Beyond the Borough’s Borders – Part 1

We’re in a small airplane now, considering how Pottstown geographically connects and relates to its region. How do the uses and zoning along its borders complement or conflict with neighboring municipalities’ uses and zoning? Note the major manmade and natural features of the landscape: railroad tracks, highways, bridges, industrial areas, schools and playgrounds, parks and green spaces, the river, the creek. You can try to also let your eyes only notice one category at a time – just the roads, or just the green spaces – to further imprint how things connect… or don’t.

Still up in that plane, let’s consider how all the groups and individuals in the community (the ones we talked about in the last post) interact with and represent Pottstown to the outside world of the county, the state and federal governments (regulatory agencies and funding sources), private foundation funding sources, and the private sector. What is the quantity and quality of those interactions? How can they become more positive, active and productive, so that the Borough can get its due? Especially in these difficult times, how can the Borough become more competitive for a bigger share of whatever funding and economic growth there is to be had in the region?

Let’s land the plane and head to our computers.

I said in my first article that your zoning tells you who you are and who you want to be. That wasn’t quite the bottom line. Your Comprehensive Plan is actually the foundation that underlies the zoning. The Pennsylvania Municipalities Planning Code is the legislation that enables communities “to plan their development and to govern the same by zoning, subdivision and land development ordinances, planned residential development and other ordinances, by official maps, by the reservation of certain land for future public purpose and by the acquisition of such land; to promote the conservation of energy…” It allows for planning commissions and zoning hearing boards. In short, it sets up the rules for the whole system of land development in the state.

Comprehensive Plans are divided into sections that address specific community concerns and needs: statement of objectives, land use, housing, transportation, community facilities & utilities, statement of interrelationships among plan elements, discussion of short and long-range implementation strategies, statement of compatibility with neighboring municipalities, and a plan for the protection of natural & historic resources. In many communities, the adoption or update of a comprehensive plan results in well-attended, lively public meetings because they know that this document may result in zoning changes which literally touch everybody where they live.

An open space plan would fall under the “land use” category above. Pottstown contracted with the County for an Open Space Plan, done in 2006. Please, please check out Fig. 2, Existing Land Use, a gorgeous map on page 14. (Bookmark it, too, because we’ll come back to that in later post.)

Comprehensive Plans are supposed to be updated at least once every 10 years. Pottstown last adopted its own Comprehensive Plan in 1986. More recently, it has used as its guiding planning document the Pottstown Metropolitan Regional Comprehensive Plan, which was done in 2005 and is in the process of being updated now. Other communities participating in that plan are: Upper Pottsgrove, Lower Pottsgrove, West Pottsgrove, New Hanover, Douglass, East Coventry, and North Coventry.

I’ll just say up front: I’m all for regional planning. Ideally, there’d be fewer school districts and municipalities and more regionally-based planning and government. “Home rule” has gotten many municipalities into a bunch of messes, and it’s clear that Pottstown and other First Suburbs have got more than their fair share. and from where I’m sitting, the Montgomery County Planning Commission looks like an incredible resource and likely ally for the Borough, so I’m kind of scratching my head when I hear or read negative comments online about “the County.”

If you go to the Montgomery County Community Revitalization Program page of their website and click on the Projects Summary – Completion Through 2009, you’ll see that Pottstown has gotten $3.4 million since the program’s inception in 2000. Only Norristown has gotten more at $5.9 million. The “X”s show work completed. The X for the 2006 Homeownership Initiative, Phase 3, should appear further to the right to indicate it was “partially completed,” but wordpress seems to want to put it right after the text.

Pottstown Borough
2000 PECO Acquisition & Bldg. Rehab. Commercial Building Improvements $158,100 X
2000 Site Plan – Riverfront Park Non-Construction – Plans, Studies & Engineerin $42,500 X
2000 Redevelopment Plan Non-Construction – Plans, Studies & Engineerin $46,750 X
2000 Marketing Non-Construction – CBD Marketing $25,000 X
2000 Economic Dev. Director Non-Construction – Revitalization Staff $51,000 X
2002 High Street Parking Parking Improvements $163,200 X
2003 Schuylkill River Center Commercial Building Improvements $27,000 X
2003 Homeownership Initiative Housing $87,500 X
2004 Pottstown Symphony Orchestra Cultural & Arts Attractions $10,000 X
2004 Homeownership Initiative, Ph. 2 Housing $224,500 X
2004 Downtown Marketing, Ph. 2 Non-Construction – CBD Marketing $33,500 X
2005 Pedestrian Underpass & Promenade Transportation – Pedestrian Connections $359,000 X
2006 Homeownership Initiative, Ph. 3 Housing $300,000 X
2006 Performing Arts Center, Ph. 1 Cultural & Arts Attractions $200,000 X
2007 Performing Arts Center, Ph. 2 Cultural & Arts Attractions $235,000 X
2007 Carousel, Ph. 1 Cultural & Arts Attractions $300,000
2007 Homeownership Initiative Housing $100,000
2008 Pottstown Airport Expansion Other $250,000
2008 Industrial Drive Redevelopment Plan Amendment Non-Construction – Plans, Studies & Engineerin $250,000
2009 Homeownership Initiative Housing $150,000
2009 Performing Arts Center Cultural & Arts Attractions $396,000
TOTAL: $3,409,050

Here are just some of the planning tools that the County has developed for use by its municipalities: state-of-the-art model ordinances, a newsletter called Planning Perspectives, and Planning by Design, bulletins that clearly describe design considerations in ways an average citizen can understand.

