Tag Archives: Tiffanie Baldock

Impasse over Public Works building continues, as Harrisburg asks court to withhold judgment on civil suit.

image of Public Works Department building, located at former Brenner autodealership

Harrisburg has not paid rent to the owner of its Paxton Street public works headquarters since 2017.

Harrisburg officials want to keep fighting a civil suit that seeks to eject the city’s Public Works Department from its headquarters on Paxton Street, even though it has not paid rent to the building’s owner in more than a year.

On Wednesday, the city’s law bureau asked a Dauphin County judge to delay awarding judgments in favor of Michael Brenner, owner of the property at 1802 Paxton St. that houses Harrisburg’s public works department.

Brenner brought a civil suit against Harrisburg in October, accusing the city of breach of contract and trespassing. He says Harrisburg stopped making the $16,000 monthly rent payment on the building in 2017 and continues to occupy it illegally.

The suit came weeks after Harrisburg City Council authorized the use of eminent domain proceedings to acquire Brenner’s property.

Harrisburg Mayor Eric Papenfuse has said the Paxton Street property is the only suitable site in the city to house the department, since the former car dealership is located outside of a flood plain and can store heavy equipment.

City officials began negotiating a sale with Brenner in 2017, but Papenfuse said this summer that they reached an impasse when Brenner demanded an inflated price.

Papenfuse said the city stopped paying rent on the building shortly thereafter, but intends to pay him what he’s owed when the city acquires the property.

Council authorized the eminent domain proceedings in August.

In October, Brenner asked the courts to eject Harrisburg from the Paxton Street property, which has served as its public works facility since 2014. He also seeks more than $700,000 in unpaid rent, real estate taxes, repairs and court fees.

Since the initial complaint was filed on Oct. 20, the city’s law bureau has filed one response to Brenner’s allegations in addition to the motion to postpone judgements.

According to Brenner’s lawyer, neither document provides a substantive legal justification for staying in the property without paying rent.

“There really is no good rationale I’ve heard,” attorney Adam Klein said. “This is money that’s owed to us… [and] I don’t know what they would come up with as a reason for why they can squat on the property.”

The suit against Harrisburg listed more than a dozen complaints, including that the city failed to pay real estate taxes and rent on the building starting in 2017 and failed to reimburse Brenner for roof repairs.

All actions violate the terms of the city’s lease, the suit says, making the city’s continued presence at the Paxton Street property an act of trespassing.

Klein said that Harrisburg’s law bureau offered “general denial” to many of the complaint’s allegations. Absent substantial evidence or rationale, civil court procedures allow a judge to interpret a general denial as an admission, Klein said.

As a result, Klein petitioned the court in December to make a judgment in his client’s favor.

“It’s clear we’re entitled to relief, so going through the dog and pony show is really a waste of everyone’s time if we’re owed for judgment,” Klein said, noting that Brenner does not seek any punitive damages in the case.

But Harrisburg’s law bureau asked the judge on Wednesday to delay the judgment and allow both parties to keep litigating the case.

If the judge complies, both parties will submit briefs and could be called to make oral arguments.

While the city admits that it stopped paying rent to Brenner, it denies that it breached the terms of its lease.

The city also disputes its responsibility to reimburse Brenner for roof repairs, and, moreover, argues that a municipality can’t be ejected from a building it’s using to perform a public service.

The city has not initiated eminent domain proceedings to acquire the building, nor has it resumed negotiations with Brenner to purchase the building outright, deputy city solicitor Tiffanie Baldock said today.

Baldock otherwise declined to comment on the ongoing litigation against the city.

Klein doesn’t dispute the city’s right to seize his client’s property by eminent domain, as long as it pays a fair price.

He also said it’s normal for property owners to fight eminent domain proceedings as they jockey for a better settlement value.

But he doesn’t see any legal justification for withholding rent just because his client stalled a real estate transaction.

