COBBLE-STOLEN?
by Ron Harper, Jr.
Friday, 9 May 2008
By Ron Harper, Jr. Lancaster Post
The Senator wasn't trying to hide anything.
"Look on Google; you can see the circle in my back yard," said an excited
Sen. Gibson E. Armstrong over the phone.
The chairman of the state senate Appropriations Committee was talking about the bricks that were used for his circular
backyard patio at his home in Refton. But these aren't just any bricks.
They are expensive, historic, 'Belgium block' bricks, and they belonged to
the city of Lancaster.
According to the relevant section of the Pennsylvania Third Class City Code: "No city personal
property shall be disposed of by sale or otherwise except upon approval of
council by ordinance or resolution."
Since 1874, when the Philadelphia and Reading Railroad Company built a
depot, until Clipper Magazine Stadium was built, the beautiful Belgium block
covered the ground east of the 600 block of North Prince Street. The 131
years of history had worn them smooth until they were dug up in 2004 to
build the stadium. So just how did the historic cobblestone get eight miles
south to the 64 year-old Armstrong's personal residence?
More importantly, did Armstrong acquire them legally?
Armstrong was adamant that he hadn't done anything wrong in getting the stones
for nothing, and insisted that he "found the blocks" and rescued them.
"I've never taken anything unauthorized in my life - not even a postage
stamp! And for you to say that I am self-dealing something you are way off
base, but you'll make a story about it. "
"What were they going to do with them?" he continued. "That was just part
of them. There was a whole bunch of them back there. They were going to
bulldoze them. Too much trouble for them. They didn't have any place to go
with them. "
"He [presumably the contractor at the stadium] called me and said, 'You
gotta get them out today.' I couldn't get them out. I was in session. So I
called [former city Mayor] Charlie [Smithgall] and he got them. That's
the gospel. Now if you are going to try to discredit me by saying I am
stealing cobblestones you are way off base."
Smithgall, in a phone interview, told the Post the city was looking for Belgium block for Musser Park and that Gib found some, asking only for 100-150 blocks for himself.
"I don't know where he found them." Smithgall said, "but getting those stones
for free was worth the expense of having the city trucks hauling them. He
did us a favor, so giving him those blocks were worth it - those blocks are
very expensive and they are lining Musser Park."
Randy Patterson, the former head of the county redevelopment authority which
owns the stadium, explained that the train depot's historic bricks were
given to the city for use in other city projects (a similar provision in
the third class county code provides for these inter-municipal transfers).
Trucks hauled the stones to Pitney Road, not far from Arthur E. Morris
Parkway, where they were piled up until they could be used.
Did Smithgall have the authority to give city property away? Current city
solicitor, Robert Pfannebecker, declined to comment on the situation because
he was not the solicitor during this 2004-05 period, but explained that
Pennsylvania Third Class City Code talks of "disposal of personal property"
and what the procedure is for getting rid of something like the stone.
What about city council's statutory role in Smithgall's gift of stone to the
senator? City Clerk, Janet Spleen, was unaware of the "stone issue" and
affirmed that city council hadn't even discussed the issue.
Further, the same law demands that the city receive bids for the property
before getting rid of it.
But are the stones even worth anything? City of Lancaster Superintendent of
Parks & Public Property, Doug Fuhrman, said that the Belgium block were also
used in the remodel of the Musser Park, and that the remaining stones were
behind a locked fence to prevent them from being stolen. Another city
worker said the Musser Park Association was so pleased with the historical
stones that they are planning to use the inventory throughout the East
Chestnut city park. Rolling Rock Building Stone in Boyertown, PA sells a
similar used stone that were on the streets of Philadelphia for $5.51 a
piece.
Armstrong's Belgium block patio addition to his 108+ acre property worth
$1.5 million is not the only piece of the city he now owns. "I try to get
something for every project I am involved with," Armstrong explained. "I
even have brick that's from the road that was dug up by the Watt & Shand. I
had Dale High get it for me. When F & M tore down the Armstrong building I
had them save some of the brick for me. I even have stuff from 25-30 years
ago"
Armstrong strongly defended his actions and insisted he acted ethically,
"You can ask Charlie - I even told Rick Gray, I even told the lady in there
that if there is a delivery fee for my portion of those stones from the
stadium out to the Pitney Road, I'd be more than happy to reimburse you for
the cost of transporting the Belgium block that I put on my patio."
Did the taxpaying public have the same opportunity as Armstrong to get the
stone? Why are the remaining stones behind a locked fence when Armstrong
claimed they have no place to put them? According to Armstrong, he got the
phone call during the construction of the public's baseball stadium. Why
didn't they call the mayor about taxpayer property?
In addition to the city code, Armstrong is required to follow the
Pennsylvania State Ethics law which requires that he report any gift worth
over $250, so the $500+ value of these stones would exceed that threshold. A
check of the senator's ethics forms show that he failed to reveal this gift.
Train Station Photo from the Lancaster County Historical Society, Jack Denny Collection - used with permission.
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