TheBurg Podcast, Oct. 23, 2015

Welcome to TheBurg Podcast, a weekly roundup of news in and around Harrisburg.

Oct. 23, 2015: This week, Larry and Paul talk about complaints and revelations at the recent meetings on Harrisburg’s parking system. Then they discuss Mayor Papenfuse’s beef with the local tourism bureau, which reached boiling point this week. Also, a quick update on the Reed defense team battling the city over the release of records, and a test-ride in the new Front Street bike lane.

Special thanks to Paul Cooley, who wrote our theme music. Check out his podcast, the PRC Show, on SoundCloud or in the iTunes store.

TheBurg Podcast can be downloaded by clicking on the date above or by visiting the iTunes store. You can also access the podcast via its host page.

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New Tenants Lined Up for Strawberry Square

StrawberrySq

Strawberry Square at Market and N. 3rd streets in Harrisburg.

Two new tenants soon will land in Strawberry Square in Harrisburg, it was announced today.

Harristown Enterprises said it has completed lease deals with RGS Associates, a land planning, landscape architecture and civil engineering firm, and with Sellers Dorsey, which offers health care consulting.

RGS will move four employees into 2,500 square feet of space in December, with expectations that the number of workers will increase, said Brad Jones, president and CEO of Harristown, which owns Strawberry Square. Also in December, Sellers Dorsey will take about 5,000 square feet of space for 12 employees, with room to add personnel, Jones said.

In other developments in Strawberry Square:

  • The first of 900 workers with the state Department of General Services have begun moving into the former Verizon Tower, now renamed the Commonwealth Tower.
  • Verizon Wireless recently opened a retail and service store on the first floor of Strawberry Square.
  • Little Amps Coffee Roasters is expected to open its kiosk location on the first floor in November.
  • Also in November, construction is expected to begin on converting office space to 22 high-end apartments along N. 3rd and Market streets. To facilitate that project, Harristown has moved its own offices to the Lerner Tower above Auntie Anne’s Pretzels.

“People are coming into downtown and want to be here,” said Jones. “That’s good news for Harrisburg.”

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TheBurg Podcast, Oct. 16, 2015

Welcome to TheBurg Podcast, a weekly roundup of news in and around Harrisburg.

Oct. 16, 2015: This week, Larry and Paul talk about the latest developments in the latest Harrisburg saga – the financial struggles of the Susquehanna Art Museum. Also, a renewed effort by a state-affiliated agency to expand its offices downtown, this time without tearing down two historic structures, and a public meeting on Harrisburg parking next week.

Special thanks to Paul Cooley, who wrote our theme music. Check out his podcast, the PRC Show, on SoundCloud or in the iTunes store.

TheBurg Podcast can be downloaded by clicking on the date above or by visiting the iTunes store. You can also access the podcast via its host page.

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Harrisburg Ordered to Release More Records to Reed Defense Team

Attorney Henry E. Hockeimer, Jr., left, and former Mayor Stephen Reed after Reed's arraignment July 14 on corruption charges.

Attorney Henry E. Hockeimer, Jr., left, and former Mayor Stephen Reed after Reed’s arraignment July 14 on corruption charges.

The state open-records office today ordered the city to release yet more records in response to a voluminous request by attorneys defending former Harrisburg Mayor Stephen Reed against corruption charges.

In its ruling, the Pennsylvania Office of Open Records found that certain records sought by Reed’s defense team, centered on current Mayor Eric Papenfuse, his time on the board of the Harrisburg Authority and his correspondence with reporters and federal and state investigators, are subject to disclosure and must be released.

The effect of the order, however, may be narrower than it initially appears, as the agency also ruled the city is not required to produce certain records dating to before Papenfuse took office in January 2014. Reed’s attorneys had sought records linked to Papenfuse from a period covering the fall of 2007 through the present date.

The city, in its initial response to the request, had argued that the records in question were privileged, protected by grand jury secrecy rules, overly broad or otherwise exempt under state law and not subject to disclosure.

The state agency dismissed these arguments, finding that the records exist independent of any criminal investigation and that the city failed to meet its burden of proof that records were privileged or outside of its possession.

“The law puts the burden of proof on agencies, and you do have to provide evidence,” said Erik Arneson, executive director of the Office of Open Records.

Nonetheless, the city will likely not be required to provide many of the documents described in the request from Reed’s attorneys, which included broad categories like all records Papenfuse “provided to any third party concerning Mayor Stephen R. Reed from fall 2007 through the present.”

