Music Hall in Cincinnati was the big winner in the latest round of tax credit awards named yesterday. You can read more from ODSA’s press release here.
We left off with my promise to share what I found out about the 10% tax credit, and just what you could or couldn’t do with it when it comes residential rehabilitation.
I started by checking out Form 3468 from the IRS, the form you attach to your return (you can view a PDF of the form here). One definite advantage to the 10% credit is the fact that there’s no 3-part process involving the SHPO, the National Park Service, the IRS, and your raft of consultants (depending on the complexity of your project). You report your 10% credit on a three-page form that you include in your annual return. And really, it’s one line multiplying your Qualified Rehabilitation Expenditures by 10%, and entering that total on the last line of the form.
In consulting the 2013 Instructions for Form 3468 (which you can find here) because nothing with the IRS is as easy as writing the total in one line, we learn that the Qualified Rehabilitation Expenditures have to be for “nonresidential rental property.” So what exactly does that mean? Sorry, the IRS can’t be bothered with including definitions for common terms used on the form. That would be…helpful.
However; undaunted, and hot on the trail of this mystery, I google “nonresidential rental property definition” and then I google “residential rental property definition” which brings me to the next IRS publication. IRS Publication 527 covers residential rental property (yep, I’ve got your link for it here) and the IRS gets into property classes. While the classes don’t include “nonresidential rental property,” we do get a definition for “residential rental property” as follows:
This class includes any real property that is a rental building or structure (including a mobile home) for which 80% or more of the gross rental income for the tax year is from
So, does that mean the inverse applies for the definition of nonresidential rental property? As long as less than 80% of your income comes from dwelling units, is your property defined as nonresidential rental property in the eyes of the IRS? I kept searching.
A fair amount of googling later, I came upon IRS Publication 946, which delves into property depreciation (you glutton…here you go) and the good folks at the IRS included a glossary in the publication. Their definition for residential rental property (sorry, nothing under the Ns for nonresidential rental property) is:
Real property, generally buildings or structures, if 80% or more of its annual gross rental income is from dwelling units.
So, again, do we flip greater than 80% for less than 80% to come to the definition of nonresidential rental property? And, anyway, why should we really care?
And the answer is that there is a lot of potential for the renovation of old, mixed-use commercial buildings, 2- 3- or 4-story, that could use the 10% rehab tax credit, but that don’t, leaving serious incentive money on the table. According to the IRS, as long as less than 80% of your income comes from the residential portion of your building, the IRS categorizes it as nonresidential rental property, and appears to be eligible for the 10% tax credit. And on a $100,000 rehab project, that’s an extra $10,000 in the developer’s pocket at the end. Not bad for filling out a couple lines on your tax return.
Now, since I’m not a lawyer or tax advisor, I’m afraid all I can do is whip you into a frenzy over incentive dollars you could be taking advantage of (or did all the IRS publications already do that?) so please don’t take this as a substitute for consulting your own favorite tax person or lawyer.
If you have your own two cents, or 10%, to contribute to the conversation, I’d love to hear from you. Have you successfully taken the 10% credit on a project with a residential component? Have you uncovered that elusive definition of nonresidential rental property that you would be willing to share? Thanks for reading!
Every good preservationist knows that rehab tax credits get subdivided into two neat categories: the 20% credit for the rehab of National Register-listed buildings, and the 10% credit for the rehab of non-NR properties constructed before 1936. Every good preservationist also knows that the 10% credit can only go toward buildings with non-residential uses (it says so in the Historic Preservation Tax Incentives brochure that you can check out here).
As someone who likes to consider myself somewhat well-versed in the rehab tax credits, you can imagine my surprise when my Historic Real Estate Finance instructor asserted that, in fact, you could use the 10% credit for a project that included a residential component. I remember thinking at the time that that was a good piece of tax credit info to know, and I filed it away in my mind.
Fast forward to yesterday, and Joyce and I were having a conversation with a developer who is redeveloping a non-NR building, constructed before 1936, for mixed use.
So, I bring up the 10% tax credit. The developer would use the 10%, but the building development will have a residential component…and then I pounce.
Well yes, but, did you know you *can* use the 10% on a mixed use project with residential?
However, after piquing the developer’s interest, I realize I can’t exactly defend my position with official IRS definitions, or publication references proving my point. So, I tasked myself with a mini-IRS immersion to first and foremost conclusively prove (at least to myself) that I’m providing useful information a building developer will actually be able to use.
