News Briefs for October 25, 2024

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Upper Pottsgrove Township’s administrative offices are currently located on Farmington Avenue. The township had begun to construct a new municipal campus on land acquired using open space funding, but a judge ruled it is not allowed to do so under state law.

 Photo: Montgomery County Planning Commission (CC BY-SA 2.0) 

General News

PA DCED is conducting a Housing Action Plan survey
In September, Gov. Josh Shapiro signed an executive order creating Pennsylvania’s first comprehensive Housing Action Plan. It gave the state’s Department of Community and Economic Development (DCED) and Department of Human Services one year to create a housing action plan by working with stakeholders to create a road map for building more affordable housing while addressing homelessness. DCED has developed an action plan timeline, starting with identifying needs through the Housing Action Plan Survey to share thoughts and feedback on addressing housing affordability and availability in Pennsylvania. Find the Action Plan Timeline and take the survey at the DCED website.
Source: DCED; 10/2024

Biden sets 10-year deadline for cities to replace lead pipes nationwide
The U.S. Environmental Protection Agency issued Lead and Copper Rule Improvements, which set a 10-year deadline for cities across the nation to replace their lead pipes, finalizing an aggressive approach aimed at ensuring that drinking water is safe for all Americans. Though the dangers of lead pipes have been known for decades, there are more than nine million lead service lines nationwide, including about 689,000 in Pennsylvania. The Bipartisan Infrastructure Law, championed by President Biden, included $15 billion to replace lead services and an additional $11.7 billion that can be used for both drinking water projects and lead pipe replacement. Read more here.
Source: Daily Local; 10/16/2024 & AP; 10/8/2024

Moody’s upgrades PA’s credit rating
Gov. Josh Shapiro announced that Moody’s Ratings has upgraded Pennsylvania’s credit rating from Aa3 to Aa2. Moody’s cited “sound fiscal management,” balanced budgets and “steady” economic growth. Pennsylvania now has its highest credit rating since 2013. “Under my administration, Pennsylvania has received two ratings upgrades in our first two years — a testament to our responsible fiscal stewardship that sets the commonwealth up for success in the future while making critical investments in our economy and our workforce today,” Shapiro said in a statement.
Source: Central Penn Business Journal; 10/8/2024

PA to receive $43 million for lead paint removal
Over $43 million in federal funding is being allocated to cities and counties throughout Pennsylvania to help remove paint from homes with children. The funding is provided by the U.S. Department of Housing and Urban Development’s Lead-Based Paint Hazard Reduction program, which locates and removes paint hazards from homes built before 1978. The 2024 allocations include $7 million for Philadelphia, $1.8 million for Montgomery County and $1 million for Delaware County. More than 70% of Pennsylvania homes were built before the 1978 national ban on lead paint. In 2021, nearly 5,000 children in the state tested positive for high levels of lead in their blood. Lead paint is the leading source of exposure in the state, according to the Pennsylvania Department of Health.
Source: WHYY; 10/10/2024

Extreme weather can have financial impacts on homeownership
Extreme weather strains infrastructure, crops and power grids. “The climate is changing, and science tells us it’s going to continue to do so,” says Janet Ruiz, director of strategic communications for the Insurance Information Institute. Yet many Americans say they haven’t done anything to prepare their homes or their finances against the increasingly likely damage of natural disasters and extreme weather events, according to Bankrate’s 2024 extreme weather survey. For homeowners, it’s important to be aware of not just the physical toll, but the financial implications of extreme weather on a residence — and the steps that can be taken to prepare and minimize out-of-pocket costs.
Source: Daily Times; 10/18/2024 

Bucks County

Joint Newtown authority buys land for proposed wastewater treatment plant
The Newtown Bucks County Joint Municipal Authority is moving forward with plans to build a new wastewater treatment plant on 17.5 acres it recently purchased off Lower Silver Lake Road and University Drive near the Newtown Bypass in Newtown Township. The authority serves 9,000 customers and relies on the Bucks County Water and Sewer Authority for wastewater treatment. The joint authority plans to construct its own treatment plant due to increasing rates and the desire for local control. The proposed site has sparked concerns among residents about potential environmental impacts on Core Creek, into which the site drains, and other impacts to nearby residents in Newtown and Middletown townships. The property is a few hundred feet from the border with Middletown Township.
Source: LevittownNow; 10/18/2024