Correspondence sent by a private citizen who later becomes a public official “does not suddenly become available under the right-to-know law,” Arneson said.

The ruling comes one week after the agency agreed with Reed’s attorneys that other records they requested, including correspondence between Reed and various city officials and advisors, records of a City Council spending fund and records of city-owned artifacts, are also subject to disclosure and must be released.

In a third ruling Friday, concerning another set of requests related to city bond offerings over several years, the agency also sided with Reed’s attorneys in ordering the release of relevant records.

Henry E. Hockeimer, Jr., of the Philadelphia law firm Ballard Spahr, sought a vast array of records in a series of requests in July, following the filing of corruption charges against Reed in the midst of an ongoing grand jury probe.

The city purportedly asked for extra time to provide them, but did not specify a time frame, according to the agency’s ruling. At the end of a default 30-day extension, the request was deemed denied. Hockeimer then appealed to the state agency.

Specifically in reference to the records connected to Papenfuse, the city had also argued that Hockeimer’s request was made in bad faith. The agency rejected this argument, saying the city failed to provide any evidence to support it.

“We need the records for Reed’s defense, and they’re clearly public records,” said Pete Shelly, a spokesman for the former mayor’s defense team. “We’re hoping they’ll comply with the order and not waste more time or taxpayers’ money.”

Attorney General Kathleen Kane, announcing the charges against Reed in July, had credited Papenfuse’s tenacity in part for helping the state build its case. “Sometimes the squeaky wheel gets the grease, and he wouldn’t let it go,” she said.

City solicitor Neil Grover could not be reached for comment on the ruling and whether the city planned to appeal. Papenfuse, reached Friday afternoon, declined to comment, saying only that the city was evaluating its options.

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TheBurg Podcast, Oct. 9, 2015

Welcome to TheBurg Podcast, a weekly roundup of news in and around Harrisburg.

Oct. 9, 2015: This week, Larry and Paul talk about the city’s request that residents not blow leaves into the street, and residents’ unhappy reaction. Then, they discuss recent news of financial trouble at the Susquehanna Art Museum and an early (1980s early) media critic of former Mayor Reed’s.

Special thanks to Paul Cooley, who wrote our theme music. Check out his podcast, the PRC Show, on SoundCloud or in the iTunes store.

TheBurg Podcast can be downloaded by clicking on the date above or by visiting the iTunes store. You can also access the podcast via its host page.

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In Harrisburg Recovery, Fairness Remains Matter of Debate at City Hall

Finance director Bruce Weber, left, and Act 47 coordinator Fred Reddig at a Harrisburg City Council meeting in August.

Finance director Bruce Weber, left, and Act 47 coordinator Fred Reddig at a Harrisburg City Council meeting in August.

It was a raw deal, paying off reckless financiers out of the pockets of the common man. Or it was a fair shake, calling for shared pain on the road to stability. Or it was a best bet after years of acrimony, and a hedge against bankruptcy’s unknowns.

These are competing views of the Harrisburg Strong Plan, the 2013 blueprint for Harrisburg’s financial recovery. And two years in, they are still held, and vigorously debated, by the city’s top officials.

Harrisburg Mayor Eric Papenfuse, who supported the plan as a “window of opportunity” during his campaign for office, said in an annual address in September that it wasn’t producing enough revenue and should be revised.

And as recently as Thursday night, during a meeting of the city’s audit committee, Harrisburg’s controller, top lawyer and state overseer aired fundamental disagreements about the fiscal plan’s merits and fairness.

“When I look at this plan, I don’t see anybody caring about me, Vince, Alex, any of these guys,” said Controller Charlie DeBrunner, referring to audit committee members Vince Fogarty and Alex Reber. “And I would really like somebody, when they sit down at the next plan, to go through the plan and say, ‘What do we need to live here?’”

DeBrunner’s remarks came nearly an hour into a meeting that, up til that point, had been focused on the city’s annual audit, which was completed in a timely fashion—though still not as early as some would like—for the first time since 2008.

They were prompted, DeBrunner said, by the city’s recent request that residents bag their own leaves to assist a short-staffed public works department. That request, which might appear minor in itself, nevertheless hinted at the long shadow of Harrisburg’s financial collapse, felt in high taxes and inadequate city services.