Suffice it to say that even with the County as part of the Pottstown Partnership, there needs to be renewed efforts – especially in this time of spending freezes and private sector slowdown – to get/to keep the Borough’s development priorities front and center with the County. In that sense, Pottstown has to take charge of its own destiny.

Okay, so I’ve spent a lot of time on the County, but the importance of this relationship cannot be overstated. The County is a planning and policy partner as well as a funding source, and the Borough needs to be working positively and pro-actively with them on every level. I really don’t know all the ins and outs of how they work together, so it’d be great if people could comment on that.

Radiating outward, real quick… the Borough should put itself out there as a spokesperson for the redevelopment and revitalization challenges facing older, developed communities. That means being an active participant in the conversations about First Suburbs, the PA Land Bank legislation, the Delaware Valley Regional Planning Commission’s policies and funding schedules, the County’s regional planning issues, and even federal community development funding priorities. First and foremost, the Borough’s got to start achieving some success in its own revitalization efforts. But along with that, if it makes itself visible in these broader arenas, and makes its voice heard, it could improve its chances to move toward the front of the line when it comes time to receive the ever-dwindling funds that are out there.

There’s more radiating outward to be done. I’ve got to wrap this up and we didn’t even get to the Keystone Opportunity Zone, or the private sector, or consumers with money! I’ll have to cover those in the next post of the series.

Note: I’m going to Bethlehem today with a contingent from Pottstown to check out Musikfest and learn how Bethlehem used arts and cultural development as an economic redevelopment tool. I took a continuing ed class on this kind of stuff last year and can’t wait to see this particular example in action. I’ll be sure to report on it asap.

The work of the community

Just as we’ve considered the physical layout and characteristics of Pottstown on some maps and on the ground, we can also take a bird’s eye view of how all the different players in the community take on the “work of the community” and how they relate to one another. There are the elected and appointed officials, individually and as members of a public body; non-profit housing, arts, health & wellness, library, shade tree and preservation groups; churches; civic groups like Scouts, fraternal organizations, PTAs; citizen activists; municipal employees; and the private sector that keeps the economic engine running and, in many cases, financially supports the work of the non-profit, civic and religious groups.

If you were hovering above all these groups in Pottstown, who would you see repeatedly crashing into one another? Or who is being deliberately cut out of the game? On the flip side, who sets screens for other players to help them fulfill their role better? Who quietly shows up day after day, year after year, getting their work done?

I am in no way saying that every group and every person in Pottstown must figure out how to work in perfect harmony. Every community needs its watchdogs, especially when there are obvious, serious problems that need to be addressed.

WHAT PROGRESS LOOKS LIKE
It’s not news that many people are frustrated with the status quo. For the past 9-12 months, there has been a growing impatience and vocal expression of frustration in the blogosphere, in the online comments at The Mercury and in person at public meetings. Citizens have formed groups to respond to specific issues. What’s apparently pretty remarkable is that Council, the Borough Manager and the School Board are listening and have begun taking action on some long-standing problems. They are also setting up processes for information-gathering, deliberation and consensus-building. This is what progress looks like.

These will take time, and not every statement or public comment is going to come out perfectly, whether it’s from someone on the inside or the outside of the process. People might not say what they mean in quite the right way. Maybe they have to back-track or re-phrase. If certain lines of communication haven’t ever been used, or not used very often, elected and appointed officials, citizens and bloggers, too, are not going to come out with perfectly-formed thoughts and ideas right off the bat. We’re just human and need to remind ourselves to cut each other some slack – all for the sake of getting the work done.

BACK TO THE WORK
Individuals feel like they’re making a meaningful contribution to the work of a community when they have a defined role – when they are recognized and asked to participate in meaningful tasks with a clear purpose. In Pottstown there’s a lot to be done. Anyone who wants to be part of positive change should be given a chance to do their thing. New people need to be pulled in. The court is big here and there’s no five-player limit.

Right about now you might be thinking: “Yeah, yeah. That all sounds just so nice. Now who’s going to FIX things?” Recently – I can’t find it now – someone posted a comment on one of the local blogs to the effect that the town has been down this road before. They hire someone who’s expected to do miracles, it doesn’t happen, they leave and the town loses again. They may have predicted that would happen with the new director of PAID/The Pottstown Partnership… and where does that stand now, anyway?

NO MIRACLES HERE
First, every public entity would do itself a huge favor by figuring out how to more frequently update the public on its activities. We live in a wired world; the expectation is that information should be available, if not immediately, then within a few minutes! Every entity, although not the Partnership yet, has its own website and should be keeping the public informed, even in an informal way. I understand that minutes from meetings are not official until they’ve been approved. But especially in a time of transition – Pottstown seems to be transitioning to a new era of responsiveness & action – when frustration and skepticism still run high, regular, simple updates would go a long way toward gaining citizen confidence.

Second, there is no miracle worker on the horizon for PAID or for Pottstown. You don’t even want to think like that. It’s a set-up for failure, for that individual and for the community. At this point, I’d like to go back to a link in my previous article. It was Wikipedia’s definition of Comprehensive Planning, which showed this step-by-step process:

• Identifying issues
• Stating goals
• Collecting data
• Preparing the plan
• Creating implementation plans
• Evaluating alternatives
• Adopting a plan
• Implementing and monitoring the plan

Whoever heads up the Pottstown Partnership is going to have to do all these things in an open and transparent way that brings out the best in those who are already in the community. Let’s face it, Pottstown can be – to quote Rodney Dangerfield – “a rough crowd.” And I say that with all the affection and pride in the world! 🙂 Whoever comes in would do well to create an economic development plan of action WITH the stakeholders as well as FOR the stakeholders.

