How do we pay for this? A few suggestions…

I would hazard a guess that if you polled all twelve of Jenkintown’s volunteer councilors about finding a better way to pay for sidewalk and curb repair, to a person, they’d likely respond, “but how do we do this without raising taxes?” Indeed, Councilor Laurie Durkin said just that via email, following with, “Residents must pay one way or another.”

Maybe, but a one-time, four-figured, out-of-the-blue financial broadside hurts far more than a long-range, pedestrian-focused plan.

So when Ms. Durkin asks me, “Do you have another suggestion or source of funding?”

As a matter of fact, I do.

Document published by the Advocacy Alliance that’s all about paying for sidewalks in a more sensible manner. Best parts start on page 18. Click to download.

Over last week, I received a reply to my request for information from The Alliance for Biking and Walking. I was sent a link to a document that contains twenty-eight pages of information on the topic. In case no one at borough hall had a chance to look this over, I will present some of the more salients points here.

In the introduction, the authors acknowledge the problem of funding. Many towns struggle with this issue, but they seek sustainable solutions because:

The response we heard from communities who are overcoming this challenge was remarkably consistent across community size, context, and project type: We build and maintain our bicycling and walking facilities because they are a priority for our community. [Emphasis theirs.]

The portion on sidewalk maintenance begins on page 18. Among other reasons, sidewalks are great ideas because they:

…provide tremendous value to communities by making walking safer and easier. Even without sidewalks people will walk, leading the FHWA to recommend that “[g]iven that people walk despite not having facilities—for exercise, going to friends’ houses, accessing transit, etc.—it is neither rational nor acceptable to build places that do not have places for people to walk.” [emphasis mine] In addition, sidewalks, like trails, can be more than transportation facilities; they can be “a place to abide, to meet others, and to participate in neighborhood life.” The uniqueness of sidewalks as multi-functional facilities should be a great asset for their construction and maintenance.

But:

…sidewalks often face challenges, particularly related to maintenance. Even where sidewalks are recognized for the integral role to access transit and other activities, the maintenance of sidewalks can be a complicated picture that, in the worst case, leads to disrepair of facilities and community and developer resistance to new sidewalks.

Suffice to say, the document shows the many ways to skin this cat, but the city of Long Beach, California — a state like Pennsylvania in terms of its sidewalk repair policy — fully funds sidewalk maintenance by budgeting a repair program according to a schedule. For its efforts, the city has been cited as “Silver Level Walk-Friendly Community“.

The City of Long Beach has good sidewalk design standards and 100 percent sidewalk coverage on arterial and non-arterial streets. Sidewalks are repaired on a regular maintenance schedule and the City has almost complete curb ramp access in compliance with the Americans with Disabilities Act.

On page 23, the document finally asks “How are cities funding sidewalk maintenance programs?” Of the sixteen suggestions, I would direct Ms. Durkin to these:

Community-wide Assessments: Ithaca, NY was identified for its yearly assessment of between $70 and $140 to be used for sidewalk repair and construction.

Coordination with other improvements: Ironwood, MO; and Davidson, NC were identified in the FHWA Research Report that accompanied the Guide as communities that were using coordination to facilitate and fund sidewalk improvements. In Ironwood, the city coordinated sidewalk replacement with water and sewer line replacement. In Davidson, the city has had success informally coordinating with developers.

Sidewalk millage tax: Ann Arbor, MI was identified as a community with a millage (property) tax that generated $560,000 or more per year for sidewalk repair and replacement. The tax was approved by over 60% of voters.

(Much of this information is sourced, believe it or not, from the Federal Highway Administration.)

Nobody wants to see their taxes go up, but we typically accept that the public at large pays for public goods. I would again further contend that because the borough does a poor job in explaining its actions or describing the inflows and outflows of our tax dollars at their brand new website, that perhaps we take a closer look at its fiscal behaviors. Maybe the borough is doing things it shouldn’t be doing. Given the shocking lack of detail in its latest budget posting, I think this is a fair concern. The borough does us a disservice, not a favor, by publishing a summary of a $6.7 million budget.

When you consider that no one reports on council hearings and that the borough hasn’t posted an agenda since April or meeting minutes since last February(!), then only a fool would not wonder how well the borough governs itself, never mind us.

In any case, the borough’s activities of late would indicate that no one, least of all our former-building-inspector-turned-borough-manager, has bothered to do even the slightest amount of research on the topic of sustainable pedestrian infrastructure. Time to crack the books, Mr. Locke.

They know how to email, at least

This past two weeks have brought up some interesting developments.

First, after ten days, I finally received a reply from George Locke, Jenkintown Borough Manager to the questions I emailed him. Mainly, I asked Mr. Locke about what I can expect to happen if I cannot afford to effect the repairs and what, if anything, are my options. His reply in part:

The provisions for remedy in Chapter 156-25 (the Borough may either by its own employees or by an independent contractor do the work required and collect the costs thereof and 10% additional, together with all charges and expenses, from such owner in any manner prescribed by law.) may be pursued when the property owner does not comply within 60 days after Service of notice that has been served personally upon the owner of the premises to which the notice refers in accordance with 156-23 Service of Notice. As the concrete work is ongoing and the paving work has not commenced on the 2015 Road Paving Project, it is currently estimated that the comprehensive list of noncompliant properties will be known by mid-October.

During the council meeting Councilor Rick Bunker indicated that I should contact the borough for possible financing options. I referred to this in another question to Mr. Locke. His reply:

The Borough utilizes both TD Bank and Republic Bank for Borough banking services, I can inquire with those lending institutions concerning funding and forward you any contact information I obtain if you would like me to.

