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The Germantown Conservancy, Inc. is a 501(c)(3) nonprofit community development corporation organized February 6, 2009 to effectuate proceedings in the 12th (Lower Germantown), 59th (Upper Germantown), 22nd (Mt. Airy) and 9th (Chestnut Hill) wards of northwestern Philadelphia, historically known as Germantown, through receivership proceedings under Act 135-2009, the Abandoned and Blighted Property Conservatorship Act, 69 P.S. 1101-1111. Act 135 is similar to receivership laws in other states, notably Ohio .

Pennsylvania Conservancy Law

Act 135 of 2009 was signed into law November 26, 2008 by Governor Ed Rendell and became effective February 24, 2009. Act 135 seeks to abate public nuisance, the unreasonable or unlawful use of property that causes damage, injury, inconvenience, or annoyance to another in enjoyment of his reasonable right. Kramer v. Pittsburgh Coal Co., 341 Pa. 379, 381, 19 A.2d 362, 363 (1941). However, an Act 135 proceeding is not a real estate taking, Commonwealth v. Barnes & Tucker, 455 Pa. 392, 418-419, 319 A.2d 871, 875 (1974); as it is not exercising the state’s eminent domain power to take property for public use, but the state’s police power to regulate property to promote public health, safety and welfare. Hill v. City of Bethlehem, 909 A.2d 439, 444-445 (Pa.Cmwlth 2006) appeal denied, 592 Pa. 775, 926 A.2d 443. Act 135 "allows a court to appoint a conservator to rehabilitate a deteriorating building, thereby incurring debt that may ultimately be the owner's responsibility. The conservator is responsible for bringing buildings into municipal code compliance when owners fail to do so. The act's purpose is to prevent demolition of deteriorating structures. [A] property owner who wants to participate and contest the petition must petition the court for permission to intervene - an owner is not automatically included in the proceedings.” Pepper Hamilton LLP Real Estate Update

Current Litigation Status of Conservancy's Act 135 Petition

The Germantown Conservancy is currently litigating on appeal in the Commonwealth Court the Philadelphia Common Pleas's violation of Pennsylvania Rule of Civil Procedure 239(f) in dismissing sue sponte the Conservancy's multiple-property petiion. The Conservancy initially attemped to file its petition September 16, 2009 and thereafter on September 17, 2009. On petition for review in form of writ of mandamus to the Commonwealth Court, filed September 30, 2009,, the matter was resolved by the City of Philadelphia conceding the court could not refuse the initial filing of an Act 135 petition. When the Conservancy filed its petition on October 26, 2009, the court immediately rejected it because of the President Judge's recently promulgated local rule prohibiting multiple-party petitions.

Primary issues

The gist of the controversy is the Conservancy's insistence on multiple property petitions, which has been criticized by some, including the Housing Alliance of Pennsylvania,, while held as generally accepted practice by others, including University of Baltimore Law Professor James J. Kelly,

Conservancy Plans for Germantown

The Germantown Conservancy's Preliminary Plan filed with the court, as amended, focuses its attention on the 12th Ward (Lower Germantown) and works upward on the regions' major corridors - Germantown Avenue and Wayne Avenue - to include the 59th Ward (Upper Germantown) and part of teh 22nd Ward (Mt. Airy).

Organization and Board of Directors

The Germantown Conservancy is a 501(c)(3) community development corporation and is a member of both PANO, the Pennsylvania Association of Nonprofit Organizations and PaCDC, the Philadelphia Association of Community Development Corporations. The Conservancy's board of directors consists of designees from other civic, community development, historical preservation and similar organizations, plus each of the Democratic and Republican ward executive committees, to assure a broad cross-section of community stakeholders.

Hon. Peter J. Wirs, Co-Chairman and Acting Executive Director

Peter J. Wirs, Co-Chairman and Acting Executive Director represents the 59th Republican Ward Executive Committee. Wirs was formerly the State Constable for the 4th Ward of the City of Harrisburg and is the author of the forthcoming, multi-volume treaste Goverment Ethics, Accountability and Productivity (Nov. 2010).

Pamela Bracey

Pamela Bracey represents Southwest Germantown Neighbors.

Professional Advisors, Auditors, Counsel and Contractors

The Germantown Conservancy has assembled a "blue ribbon" team of professional advisors to assist in its conservatorship.

