STRATEGIC FRAME WORK FOR COMMERCIAL REVITALIZATION


Part II of an Exploratory Study to Establish a Special Improvement
District on Springfield and South Orange Avenues, Newark, NJ

Report to the Corinthian Housing Development Corporation and New Community Corporation

May 11, 1998

Phase III: Forming a Special Improvement District (SID)


"What makes these places work is that they're managed environments," explains Richard Bradley, president of DC's Downtown BID (Feldmann, 1997b). Special Improvement Districts provide more centralized, more professional marketing and promotion in an effort coordinate the efforts of the business community to to compete against other retail interests such as shopping malls. From establishing the district to choosing and funding neighborhood services and improvements, the goal is to increase businesses' "bottom line." Districts also allow merchants to lobby for city services as a group rather than as individuals, thereby facilitating improvements in commercial corridors.

History of Special Improvement Districts in New Jersey

Special Improvement Districts (SIDs) became part of the New Jersey landscape in 1984 with the passing of state legislation. Since then the number of SIDs has grown to approximately thirty-six. The first six SIDs - Cranford, Trenton, Elizabeth, Englewood, Somerville and New Brunswick - were established within a three year period from 1985 - 1988, and continue to operate. Today, Special Improvement Districts are visible not only in urban communities such as Jersey City and Elizabeth but also in less populated communities such as Bound Brook (Houstoun, 1997).

What Is a Special Improvement District?

A SID is an organization, management, and financing tool used by local businesses to provide specialized services that complement rather than replace existing municipal government services as part of a revitalization downtown plan. A SID is first created under state law and then enacted by a municipal ordinance. The law permits property owners and businesses to organize and assess themselves in order to pay for the services that are needed. The District Plan and a non-profit District Management Association (DMA), or a municipal commission, are responsible for governing the operations of the SID. The DMA is responsible for all decisions relating to0 assessments, budgets, and management of specialized services (Houstoun, 1997).

The Approval Process

The enabling legislation and approval process associated with establishing a SID differ from state to state. Approval requires various legal and financial classifications. It is important for potential districts to consult carefully with the state agency that administers the process as well as individuals or firms experienced in establishing SIDs when undertaking the process. The New Jersey Department of Community Affairs maintains a Business Improvement District Progam that provides assistance and resources to communities considering SIDs.

Establishing Non-Profit (501c3) Status

New Jersey's SID enabling legislation does not require potential districts to apply for and establish non-profit (501c3) status. However, non-profit status does allow a district to apply for and receive support from private foundations. This complex and tedious process will require both legal and administrative expertise. A sponsoring organization or local non-profit may be able to offer such assistance or resources. For example, St. Nicholas provided the legal and administrative expertise in the Grand Street BID's application for 501c3 status.

Funding

In New Jersey, the average Special Improvement District budget is approximately $300,000 (DCA, 1997). District operations and activities are funded in primarily two ways, property assessments and outside funding sources.

Assessments:

The assessments or taxes levied on each property within a Special Improvement District form the heart of the SID's budget. Assessments are paid by property owners (although the burden may legally be shifted to the property's tenants) and collected by the city. The city then returns those funds to the district. In New Jersey, the average annual assessment collected per district is approximately $175,000. Iselin has the lowest assessment total at $34,000, and Atlantic City has the highest total at $2,750,000 (DCA, 1997).

The individual SID determines the assessment formula it will use. However, property and business owners should be included in its development in order to formulate a fair and agreeable method. Assessments may be calculated as a function of:

Assessments have proven to be the downfall of many SID plans. Property and business owners may oppose what seems to be an additional tax. Said Meryl Layton, an owner in Cranford's SID, "In the beginning property owners really hated it. They were afraid that the tax and the passing on of the tax would make it difficult to rent their properties" (James, 1997). Merchants, on the other hand, fear increased rents. The mayor and city council voted against plans for a SID in Fort Lee, New Jersey. They feared levying any additional taxes on local property owners. However, as reporter John Holusha notes, "Although the BID assessments represent additional taxation for services…they have an advantage over other levies; they are guaranteed to be spent locally, rather than commingled with citywide taxes" (Holusha, 1997).

Additional funding sources:

Funding from outside sources can be an invaluable source of additional revenue and provide funding above and beyond assessment income for expanding SID services and activities. The organizations and programs discussed in later sections of this volume are rich sources of both funding and resources. However, Grand Street's District Manager Leonard Battle notes the difficulties in applying for outside grants and programs, especially as a one-man office. Applications are often complicated, time-consuming, and success is never guaranteed. The process of matching a SID's needs with a funder's goals may be quite rigorous. Grant-writing is no easy task, and it will be necessary to solicit the assistance of individuals with both expertise and experience in the process. Sponsoring organizations and local government officials may have staff with such expertise who may be able to provide aid, resources, or referrals.

Management/Administration

New Jersey law requires SIDs to create a district management association to operate the program. Management may consist of a single manager, any number of part-time and full-time professionals, or a volunteer management association. Most SIDs operate with staffs of only two to four employees. For example, the Grand Street BID operates with the District Manager as its sole staff person. The position was initially part-time but was converted to full-time within a year of the SID's establishment. On the other hand, local business and property owners with the assistance of a secretary handle management of the Central Avenue SID in Jersey City.

The SID manager or management association is responsible for the district's day-to-day operations and administration, but its responsibilities stretch beyond these routine functions.