Third, you can’t just order up a whole new team! The individuals and groups that already exist in town are certainly capable of listening, learning, gathering information, assessing, making decisions, implementing and monitoring them. They may have fallen short in the past, to varying degrees, but evidence is mounting that they are moving on now, trying to do better and succeeding. These are not miracles. These are people following the outlines of a thoughtful, planning process and getting a job done together.

Next up: Forces and resources outside the Borough’s borders

How one planner thinks

After months of getting pulled in closer, learning a lot, and meeting and talking with a lot of people, I’d like to now write more specifically about the planning, land development and community development challenges facing Pottstown. I’ll be writing with several different, intertwined perspectives in mind. The urban planning part of my brain is influenced by my point guard/leader/coaching brain, and it’s all (still) informed by the experiences of living in Pottstown, going up and down its streets in cars, on a bike, running or walking on my own two feet, during my formative years. I’ll try to show my thinking on the page, and in the process I hope to re-frame the way the community thinks about its challenges and what it wants to be, so that it’s better positioned to get there. If something doesn’t quite make sense or I’ve got a basic assumption all wrong, I apologize in advance. Let me know so I can re-assess things based on reality.

As to the title of this blog post… I’m going to lean heavily on a sports analogy here at the beginning. I see a connection between being a point guard in high school and college and then finding myself in the planning profession. A key concept & goal of the profession is to be comprehensive in outlook. And being a point guard means “seeing” and keeping track of everything that’s happening on the court.

Example: On a fast break, a point guard might not even know exactly who she’s passing to. She just sees the color of her teammates’ jerseys spread out in front of her. She sees opposing jerseys. She sees an open space that a teammate might move into, to get closer to the basket, and she tosses the ball to that space, believing her teammate will move to it, get the ball and score. You don’t want to make or encourage moves that have people crashing into one another. Teammates need to keep good spacing, but they do need to come together, say, when one sets a screen for another. They move closer together, then they move apart. It’s about seeing space and color and individuals working in concert. (Just re-read that… could almost describe a land use map too.) Ideally, it’s one big orchestrated dance that has spontaneity, too, based on trust and instinct.

On several different levels, I think about community development and comprehensive planning, at its best, as a series of orchestrated movements, where different people and groups are playing their roles to the best of their ability. The goals are reasonably attainable, based on the skills that everyone brings to the game. In hoops, you don’t want a schedule where you’re always losing and stuck in an unhealthy frame of mind. In community or economic development, you don’t want to set goals you can’t reach.

So let’s think of a really, really large court; let’s think of several bird’s eye views of Pottstown. A zoning map, historic district map, and homeowners’ initiative map all give a different view. Different uses, zones and priorities have been assigned to different spaces for specific reasons. Yes, these can be modified over time for many reasons. But no land use recommendations or decision should be made without regard to surrounding properties and the uses/priorities assigned to adjacent zones. Sounds simple, but in reality, it’s easy to get carried away from such a basic consideration.

I started writing what you’ve just read, after getting – ah, irked – at a July 31st Mercury article about an “energy plant” that comes with a landfill, proposed for the former Stanley G. Flagg site. The Mercury followed up with a glowing opinion piece on August 1st. But just because something comes in green wrapping paper doesn’t mean it’s good for a particular community.

From a bird’s eye view of Pottstown’s zoning map, I imagine truck after truck delivering municipal solid waste to a flex office zone that has parkland on one side and a narrow gateway zone and neighborhood residential on the other side. Parkland. Green Garbage. Gateway/Neighborhood Residential. This would be an example of incompatible uses crashing up against one another – in short, a badly run play.

I’m generally in favor of green initiatives! But every activity – even a green one – has to be considered in its context, in its specific location. And Pottstown has to start getting serious about how it markets itself. There are other green activities that it can explore and try to bring to town that don’t involve garbage at its western gateway. (We’ll get to these in this series, down the road a bit.)

Okay, so eventually, we need to print out a copy of the maps, come down out of the sky and see what’s exactly on the ground. It’s best to walk around with map in hand and get a sense of the scale of anything that’s already there or in the vicinity. There’s a whole other level of sensory awareness of what makes a “place” work. What do you see, smell and hear in a neighborhood or on a particular site? Does it feel safe?

When friends are looking for a new house in a new community, I advise them to stop in at the municipal building and visit the planning and engineering offices. Ask to see their maps and (here in NJ) the town’s Master Plan. Ask what’s going on. I also advise them to visit their potential new neighborhood at several different times during the day and night. Look for railroad tracks and airports; is there a lot of noise? Truck traffic? Commuter traffic? Bring the kids to the potential house, park the car, get out and walk to the park or school or ice cream shop together to see how it feels. Is it going to work for your family?

We’re all going to have our own opinions and different tolerance levels for all kinds of activities. But a town’s maps, and the ordinances that underlie and support those maps, represent existing public policy. Periodically, you re-evaluate them, you talk it out publicly and you might change them. You make exceptions only for very compelling reasons. To me, though, this is your starting point as a community. Your maps and your ordinances say who you are, how you want to grow, what you want your town to be.

Next up: Who’s doing the “work of the community?”