Design Architect

John Milner Architects, Chadds Ford PA and Philadelphia is among the nation’s preeminent architectural firms specializing in the restoration and adaptation of historic buildings and design of new buildings, primarily residences, which reflect the rich architectural traditions of the past. The firm’s work has been recognized in multiple national and internationally circulated architectural reviews, etc., and received the 2009 Arthur Ross Award in Architecture for Excellence in the Classical Tradition from the Institute of Classical Architecture and Classical America; the 2008 Silver Medal by AIA Pennsylvania and the 2009 Grand Jury Award from the Preservation Alliance for Greater Philadelphia. Co-principal, John Milner, FAIA, is past Chairman of the Historic Preservation Board of the Pennsylvania Historical and Museum Commission, recipient of James Biddle Award from the Preservation Alliance for Greater Philadelphia for lifetime achievement (2005). Co-principal Mary Werner DeNadai, FAIA, serves on the Board of Partners for Sacred Places and Boards of Directors of Preservation Action (past chair) of Cliveden of the National Trust and of Preservation Pennsylvania (formerly president); past chairman of the Historic Preservation Board of the Commonwealth of Pennsylvania; Trustee Emeritus of the National Trust for Historic Preservation; recipient of Commonwealth of Pennsylvania F. Otto Haas Award (1999), James Biddle Award for Lifetime Achievement in Historic Preservation from the Preservation Alliance for Greater Philadelphia (1997).

Construction Manager

L.F. Driscoll Co. ($385 million annual revenue) is the largest locally-based construction manager in the Philadelphia region and ranks 25th nationally by ENR (Engineering News Review); and also Ranked as one of the “Largest General Contractors in the City of Philadelphia” by Philadelphia Business Journal and 104 for general contractors on the ENR 400. Awards include 2007 Grand Jury Project Award of Preservation Alliance for Greater Philadelphia for the Ruth and Raymond G. Perelman Building in the category Exterior Restoration and Adaptive Re-Use of a Prominent Historic Building; 2006 LEED Platinum certification awarded by USGBC (U.S. Green Building Council) on the construction of a high-performance office building, One Crescent Drive, Philadelphia Naval Business Center, in Pennsylvania; 2006 “Construction Manager of the Year” by Mid-Atlantic Construction Review.

Urban Planner

Claflen Associates, Philadelphia, PA is one of the city’s major urban planners, under George L. Claflen, Jr., FAIA, LEED, AP, who was a tenured professor of Architecture at Temple University where he was chair of the program from 1983-89, former president, AIA, Philadelphia Chapter (1997) elected AIA fellow (1999), founding member of the Design Advocacy Group (DAG) of Philadelphia, member Advisory Board of Design for Philadelphia Redevelopment Authority.

General Counsel

Victor M. Young, Esq., is a partner with Obermayer Rebmann Maxwell & Hippel LLP, as member of the firm's Litigation Department, which practice includes real-estate development. Founded in Philadelphia in 1904, Obermayer is one of the region's most respected law firms.. Mr. Young concentrates in the area of commercial litigation where he represents banks, insurance companies, real-estate developers and other business entities. Mr. Young received his Bachelor of Science degree in business administration from the University of California at Berkeley. He was awarded his Juris Doctor from Villanova University School of Law, Villanova, PA. He joined Obermayer in 1988. Mr. Young is immediate past president (1996-1999) former member of the Board of Directors and present member of the Board of Advisors of Center In The Park, Germantown, a center for senior citizens. His other civic activities include: Trustee, Green Tree School in Germantown; member, Frontiers International Inc.; Trustee, Zion Baptist Church in North Philadelphia; board member, Zion Community Center Inc. in North Philadelphia; Secretary and member, Workforce Investment Board of Montgomery County; member, Cheltenham Township Citizens Advisory Committee; Convener, Advisory Committee on Employment of Minority Staff, School District of Cheltenham Township; and member, Cheltenham Township Economic Development Task Force. Mr. Young is a member of the New Majority Council of the Montgomery County Republican Committee, as well as the Philadelphia, Pennsylvania and American Bar Associations. He is named as one of Pennsylvania’s “Super Lawyers” as listed in both Philadelphia magazine (June 2006) and the Law and Politics Magazine, “Pennsylvania Super Lawyers 2006” edition. He is admitted to practice in Pennsylvania, the U.S. District Court for the Eastern District of Pennsylvania, the U.S. Court of Federal Claims, the U.S. Court of Appeals for the Third Circuit and the U.S. Supreme Court.