“I think I’ve contributed my fair share—what I pay to park, my taxes,” DeBrunner said. “And now the city wants me to rake my own leaves, because they don’t have the money.”

Harrisburg’s recovery plan, drafted in a period of intense state oversight, was ultimately the state’s bid—vetted by local officials and a state court—to work out a deal between the city and its creditors that could avert bankruptcy.

It paid off hundreds of millions in debt, and restructured tens of millions in other obligations, in part with concessions from the city’s creditors. But it came at a bitter cost to residents, whose local income taxes and parking rates and fines doubled.

That has left residents like DeBrunner angry at the prospect of paying more for less. “We’re a relatively calm and decent people, frustrated beyond belief,” he said of neighbors unhappy at the prospect of bagging leaves in his tree-lined neighborhood. “Somebody needs to begin to consider the quality of lives we’re living in the city.”

And it has left many asking, again, whether the city’s creditors, like bond insurers Ambac and Assured Guaranty Municipal, have taken their fair share of the pain.

“They invested here,” DeBrunner said. “It seems to me, as an investor myself, I have to assume some risk sometimes when I invest. And I don’t see any of that.”

Yet others, like Fred Reddig of the state Department of Community and Economic Development, the coordinator overseeing the city’s recovery plan, point to the sacrifices it required from creditors. Soon after DeBrunner spoke, Reddig, who was at Thursday’s meeting to present a quarterly progress report, weighed in.

“The creditors already have shouldered a portion of the responsibility,” he said. He cited the $36 million carved out of the state’s debt fix—a long-term lease of city parking, largely backed by the boosted rates and fines—and set aside to pay city bills and fund some infrastructure improvements and employee retirement benefits.

“If you look at Rhode Island,” Reddig added, referring to a 2012 bankruptcy fix for that state’s tiny city of Central Falls, “their state gave creditors deference over everybody else. I disagree with that, but that’s what they did.”

“Well, it feels like that’s what’s happened here, Fred,” DeBrunner interrupted. “I live here. I’m not looking at this as a consultant on the outside.”

At the reference to bankruptcy, city solicitor Neil Grover chimed in with a reminder about the Pennsylvania Constitution. Under one interpretation of state law, he said, government promises to bondholders are sacrosanct, and bankruptcy amounted to a gamble over whether state law or federal bankruptcy code would prevail.

“No one has tested that,” Grover said. “Anyone that tells you they can predict what the other side of it is is kidding you.”

In that context, the recovery plan was its own kind of bet—namely, that negotiating some amount of shared pain from creditors was better than risking a judicial decision that the city must pay creditors every dime it owed them.

The discussion reached at least one point of accord, with all three agreeing the city ultimately needed more taxpayers. But a discouraged DeBrunner noted it would be hard to attract them when taxes were so high and services so hard to provide.

After a few minutes, Reddig returned to his quarterly report, and the audit committee went back to its business. The debate over the recovery plan’s legacy, in that room as elsewhere in the city, was left unresolved.

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Gun-Rights Attorney To Seek Donor Names On Appeal

An attorney in a legal battle with Harrisburg over its gun laws plans to appeal a ruling in the city’s favor over the privacy of donors to a legal defense fund, according to court filings.

Joshua Prince, of the Berks County-based Prince Law Offices, requested court transcripts for an appeal Wednesday, two weeks after Dauphin County Judge Andrew Dowling ruled the donors’ names could be kept private.

Prince is representing a gun-rights membership organization in a separate lawsuit against Harrisburg over its firearms ordinances. He sought documents including donors’ names and addresses in an open records request last February.

The city provided a list with the names and addresses redacted. Prince appealed to the state open records office, which ordered the city to release the full record.

Dowling, however, agreed with the city on appeal that the identity of donors is exempt under state open records law. He also sided with the city in finding it had provided records sufficient to meet other parts of Prince’s request, which Prince had disputed.

Harrisburg set up its legal defense fund earlier this year, after two groups sued the city over its ordinances regulating the use and ownership of firearms. The groups were emboldened by a new state law giving groups not immediately harmed by local regulations the ability to bring legal actions and recover costs from municipalities.

The city’s records showed it had received three donations totaling $400. The state law has since been ruled unconstitutional, though the lawsuits against Harrisburg are still pending. Prince’s case challenging the city ordinances was removed to federal court in February.

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Mayor on Leaves: Bag ‘Em, Don’t Blow ‘Em, Please

Mayor Eric Papenfuse.

