The Philadelphia Historic District Debacle

 

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1. Click here: The Philadelphia Preservation Ordinance: This is the enabling legislation, now Section 14-2007 of The Philadelphia Code, for individual historic buildings and collective historic districts. Serious questions can be asked as to a) whether City Council erred in passing this ordinance when it gave district designation authority to the Historical Commission rather than kept it as a Council prerogative, b) concepts such as "period of significance" and "contributing buildings" were ever meant to be interpreted as loosely as does the Historical Commission in making its decisions.

2. Is historic designation constitutional?
   • Click here: The 5th and 14th Amendments to the Constitution of the United States require that the government provide just compensation for the taking of private property in the public good. Opponents to historic designation argue that the process as practiced in Philadelphia constitutes prcisely such a taking, and is therefore unconstitutional as implemented. Preservationists point to a decision of the US Supreme Court in 1978, in a case involving Grand Central Station in New York, as proof that the takings issue has been resolved in their favor in all instances. A close reading of the Court's decision shows ample room for interpretation in specific cases. Read the decision – including the majority and the dissenting opinion – and form your own conclusions.
   • Click here: The Supreme Court of Pennsylvania reversed a lower court decision and ruled that the historic designation of the Boyd Theater by the Philadelphia Historical Commission was not a taking that required just compensation under the Pennsylvania Constitution. You can view a copy of the Court's ruling to help you decide whether it applies to historic designation as currently being applied to "districts" in the city.

3. Click here: Do historic preservation practices in Philadelphia need reform? Listen to a discussion of motivations and means to reform the manner in which the Philadelphia Historical Commission interprets and implements the Preservation ordinance. This is an archive of the Radio Times program, presented on WHYY-FM (National Public Radio in Philadelphia), featuring Alan Krigman and John Gallery. Mr Krigman is an advocate of reform. Mr Gallery, who is president of the Preservation Alliance of Philadelphia, does not believe that changes are needed or desirable. This audio presentation is one hour in duration.

4. Click here: What's so historic about that building? Have you wondered what's so historic about the houses in one or another neighborhood that warrants even a wink by the Philadelphia Historical Commission? Here are the criteria the City uses to evaluate whether a building or neighborhood is worthy of preservation.

5. Click here: Implications of district designation on property owners: Presentation by Alan Krigman at an open community debate in March 2002 to inform Spruce Hill and other University City residents of the plans to have the neighborhood designated as "historic" and to explain the negative consequences of such an eventuality.

6. Click here: A compromise proposal for Spruce Hill: Block-by-Block Voluntary Historic Preservation: a proposal for the perplexed. Is there a way that Spruce Hill residents interested in protecting and enhancing intact architectural integrity can achieve many of the benefits they seek, while not denying the rights and priorities of responsible neighbors opposed to both the process and bureaucracy associated with the city's Preservation Ordinance? The framework of a possible approach is suggested, and discussion is invited.

   Note, this proposal was written well before the Neighborhood Conservation District bill was passed by Philadelphia City Council (see below) and became law. Yet the key elements of the compromise are salient features of the new regulation.

7. Click here: Misleading assertions by proponents of historic designation: "Letter to the Editor" of The University City Review in January 2002, indicating the implications of historic designation for residents by refuting misleading extremist statements published earlier in this newspaper by representatives of the University City Historical Society about the ramifications of the proposed regulation on the community.

   Click here: "Letter to the Editor" of the University City Review in March 2003, responding to false and misleading statements made by proponents of designation, in an earlier issue of the paper in an article about activities of the University City Historical Society. The accusation was made that those who oppose designation are trying to subvert an ostensibly democratic process by trying to "politicize" it. Opponents of designation were also accused of deliberately "misrepresenting" the issue.

8. Click here: Why should renters care? "Historic Designation: Boon or Burden?" Article published in the HAPCO Newsletter. HAPCO is an organization whose members are drawn from small housing providers across the City of Philadelphia. Of particular interest to those who live in University City because of the high proportion of rental residents to owner-occupants (approximately 86-to-14, as indicated in the "statistics" link that follows).

9. Click here: Spruce Hill statistics: Data extracted from the 2000 census showing Spruce Hill to be a neighborhood having an overwhelming preponderance of renters over owner-occupants – a distribution unlikely to change noticeably because of the housing stock as well as the influence of the student population of the major universities in the area.

10. Click here: Property rights: A Libertarian perspective on the infringement of property rights inherent in the historic designation of neighborhoods in Philadelphia.

