let’s talk about cvs (follow-up)

I wrote about CVS on November 5th, 2021. I also contacted corporate…all of the way up the food chain to the big kahunas like Karen Lynch and Shawn Guertin. As a matter of fact, here are the email addresses so anyone can write to them:

Karen.Lynch@cvshealth.com

Neela.Montgomery@CVSHealth.com

Michelle.Peluso@cvshealth.com

ExecutiveOffice@cvshealth.com

Jared.Tancrelle@cvshealth.com

Teresa.Carter@cvshealth.com

Matthew.Blanchette@cvshealth.com

Shawn.Guertin@CVSHealth.com

At first the email set off a flurry of corporate responses including from Michelle Peluso who apparently just got a giant promotion as per CVS spin doctors:

Prem Shah has been named to the newly created role of Chief Pharmacy Officer and will oversee the omnichannel pharmacy strategy, effective immediately. On January 1, 2022, Shah and Michelle Peluso will become Co-Presidents of CVS Health’s retail business, with Peluso overseeing front-store strategy and operations. Shah joined CVS Health in 2013 and is currently Executive Vice President, Specialty Pharmacy and Product Innovation. Peluso joined CVS Health in 2021 as Executive Vice President and Chief Customer Officer.

~ CVS 11/18/21

Michelle Peluso is one of the ones who responded to my initial email. Assured me everything would be ok. Here is what she said:

Hi – I’m Michelle Peluso, our Chief Customer Officer, and clearly, your experiences are not at all in line with the service we aim to provide. You have my sincerest apologies. Our senior care team will reach out to make sure we quickly resolve your and your husband’s medications, and equally, our head of Store Operations, Jared, also copied, will look into what is going on in those stores and how we fast improve. I will stay close to this until we get this resolved.

~ email reply November 5, 2021

Ok so I am trying to be patient, we are all trying to be patient. They have a new District Manager who is working her tail off. Customers are being terrible to her, CVS employees locally are not being much better. Our store in Frazer, PA is closed because they have to fix a broken system and bring in new pharmacists. It’s a shit show. I don’t like cursing on my blog but it is time to call a spade a shovel here.

Adding to this problem is although it should be easy peasy to move a prescription unless narcotics or a very specific list of meds, but it’s not. My husband (for example) tried doing it via the CVS website, and gave up in frustration after an hour. He needs refills within a couple of days. His prescriptions was what started me down this rabbit hole in the first place. That and my inability to get my prescriptions filled and they are supposed to be on automatic refill.

Well today, I did a pill count for my prescriptions and looked at the calendar. I have received only text messages from CVS as of November 10th that my store was closed. So I called to refill my prescriptions. First I get the message my prescriptions will be refilled automatically on November 21. That was at 5:45 PM today…,November 21st. I don’t even know where my prescriptions are, and shouldn’t I be able to choose where my prescriptions go? It’s super freaking frustrating.

Once again a WTF moment, CVS. And Ms. Peluso are you staying close? Have you been down here to our neck of the woods or are you just there in the Woonsocket, Rhode Island gilded corporate tower counting the additional shekels that you will undoubtedly receive with your promotion? Well, we the consumers are watching and all we see is the news on CVS.

CVS is closing 900 stores, and the big winner is Dollar General
By Nathaniel Meyersohn, CNN Business November 19, 2021

INC: CVS Isn’t Closing Its Doors–It’s Becoming The Company It Set Out To Be Nearly 60 Years AgoThe death of the pharmacy’s retail stores as we know them is the birth of a whole new business
BY KELLY MAIN, WRITER/ADVISER
@THEKELLYMAIN

CVS had every advantage, but it lost the pandemic. Here’s what happened
By Nathaniel Meyersohn, CNN Business
Updated 2:10 PM ET, Sat November 20, 2021

I spoke to another friend who is out of her meds and she’s super worried about her husband’s meds, because they are diabetes related and well if you screw with those, someone could die right?

A woman in West Chester posted this evening on Facebook a simple question: “Are there ANY CVS stores with a functioning pharmacy?”

I can’t disagree.

Another friend tried registering for a COVID test in advance of Thanksgiving travel, and the CVS’ COVID test scheduler was apparently hacked.

Oh yeah, I have screenshots CVS, including from Twitter where the CVS hate is real. Many people do NOT have a choice as to where they can get prescriptions filled, and many can’t get prescriptions mailed which of course lends itself to the topic of how bad USPS is could you trust the prescriptions to make it to you?