“If I were a property owner looking to lease property to the city, I would look at this and be very hesitant to do so,” Klein said. “This is not a good precedent for any city to set.”

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City Council Update: Traffic police on the move, roadwork planned for South Harrisburg

Harrisburg City Council at tonight’s legislative session

Harrisburg’s traffic police are moving their home base to Paxton Street.

City Council tonight approved a one-year, $1 lease with UPMC Pinnacle to rent office space in a UPMC-owned property at 1000 Paxton St.

The new space will allow officers in the city’s traffic safety unit to store damaged cars for inspection following traffic safety incidents.

Officers currently store vehicles involved in investigations in a downtown garage, which is cramped and not entirely protected from the outdoors, according to police officials.

The deal also provides 140 square feet of office space where officers can store equipment and complete paperwork. Only one or two officers will ever be in the office at a given time, council public safety chair Ausha Green said tonight.

UPMC will furnish the office with desks, a credenza and a refrigerator, and the Harrisburg Police Bureau will provide furniture from its existing inventory as needed.

The agreement will not permit the bureau to increase the size of its traffic safety unit, which currently comprises six officers who are called to traffic assignments in between other duties.

Council also voted tonight to reaffirm the terms of a $2 million loan to finance street improvements in South Harrisburg.

A resolution that council passed in April authorized the city to enter into the loan agreement with the Pennsylvania Infrastructure Bank, to be repaid over a 10-year period at a 2.5 percent interest rate. A resolution passed tonight ratifies the same terms with “more robust language,” according to Deputy Solicitor Tiffanie Baldock.

The $2 million loan will allow the city to repave 38,000 square feet of roads and install ADA-compliant wheelchair ramps and crosswalk signals at six deteriorating intersections in South Harrisburg.

The goal of the project is to create a safer pedestrian environment, according to council legislation, which does not identify the streets targeted for improvements. The project is expected to begin next year.

City Council also considered legislation tonight to ratify a new collective bargaining agreement with city employees represented by the Local 521 chapter of AFSCME. It would extend the current contract for two years, providing a 1-percent annual raise and a $1,000 bonus for members of the bargaining unit, effective at the start of the new fiscal year.

The contract agreement was sent to council’s administration committee, which will meet during the next work session on Tuesday, Nov. 20.

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July News Digest

Report: Tax Hike Possible

Real estate taxes in Harrisburg could increase by 105 percent over the next three years, if suggestions in a financial recovery plan submitted to city officials come to pass.

The state Department of Community and Economic Development (DCED) last month released Harrisburg’s Act 47 exit plan, a report intended to guide the city through the next three years in the state financial oversight program.

The plan, which was prepared by Harrisburg’s Act 47 coordinator Marita Kelley, calls for Harrisburg to restructure its revenue sources to align with tax rates set forth in the state code.

Act 47 has granted Harrisburg extraordinary taxing power that generates $11 million in revenue each year. The city doubled its earned income tax (EIT) rate in 2012 and tripled its local services tax (LST) in 2016.

Unless state laws change, Harrisburg would lose that revenue when it exits Act 47 in 2022.

To avoid a fiscal cliff, Kelley suggested that the city gradually surrender its extraordinary taxing authority and replace its EIT and LST revenue with real estate tax revenue over the next three years.

The exit plan calls for a complete reversal of the LST and EIT hikes by 2021. Simultaneously, Harrisburg would levy 20-percent real estate tax hikes for two consecutive years, followed by a 42 percent raise in 2021.

Harrisburg property owners pay taxes to three separate taxing jurisdictions: the city, the school district and Dauphin County. The hikes would only affect the city property tax.

Meanwhile, under the plan, bills for the city’s EIT and LST would decrease. Kelley recommends reducing the EIT by .5 percent in 2019 and 2020, offsetting the 1 percent hike that City Council levied in 2015. The plan also calls for the city to reduce its LST by $52 for the next two years, bringing it down to a $52 annual, flat rate by 2022.