HB 712 – PA Land Bank Legislation

This afternoon I sat in on an hour-long webinar on proposed legislation that would enable the creation and operation of land banks in PA. The ability to create land banks would give all municipalities and counties a tremendous tool against blight and property abandonment. I could see a Pottstown Land Bank working hand-in-hand with The Pottstown Partnership, Genesis Housing and even PACA, offering homes for sale or lease-purchase throughout the Borough, marketing & offering housing and work space to artists (similar to Paducah, KY), attracting homeowners, entrepreneurs and businesses, and getting properties back on the tax rolls. But I’m getting ahead of myself.

The Housing Alliance of Pennsylvania sponsored the webinar. The presenters were Cindy Daley, Policy Director of the Housing Alliance, and Irene McClaughlin, an attorney and mediator who has spent her career dealing with blight-related issues in the Pittsburgh area. From the Alliance website: “Anti-blight land banking legislation passed the House on Tuesday, June 29, 2010 by a majority vote of 190-8. HB 712 provides for the creation of land banks for the conversion of vacant or tax-delinquent properties into productive use. The Housing Alliance supports this bill, although we anticipate it will need some technical amendments in the Senate.”

Below are some key points about what this legislation would allow and how a land bank would function. There are still questions about the nitty-gritty details, but with such overwhelming support in the House, it seems like this legislation could very well get passed in some form pretty soon. It is enabling legislation, which means that it allows land banks to be created but it’s up to individual towns and counties. It is NOT mandatory.

There are an estimated 300,000 vacant properties statewide. Between population and job loss and sprawl, rural, inner ring suburbs and urban communities have been faced with blight and abandonment.

An abandoned house or lot reduces the value of all other surrounding houses by an average of $6,720.

There might be potential buyers for these properties, but an inability to find the property owner, the lack of clear title, and debt that exceeds the property’s value all prevent a property from getting a new owner. Existing tools are inadequate: uncertainty of tax foreclosure process; cost & difficulty of condemnation; and existing laws, which have been on the books for decades never anticipated people simply walking away from property.

Land banks are single purpose entities created by local government to manage properties that no reasonable purchaser otherwise wants.

Would allow for the clearing of existing liens and old debt; clearing of title; remediation; assembly of parcels for current market conditions; holding of property until a market emerges; disposal or transfer under terms and conditions driven by the market.

Land banks just a part of a larger picture. Still need tax collection and foreclosure reform along with clearer mechanisms for protecting low-income homeowners or owners who simply wait until the last possible minute before paying their taxes. This enabling legislation – HB 712 – is just the beginning of the process.

Details of HB 712
Defines a Land Bank as a public agency.
Jurisdiction: Cities or counties that are authorized by state law to create a redevelopment authority. Any city or boro with 10K or more population.
Formed by an ordinance subject to approval by a mayor or county executive.
Intergovernmental Cooperation Agreement (ICA) between 2 or more land bank jurisdictions.
Smaller jurisdiction could join an existing land bank.
If there’s a land bank in a city and in that county, the county can’t take real property in that city.

Board of Directors
5-11 members (odd number); can include public officials and municipal employees.
Must include at least one voting member who is a community resident and a member of a civic organization, but who is not a public official or employee.
Must have open meetings, a regular meeting schedule and follow Sunshine Laws.
Staff: may hire employees, or have crossover with city staff & municipal functions

General powers
Adopt, amend, repeal bylaws
Borrow money
Issue negotiable revenue bongds and notes
Enter into contracts
Collect rent
Design, develop, construct, demolish real property
Partnerships, joint ventures for development of real property.
Needs to have capacity to maintain the property according to existing codes.

Acquisition & Holding of Property: gift, transfer, exchange, foreclosure, purchase, from municipalities, from tax claim bureaus. At this point, these properties are undesired by anyone else.
Land bank’s real property, income and operations are exempt from state & local taxation.
Land banks may only acquire property within their jurisdiction, except by Intergovernmental Cooperation Agreement (ICA.) Except if property is leased out to 3rd party for more than 5 years, then income becomes taxable. Ideally, will stabilize and bring up values of surrounding properties.

Disposition: A land bank must create an inventory of its real property which is available to the public for inspection.
May sell, transfer, lease, or mortgage any real property of the land bank.
A land bank may establish priorities for the re-use of real property it conveys, including but not limited to uses for: purely public spaces and places, affordable housing, retail, commercial & industrial activities, conservation areas. These uses are not specified in the bill; it’s up to each particular Land Bank. Priorities don’t have to be uniform across the land bank area. Bill recognizes that land use is going to be specific to location. By-laws and any ICA would establish specifics and priorities.

Financing Land Bank operations:
Grants & loans from municipality, Commonwealth, Fed. Govt. & other public & private sources.
Payments for services rendered.
Rents and leasehold payments.
A practice adopted in Michigan that provides a regular funding source: an agreement is reached with the taxing jurisdictions – not more than 50% of real property taxes collected for 5 years after the transfer of property will go back to the land bank. As proposed in HB 712, this is optional, subject to agreement with municipality and school district.
Borrowing and issuance of bonds. Municipalities may but are not required to guarantee the bonds Bonds and income are tax-exempt.

Required to keep records of proceeding & subject to following state laws:Open meetings, Right To Know, Conflict of Interests, Ethical Standards Laws

Special Powers
Power to discharge & extinguish real property tax liens and claims, subject to the approval of the school district for school taxes.
May file a court action to quiet title in an expedited procedure. Multiple parcels of real property may be joined in a single complaint in action to quiet title.
Land banks do NOT have power of eminent domain.