Today, I received an email from Councilor Bunker asking me if I had “resolved” my issue. I replied, “If by ‘resolved’ you mean ‘found the money’, then no.”

His response:

Have you talked to George about this? I expect that you might find him amenable to doing the work and placing a lien so the borough is repaid when the property is sold.

My reply:

When a public servant takes more than ten days to respond via email to some simple questions in the face of what are, for us, dire financial circumstances, I hardly think the term “amenable” applies. Why do I get the sense that Mr. Locke would like nothing more than to see a “for sale” sign on our front lawn?

In fact, Mr. Locke said nothing about the lien process. Not once did he ask, “Would you like us to perform the work for you?” This is not a borough or manager that seems eager to work with residents, and is possibly unclear on the concept.

In other news, one of my three councilors Ms. Laurie Durkin posted on our Facebook page the email address that she actually responds to, which is [email protected]. Why the borough doesn’t redirect email from her official address is anyone’s guess. However, I did write to her yesterday, re-sending the third unanswered email I sent her on August 6 to the borough email address. I wrote asking about the “international code” she brought up at last month’s meeting.

Ms. Durkin repeated this borough line about the need to raise taxes to pay for sidewalk repairs:

The only alternative, as I see it, to the current program, is to pay for curb/sidewalk maintenance and repairs via an increase in boro taxes. Residents must pay one way or another. Do you have another suggestion or source of funding?

Keeping homes, sidewalks and curbs in good repair are important to the safety of our walkable community, stormwater runoff management and property values.

My response:

You will get no argument from me about the importance of safe sidewalks. I have advocated for walkable communities for the past thirty years.

However, as I have stated repeatedly in my emails, blog, and Facebook posts, we currently give pedestrian infrastrure no real priority in borough budgeting OR planning because the borough feels that foisting an arbitrary, punitive, and inefficient policy upon property owners suits its needs. This maintenance can best be described as ad hoc.

Whether or not this requires an increase in taxes is frankly up to you. One could make the argument that from a budgetary perspective, [that] the borough has failed to gets its ducks in a row. Did you know, for instance, that we have more police vehicles per capita than New York City? And that the new budgetary line item of $244,000 in debt service would probably rebuild most of my block.

If the sidewalks were maintained in systematic way with a long-range plan — in much the same manner that the borough does for the roads — then I strongly believe the impact on the budget would be minimal. Not spending unnecessary funds on property seizures and then the debt service afterwards (and lord knows what else) would help.

And I too have begun to hear from my neighbors out there, and MY sense is that there is a great deal of discontent. The plan is to present those sentiments before you and the board at either this or next month’s meeting. All I can say is that you might want to brace yourself.

And finally, you have failed to answer my initial question: What is this “international standard” you referred to at the last council meeting?

The International Standard pertaining to sidewalks? Get ready…

302.3 Sidewalks and driveways.
All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions.

Informative, isn’t it?

I see nothing there to guide the borough in how to fund this maintenance. Frankly, I have no idea why Ms. Durkin would even invoke what is essentially municipal code boilerplate.

Council Meeting August 24: Please Attend

If you are unhappy about the borough of Jenkintown’s sidewalk maintenance policy, then I ask you to please attend this month’s borough council meeting on August 24.

If you believe, as I do, that the current policy is unsustainable, inefficient, unsightly, and open to political abuse, please come and express yourself to the council.

The board labors under the impression that the status quo suits you fine. Please stand with me and show them they are wrong, and that you would like find a better way — because there is a better way.

Please leave a comment below or email me at [email protected] to tell me what you think.

Easement or Appeasement?

At Monday’s Borough Council meeting, the board respectfully listened to me read my statement, and at the end of it, I received a great deal of sympathy, but as I expected, I received no relief. I’d be a fool to think otherwise.

property marker
Property marker I uncovered that lies just before the edge of the sidewalk.

Unfortunately, I also received some interesting misinformation. I don’t believe that anyone came out and lied to me, but I do believe that because no one has actually challenged this policy in living memory, that our volunteer governing board, our borough solicitor, and borough manager find comfort in their own inertia.

First of all, Councilor Bunker informed me that he believed a local realtor had established a fund to help people in my situation. This realtor, Andrew Smith, informed me that he knew that councilors were spreading this information, but that it was false. Mr. Smith established the fund to help spruce up distressed properties adjacent to those he hoped to sell in order to improve prospects for sale and increase its value.

property markings
The green lines were added for clarity. This image does not show my property, but it is nearby. The markings along the entire length of my street are consistent with what is depicted here.

Secondly, after much discussion and expressions of sympathy for my plight, borough solicitor Sean Kilkenny insisted that the sidewalks were indeed my property (an assertion agreed upon by several councilors), and that the sidewalks were easements. This belies the existence of the property marker I uncovered one inch before the edge of the sidewalk (top), and the map issued by Montgomery County (above).

So which is it? Not that this necessarily has any legal bearing over my responsibilities, but if our own officials have no clue how this works, how much can we trust them with other important matters that affect our town?

Finally, my councilor Laurie Durkin explained that everything the borough does is consistent with the “international code of …” As I wasn’t taking notes, I didn’t remember what she said, but on Wednesday I wrote her asking if she could clarify. I continue to await a response.

By the way, Ms. Durkin and Councilor Justin Mixon both apologized for not responding to my original letters. Despite the fact that they come to the borough office at least twice a month, no one saw fit to inform them that they had actual mail from one of their constituents nor did they seem to ask.