The astronomical real estate tax hikes still wouldn’t bring in as much revenue as the current LST and EIT rates. Budget projections in the exit plan call on the city to spend more than $13 million from its fund balance to mitigate annual deficits.

The plan makes clear that Harrisburg can’t afford any new expenditures. Kelley outlined initiatives the city could make to curb spending, such as paying down debt obligations, renegotiating existing loans, adopting financial management policies to improve the city’s credit rating, and developing a five-year capital improvement plan to prioritize its infrastructure improvement projects.

Harrisburg does have two paths to avoid the real estate tax hikes. It could adopt a Home Rule charter, which would allow it to write its own tax code, though Mayor Eric Papenfuse last month seemed to reject that path.

The city also can ask the legislature to let it levy its current LST and EIT tax rates in perpetuity. City officials have been lobbying lawmakers for months in hopes of securing legislative change.

If the legislature does pass special tax provisions for Harrisburg when it reconvenes in September, the city could exit Act 47 and maintain its current taxing authority.

If the state fails to act, the city would enter its 2019 budget cycle under the assumptions set forth in DCED’s recovery plan.

Papenfuse denounced the report’s findings, calling them “state-assisted suicide.” Local officials vowed to fight any move to significantly raise Harrisburg’s property tax.

For its part, DCED later clarified that it sees real estate hikes as a last resort.

“The recovery coordinator believes the significant property tax proposed in the Act 47 Exit Plan should be considered as a last option,” according to a statement from the department. “As stated in the Exit Plan, the city should first explore reducing costs and renegotiating deals, entering into a home rule charter and negotiating with the state legislature to extend the deadline for collecting the LST and EIT.”

Council Passes Sanitation, Funding Measures

Harrisburg City Council passed new sanitation laws and disbursed more than $2 million in federal grant funds last month before adjourning for summer recess.

Over the course of a four-hour meeting, council made sweeping changes to laws governing trash and recycling collection violations in the city. The city’s new sanitation code establishes harsher fines and new enforcement powers.

Despite the lobbying of the city treasurer, council members rejected a provision that would have inaugurated annual trash billing. The city will continue to send homeowners and businesses monthly bills for trash services.

Under the new ordinance, owners of vacant properties will no longer be billed for trash services at those parcels. Council added an amendment requiring all vacant property owners to apply for a vacant property exemption.

The hallmark of the new sanitation code is a new fine and enforcement structure, aimed at curbing illegal trash disposal across the city.

Under the new ordinance, serious offenses—including illegal dumping, accumulation of trash exceeding 1,000 pounds, improper waste disposal and failure to register as a private trash hauler—are considered category 1 violations, punishable by a $1,000 fine or up to 90 days in jail.

Category 2 violations include failure to bag waste, obstruction of streets and sidewalks or interference with enforcement and will be met with fines starting at $100. Fines will increase up to $500 for each subsequent offense.

The ordinance also permits Public Works to designate enforcement officers to patrol public streets for violations, and it authorizes police officers to issue citations and enforce the ordinance.

Council last month also voted to disburse $2 million in funds from the Community Development Block Grant. More than a dozen local nonprofits and city departments will receive grants ranging from $5,000 to $300,000. These include:

  • Christian Recovery Aftercare Ministries (C.R.A.M.): $40,000
  • TLC Work Based Training: $45,000
  • A Miracle 4 Sure: $50,000
  • Latino Hispanic Community Center: $25,000
  • Fair Housing Council: $25,000
  • PPL/IN HOUSE: $20,000
  • Shades of Greatness: $15,000
  • Heinz-Menaker Senior Center: $25,000
  • Neighborhood Dispute Settlement: $5,000
  • TriCounty HDC: $250,000
  • Habitat for Humanity: $100,000
  • Housing Rehabilitation Programs (city-run): $321,642

In addition, more than $600,000 of the $2 million grant will go to debt service, and $400,000 will reimburse the city for CDBG administration.