11. Click here: Substantively modified buildings in Spruce Hill: Discussion of buildings gratuitously classified as contributing to the architectural character of the neighborhood in the Spruce Hill "nomination" – having been built during the "streetcar suburb" period of development but altered in essentially irreversible ways since that time.

12. Click here: Frivolous permit denials by the PHC: Case studies of permit applications denied by the Philadelphia Historical Commission. These are:
    • principally for work on buildings in previously-designated historic districts,
    • for repaving an obscure street the Commission has designated as part of a "historic street paving thematic district" but which is in a poor state of repair and is not being maintained by the city;
    • for a permit to demolish a church at 63rd & Vine in West Philadelphia. This was individually designated as a historic building in the 1970s, but for which the city issued an order to repair or demolish because of hazards arising from fire and other damage. The congregation can't afford to repair the building and has been offered a substantial sum for it – as is – provided a demolition permit can be obtained. The Commission lost battles in two courts to prevent demolition, and the city has finally decided not to appeal further.

13. Click here: Existing historic districts in Philadelphia: List of Philadelphia historic districts designated, nominated, and in process, with dates and sizes.

14. Click here: There Goes the Neighborhood: A poem by the immortal Sumner A Ingmark.

15. Click here: The "Blackwell" Bills to reform the preservation process: This link will take you to a "Letter to the Editor" of The Public Record giving reasons why Philadelphia residents and elected officials should support Bill 020462, introduced by Councilwoman Jannie Blackwell in April 2002. The bill would have vested authority to designate sections of the city as "historic districts" in City Council rather than, as at present, in the Philadelphia Historical Commission. Designation would then be a matter of "ordinance" rather than administrative decision. This amendment would democratize the process, subject any proposed district designation to existing Philadelphia law requiring that its economic impact on residents be evaluated, and put pressure on the Historical Commission to be more rigorous in setting and evaluating criteria as to "period of significance" of proposed districts and whether properties within any such districts could justifiably be classified as historically "significant" or "contributing" to the historical character of the area.

    Click here: download Bill 040003 in Microsoft WORD format. Bill 020462 was held up in Committee and never reached Council for debate. An updated version was introduced in January 2004, as Bill 040003, for consideration in the 2004 session.

    Click here: Daily News editorial and response. The Philadelphia Daily News carried an editorial opposing Bill 040003. This commentary showed a total lack of understanding of the basic issues being argued by those calling for reform of the processes implemented by the Philadelphia Historical Commission. Read the text of the editorial and a "Letter to the Editor" supporting the intent of Bill 040003 and the reforms it is hoped to bring about.

    Click here: Learn about and volunteer to serve on Bill 040003 Task Forces Councilwoman Blackwell will form four task forces comprising representatives from the entire city to highlight the perceived strengths and weaknesses of the existing historic preservation structure. The task forces were originally planned to meet in March 2004, but have been postponed owing to pressure on City Council to complete the budgeting process for Fiscal year 2005. The sessions will be structured so that issues of concern to various stakeholders in the issue will be represented. The recommendations developed by the task forces will be used as the basis for possible modifications to the Bill.

    Click here to read how the City Council of New York provides oversight for decisions by its Landmarks Preservation Commission by exercising an option to vote to modify or reject a designation recommendation.

    Click here: Urge City Council and the Mayor to support Bill 040003. This link will take you to a convenient form. After you express your opinion by filling this out, it will be automatically converted to a standard e-mail message and sent directly to each City Council member and Mayor Street.

16. Click here: The proponents' real agenda.
    • Letter to the Editor of the Weekly Press and University City Review by Neil Lifson – a historic designation advocate – charging that the reforms advocated by Councilwoman Jannie Blackwell to the historic designation process are motivated by "campaign contributions" by irresponsible "absentee landlords" in the 3rd District, many of whom allegedly rent unlicensed buildings to large groups of residents in violation the city's housing code.
    • A response by Alan Krigman challenging Mr Lifson to substantiate the assertions in his letter (which Mr Lifson has never done).
    • Remarks made on a local Internet email listserv by Jim Lilly, an officer of the Spruce Hill Community Association and a strong advocate of historic designation of Spruce Hill, admitting that his real goal is to give the small proportion of owner-occupants in the neighborhood the enforcement powers of the city to control the majority rental population.
    (Click here for the statement by Councilwoman Blackwell giving her position, to which Mr Lifson originally responded.)