Lower Makefield ballot question seeks open space funding approval
Lower Makefield Township voters will see a ballot question at the polls on Nov. 5. The ballot question seeks voter approval to spend $15 million for “the preservation of environmental areas and open space for passive recreational purposes and benefits within the township,” according to a resolution approved by township supervisors. Township officials said if the full $15 million is paid back over 25 years at current interest rates, the referendum would cost residents $82 a year for the average home assessment of $43,600. The “Yes” or “No” question addresses whether funding can be used “to purchase, place easement on, and buy the development rights for undeveloped land.” Read more in The Reporter. Lower Makefield has posted an FAQ page on the open space referendum. The actual wording of the referendum question can be found on a sample ballot.
Source: The Reporter; 10/21/2024

Bristol Borough approves improvements to Maple Beach Trail area
Bristol Borough Council has approved a roughly $286,800 bid from J and B Construction for the Maple Beach Trail and parking improvements project. The borough received a $250,000 grant that will cover most of the project’s costs. The plan is to extend the trail from the new Maple Beach bridge to the waterfront parking lot and add 10 parking spaces on Maple Beach Road. The trail extension looks to improve connectivity in the borough and link up with the Delaware and Lehigh National Heritage Corridor and canal trail and East Coast Greenway.
Source: LevittownNow; 10/17/2024

Courier Times wins PA’s most prestigious journalism award
The Bucks County Courier Times took home eight awards at the Pennsylvania NewsMedia Association’s (PNA) annual Keystone awards. The winning entries in the Division III newspapers category were picked from among more than 2,660 entries from 132 Pennsylvania news organizations. The entries were judged by journalist members of the Wisconsin Newspaper Association. Courier Times reporter Jo Ciavaglia was named the winner of PNA's most prestigious honor, the G. Richard Dew Award for Journalistic Service for her ongoing project focusing on the unclaimed dead in Bucks and Montgomery County coroner offices. The Courier Times staff also took first-place honors in the breaking news category for its reporting on the flash flooding that took the lives of seven people in Upper Makefield in July 2023.
Source: Bucks County Courier Times; 10/20/2024  

Chester County

East Whiteland voters will see open space tax referendum on ballot
East Whiteland Township is considering a blended tax increase — adding 0.05% on residents' earned income tax and 0.45 mills on the property tax. The funds would be used for open space preservation, acquiring properties, ensuring wildlife habitat protection and maintaining recreational lands. Residents will be asked on Nov. 5 to vote on a ballot measure to impose the taxes. A household earning $100,000 would pay $50 more per year on the earned income tax, and a property with an assessed value of $200,000 would see a $90 increase per year in the property tax. Read a township fact sheet on the referendum here. The actual wording of the referendum question can be found on a sample ballot by scrolling down to East Whiteland Township ballots.
Source: East Whiteland Township; 10/16/2024

Downingtown considers amendment to rental ordinance
Downingtown Borough Council will consider for adoption an amendment to the violations and penalties section of the property maintenance and housing standards for rental housing. The draft ordinance states: “Any person who fails to comply with the provisions of this chapter or who fails to carry out an order made pursuant to this chapter or who violates any condition attached to a permit, approval or certificate, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus court costs. Each day that a violation of this chapter continues shall constitute a separate offense.” The amendment will be considered at a council meeting on Wednesday, Nov. 6, at 7 p.m. at Borough Hall, 4 W. Lancaster Ave.
Source: Daily Local; 10/11/2024

Aqua removing lead pipes from some Chester County homes
Representatives from the U.S. Environmental Protection Agency and Aqua Pennsylvania joined other federal, state and local officials in West Chester on Oct. 15 as lead drinking water pipes were removed on Magnolia Street and replaced with copper lines. Speakers at the event discussed the importance of removing lead and galvanized service water lines. Lead pipes were banned 40 years ago. Marc Lucca, president of Aqua Pennsylvania, said that work in West Chester is the beginning of a multi-year project. Over $4 million is being invested by Aqua throughout parts of Chester County. The loan, administered by PENNVEST, is from the Drinking Water State Revolving fund, which has received substantial funding under the Bipartisan Infrastructure Law.
Source: Daily Local; 10/16/2024

Elk Township to reduce open space tax rate
Elk Township will consider an ordinance to reduce its open space tax from the current rate of 0.5% on earned income down to 0.01%. The estimated revenue to be derived from the open space tax during 2025 is $47,500. The proposed ordinance would be effective Jan. 1, 2025. All other provisions of the existing Earned Income Tax Ordinance No. 2007-07 would remain in place. A public hearing will be held on Monday, Nov. 4, at 7 p.m. at the Elk Township Building, 952 Chesterville Road, Lincoln University.
Source: Daily Local; 10/18/2024