Council also approved a new, five-year labor contract with the city’s firefighters, which will lock in 2-percent annual wage increases and establish a new policy to increase retention. Lastly, council passed a resolution reestablishing Harrisburg’s Environmental Advocacy Council, a seven-member body that will be filled by appointments by council and the mayor’s office.

 

City OKs 2 Buildings for Demo

Another slice of historic Harrisburg seems fated for the wrecking ball, as a long-time property owner has received permission to raze two small downtown buildings.

By a 4-1 count, the Harrisburg Architectural Review Board (HARB) last month voted to allow retired area attorney Gilbert Petrina to demolish 512 and 514 N. 2nd St., buildings that he has owned for at least 35 years.

Petrina’s son, Gilbert Petrina Jr., attended the meeting, saying that his father was too ill to attend.

“My goal is to get these down as quickly as possible,” the younger Petrina said. “They’re a blight. They’re a hazard.”

Several board members pointed out that the properties were blighted only because they had been neglected for so long by the owner.

“I’m disappointed the properties have reached this point,” said member Jeremiah Chamberlin. “Ten years ago, they would have been restorable.”

Petrina said that, someday, he’d like to build a new structure on the site. Until then, he proposed using the lots for parking, hoping that revenue would help offset the cost of the demolition.

However, Assistant City Solicitor Tiffanie Baldock said the city could not allow additional commercial parking because doing so would violate its agreement with Park Harrisburg/SP+, which runs the parking system under a long-term lease with the city.

Petrina, who lives in Virginia, said he still would proceed with the demolition and reiterated that, someday, he hoped to build on the site, though he currently lacked a plan to do so.

 

So Noted

Mark Kropilak was named last month as the new chief executive officer of Capital Region Water, which provides water and sewer service to much of the Harrisburg area. Kropilak, who has worked both for private water technology companies and in a regulated utility, replaces Shannon Gority, who resigned the post late last year.

Patricia Whitehead-Myers was appointed to the Harrisburg school board last month. Myers, who served previously on the board, replaced Percel Eiland, who resigned his two-year board seat. In other school district news, Director Tyrell Spradley resigned his seat after just five months on the board.

Penn State Health has announced that it plans to build a new, 108-bed, acute-care hospital on 44 acres in the Wentworth Corporate Center in Hampden Township. Construction of the 300,000-square-foot, three-story building is slated to begin in early 2019, according to Penn State Health. It will be located directly across I-81 from UPMC Pinnacle’s West Shore Hospital.

Rob Lesher resigned last month after more than two years as the executive director of the Dauphin County Library System. Karen Cullings, the library’s director of community relations, will assume the position of interim executive director while a national search is conducted to find a replacement, according to DCLS.

TLC Work-Based Training last month held a groundbreaking for a 20-unit affordable apartment complex, the Harrisburg Uptown Building (HUB) and the HUB Veteran Housing Complex. The project at 5th and Kelker streets is TLC’s first major undertaking as a property developer.

Changing Hands

Adrian St., 2425: M. Washington & J. Holmes to S. & V. Heckman, $61,000

Adrian St., 2436: PA Deals LLC to R. Buehner, $63,900

Allison Ct., 7: Flipside Home Renewal LLC to D. Wallace, $92,500

Berryhill St., 1143: FEI Company to Vich Development LLC, $1,250,000

Boas St., 235: Weichert Workforce Mobility Inc. to D. Kergick & A. McHugh, $177,000