Dissolution: There is a procedure for dissolution of the Land Bank.

Audits: Land bank income and expenses and a report will be submitted annually to DCED and to participating municipalities.

Land Banks and PA Real Estate Tax Collection & Foreclosure
Municipalities may assign tax claims and liens to the land bank. Municipality and a land bank may agree to a set bid price in advance of public auction (upset sale or judicial sale as well as at “single sale” allowed unter MCTLL (only for Phila and Allegh. Counties)) and transfer property to the Land Bank as purchaser in accordance with the agreement. Within 30 days of the purchase, the land bank must receive the deed transferring the property free and clear of all claims, liens and charges.

Next steps: HB712 is now in Senate Urban Affirs & Housing Committee. The Committee intends to hold a hearing on the bill – early Sept.? The Housing Alliance is convening a Working Group to review the bill & propose amendments. All interested stakeholders are invited to participate. And once the language of HB 712 is finalized, the group will begin working on mechanism for financing land banks and tax sale reform, including strong hardship waivers.

Profile: Jason Bobst, Borough Manager

The view from Jason Bobst’s third floor office in Borough Hall provides a glimpse of the work he faces every day, managing what is essentially a small city that has a small-town feel.

As Pottstown’s Borough Manager, Bobst oversees not only the typical activities of local government, but three other entities that are more often associated with cities and usually governed by separate entities. These are the Pottstown Area Rapid Transit system, the Pottstown Municipal Airport and the Borough Authority, which provides water and sewer to residents and businesses. That’s a lot of responsibility for any manager, but 28-year-old Bobst takes it all in stride and is already making his own mark on the position.

“One of my biggest goals is to get citizens more active,” he said. And the key to that is communication. By using technology more effectively and holding face-to-face meetings in every ward, Bobst hopes people are encouraged to get involved.

The Borough now sends out a newsletter three times per year, and there is a monthly show on PCTV about various aspects of local government. On the odd-numbered months, the program features Bobst and an elected Councilor. On the even-numbered months, a department head is featured, talking about what exactly their department does.

Another use of technology is the implementation of the Swiftreach Network, or Swift911. Residents and businesses can sign up to receive calls in the event of an emergency or for getting important information. More about this service can be found on the Borough’s home page and, if you’re interested, you can then fill out this form.

These communication efforts are coupled with the recently-instituted ward meetings, which take place in the neighborhoods and give residents a chance to get to know and directly address their elected officials, police, a public works representative and Bobst.

Jason is a 2004 graduate of St. Joseph’s University, where he majored in business administration and political science. He stepped up to Borough Manager a little over a year ago, after starting out as Assistant Borough Manager in September 2007 and serving as interim Codes Manager and interim Finance Director before taking the helm.

In view of the recently proposed amendments to the rental ordinance and the Pottstown Partnership coming to fruition, he said, “There’s a concerted effort now to get things done, being pro-active rather than reactive. We need to keep setting goals and benchmarks and have a plan of attack. I may not always have the answers, but I know where to get the answers.”

Eventually, he’d like to get his master’s degree in public administration.

“It’ll happen, but I’ve been kind of busy since starting this job,” he said with a smile.

What does he listen to on his iPod to relax?

“I like the whole range of classic rock. Chicago, Led Zeppelin, K.C. & the Sunshine Band, Phish. I grew up listening to WOGL.”

Jason Bobst, Borough Manager

That’s 98.1 FM, an oldies radio station that plays a lot of songs that some of us – ahem – listened to when they first came out in the 1960s, ’70s and ’80s.

And Bobst admitted to being a Parrot Head, a commonly used term for a Jimmy Buffett fan. He hasn’t missed a concert since he was 15! So, we’ll let Jimmy wrap this up, tug on our heartstrings and carry us through the weekend. This is his 1974 hit, “Come Monday.”

Thanks, Jason!

First Suburbs, Keim Street Bridge & Keystone Blvd. extension

Exactly the kind of issue that would benefit from analysis and advocacy by the First Suburbs coalition is how PennDOT and the Delaware Valley Regional Planning Commission (DVRPC) set transportation funding priorities.

From their website: “The Southeastern Pennsylvania First Suburbs Project is a regional coalition of community leaders from developed suburbs that have joined together to harness their communities’ power by directly engaging citizens to affect policies and practices that will lead to the stabilization and revitalization of their communities.”

They’re holding the Building One Pennsylvania Summit tomorrow, Friday, July 16, 2010, 10:00am – 4:00pm (doors open at 9:00) at Thaddeus Stevens College of Technology, 750 E. King Street, Lancaster, PA.

I know a few Pottstown residents are going and I hope someone is going to officially represent the Borough.

In a recent presentation to Pottstown Borough Council, a representative of the DVRPC described how the funding for the repair/replacement of the historic Keim Street Bridge wouldn’t be available for approximately 6-8 more years, or completed for at least 10 years. See The Mercury’s video here. The issue was also discussed by Jeff Leflar on the Code Blue blog.

In the video, Council President Stephen Toroney notes that, ideally, the bridge would be re-aligned with Keim Street AND Keystone Boulevard would be extended to the Route 422 Stowe interchange, thus allowing Pottstown to be part of the 422 flow rather than cut off from it. Toroney rightly pointed out, “That’s the key to our Bethlehem Steel site. To get some businesses in there.” He asked about the possibility of fast-tracking and a public/private partnership to make those things happen. It wasn’t clear, due to the video editing, whether the DVRPC representative ever responded directly to those questions.