Personally I think part of the problem here is the Aetna and CVS love err corporate connection which makes them joined at the proverbial hip. Aetna sucks. Had Aetna for years for health insurance and went through breast cancer with Aetna not wanting to pay for quite a bit. You have a lot of Aetna fat cats who are still on CVS payroll.

CVS we are TRYING a to be patient here, but I think things are so bad that y’all need to get your corporate asses down from Woonsocket and into these local stores here and everywhere. You need to support your employees, including the district and regional managers. You need to support your customers. We need more than polite platitudes. We need to be able to just get our prescriptions without having to keep raising unholy hell to do so.

CVS I will keep writing until this broken system of yours is fixed.

life in a modern pandemic

We have been here in pandemic land before. Spanish Flu 1918. I remember being told as a child how it killed a lot of my maternal grandfather’s family.

It’s oddly prophetic that this past fall an exhibit at the Mutter Museum in Philadelphia opened about the last Philadelphia area pandemic called “Spit Spreads Death: The Influenza Pandemic of 1918-19 in Philadelphia”

We are all being introduced to coronavirus. Our pandemic for modern times. A reminder that while we have come so far in many aspects in society, we as humans are still vulnerable to disease and pestilence. Hunker down, it’s a global pandemic. Literally.

Now we know why things like the St. Patrick’s Day parade in Philadelphia is cancelled. In Philadelphia pretty much all big events are being cancelled. All colleges and universities seem to be going to virtual/online learning modes and emptying schools. Some school districts are closing schools. This is also why annual traditions to us in Chester County like the Chester County Antiques Show which was to open tomorrow with a special preview party.

I received notice of other things being cancelled that I was attending. My friend Andy King had a show scheduled at The Living Room in Ardmore. He’s been postponed until June, and the venue is closed until May 1st . A pop-up dinner by Peachtree Catering we were going to at the end of this month is also postponed indefinitely.

Last night it was announced flights from Europe weren’t coming to the U.S. for 30 days – a 30 day ban starting Friday I think it is. Ban thus far doesn’t extend to the U.K. as of now. Unless passengers were U.S. Citizens or U.S. Permanent Residents. Residents returning to the U.S. will be expected to self-quarantine upon return for about two weeks. It’s all very confusing, even to CNN.

Our financial markets are having big time issues. The U.S. markets have always been driven in part on emotion, and it’s 2020 but starting to feel like 2008. And people can weather that, what we don’t want is 1918.

I was doing a little gardening event and that is being postponed too. I can’t help it. I am still a cancer patient, which means I am in that lovely class of the immunocompromised. We are all supposed to practice social distancing – AKA minimizing close contact with people. According to the Philadelphia Inquirer:

Those precautions involve “social distancing,” meaning minimizing close contact (defined as within 6 feet) with other people. While big gatherings increase the risk that lots of people could be exposed to infection — especially events where cheering could mean saliva flying — there may be no safety in small numbers.

“There’s no threshold. This is a time when if you’re invited to a dinner party with five people, you should say, ‘No thanks,’ ” said Carolyn C. Cannuscio, a social epidemiologist at the University of Pennsylvania’s Perelman School of Medicine….Cannuscio at Penn was dismayed by city officials’ implication that gatherings of fewer than 5,000 are low risk.

“They need to walk back that number,” she said. “That number will be talked about in public health classes for decades to come. Everybody is vulnerable to making mistakes in communications, but I want our leaders to recognize that we need to reduce social contacts. I know I might sound hysterical, but I recognize the public doesn’t understand the importance of social distancing.”

People, for the time being, it’s time to practice our nesting instincts and just stay home and enjoy each other’s company. Even Broadway, yes as in New York City, is going dark for a couple of weeks:

People are bitching left and right because things like NCAA March Madness is CANCELLED to live audiences. The tournament will go on, but the teams will be playing for the ghosts in the stadiums only. The NBA has suspended it’s season altogether. The NHL has suspended it’s season and MLB is delaying opening day.

This is actually no joke, yet on social media I see otherwise intelligent people saying that coronavirus is a “liberal conspiracy”. Seriously.

I am not in the mode of panic, but honestly? I am concerned. It’s taking people down in Europe and elsewhere and there seems to be no solution. It seems like pandemics before it, it must run it’s course?