Tax Counsel

Valentino F. DiGiorgio III, Esq., is a partner with Stradley Ronon Stevens & Young, LLP as chairman of the firm’s public finance practice group and a member of the firm’s Government and Public Affairs Practice Group. Stradley Ronon, an major, a 80-year old firm, represents underwriters, credit enhancement providers, trustees and various types of borrowers, including governmental entities, 501(c)(3) organizations and manufacturers.. As co-chair of the firm’s Public Finance Practice Group, Val DiGiorgio’s practice focuses on commercial lending and tax-exempt financing for 501(c)(3) entities, governmental units and other entities. He has served as bond counsel and has represented governmental issuers and authorities, letter of credit providers, underwriters and borrower in dozens of tax-exempt financings with an aggregate value in excess of $1.5 billion. Mr. DiGiorgio has served as the firm’s lead attorney in sophisticated and complex transactions ranging from financing for large corporations and universities to acquisitions by commercial banking clients. These transactions often require the resolution of an array of real estate, credit and tax issues. In 2005, Mr. DiGiorgio was elected to the position of controller of Chester County, Pa., for which he is currently serving a four-year term. He also serves as solicitor for Uwchlan Township Industrial Development Authority (IDA) in Chester County. The IDA serves as a conduit borrower for tax-exempt borrowings and bond issuances on behalf of nonprofit entities and manufacturing companies. Mr. DiGiorgio is a member of the Chester County Republican Party’s Executive Committee.

Treasurer and Chief Financial Officer

William P. St. Clair, CPA, is a shareholder in St. Clair CPAs, P.C. founded in 1999, now one of the Philadelphia region’s leading accounting and financial consulting firms, providing multi-disciplined services. The firm has passed peer review seven times, the last free of any comment. The firm has major speciality in construction industry, including general contracting, construction management and subcontractors.

Syndicator

National Trust Community Investment Corp. (“NTCIC”) , Washington, D.C., is a for-profit subsidiary of the nonprofit National Trust for Historical Preservation. NTCIC makes equity investments in real estate projects that qualify for federal and state historic and New Markets Tax Credits. Its focus is on projects that have a high economic impact on the surrounding community. Since its inception in 2000, NTCIC has placed more than $322 million in 63 properties ranging in total development cost from $500,000 to $105 million. NTCIC pioneered the "twinning” of historic tax credits and New Markets Tax Credits (NMTC's) in 2003, was the first “Community Development Entity” (CDE) to sign a NMTC allocation agreement, and the first to report a Qualified Equity Investment to the CDFI Fund of the US Treasury. It has closed more twinned transactions than any other NMTC allocatee. In addition to providing additional NMTC equity to projects through its own allocation, NTCIC helps developers find NMTC allocations through its National Trust New Markets Brokering Service. NTCIC is the historic tax credit industry's leading advocate for improving and expanding the use of federal and state historic tax credits. NTCIC President, John Leith-Tetrault, is the Chair of the Historic Tax Credit Coalition. It is a member of the board of the National New Markets Tax Credit Coalition, the Novogradac & Co. New Markets Working Group and the National Housing & Rehabilitation Association's New Markets Steering Committee. NTCIC’s primary investment partners have been Bank of America, US Bank and Chevron Texaco. NTCIC also has a close working relationship with Tax Credit Capital's (TCC) Small Deal Fund. NTCIC will provide tax syndication in part through The National Trust Community Investment Funds (NTCIF) syndicate which consists of single-investor funds with major US corporations that invest in historic and New Markets Tax Credits as a continuous line of business, NMTC brokerage, initial deal structuring and tax credit estimates (legal structuring advice and tax credit value estimates for properties on which NTCIC intends to issue a term sheet), and asset management and reporting.

Financial and Compliance Advisor

Novogradac & Company, LLP, San Francisco, CA is a nationally recognized leader in NMTC and HTC programs, in addition to its expertise in the Low-Income Housing Tax Credit (“LIHTC”) and renewable energy credit industries. The firm maintains clients in a broad range of industries with a major emphasis in real estate and the community development arenas, providing publicly and privately held national enterprises with a full spectrum of audit, tax, valuation, trust and litigation support and general consulting services. Novogradac partners are frequently published, and are the authors of the New Markets Tax Credit: a Program for Community Renewal Handbook, Historic Rehabilitation Tax Credit Handbook, Community Reinvestment Act (CRA) Manual, Tax Credits and Assisted Living: A Resource Manual, Low-Income Housing Tax Credit Handbook, The Passive Activity Rules, the Low-Income Housing Tax-Exempt Bond Handbook, and the LIHC Monthly Report, monthly newsletter providing news, information and technical support to the LIHC industry. The firm has co-authored and financed a LIHC compliance monitoring software with a large national software developer. Novogradac will provide financial forecasting including forecasted sources and uses of cash, net operating income, taxable income, summary of tax benefits and estimated tax credits and list of significant assumptions; verification and Internal Revenue Code compliance; and annual audit of the NMTC/HTC entities.

External links

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