17. Bill 040156: In June 2004, City Council enacted Bill 040156, introduced by Councilman Frank DiCicco. This bill provides a means by which Council, acting through its traditional processes, can create "Neighborhood Conservation Districts." These would be areas in which design guidelines would be established and certificates of compliance required to modify exteriors, demolish, or construct buildings within the boundaries. This new section of The Philadelphia Code offers an alternative to historic designation for preserving certain physical characteristics of a neighborhood. However, unlike historic designation, Neighborhood Conservation Districts would be defined and established by an elected rather than an appointed body; presumably, regulations relevant to such districts would be developed in accord with residents' suggestions and general approval, based on negotiations within the affected area, rather than in the abstract and often frivolous environment of "historic accuracy."
    • Click here: Bill 040156.
    • Click here: Testimony supporting the Neighborhood Conservation Act presented by Alan Krigman to City Council's Rules Committee.
    • Click here: Testimony supporting the Neighborhood Conservation Act presented by John Gallery of the Preservation Alliance of Greater Philadelphia to City Council's Rules Committee.

18. Click here: A proposal to reform architectural preservation practices in Philadelphia by making designation as a neighborhood conservation district a prerequisite to historic district nomination: Designation of an area as a neighborhood conservation district will put means into place that preserve the visual aesthetics of neighborhoods having noteworthy "period" architecture, in a manner that is more open to involvement of affected parties and less burdensome in terms of costs and bureaucratic red tape. This proposal suggests that a neighborhood first gain experience as a conservation district. Then, if compelling historical criteria are met, it can be considered for further designation as a historic district.

19. Click here: I never promised you a rose garden: The saga of a property owner who planted roses in front of her home in a "historic district" and had to fight city hall to keep at least some of them, after a neighbor "reported" her to the authorities (two reports from the Philadelphia Inquirer May 9 and 10, 2003).

20. The PHC and "balance": It would be great if the Commission practiced what its chairman preaches.
    • Click here: The Philadelphia Inquirer called for the resignation of Michael Sklaroff as Chairman of the Philadelphia Historical Commission, owing to what the paper perceives as on-going conflicts of interests – Mr Sklaroff being an attorney whose firm's clients often come before the Commission. In his own defense, Mr Sklaroff wrote that historic preservation is a matter of achieving a balance. Read what the Inquirer said and how Mr Sklaroff responded.
    • Click here: The press release issued by the law firm at which Mr Sklaroff is a partner, upon his election as chair of the Commission. Note that he calls for preserving "not only for the treasures of the built environment, but also [the] principles of constitutional liberty on which the nation was founded."
    • Click here: On October 25 2005, PHC Chairman Sklaroff offered an op-ed piece in The Daily News, responding to criticisms of the City Planning Commission with respect to the development which has revitalized Center City Philadelphia — and, he says, is continuing to do so. He decried the pleading of critics who would have municipal authorities micromanage the planning process. Yet, members of the Historical Commission staff — and some members of the Commission — attempt to do precisely the same thing with renovation and refurbishment projects. Rather than offer support and guidelines, they try to micromanage the projects down to the last detail of such elements as baluster profile, mortar composition, and mail slot placement.
    • Click here: On November 2 2005, also in the Philadelphia Daily News, PHC member Harris Steinberg took issue with Mr Sklaroff's comments (above) about city planning. In this commentary, Mr Steinberg, who is — arguably — the most punctilious micromanagement-oriented member of the Commission, shows himself to be a prime example of the self-anointed described by Thomas Sowell. Individuals who believe that by virtue of their superior education, intellect, and intentions enjoy a special state of grace that gives them insights into right and wrong that the benighted of the world don't share. Mr Steinberg clearly does not believe in the free market forces that underlie the American way of life, and would substitute the very type of central planning that brought the Soviet Union to its knees.

21. Click here: The moratorium that wasn't: A dictionary definition of the word "moratorium," with a discussion of an announcement made by Michael Sklaroff, chairman of the Philadelphia Historical Commission, that there would no consideration of district nominations after "Old City" until the staff could be expanded; included are an inquiry as to whether this policy was still in effect, a denial from Mr Sklaroff that it ever was, an article from the Philadelphia Inquirer of April 27 2003 documenting the original announcement, and data from the FY 2004 Philadelphia Budget showing no anticipated increase in staffing or funding for the Commission, and comparing these figures with cutbacks in expenditures for the Dept of Licenses and Inspections.