However, David Schure and Leonard Battle, managers of the Trenton and Grand Street BIDs respectively, also stress the importance of cultivating relationships with the district's property and business owners. Managers must be visible within the neighborhood as well as available to merchants and owners.

Additional Staffing

A district's activities may require assistance beyond what a single manager can provide, be it administrative or specialized assistance. However, additional staffing becomes a question of need as well as budget. The district must evaluate how much assistance it needs and how much it can budget for that assistance. Management must then consider staffing alternatives and their associated costs. Will the need require a full- or part-time staff member? Will it require a consultant? Can the need be outsourced or provided by a temp agency? Can staff be shared or borrowed from an allied or sponsoring organization? The district must then match that need and budget constraint with a cost-efficient staffing alternative.

In terms of staffing alternatives, the Grand Street BID maintains a unique partnership with St. Nicholas. Following the BID's successful 501c3 application, St. Nicholas suggested an administrative agreement in which they provide Grand Street's office space, secretarial service, and professional expertise at a nominal cost. It is a partnership which both Grand Street and St. Nicholas enjoy.

Board of Directors

A SID's Board of Directors serves in an advisory capacity to the district, establishing priorities and providing expertise and experience in decision-making. Board members also provide important links to funding, political actors, and other neighborhood resources. To that end, board members must represent the full array of neighborhood and district actors and voices:

For example, the Board of Peekskill's BID includes merchants, landlords, and business owners as well as the mayor, city manager, and comptroller (Ellis, 1996).

Representation of a neighborhood's full ethnic composition is also important to achieving the full voice of the community in a Board of Directors. Board composition should mirror neighborhood composition in an effort to capture the full range of human perspectives and experiences. For example, membership of the Board of Houston's Downtown Management Corporation is intended to represent the diversity of that community. It includes 30 percent ethnic minorities and an equal percentage of women. The Board is also equally representative of the area's cross-section of businesses ("Downtown Dynamics," 1990).

Services & Improvements

The goal of services and improvements is to make a district more attractive to potential customers, and, thus, to encourage spending. The services provided by SIDs are intended to supplement rather than replace city-provided services. SIDs can make themselves more attractive in a variety of ways: by making the area cleaner or safer, by beautifying the streetscape, by promoting the district and its activities, or by planning special events. Said Carl Weisbrod, a public service veteran and the first president of Lower Manhattan's BID:

What makes a business improvement district so attractive is that the community itself, the business community and the taxpayers in a smaller geographic area, get to determine their own priorities for providing supplemental services to improve the quality of life. (Redburn, 1994)



A district chooses which services it can and will provide. Consequently, the mix varies from SID to SID. The following are some of the most popular services and improvements:

The cost of certain services may be prohibitive for districts with smaller budgets. Districts must carefully consider cost as well as priority level when creating a budget. For example, would the district rather provide some marketing, security, and sanitation, or would it rather focus on a single service? The Trenton SID decides its annual allocations at an open forum Board retreat. Once a year, business and property owners, government officials, non-profit groups, and funding sources are able to sit down together for an extended period of time without interruptions. The group evaluates those district programs that are working well and should be enhanced and those that have been less successful and should be rethought. The retreat produces a master plan that is carried out by the district's manager over the next year.

SIDs must also consider the broader implications of many services for the neighborhoods in which they are located. Cleaner, safer, more attractive commercial districts improve the area as a whole. Residents benefit from improved communities as well as potentially increasing property values. Commercial revitalization has the potential to initiate neighborhood revitalization.

Will a SID work in West Side Park?

While a Special Improvement District is an option for West Side Park's future, we believe that a SID is not a viable option for the neighborhood at this time. First, the community remains at Phase I of the organizational process discussed earlier in this section. Community stakeholders have in fact voiced their concerns, and both New Community and Corinthian have taken the first steps in identifying themselves as organizations that will take the lead in revitalization. However, the identification of community leaders and the motivation and initial organization of the business community has not yet occurred. These remaining Phase I steps will have to be completed and the steps of Phase II begun and completed before any revitalization strategy can be chosen, planned, and implemented.

In addition, SID experts maintain that a neighborhood considering SID designation must have both a critical density and property and business owners who can afford and pay the required assessments. According to Don Smartt, principal consultant with the Community Advocates, this critical density is 125 to 135 contiguous and occupied properties. While the study area contains over 300 properties, the over 80 vacant buildings and lots prevent West Side Park from achieving this density. These vacancy levels must be addressed before a SID is considered. Mr. Smartt also recommends a minimum budget of $100,000. Non-profit, city-owned, and residential properties are exempt from assessments. Consequently, the remaining 129 commercial property owners would be required to pay an average annual assessment of almost $800 to reach the minimum budget. This assessment level is currently prohibitive for the majority of business and property owners. Many SIDs including the Downtown Trenton district have negotiated with their cities (given their exempt nature) to provide a lump sum for the SID budget, and outside sources such as UEZ funds provide additional funding options. However, such negotiations and alternatives take the time and planning effort of an established organization. Given these existing limitations, we feel the SID is an option best considered for West Side Park's future and not its present.

To that end, the following sections will discuss local, state, and federal resources as well as additional revitalization strategies that may be used as alternatives to or in conjunction with a future Special Improvement District in West Side Park.

For further discussion of our recommendations, please see Part III of this study.


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