Carlisle St., 308 & 318: R. Jackson to Pop’s House Inc., $285,000

Chestnut St., 1621: R. & L. Ravenel to B. & L. Young, $30,000

Delaware St., 263: M. Dupree to Wells Fargo Bank NA, $76,747

Derry St., 1152: J. Vogelsong to M. Pena & T. Edison, $40,000

Derry St., 2712: D. Diehl to A. Lorenzo, $102,000

Emerald Ct., 2447: Z. Akbar to S. Waheed to D. Ritter, $83,000

Emerald St., 311: J. Yeatter to H. Santiago Andino, $73,500

Grand St., 912: Summerhill Partners LP to D. & M. MacIntyre, $65,000

Green St., 1003: E. & J. Ireland to M. & C. Kwolek, $96,500

Green St., 1632: C. Frater & R. Valentine to F. & C. DiPeri, $130,000

Green St., 3216: P. Wong to M. Zeeshan & S. Patel, $67,000

Harris St., 416: T. Woodyard to M. Riegel, $104,500

Herr St., 112: C. Chandler to K. Kundratic, $118,500

Hillside Rd., 301: J. Harget to R. & L. Wood, $199,500

Hoffman St., 3114: W. & D. Kersey to R. Pereira Chakka, $95,000

Kensington St., 2101: HT Properties LLC to R. Ramos, $68,000

Kensington St., 2138: 2014 LIMG Real Estate Fund LLC to T. Pitts, $64,000

Logan St., 1719: C. Leman to D. Hemperly, $126,500

Maclay St., 248: D. Bowermaster to S. Melville, $53,500

Manada St., 1914: W. Fischer to T. Pitts, $55,000

Mercer St., 2442: P. & B. Huepenbecker to Lynn & Ryan Investment Properties LLC, $34,000

North St., 262: TJC East Properties LLC to Spuntina LLC, $235,000

N. Front St., 325 & 327: Pars Real Estate LLC to Askay Properties LLC, $505,000

N. Front St., 1007, 1115: Industries for Pennsylvania to WCI Partners LP, $452,000

N. Front St., 1525, Unit 411: A. Hoffman to J. & E. Badeaux, $195,000

N. Front St., 1525, Unit 507: T. & P. Avant to S. Kolesar, $100,000

N. 2nd St., 815: Bricker Boys Partnership to J. Ehring, $120,000

N. 2nd St., 1208: T. Chang to A. Calvano, $110,000

N. 2nd St., 1301: J. Schlegel to H. Rothrock, $99,800

N. 2nd St., 1915: C. Benkovic to Apple Tree Community Development Co., $110,000

N. 2nd St., 2241: K. Shubert & L. Christopher to E. & S. Lawrence, $179,900

N. 2nd St., 2719: W. & C. Gosnell to J. MacDonald, $212,000

N. 2nd St., 3225: A. Dillon & C. & D. Kenes to M. Letterman, $104,000

N. 4th St., 2545: P. Roebuck to C. Plaines, $56,970

N. 5th St., 3000: J. & E. MacDonald to M. Evans, $120,000

N. 5th St., 3205: D. Schade to J. Rodriguez & I. Ramos, $105,000

Paxton St., 1630: S. Selimovic to C. Bruno, $33,000

Penn St., 1701: J. Allen to J. Chrisemer, $130,400

Penn St., 1927: WCI Partners LP to A. Griffith, $135,000

Pennwood Rd., 3120: J. Mohler & J. Suter to C. Brubaker, $133,000

Pine St., 116: Metro Bank Property Management Inc. to River and Pine LLC, $1,200,000

Pine St., 124 and 111 Barbara St.: Keystone Service Systems to River and Pine LLC, $1,000,000

Reily St., 209: J. Pamula to E. Fry, $137,000

Rudy Rd., 2459: J. Archie to A. Burno, $46,500

Rumson Rd., 2920: W. Quezada & M. Cedeno to W. & D. Illanes, $30,000

S. 13th St., 348: R. Eisner & T. Lippi to M. Ortega, $47,500

S. 16th St., 340: B. & R. Van Wyk to C. Okegue, $94,900

S. 24th St., 608: R. Lawson to D. & A. Hoyt, $145,000

S. Cameron St., 1058: JWM Associates LP to MSJC Inc., $268,000

S. Front St., 711 & Hanna St., L2A, L3A: P. Moore to S. & D. Moffett, $193,000

State St., 1342: M. Lamereaux to R. Miles, $43,000

State St., 1410: R. & A. Sharp to S. Kochis, $78,000

State St., 1626: Deutsche Bank National Trust Co. Trustee to Harrisburg Homes Investment LLC, $34,344

