Leetsdale officials to use eminent domain to acquire VFW Post's parking lot for public Henle Park spaces

Leetsdale officials plan to use eminent domain to acquire the borough’s Veterans of Foreign Wars’ parking lot.

Council recently approved advertising an ordinance declaring its intentions to take the 36 off-street parking spots at 515 Beaver St., also known as Leetsdale VFW Post 3372.

The plan is to use those spaces for public parking for nearby Henle Park, the borough’s major green space and home to the splash pad and a lot of community events.

The proposed ordinance states the borough could use eminent domain “or other methods” to obtain the property.

Those other methods could include lease agreements or other deals reached between the borough and the VFW.

Eminent domain allows governments to take private property even if the owner does not want to sell. State law prohibits its use for private business.

The law also states that the taking of private property can be done for public use “in return for just compensation.”

Borough solicitor Dan Conlon declined to discuss what that compensation might be, citing attorney/client privilege.

Allegheny County property records list the VFW building as having an assessed value of $197,800 and its land at $76,700.

“This is not a grab of a parking lot,” Conlon said. “This is going to be a negotiation to hopefully work out a solution (with the VFW).”

The intention declaration is one step in what could be a long and tedious legal process.

“Henle Park is a long-standing community facility used by residents and visitors for recreation, public gatherings and borough-sponsored events,” according to the proposed ordinance. “The provision of accessible and sufficient parking in proximity to Henle Park promotes public safety, supports the orderly flow of traffic on borough streets and enhances the public’s ability to utilize and enjoy the park and other nearby municipal facilities.”

The ordinance goes on to state that taking the lot is “necessary and proper for the recognized public use and for the health, safety and general welfare of the residents of the borough of Leetsdale.”

Post Cmdr. Bill Davis sees it differently. He believes the borough wants to seize land from veterans.

“People who fought for this country own this property,” Davis said on Nov. 25.

He said he was “blindsided” by the declaration and not directly contacted by any borough official about it.

Instead, Davis said, he learned about it from his district commander, Rich Stefanik, who received a letter from the borough’s legal team.

“I don’t like the idea that they think they can take this parking lot,” Davis said.

John Getz Jr., state adjutant for the VFW Department of Pennsylvania, said legal help is available for the local post if it is requested. He declined to comment specifically on the parking issue.

Davis said he does plan to reach out to the department for support.

Post 3372 Quartermaster Quentin Milliner said coming to the negotiating table instead of going through the courts would be a better move for both parties.

“That would be a good first step,” Milliner said on Nov. 25. “All you got to do is work with us.”

Council Vice President Osman Awad said he made an offer to the VFW within the past few years to use the lot during the summer months so people could have easier access to the splash pad.

Awad said the deal would have been for about $700 a month, but Davis refused.

“We offered the guy money to rent the place for three months,” Awad said. “He refused. We (want to) accommodate the people to come to the water park. We got a program with the YMCA. We got a program with the library. We’re trying to solve a problem.”

Davis and Milliner said they did not recall any such proposal.

How we got here

The back and forth between the borough and the VFW over parking has been going on for quite some time, according to officials from both parties.

Parking and property line disputes intensified earlier this year following the installation of two Americans with Disabilities Act parking spaces near the VFW.

The borough had installed ADA spots last year near the War Memorial on the opposite side of the park.

Both projects were designed to increase park accessibility and were paid for through grants.

The VFW put concrete barriers near the ADA spaces, making them difficult to access. There are multiple concrete and plastic barriers in a row, less than a foot inside what VFW officials said is their property line.

Post leaders said earlier this year that the barriers were there to help protect the lot, which has posted signs notifying drivers that VFW parking is only for members and guests. They were still there as of presstime.

Both the borough and the VFW had the estimated 20,000-square-foot lot surveyed. There are white markers at the site identifying the property line.

There is limited on-street parking across from the park along Ferry Street and no on-street parking next to the park on the Beaver Street side.

Seeking legal action

Council in October authorized its solicitor to explore all legal options pertaining to Henle Park parking.

Council President Maria Napolitano said after a thorough review, using the VFW lot was the only option.

“The offer to purchase the parking lot includes a license for VFW to continue using this public parking for their own function and business at any time,” Napolitano said. “We have various ways at our disposal, including possible grant funding, to improve and beautify that area with additional paving, markings and lighting. The arrangement that is being sought right now is mutually beneficial.”

When pressed about whether taking the parking lot was the only legal option the borough considered since the October meeting, Napolitano said officials reviewed borough maps and evaluated the area, as well as other communications with the VFW.

She cited the significance of not infringing upon the park’s green space, or paving paradise to put up a parking lot.

“We examined other things,” Napolitano said. “Through the comprehensive plan, we learned that protecting green spaces was very important to residents. … I’m confident that a mutually beneficial arrangement can be reached.”

Davis had an alternative solution to Henle Park parking problems.

“Cut a couple of trees down and build your own parking lot,” he said.

The ordinance is available for review at the borough office. Its formal adoption is set for Dec. 11.

The public will have an opportunity to comment on the issue at the meeting before council’s vote.