I’ll share my search for definitive answers (and the results) in Part II.
The National Endowment for the Arts has announced its latest round of funding for its Our Town initiative. Eligible activities include Arts Engagement, Cultural Planning, or Design. Prior grant recipients in Ohio have included: Westcott House Foundation in Springfield (2014), Pomerene Center for the Arts in Coshocton (2013), Detroit Shoreway in Cleveland (2012), Art Opportunities in Cincinnati (2012), and Artspace in Hamilton (2011), so the NEA is familiar with Our Town projects in Ohio.
An initial online application submitted through Grants.gov is due by December 15, 2014. For more information, click here to access the Our Town Grant information page.
Job Posting: Executive Director
Employer: Downtown Painesville Organization
The Downtown Painesville Organization is looking for an energetic, imaginative and self-motivated director for economic development organization. Successful candidate will be responsible for leading historic revitalization program within the downtown business district.
Resumes should be submitted with cover letter expressing interest and three professional references. This posting is open until filled.
Downtown Painesville Organization
One Victoria Place #265A Painesville, OH 44077
Founded in 2007, the Downtown Painesville Organization is a 501c3 non‐profit revitalizing Painesville’s historic core via the Ohio Main Street Program. Based in historic preservation, the Main Street approach was developed by the National Trust for Historic Preservation to save America’s traditional downtowns. The Executive Director’s responsibilities include a broad range of economic development activities. The Executive Director must be creative, entrepreneurial and adaptable to the changing needs of the organization.
The Executive Director coordinates the activities of the downtown revitalization program and is responsible for the development, conduct, execution and documentation of the Main Street Program in accordance with Heritage Ohio and the National Trust for Historic Preservation’s Main Street Program. The executive director is the principal on‐site staff person responsible for coordinating all project activities locally as well as for representing the community regionally and nationally as appropriate. In addition, the executive director should help guide the organization as it grows and as its objectives evolve.
PRINCIPAL DUTIES AND RESPONSIBILITES
• Full‐time advocate for the downtown and primary coordinator of the Main Street program’s activities • Oversees daily operations, providing the hands‐on involvement critical to a successful program.
• Coordinates a wide range of projects, from supervising promotional activities to managing internship program and volunteer projects
• Working cooperatively with the local community to develop and implement a local action plan and timetable which includes public and private activities and events.
• Assisting individual merchants and property owners with design and construction of physical restoration projects.
• Preparing and maintaining a continuing record of Downtown Painesville Organization activities • Other duties as directed by Board of Directors
RECOMMENDED EMPLOYMENT QUALIFICATIONS
This position requires a Bachelor’s degree. Experience or education related to architecture, historic preservation, economics, finance, public relations, design, journalism, planning, business administration, public administration, retailing, volunteer or nonprofit administration and/or small business development preferred.
SKILLS & EXPERIENCE:
- Experience leading teams and/or projects.
- Strong written, oral, and organizational skills
- High level of technical ability with strong working knowledge of computer software programssuch as desktop publishing, graphic design, website administration, and Microsoft office suite.
- Ability to manage websites and social media content such as Facebook, Twitter
- Experience with event planning, fundraising and government relations preferredSUPERVISIOR RESPONSIBILITIES: Responsible for managing interns and numerous volunteer groups and committees.OTHER: Some travel may be required. Drug test and background check required. Must physically be able to lift 50 pounds. Extensive walking required. Frequent weekend and evening responsibilities.Salary & Benefits TBA
I’m curious: did you happen to catch Barb Powers’ presentation at our Annual Conference in Kent, Myth-Busting the National Register of Historic Places? If not, here’s the quick (very quick!) summary: myths and misinformation abound when it comes to the National Register of Historic Places, including what owners of buildings are or are not required to do with their NR-listed property.
Combating that misinformation and trying to set the record straight seems to be one of those perpetual tasks for organizations such as the SHPO and Heritage Ohio. I was just reminded this week of the ignorance being spread about the National Register when I was reading an article about Hamilton’s efforts to list their downtown in the National Register in order to access tax credit incentives (you can read the article here). While the article is factually correct, the problems happen when we get to the comments section, specifically the commenter saying “Registration prevents revitalization and requires preservation. This is a bad move… You cannot change the exterior of registered buildings. You cannot demolish older buildings to replace them with newer buildings. You can maintain a movie set for the early 20th century. But, you kill revitalization of the city when you register the buildings.”