Delaware County

Radnor considers eminent domain to take church parking lot
Radnor Township is considering invoking eminent domain to take ownership of a church parking lot in Wayne that will soon see an end to a 70-year agreement. The lot is owned by and sits behind Wayne Presbyterian Church at 125 E. Wayne Ave. Since 1955, the township and church have had a lease agreement allowing Radnor to use the site as a municipal parking lot, with the township handling insurance and maintenance, and parking revenue split between the church and township. The church and township had been negotiating a new lease over the past 15 months. In August, the township was notified that the church was exercising the 90-day termination notice to end the lease. Township commissioners scheduled a hearing on Monday, Oct. 28, to consider an ordinance to use eminent domain to acquire the property. Doug Bruhns, chairman of the church committee handling the parking lot issue, said the church wanted to continue negotiations to update the lease.
Source: Daily Times; 10/21/2024

Chester Water Authority, city receiver both push to make legal cases
Chester City receiver Michael T. Doweary and the Chester Water Authority (CWA) are both pushing for their day in court. The CWA has been embroiled in a court battle since Essential Utilities (formerly Aqua), made an offer to buy it for $320 million in 2017, with the dispute being largely over who actually owns the authority assets. The Pennsylvania Supreme Court agreed to hear the case, but the proceedings were paused after Chester’s receiver filed for Chapter 9 bankruptcy for the city in November 2022.
Source: Daily Times; 10/13/2024

Marcus Hook renames community center
Marcus Hook Borough renamed and rededicated the community center at 7 W. Delaware Ave., calling it the Curt Weldon Community Center. The borough traced the history of the building, which was constructed in 1956, and former U.S. Rep. Curt Weldon’s efforts in getting it transferred to the borough. Weldon represented Pennsylvania’s 7th District for 20 years until 2006, and before that he was mayor of Marcus Hook and served on Delaware County Council.
Source: Daily Times; 10/15/2024

Hedgerow Theater in court as it seeks to evict resident actor
An actor who has lived and worked in Hedgerow Theater in Rose Valley Borough since 1978 is taking the theater company to court in hopes of avoiding eviction. The actor and the theater company are in a landlord/tenant dispute over $825 the theater’s board is seeking in overdue rent. The resident actor had joined the company decades ago with a stipend of $30 a week plus room and board. The stipend was later increased to $150 a week with the assurance that if she stayed and worked for the theater, she could live with them for the rest of her life, she said. There was no physical contract for 20 or 30 years. The theater board voted to end its long-term employee housing practice in August 2021. The board sought to charge the commercial value of the room and gave a period of time for the two resident actors to move out. The board claims that in order for the theater to survive and grow, it needs to be able to recruit and house artists throughout the year to work on different performances. The actor also filed an age discrimination complaint with the Pennsylvania Human Relations Council.
Source: Daily Times; 10/8/2024

Delaware County residents reminded about weatherization program
The Weatherization Assistance Program in Delaware County is administered by the Community Action Agency of Delaware County (CAADC). The program draws on state funding to provide education and home conservation modifications at no cost to residents. “This program can make a real tangible difference immediately to those already on a strained budget and continue to help them in the future,” CAADC CEO Edward T. Coleman said. “This is an excellent time to call and get fast service before winter arrives and the program gets very busy.” Residents can view income criteria and learn more at the CAADC website.
Source: Daily Times; 10/19/2024 

Montgomery County

Judge rules Upper Pottsgrove cannot build on open space
Court of Common Pleas Judge Jeffrey Saltz ruled that Upper Pottsgrove Township’s plan to build a municipal complex on the Smola Farm would violate the state’s Open Space Act. The township had broken ground on the project earlier this year. In his ruling, Saltz imposed an injunction on the township to prevent the project from moving forward. Saltz rejected the township’s argument that open space funds were not used to buy the 36-acre Smola Farm because the bond used to raise the money was refinanced with general funds. According to the township’s reasoning, the Open Space law did not apply. Saltz went on to say the evidence does not show the commissioners acted in bad faith, but rather on advice that the construction of the municipal complex would be legally permissible. Saltz supported the wishes of Upper Pottsgrove voters who voted to enact an earned income tax to support the acquisition and protection of open space at the polls in 2006. “If a municipality could acquire land by using this open space revenue, but then decide to develop the land for another purpose, it would betray the decision of the public to be subject to an additional tax for a single limited purpose,” he said.
Source: Pottstown Mercury; 10/19/2024 