Mayor Eric Papenfuse.

As fall advances, the city is once again asking residents to collect leaves in compostable bags, not rake or blow them into the street, to help its sanitation efforts in the midst of a department overhaul, city officials said Thursday morning.

Mayor Eric Papenfuse, speaking to reporters on the heels of inconsistent reports about this year’s leaf policy, some of which centered on frustrated residents, said the city would not punish residents who didn’t bag leaves, but was simply asking for help as it works to refine its leaf collection procedure for next year.

Bagging leaves is the “best way to help public works do their job,” Papenfuse said, but no one would be cited or fined for not doing so. “If they can’t do it, they can’t do it, and the city’s going to pick up the leaves as it’s always picked up the leaves.”

By placing leaves in compostable bags, residents will ensure the leaves don’t get mixed with litter, which can force the city to pay to dispose of it at the incinerator rather than drop it off at a composting site in Swatara Township.

Residents should place bagged leaves curbside the night before scheduled street cleaning, and not on trash collection days, Papenfuse said. The city’s street cleaning schedule is posted on signs throughout the city and is also available online.

The city has several thousand compostable paper bags residents can pick up for free at the public works center, at 1820 Paxton St., weekdays between 7:30 a.m. and 4 p.m. The mayor said he will also be asking City Council to appropriate around $6,000 for purchasing more bags.

The request to bag leaves is one of a number of changes this year to Harrisburg’s sanitation services. As part of a department overhaul, the city has replaced trash and recycling cans, worked to upgrade an aging sanitation fleet, and fought to bring businesses back from their accounts with private haulers to paying for city service.

Those efforts extend to leaf collection, which the city hopes to improve by next year with the purchase of a specialized leaf-collection vehicle and the creation of its own composting site, Papenfuse said.

The mayor made reference to the various changes in explaining the timing of the announcement on leaves, saying that the city didn’t want to make the request too early for fear it would get lost amid other sanitation news.

For more information about the sanitation overhaul, or to speak with city officials about the changes, residents can attend tonight’s final “Talkin’ Trash and Trees” meeting at the public works center at 6:30 p.m.

Free leaf collection bags will be available at the meeting, the mayor said.

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Harrisburg Changes Leaf Collection Procedure

leaves

Leaves have already begun to fall in Harrisburg.

Harrisburg is changing its leaf-collecting procedure this year, asking residents to use compostable paper bags for leaf collecting and disposal.

Moreover, the city is urging residents not to rake leaves into the street, which has been a common practice for many years.

“We are asking Harrisburg residents to cooperate with our Public Works employees this fall to help the city efficiently manage leaf collections,” said Mayor Eric Papenfuse. “We strongly encourage residents not to blow leaves into the street, but to put them in brown paper bags that workers can take to the Swatara Township composting site.”

The administration said that the city has a “limited number” of large brown bags available to residents for free. They can be picked up at the Public Works Center at 1820 Paxton St. during regular work hours from 7:30 a.m. to 4 p.m. Otherwise, residents will need to buy the bags, which can be purchased at many stores, including hardware and home improvement stores.

After collecting the leaves, residents should leave the bags on curbs for collection during street cleaning days. Plastic bags will be not accepted.

The city is also asking residents not to mix leaves in with their regular trash.

“We are calling on our residents to make a special effort this fall to help our workers do their jobs,” Papenfuse said.

 

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TheBurg Podcast, Oct. 2, 2015: Talkin’ Trash and Trees

Welcome to TheBurg Podcast, a weekly roundup of news in and around Harrisburg.

Oct. 2, 2015: Larry is away this week, so Paul hits the road to talk trash and trees. Next week concludes a series of meetings Harrisburg’s environmental advisory council has put on at various sites around the city. You’ll hear from the council’s Bill Cluck and Rafiyqa Muhammad, city arborist Erik Josephson and recycling coordinator John Rarig about the latest initiatives and regulations in the areas of trash, recycling and tree maintenance. The last “Talkin’ Trash and Trees” meeting will be held at the public works center, 1820 Paxton St., next Thursday, Oct. 8 at 6:30 p.m.

Special thanks to Paul Cooley, who wrote our theme music. Check out his podcast, the PRC Show, on SoundCloud or in the iTunes store.

TheBurg Podcast can be downloaded by clicking on the date above or by visiting the iTunes store. You can also access the podcast via its host page.

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