Of course, anyone who attended Barb’s session, or who has a basic familiarity with the National Register understands that these comments are patently false. The National Register does not require building owners to preserve their buildings. Nor does it prohibit exterior changes. Nor does it prohibit demolition. Unfortunately, these voices are out there, they crop up, and they have their believers. So, our jobs, as passionate preservationists, is to make sure we take every opportunity to educate people about what the National Register does and does not do, and refute National Register ignorance when we have the opportunity.
Economic Development Director (Norwalk, OH):
The Norwalk Economic Development Corporation (NEDC), a 501(c)(3) seeks an experienced individual to lead its economic development program, manage businesses attraction and retention, oversee personnel and programs, and coordinate incentive programs.
This position requires at least a Bachelor’s Degree in Business Administration, Economics, Marketing, Public Administration or related field, with five years experience in economic development and/or executive positions. Excellent verbal and written communication skills are essential.
Send resumes and salary requirements to NEDC, 12 Benedict Avenue, 2nd floor, Norwalk, OH 44857 or e-mail email@example.com. For a complete job description or more information, call 419-663-2030.
Marietta Main Street Seeks Executive Director
Marietta Main Street seeks an organized, dynamic, energetic visionary to lead our Main Street community as Executive Director. This candidate must be a self-starter with an entrepreneurial spirit, and capable of functioning effectively in an independent environment. This individual will be responsible for the coordination and oversight of the Main Street program within downtown Marietta & Harmar Village. The responsibility includes but not limited to managing the organization’s development, and the overseeing of the program’s economic development, promotions, and design projects.
Responsibilities Include but not limited to…
>Represent and promote the program thru volunteers, the public, funding partners, city, state and federal officials and the business owners, landlords and residents of the downtown Marietta & Harmar Village.
>In tandem with assistance from the Board of Directors, this candidate will develop and implement the program’ mission, vision, goals, objectives, and strategies via an annual work plan(s) based on the National Trust Main Street program methodology.
>Manage volunteers and coordinate activities of four Main Street Committees. Assist each committee in development and implementation of its work plan. Participate in committee meetings and serve as the liaison between committees, the Board of Directors, the business district stakeholders, and media outlets, ensuring that all actions and goals are coordinated.
>Develop Resources: Work with the Board of Directors to research and develop fundraising activities for the program including identifying private (foundations, corporations, local businesses, individuals, etc.) and public (city, state, national) funding sources, programs, and potential partners. Lead the program in the grant-writing process.
>Maximize communication between the existing downtown Businesses and other organizations to build strong, productive working relationships between partners and among all downtown stakeholders.
>Spend a minimum of 5-6 hours per week “on the street” for “face to face” as the director getting to know the business climate and environment as well as addressing individual business owner needs and concerns by directing them to appropriate available resources.
>Educate property and business owners about the importance of good design and merchandising and develop a network of consultants to guide in appropriate design and implementation of improvement projects, including historians, architects and contractors. Work with zoning officials to facilitate and streamline process.
>Coordinate and enhance events, promotions, and advertising strategies with existing organizations, the City, community groups, etc., to maximize the community image and retail opportunities.
>Conduct other duties and tasks as defined by the Board of Directors in the future.
>Minimum High School Diploma.
>Work experience in one or more of the following areas will be helpful, but not required – business, finance, urban affairs/public policy, community development, historic preservation, or a related field. Background in Main Street, retail or working with retailers preferred.
>Ability to delegate responsibilities effectively and motivate volunteers is essential.
>Excellent public speaking, interpersonal, time management, organizational, consensus-building and media relations skills.
>Strong written and oral communication skills.
>Experience in grant-writing process preferred but not required.
>Strong computer skills using Microsoft’s Office Suite (Word, Excel, Access and PowerPoint), website management skills preferred (Joomla).
>Ability to work evenings & weekends, as required (long hours are a must in several opportunities).
The salary range starts at $30,000, negotiable based on experience.
Please submit cover letter, resume and three professional references no later than September 30th to firstname.lastname@example.org.
Thank you for your interest.
I hope you had a chance to read the first post highlighting the Ten truths of Smiley. While not an exhaustive list, these were some of the concepts Marc presented at the June training in Marietta that struck a chord with me. I think that organizations keeping these “truths” in mind as they go about their mission-based work have a better chance of achieving their goals. We looked at 1-5 a couple days ago, and today we’re looking at 6-10.