22. Click here: Can Philadelphia Afford to Fund the Historical Commission? The city has begin preparing residents for the fallout of drastic cutbacks in vital services. Starting at the end of December 2003, the Managing Director made a series of announcements indicating that staffing levels would be among the targets for savings. He noted there would be an effort to preserve vital services, but that no department could be "considered sacred." How does this mesh with the statement made by the Historical Commission chairman in the discussion (above) that there is no such moratorium and that the city would provide a sufficient staff to meet present and ostensibly future expanded needs?

23. The Philadelphia Historic Designation Reform task Force: Councilwoman Jannie Blackwell convened a task force to investigate need for and means of achieving reform of the historic designation prospects for districts in Philadelphia.
    1. Click here: to read the draft recommendations prepared by the task force.
    2. Click here: to read the comparisons with historic designation in other cities compiled by the task force.
    3. Click here: to read a critique of the Task Force recommendations by Rudy Masciantonio of the Homeowners Association of Philadelphia (HAPCO).
    4. Click here: to read a critique of the Task Force recommendations by Alan Krigman.

    5. For further reading
       1. Click here: Don't Believe the Hysterical Preservationists by James D. Saltzman, St John's School, Houston TX.
       2. Click here: Models for Neighborhood Revitalization in Historic Districts by Michael Sacks, Trinity College, Hartford CT.

    6. Click here: Motion to withdraw support of the Spruce Hill nomination: A resolution was introduced and called to a vote at the general meeting of the Spruce Hill Community Association on June 8 2004, to withdraw support of the organization from the nomination of the area as a historic district. This is the motion in the form it was be made. The officers of the Association did not want this to come to a vote, and quickly moved to table it. The excuses were:
       • Members had not been notified that this would be on the agenda. This excuse was invalid because the motion was handed to the president in April with a letter saying it would be introduced and asking that it be put on the agenda. The officers, not doing so, are improperly citing its absence from the agenda as a reason for delay.
       • The officers claim that they sent a poll by mail to all members, which obviates the need for this vote. Unfortunately, a mail poll does not carry the same weight as a vote under the Rules of order at a regularly scheduled meeting. In addition, the poll was accompanied by a highly prejudicial cover letter, which totally invalidates any results that may be obtained.
       Click here: News coverage of the meeting and the quashing of the motion: Read the article from the University City Review of June 16 2004, describing the meeting and the quashing of the motion.

    7. Click here: Moorestown NJ Residents block historic designation ordinance: Residents of Moorestown NJ spoke out vociferously against a historic designation ordinance in their community, forcing the town council to table the proposal permanently. Read the report in this article from The Philadelphia Inquirer of May 8 2004.

    8. Click here: Do you really want to designate that building as historic, or is it just a subterfuge for something else? A presentation by Alan Krigman to the Pomona-Cherokee Civic Council on August 16 2004, concerning the nomination by an individual in the neighborhood of two buildings as historic sites. The reason for the nomination is questioned – is it because a) the buildings are truly historic, b) they contribute to the visual aesthetics of the neighborhood and proposed demolitions should be halted, or c) designation will encourage some uses and prevent others? Neighbors are urged to consider the alternatives and decide what they believe is best for themselves and the community.

    9. Click here:Good intentions are not enough; it takes money, too.An opinion in the Metro Commentary section of the Philadelphia Inquirer of 2/8/05 by Barbara Silberman, executive director of the Heritage Philadelphia Program. Ms Silberman discusses the sad fate of genuinely historic properties converted to museums by people eager to preserve them. Many suffer because the good intentions of the preservationists are not matched by the money needed for the restoration and upkeep.

    10. Click here: Even "non-contributing" buildings in historic districts are tightly regulated: If you don't think your building's historic so none of this applies to you, you may be in for a rude awakening. Buildings that even the Historical Commission classifies as not contributing to the historical character of a district are subject to draconian regulations. An article in Philadelphia's The Weekly Press tells the tale of a parking garage in Center City and the antenna installed on its roof.

    11. Click here: Posters to show opposition to district designation: A set of great posters you can print and display in your window or use in other ways to show your opposition to the social engineering of your neighborhood under the guise of historic preservation. The poster set includes The Gadsden ("Don't Tread on Me") flag and stylized Navy jack, as well as the Historic designation? Not for us! logo. All are designed to be printed on 8.5x11-inch paper. (This page also contains some background information – dare we say "an historical note" – on the Gadsden flag.)

    12. Click here: Report on a debate at the U of PA Urban Studies Center indicating the displacement caused by historic designation of neighborhoods:While preserving historic buildings is generally popular, a panel pointed out that it may also do harm.

    Come back and visit this website again soon – we're working to make it more extensive and informative.

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