Of course what also bothers me is we are still ill prepared for these disasters. Today Governor Tom Wolf basically started the wheels turning for PA shutdown. Montgomery County in particular on lockdown.

But what really gets me other than the mass confusion is how will this affect small businesses and hourly workers? Our economy is not as dandy as everyone would like to play make believe about. A friend of mine with a small business recently posted the following:

Governor Tom Wolf…now that you have taken our kids out of school, how are you going to help all the parents who work full time and have to work full time but have kids in school?
How are you going to help small businesses who have moms or dads as employees and now they can’t come to work?
What are you doing for the 1,000,000 small businesses in PA that are losing work but still have to pay mortgages, bills, employees?

What’s your game plan? You wanted to be our leader and I respect your position…I just need answers on what your are proactively doing for us.

For a lot of us if we don’t work, we don’t get paid. Those in the millionaire category will grumble about their various inconveniences… and survive.

And what about the testing? How do we do it, how do we get them? That seems to be about as clear as mud. HOW do you get a test? Who decides if you should get one? What kind of games will insurance companies play with this? (See Inquirer’s Coronavirus testing in Pa.: state lab is not following CDC guidelines to get more people tested by Marie McCullough, Updated: March 12, 2020- 1:26 PM)

Another thing that bothers me is the Children’s Hospital of Philadelphia Cardiologist who is last media report in really bad shape in the hospital with Coronavirus. I really hope he recovers as he has a family and friends and colleagues who love and care about him. BUT….what the HELL was he thinking? He knew about Coronavirus and he saw patients? Children under the care of a cardiologist? So he’s sick, someone else in his house is sick, and so many schools and school districts had to close because of virus fears and why? Because he saw patients when he came back. He’s a DOCTOR. Shouldn’t he have known better?

Sorry not sorry, it really bothers me.

And oh this:

Philadelphia Inquirer: A Philly teacher had known exposure to a coronavirus patient. The district isn’t notifying parents.
by Kristen A. Graham and Wendy Ruderman, Updated: March 12, 2020- 2:03 PM

A Philadelphia School District teacher gave the grim news this week: A relative had tested positive for the coronavirus, and he had been in close contact with the family member recently.

The Randolph High School teacher informed his students on Wednesday, then the principal sent the teacher home to isolate for two weeks.

What followed was panic: Staff had questions, students had questions, but it seemed no one could provide answers. Students panicked, some donning rubber gloves, many asking if school should be closed. Eventually, most of the student body walked out. But parents were never notified about the close contact the Randolph teacher had with the coronavirus patient.

I am so at sixes and sevens about this. I don’t know what to think. As far as society progresses, we can’t escape the natural correction caused by disease is what keeps floating through my brain. I know, I am being repetitive.

Cancel Everything
Social distancing is the only way to stop the coronavirus. We must start immediately.

MARCH 10, 2020
Yascha Mounk
Contributing writer at The Atlantic

We don’t yet know the full ramifications of the novel coronavirus. But three crucial facts have become clear in the first months of this extraordinary global event. And what they add up to is not an invocation to stay calm, as so many politicians around the globe are incessantly suggesting; it is, on the contrary, the case for changing our behavior in radical ways—right now.

The first fact is that, at least in the initial stages, documented cases of COVID-19 seem to increase in exponential fashion. On the 23rd of January, China’s Hubei province, which contains the city of Wuhan, had 444 confirmed COVID-19 cases. A week later, by the 30th of January, it had 4,903 cases. Another week later, by the 6th of February, it had 22,112.

The same story is now playing out in other countries around the world. Italy had 62 identified cases of COVID-19 on the 22nd of February. It had 888 cases by the 29th of February, and 4,636 by the 6th of March.

Because the United States has been extremely sluggish in testing patients for the coronavirus, the official tally of 604 likely represents a fraction of the real caseload. But even if we take this number at face value, it suggests that we should prepare to have up to 10 times as many cases a week from today, and up to 100 times as many cases two weeks from today…..

The coronavirus could spread with frightening rapidity, overburdening our health-care system and claiming lives, until we adopt serious forms of social distancing.

This suggests that anyone in a position of power or authority, instead of downplaying the dangers of the coronavirus, should ask people to stay away from public places, cancel big gatherings, and restrict most forms of nonessential travel.

Well it’s a good thing I like being home I suppose. But then there is the other thing: you can’t even get food/pantry basics in some places because people are just wiping out stores. Some hoarding and I am sure the people who will re-sell at astronomical levels will surface more and more (Just look at trying to get supplies on Amazon.)