I would not let this go. And I don’t mean that in a confrontational way. I mean that there is a strong regional planning case to be made for addressing this root-cause, which is directly connected to jobs and fiscal stability, through recurring dialogue and a working relationship with these agencies specifically around this issue.

This problem is reminiscent of the ultimate effect on many of our nation’s cities of the Federal Highway Act of 1956, which funded the interstate highway system. Massive roadways and overpasses cut downtowns off from their rivers and diverted people, in their vehicles, away from city centers, opening up the countryside to housing and malls – what we now call “sprawl” – and leading to the disinvestment in urban cores.

On a smaller scale, that is what the current PennDOT/DVRPC transportation funding schedule perpetuates – the continued re-routing of traffic (and consumer dollars) around a town center/small city. This funding schedule, even if unintended, is in effect their public policy. It is a policy that, due to inadequate access for the movement of raw materials and finished goods, actually also hinders private sector economic development dollars from flowing into Pottstown.

For Pottstown’s former industrial sites ever to be re-used to their fullest, the newly formed Pottstown Partnership (which includes the County) will want to hit the ground running in talks with PennDOT and DVRPC to re-consider the current timeline on the Keim Street Bridge and to get the Keystone Boulevard extension on the table. The Partnership will also need to actively engage property owners, determining any clean-up and marketing strategies that will put these sites back in use. They are absolutely essential to Pottstown’s revitalization. None of these efforts toward the Pottstown Industrial Complex should be news. They are part of Goal #1 in the Action Plan of the Pottstown Economic Development Strategic Plan (March 2008).

There may be a history here (of inaction) such that funding agencies might be leery of directing resources where they’re skeptical about their ultimate benefit. Fair enough. That’s where the Borough – on its own and in the context of the Partnership – needs to step up and be pro-active with property owners, pro-active in seeking grants for brownfields redevelopment and putting together a package of other financing incentives, and leading the way in this kind of First Suburbs conversation.

“Tell us what you think about Pottstown.”

That was an online headline at The Mercury this past Friday, June 25. And then it said, “What positive changes need to be made for Pottstown borough to move forward? Tell us in the comments section below.”

Hmmm… I wondered, “Is this a set-up? Is The Mercury deliberately taunting me over here at Positively!Pottstown?”

I’m sorry, dear readers, I couldn’t hold this in any longer! Here’s what I posted over there this afternoon (as Number5).

” Dear Mercury: thanks for asking! I’ve been thinking about doing a series of blog posts about all these interrelated issues, so I guess this is kind of a jumpstart. Sorry for the length – a lot of pent-up thoughts! And my m.o. is to throw a lot out there and see what resonates on the ground – that’s the spirit in which this is offered.

I’m going to stick with the positive spin of the question – suggesting positive changes.

Pottstown, what’s your story? You need a vision and a voice to communicate that vision. It’s got to go deeper & get more specific than the generalities in study after study. For example: former industrial center retains what is good about its small town past AND re-invents itself for the 21st century. It values its river, historic architecture, walkability, neighborhoods, community gardens and businesses that MAKE things. While the industry used to be all about steel, pies, auto parts, etc., now the town makes art, dance, music, recycled-fashion designs, and solar/green technologies. What the heck, maybe it’s home to several organic coffee roasters too. (This is an example!)

What if just about every decision made by town or a local property owner or civic group took that kind of vision into consideration? There are places billing themselves as “sustainable cities.” Maybe Pottstown could be a “sustainable town”? Could something like that provide the framework for guiding revitalization decisions in Pottstown?

Pottstown has never been for the faint-of-heart; hard-working, gutsy immigrants made this community what it was in its heyday. Now is no different. Arts and business entrepreneurs, who have higher risk levels than the average Joe, would totally be in keeping with Pottstown’s immigrant past.

So, where are these risk-takers? You’ve got a bunch of them in the arts and restaurant community in town already. Another commenter has already mentioned them. Any day now, the Pottstown Arts & Cultural Alliance is going to launch a totally cool new website. PACA is on its way to putting a very new face on outsiders’ perceptions of Pottstown. They are adding value to this community by what they do every day and, now, by more effectively communicating what they offer. And they’re just getting started.

The business community and property owners are critical. Bottom line: You gotta fill the spaces on High Street. I’m putting out there right now: If anyone in the business and real estate community wants to put together a clearinghouse website to market their Pottstown properties in an attractive, easy-to-understand format that SELLS, I will gladly help make that happen within, say, 90 days. I’m from out of town and I’ve gone looking for properties as though I were an investor, and it’s not easy to even find out what’s available, let alone where might be some good locations for specific uses like a café or a used bookstore/literary venue or whatever.

Community groups: reduce fragmentation wherever possible. Join forces around a common, positive, pro-active vision. Link to and intersect with the arts, business & educational communities wherever appropriate.

Good government. There’s no way around this. There has to be a “good government” halo around Boro Hall that can be seen from Routes 422 and 100. Anyone stepping into the building has to know they will be treated courteously, fairly and consistently. There’s got to be follow-through. You got an ordinance on the books, you enforce it. If it doesn’t make sense in your new vision of yourself, you set out on a course of careful, PUBLIC consideration, you ENGAGE the affected parties/property owners, and you change it. The arts, business and community groups can go pretty far if they’re all pulling in the same direction, but unless the foundation of government is strong and inspires confidence, yeah, people are going to be hard-pressed to trust their investments here.