6) The easy thing to do is grab people and put them on your board; the right thing to do is to approach board recruitment from a strategic standpoint.
Is there a secret to the success of highly effective organizations and the boards that run them? If there is, it certainly has something to do with the skills and knowledge of the people representing the board, and how those skills and knowledge uniquely assist the organization.
The board profile grid (something Marc is happy to share a sample of here) is a development tool that, when put into place and practiced, can become an “A-ha!” moment as board representatives realize for the first time that strategic development and recruitment of the board can propel an organization so much farther than simply trying to fill a board room with warm bodies. Every organization has unique skills it needs in order to accomplish its mission, and creating a customized board grid helps everyone understand what skills the current board brings to the table, and helps to narrow the focus for recruitment of new board members.
Marc shared a simple but brilliant device for keeping the board process in mind: R-O-T-E-R. A successful organization is careful to Recruit, Orient, Train, Evaluate, and Recognize their board.
7) When I say “board orientation,” do you say “What board orientation?”
Board orientation: it’s another one of those un-sexy but critical practices of successful organizations. In our years of working with local preservation organizations, and downtown revitalization organizations, we usually seem to encounter passionate people working on the external issues facing the community, but sometimes to the detriment of nurturing and building the internal foundation of the organization.
Have you ever been involved with an organization where you accepted a leadership role (such as serving on the board of directors) with vague promises from the board chair or the perpetually harried executive director to get you a full packet of board member materials, only to have little bits and pieces dribble in over the course of the first few meetings? (Forget the bylaws, I’d just be happy with a list of your passed motions from the last 12 months!) Making time to 1) put together a professional looking board orientation/board manual packet, and 2) sitting down with the prospective or new board member to share an organizational overview is not only a critical part of strengthening that board/stakeholder relationship, but making sure everyone is on the same page from the start. If you’re not sure what typically goes into a board member orientation packet, we can provide examples and share the important concepts we think a good orientation piece covers.
8) Good committee chairs: where do they hide???
If you were to ask whether someone would rather suffer from the occasional spontaneous bout of explosive diarrhea for the rest of their life or serve as the chair of the local Main Street program’s Economic Restructuring Committee for the next two years, I really think 99% of the people asked would politely pass on the chairmanship. So, lucky you, you’re on the hunt for that elusive 1% willing to serve as a committee chair.
While there’s no super secret rock that committee chairs-in-waiting hide under, there are things you can do to better set your organization up for success. Formalize the leadership cycle. Elect 2 vice chairs to serve staggered terms so there’s always overlap (and someone to share the occasional frustration). Or maintain committees with immediate past chair, current chair, and chair-elect as active committee members.
Sometimes it pays to be sneaky! Marc suggested this leadership recruitment trick: ask your prospect “Will you be the chair next year?” It always seems easier to commit to something in the future, and once you have the commitment, the hope is that your future chair will follow through when the time comes.
9) How well do you know your supporters and how well do they know you?
Over the course of my adult life I’ve had the experience of happily joining a nonprofit organization, strongly believing in their mission, only to become disillusioned a couple years in, because I would hear from them just once a year, when it came time to send my check in for my membership renewal. There was a lost opportunity to strengthen the donor/organization relationship, because there was no two-way relationship building: I wasn’t learning more about them and they weren’t learning more about me, and they lost my membership because of it.
As an organization, you have a great opportunity to tout yourself, but also to learn more about the people who believe in your work so explicitly that they financially support you. Welcoming someone with a new member packet, actually asking the “Why do you support us?” question, sending them a card on their birthday to let them know they’re important and that you care about their relationship with you, can all go a long way toward strengthening the member/organization bonds.
10) Last but not least: People have time to give, they do not have time to waste.
Volunteers are the lifeblood of your organization. Treat their volunteer time as the sacred gift it is. That means: no more meetings for the sake of having a meeting; no more meetings where the time is spent rehashing the discussion from last month’s meeting; no more board meetings where board members try to do the committees’ work; and no more meetings lasting more than two hours.
I hope you’ve enjoyed reviewing some of Marc’s top truths when it comes to organizational excellence. How will you know when you’ve really made it as an organization? In the words of Marc, it’s when people quit other boards in order to have the experience and privilege of serving on your board.