Lansdale may look for outside help with property vacancies
Lansdale Borough officials voted to recommend council seek outside help to draft a long-discussed code update meant to address vacant properties. During the code committee meeting on Oct. 2, director of community development Jason Van Dame said some municipalities use an outside company to help develop the details of a vacant property ordinance. Then, after the ordinance is enacted, the same company assists borough staff in contacting property owners and documenting how long properties have been vacant for a possible fee or fine. The fees or fines would be set by council, and the proceeds split with the company. Code committee chairwoman Rafia Razzak said, “We’re not going to try to penalize people. We are going to try to set a standard, and try to help.” Borough council and several of its committees have discussed vacancies on Main Street for several years following the closures of a variety of downtown businesses. Visit the Lansdale Borough website for specific meeting information.
Source: The Reporter; 10/18/2024

County approves contract for first-time homebuyer assistance
Montgomery County commissioners approved a consulting contract with Witt O’Brien’s LLC to support the county’s First Time Home Buyers (FTHB) program. Services stipulated the consultant’s scope of responsibilities, which included examining the current residential market and obstacles for first-time homeowners, analyzing the current program, identifying what government and nonprofit agencies are doing, and recommending “best practices that meet the needs of Montgomery County to integrate effectively into the county’s existing FTHB framework and produce a new FTHB policy and procedure manual.” The one-year, $104,170 contract will be covered by federal COVID-19 relief dollars and has the option to renew for another year if funding is available.
Source: The Reporter; 10/21/2024

Schwenksville budget talks include fire tax increase, first in over 20 years
Schwenksville Borough Council is preparing a proposed $2.43 million balanced budget for 2025 that includes an increase in the fire tax millage from 0.36 mills to 0.5 mills. The fire tax millage increase would generate an additional $7,000 in funding for the Lower Frederick Fire Company. Borough council has recently discussed the fact that the Schwenksville fire tax has remained at 0.36 mills for more than 20 years. Council President Chris Melville said the fire company’s annual budget is around $275,000, with about $113,000 coming from real estate tax revenue and the remainder from fundraisers and donations. In other news, Schwenksville is accepting applications through Oct. 25 for the borough manager position.
Source: PerkValleyNow; 10/21/2024 

Philadelphia

City council on track to bar landlords from ‘price-fixing’ rents
Philadelphia City Council advanced legislation that’s designed to hold corporate landlords accountable for “price-fixing” rental rates. Under the antitrust measure, violators could be sued and face stiff fines for coordinating monthly rent, an illegal practice housing advocates say hurts low-income renters by undermining competition and fairness in the marketplace amid an affordable housing crisis. The bill does not expressly target revenue management software like RealPage. But the measure is meant to bar landlords from using those programs, and their proprietary algorithms, to artificially inflate the cost of housing. If passed, the city could file suit on behalf of tenants, and renters could also sue landlords directly. Landlords could be forced to pay $2,000 per violation. Read more at PlanPhilly.
Source: PlanPhilly; 10/16/2024

More landlords seek low-income vouchers as rent competition spikes
The pandemic-era building boom has created fierce competition among market-rate apartment building owners, sending vacancy rates spiking and slowing rent growth. As a result, developers and landlords who previously had little experience with the voucher program have been increasingly interested in guaranteed rental income from the federal government. At the same time, the Philadelphia Housing Authority has been ramping up a campaign to get more voucher holders into higher income areas of the city. It helps that, since 2018, they have been able to base the dollar-value of vouchers by zip code, allowing them to meet market-rate rents in pricier areas. Then in 2021 PHA began more aggressively courting developers and property owners who had never used the program. Since 2021, 2,000 new landlords have begun working with the program. Over 4,000 additional units across the city are now home to voucher households as a result. An ongoing collaboration with the Building Industry Association, a trade group that represents residential developers, brought in roughly a fifth of those units, with more coming. Read more in the Inquirer.
Source: Philadelphia Inquirer; 10/16/2024

Philadelphia releases lead pipe inventory, but much of the city ‘unknown’
The Philadelphia Water Department released a public inventory of lead pipes throughout the city, a disclosure required of all U.S. municipalities by the U.S. Environmental Protection Agency. Philadelphia residents can search their address in the city’s new interactive map to determine whether they’re connected to one of the many lead service lines that have been found throughout the city. The map shows clusters of lead service lines in neighborhoods such as Kensington and Point Breeze. However, the material of service lines connected to a majority of properties on the map is unknown. “The lack of knowledge is certainly somewhat disturbing, given the obligations the city is going to have to rectify and replace all of these lead service lines in the coming decade,” said Robert Ballenger, an energy and utilities attorney at Community Legal Services. “Going back to 1916, the Inquirer reported that the city was requiring everyone to use lead to connect to the city’s water mains. Fast forward a century, and we’ve lost track of where those lead lines are.” Philadelphia residents also can get their water tested for lead free of charge by calling 215-685-6300.
Source: WHYY; 10/16/2024   


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