Nail down the vision ASAP. Preferably without paying for another study! Communicate the vision, whatever it is, through your ACTIONS. (I’ve got some more specifics to throw out there, but will deal with that on the blog.) Everyone: get your stories straight and tell it that way, over and over again, every time your organization or collective reaches a milestone, large or small. Give the naysayers less and less to talk about, especially on public message boards! ”

” Sorry, meant to sign that post:

Sue Repko
Positively!Pottstown ”

First Suburbs – Challenges of Rental Housing

As property values diminish and services are cut, First Suburbs usually begin to see a decline in rates of homeownership, creating a steady pool of vacant and less expensive properties for investors. In any discussion of the challenges that some rental markets may pose, though, it’s important to distinguish between tenants and buildings.

Depending on the slant of landlord-tenant law in a particular state, and the extent to which tenants in a community are aware of their rights, they may not have a strong voice to advocate for themselves and the condition of their buildings. In any public discussion about housing policy, all parties would be well-served to be careful not to lump all tenants into any broad category. Certainly, public policy itself should never seek to exclude based on negative stereotypes or broad assertions.

Tenants are people. I’m not trying to be a wise guy. This sometimes gets lost as frustrations mount, buildings deteriorate and discussions get heated. But tenants do become the neighbors, classmates, friends and employees in a community; they become citizens of the community. I’m not sure if such a program exists anywhere for tenants, but if community organizing is picking up speed – I’m thinking of Pottstown here – maybe there’s a way to incorporate a kind of Welcome Wagon program into the efforts. The best way to get new residents to understand and come to value community norms might be as simple as knocking on a new tenant’s door, saying “hello,” offering a folder with information, including their rights, and, yes, maybe a homemade pie. (I am talking about Pottstown, after all )

Although I have a lot of faith in the power of pie, of course it’s not going to solve a fiscal crisis. In no way do I mean to minimize the fiscal effect of increasing numbers of lower-income and special needs students straining a school district and the taxpayers. But the blanket blaming of tenants is not the answer. There are larger issues that have to be dealt with to turn a town toward greater homeownership, increased business investment and a stable tax base, so that the school district has a greater capacity to provide needed services. Enforcing the existing laws on the books would make a huge impact, not only on the day-to-day experience for current residents, but the perception of outsiders, funding sources and new businesses, about how well the town itself functions.

My first full-time job out of college was with the Section 8 program in Trenton. I did inspections all over the city, followed up on repairs, negotiated with landlords and re-certified tenant income. Several days each week were spent in the field, doing scheduled inspections. Other days were spent in the office, meeting with clients and keeping the paperwork moving. A quick look at Pottstown’s website shows that all the pieces are in place to carry out a rental registration and inspection program.

There’s the zoning ordinance, the required form for the initial registration of a property, the schedule of residential rental registration fees, the checklist for the inspection of residential rental units, and the inspection application with a change in occupancy. I am not sure why I have read/heard that the program is “voluntary.” The ordinance states that owners or rental agents “are required” to submit registrations and update any changes in occupancy.

In a recent post, a local blog – The Pulse! by a citizens’ action group, Code Blue – reported that a request for a list of all the Borough’s rental properties could not be accommodated because no such list exists.

Whether that was done in error or not, an excellent starting point for a rental registration list would be a list of the non-owner-occupied properties from the Montgomery County Board of Assessment Appeals. The entire property file, with all the data collected for assessment purposes, is available online. This wonderful tool allows anyone to search, for example, by Land Use Code and find out that Pottstown has 352 duplexes, 94 triplexes, 52 quadplexes and 43 conversions to 5 or more apartments.

It is not possible to use their advanced search function online to find out all the properties where “property owner address” does not equal “property address.” But the county will send the entire file, or just that search/sort, for $53 to anyone who requests it through the open public records process, as I recently did.

All of this is to say that there is a pretty good, existing list of non-owner-occupied units based on County data. So, what are the obstacles to running a rental registration and inspection program? Do fees need to be set to cover the cost of administration? Is current staff trained and ready to go? Administrative systems would have to be put in place to handle the incoming data and to assist in the monitoring and follow-up. Funds would have to be budgeted initially to notify ALL property owners by mail, website, newspapers and blogs that the ordinances are now going to be enforced as of a certain date, maybe 60 days out. And that fines will be levied for non-compliance. And that the police will be tracking the properties where they are called out three or more times for disturbances, which has its own consequences.

Enforcing these provisions is no different from enforcing tax collections. In fact, this kind of enforcement is possibly more critical to sending the message that a town is on top of its game, which is really the first step toward attracting new residents and economic activity.

First Suburbs: Affordable Housing Notes from NJ

Affordable housing policy is near the top of any First Suburbs agenda and rightly so. In towns that are experiencing the economic disinvestment described earlier – the loss of industry and large and small businesses – the value of the housing stock becomes more critical to the property tax base. And because education is by far the most expensive part of public services, a strong housing market is essential. Yet, the housing markets in First Suburbs suffer the same kind of disinvestment. How can the cycle be broken? Of course, that’s the multi-billion dollar question. And, of course, there’s no way I can answer it. All I can offer here is a resource for your further investigation of the regional and statewide inclusionary zoning system that has evolved over the past 35 years in New Jersey. I hope that these notes and links can inform the conversation and spark some ideas that help SEPA’s First Suburbs as they advocate for more equitable housing policies in their own region.