We were pleased to host organizational guru Marc Smiley at our June Revitalization Training in Marietta (thank you to Marietta Main Street for being great hosts!) Marc did not disappoint as he spent the day clarifying organizational concepts, answering attendees’ questions, and providing humorous anecdotes. If you didn’t get the chance to attend, I’ve compiled some highlights, or truths, that Marc conveyed, for you to use in your day-to-day operations. We’ll go through 1-5 today, and then pick up 6-10 in a couple days.
1) The best organizations build relationships with their stakeholders over time.
How many times have you witnessed (or even worse, been a part of) an organization offering a board seat to an individual who has just recently joined an organization? Some organizations put out such a desperate vibe for board members (or other important leadership positions) that it seems their only qualifications for board service include a pulse and the ability to recite the name of the organization upon request. While the kind-hearted nature of the typical community volunteer means they feel part pity, part embarrassment at being asked, and part desire to help improve the culture of the organization, what begins with good intentions may not end with as good of results.
An organization moving its volunteers through deliberate phases (member, event volunteer, committee member, board member, organizational leader) gives both the organization and the volunteer a chance to get to know one another before either makes a big commitment in the relationship. When both sides have a better idea of what to expect from the other, the chances of burnout, frustration, and unpleasant surprises are lessened.
2) Neither the board or staff are islands unto themselves when it comes to raising money.
When it comes to fundraising, especially when looking at bigger donors, there are a bunch of tasks, from developing the “ask” materials, to prospecting for donors, to establishing and developing the donor/organization relationship, to making the ask, to stewarding the donor “post” ask. And any organization that does a good job of fundraising understands how those tasks are distributed among staff and board. The board cannot drop the job of fundraising into the executive director’s lap, nor can the executive staff put up its hands and expect the board to handle 100% of the fundraising tasks just because fiduciary responsibility sits squarely with the board.
3) Fear of raising money is not an excuse not to raise money.
Sometimes an organization develops the “woe is us” collective mentality, coupled with an intense fear of active fundraising to make things happen. You know the organization: they’re figuratively clanking their tin cup while sitting on the sidewalk, in the hopes that a kind soul will pass by, take pity on the group, and drop a few coins into their cup.
Organizations suffering from their own inferiority complex have two options: go for the extreme makeover, convincing themselves first, and then everyone else, that they play an important role in improving the community in which they are located. They take every opportunity to tout the good work they do, and to continually make the argument that they do what the public sector can’t do, or what the for-profit sector does not want to do. They demonstrate that donors giving to their organization will see returns on their giving, and do their best to insure that stakeholders are delighted to be involved with their mission-based work.
The other option? Let that fundraising fear paralyze the organization until their relevance within their sphere of work drops to a negligible level and the organization has to close its doors for good. (I promise: I’m not trying to write a “scared straight” post here.)
4) Understanding what is important, and what is urgent, and giving each its proper attention, is key.
This is where good planning habits come into play. Organizations that balance the approach of short-term and long-term planning are able to address not only the fires that have to be put out today (those decidedly un-sexy conversations about the ideal placement for outdoor trash receptacles), but the grand visions that, once accomplished, cause people to look directly into one another’s eyes, mouths agape, and say “Did we really just hold a ribbon cutting on that white elephant building that had been vacant for 25 years???”
It’s too easy, when we’re strictly focused on today, to forget to put our mission into the context of what we’re supposed to be accomplishing 20 years from now, just like it’s hard to tackle today’s problems when all we can focus on are the big-fix needs in our community. A good organization finds the balance between devoting resources to today’s urgent and tomorrow’s important, keeping both in mind.
5) Job descriptions for everyone!
No really, everyone needs a job description. OK, I sense those rolling eyes, and that sarcastic thought “Hooray, more busy work for me while I watch my community go to hell in a handbasket.”
But when it comes to getting off on the right foot, stakeholder to organization, there’s nothing better than shared expectations, transparency in expectations, and everyone being on the same page with what exactly those expectations comprise. And, one of the best ways to institutionalize that foundation is through a job description outlining function(s) within the job, responsibilities, and expectations.
Don’t fret if you’re involved in an organization totally lacking in job descriptions. We have many examples we’re happy to share as templates for you, as does Marc Smiley, here. See? Not that bad.
Anyway, we’ve covered 1-5. I hope you’ll join me in a couple days for the rest of the best, courtesy of Marc Smiley.