State St., 1800 & 1802: CNC Realty Group LLC to Harrisburg Electricians Joint Apprenticeship & Training Trust Fund, $400,000

Swatara St., 1947: N. Williams to M. & T. Price & J. Seigle, $99,900

Verbeke St., 202: D. Michael to B. Hamilton, $96,000

Verbeke St., 234: J. Dixon to M. & M. Mumper, $178,000

Woodbine St., 226: Bank of New York Mellon Trustee to Axxess Creations LLC, $41,900

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Another Loss: Long-time owner gets OK to demo 2 blighted buildings in downtown Harrisburg

HARB last night gave permission to raze these two buildings in downtown Harrisburg.

Another slice of historic Harrisburg seems fated for the wrecking ball, as a long-time property owner has received permission to raze two small downtown buildings.

By a 4-1 count, the Harrisburg Architectural Review Board (HARB) last night voted to allow retired area attorney Gilbert Petrina to demolish 512 and 514 N. 2nd St., a commercial building and an apartment building, respectively, that he has owned for at least 35 years.

Petrina’s son, Gilbert Petrina Jr., attended the meeting, saying that his father, who is in his 80s, was too ill to attend.

The younger Petrina told the board that he and his father wished to tear down the buildings, following receipt of a city condemnation notice for the long-vacant properties.

“My goal is to get these down as quickly as possible,” Petrina said. “They’re a blight. They’re a hazard.”

Several board members pointed out that the properties were blighted only because they had been neglected for so long by the owner.

“I’m disappointed the properties have reached this point,” said member Jeremiah Chamberlin. “Ten years ago, they would have been restorable.”

Chamberlin, who lives nearby, pointed out that, over the years, several people had tried to buy the buildings in order to save them, but Petrina was not responsive to those overtures.

“I don’t know why my dad held onto them,” the younger Petrina said.

Indeed, the buildings are in terrible shape, with broken windows, boarded-up back ends and a distinct lean.

Attorney Jeffrey Clark, who owns the building next door, said he fears the buildings could collapse, damaging his property.

“The building is a complete blight,” he said of 512 N. 2nd St., a late 19th-century, two-story, 1,500-square-foot commercial building. “It’s a fire hazard, it’s a safety hazard, and it’s an aesthetic nightmare.”

The second property, a three-story, circa-1920 apartment building, larger at about 2,000 square feet, seems to be in slightly better condition.

Petrina said that, someday, he’d like to build a new structure on the site. Until then, he proposed using the lots for parking and said that he already had interest from the Pennsylvania AFL-CIO, which occupies the historic Gannett Fleming building on the opposite corner. He said he hoped that parking revenue would help offset the cost of the demolition.

That proposal led to pushback from both residents and the city.

Several members of the neighborhood group, Capitol Area Neighbors, were in attendance, and they objected to any proposal for another surface parking lot.

“When we get more temporary parking, people get used to it and keep it as temporary parking,” said member Kathy Speaker MacNett. “I don’t want more property to become parking.”

Assistant city Solicitor Tiffanie Baldock said the city could not allow additional commercial parking in that area anyway because doing so would violate its agreement with Park Harrisburg/SP+, which runs the parking system under a long-term lease with the city.

“From the city’s position, a temporary parking lot would not be possible,” she said.

Nonetheless, Petrina, who lives in Virginia, said he still would proceed with the demolition and reiterated that, someday, he hoped to build on the site, though he lacks a plan to do so. He said that he wanted to start demolition as quickly as possible and told his engineer, who attended the meeting, to solicit bids.

“I just need it down flat, and we can go forward from there,” he said.

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