The New Jersey Fair Housing Act was passed in 1985 to try to even out social, economic and educational disparities between cities and suburbs. The Legislature passed it in response to a couple of New Jersey Supreme Court rulings, Mt. Laurel I (1975) and Mt. Laurel II (1983). The first decision basically found that large-lot zoning laws didn’t allow for a variety of housing types at varied price levels, which excluded people of color and of lower incomes. The second decision created the foundation for a system for determining a “regional housing need,” the “fair share obligation” of individual municipalities in that region, and the “builder’s remedy,” described below.

The Fair Housing Act created a Council on Affordable Housing and a vast body of regulations and calculations to assign a “fair share” number of low- and moderate-income units to each town based on a variety of factors. The program was voluntary. Towns could submit Housing Plans, get them certified through a lengthy process, and then be monitored for compliance. The “carrot” part of this approach was that if towns did this, they couldn’t be sued by builders or housing advocates over their zoning. But if they didn’t participate in the system, they could be subject to “the builder’s remedy” whereby a builder/developer could sue the town to increase the zoning density so that he could provide affordable units in a new development – usually 20%, which would remain affordable (price-restricted) for 30 years. Special housing courts with judges and court masters – urban planners who specialized in affordable housing – would hear these cases and make decisions, essentially taking zoning control away from the non-participating towns. That was the “stick.”

When the Legislature stepped up to pass the Fair Housing Act (and stop the Supreme Court from interfering with local zoning), it created a mechanism – Regional Contribution Agreements (RCAs) – to water down the court’s influence by allowing towns to buy their way out of up to 50% of their affordable housing obligation. “Sending” towns could pass bond ordinances and send the money – based on an agreed-upon per unit fee – to a designated “receiver” city in their region. In this way, some towns reduced the number of affordable units built within their borders, but they also provided urban areas with much-needed rehabilitation and new construction funding at a time when the federal government was cutting these programs. Still, it was clearly a way around the original intent of the court decisions.

More than 25 years later, in July 2008, the NJ Legislature and Gov. Jon Corzine abolished the RCA provision and also created a non-residential development fee of 2.5 percent to be charged on non-residential construction or improvements to raise revenue for the construction and rehabilitation of affordable and workforce housing in the state.

New Jersey’s system grew out of strong, grassroots advocacy for lower income people in the state’s cities, who knew that inner-city residents were being systemically kept out of better public schools, and safe and clean environments due to exclusionary housing laws. Builders were also pushing against these laws for their own gain during a period of generally remarkable economic growth in a state with ever-diminishing developable land.

We are in a very different economic and political environment now. One of Gov. Chris Christie’s first moves was to order a 90-day moratorium on most of the activities of the Council on Affordable Housing. The NJ courts once again stepped in and issued a stay on a portion of the order, while it is on appeal. The Governor is now reviewing the results of a Task Force on the matter. Even though many suburban towns truly voluntarily participated in this system, changed their zoning, and opened up their communities and schools to low- and moderate-income residents who might not otherwise have been able to live there, the complexity and the burdens of this system are legendary here. It has certainly produced affordable housing (see numbers here) and some degree of economic and educational opportunity for thousands. But there are still very real differences separating our cities and more affluent suburbs, namely, blatant racial segregation. Still, I think those Supreme Court justices back in the ‘70s and ‘80s were on the right track, recognizing that ordinances and public policy can have discriminatory effects and staying on the alert to try to counteract any systemic inequities.

New Jersey’s property tax/school funding system is broken – to say nothing of “home-rule,” our 566 municipalities and 605 school districts! The current widespread fiscal crisis only puts that in high relief. Finding political, social and economic solutions, that are also pragmatic, remains our challenge – and probably will be for some time to come. Taking New Jersey’s experience into consideration, though, may help SEPA’s First Suburbs get a better feel for how some housing policies might play out at the intersection of the private and public sectors in their own hometowns.

Note: The original post said that Gov. Christie’s recent order was repealed; a stay was issued on a portion of the order while it is under appeal.

Sue Repko is a writer, licensed urban planner in New Jersey and a member of the American Institute of Certified Planners. She grew up in Pottstown and blogs at Positively!Pottstown.

SPX Hoops Recap

The hot, humid air in Father Doyne Hall tried to smother the 45-50 former players who showed up for the last game ever, but it didn’t stop old-timers and youngsters alike from running up and down the court for about three hours last Friday night. Those guys from this year’s graduating class of 2010 sure can shoot the 3! There was also an impressive showing from the – ahem – older grads, some of whom are still playing regularly. Former coaches on hand included Joe Donahue, Pete Sovia, Michele Repko Dunleavy, and Randy Reber, who will take over the helm for Phoenixville’s boys’ program next season. Thanks for the memories, St. Pius X!

St. Pius X Basketball Alumni

While we’re on the topic of basketball, I’ve changed the photo in the sidebar to my beloved neighborhood hoop at Franklin Elementary School in the North End. I’ve stopped by to visit this hoop several times over the years, which looks to be the exact same iron pole, backboard and rim where I spent so many hours playing, practicing and shedding tears of frustration while growing up. I won’t go on here about the kind of love a person could feel for a simple thing like that, for that place. The blacktop is crumbling now, which makes me just plain sad, but also reminds me of why I’ve been coming back to Pottstown these days. There are a lot of complicated, interconnected and entrenched reasons why a playground blacktop would be crumbling. I’m just trying to do my part to move things in the direction of smoothing that out for the kids coming along now who deserve to have their ball come predictably back up to their fingertips when they make their next move. Game on!

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