My mother just called me. She lives in Philadelphia. My stepfather had just gone to Trader Joe’s for some basics. Their shelves are literally bare, and not just for toilet paper.

One of my friends has a husband who is very immunocompromised – she’s been buying cases of rubbing alcohol.

What is the right answer? Everything in the US is a study in confusion. To me it feels like a somewhat rudderless ship. (See CNN)

The Philadelphia Inquirer is providing pretty good coverage. So is the New York Times. The CDC has a whole section about coronavirus. But there is so much condradicting and confusing information out there, isn’t there?

Vox has this interesting chart and notes the following:

The Spanish flu of 1918-’19, the most horrific pandemic in modern times, focused mainly on the young. It had biological similarities to a flu pandemic in the 1830s that gave some older people in the 1910s limited immunity.

Most common symptoms in China, up to February 22, 2020

So PhillyVoice had this amazing article in 2018 about the Spanish Flu in Philadelphia:

SEPTEMBER 27, 2018

(Part 1) 100 years ago, ‘Spanish flu’ shut down Philadelphia – and wiped out thousands
Some 12,000 people died after the city held infamous Liberty Loan parade
BY JOHN KOPP AND BOB MCGOVERN

September 28, 1918 was to go down as a great day in Philadelphia.

Some 10,000 people were expected to watch the latest Liberty Loan parade – a patriotic spectacle designed to boost public financing for World War I.

But amid growing excitement that the war was nearing an end, 200,000 people flooded Center City, loudly cheering as thousands of military personnel, industry workers, relief workers, scouts and veterans marched down Broad Street.

That so many people came out astounded the local press, which did not hold back any praise in its coverage. The Philadelphia Inquirer lauded the parade for its pageantry and the enthusiasm of its onlookers, often in flowery prose.

“The energies of the city – its wealth, its brawn, its intellect, its patience, its skill in the works of brain or of hand – these were seen, as they never had been seen before in such a time and under such stress,” The Inquirer wrote in a front-page story. “Yet in every stride and in every voice there was to be seen and heard the first premonition of – victory.”

The Evening Bulletin, published later that afternoon, was more succinct but no less laudatory in its parade coverage. “This is a great day in Philadelphia,” its front page story began.

But tucked deep inside the newspaper was a story about Thomas Harlacker, a 30-year-old city policeman who was one of influenza’s latest local victims. The account, which noted 118 new cases of the disease in the city in the last day, carried a warning that, 100 years later, reads prescient.

“The epidemic is assuming more serious proportions,” the story cautioned, citing a warning by the city’s health director, Dr. Wilmer Krusen. “If the people are careless thousands of cases may develop and the epidemic may get beyond control.”

(Part 2) SEPTEMBER 28, 2018

In 1918, Philadelphia was in ‘the grippe’ of misery and suffering
The dark days of influenza epidemic: bodies piled up with no way to bury them

BY BOB MCGOVERN AND JOHN KOPP

It was the best of times, it was the worst of times,” Charles Dickens wrote in 1859.

Nearly 60 years later it was an apt description of life in Philadelphia.

World War I was winding down, victory in sight. The city had proudly and vigorously raised millions of dollars to support the local soldiers on the battlefield. The patriotism and excitement was palpable: the boys would be coming home soon.

But in late summer 1918, the city was in “the grippe” of a second wave of a Spanish influenza epidemic sweeping the United States. The city was quickly plunged into misery. Illness and death and decay was everywhere. Dread and despair tormented the living. Unspeakable indignities visited the dead and alive.

For two weeks in September and October, from the start of the epidemic through some of its darkest days, the city’s newspapers chronicled the misery in the streets of Philadelphia. But they also shared tales of heroism, hope, frustration and evil.

Here’s how the epidemic played out – day by day – for days immediately after the Liberty Loan Parade that many experts say led to the explosion of influenza in Philadelphia. They were some of the darkest days this city and surrounding towns have ever seen.

09282018_police_stricken_headline

We need to learn from the past. But it would help if information wasn’t conflicting or seemed to omit things wouldn’t it?

Government does not want full scale panic.

Hell, no one does. It won’t kill us to practice “social distancing” but we need to live our lives.

And I don’t think individual people should be able to clean stores out of cleaning supplies and more, do you?

No photo description available.
Trader Joes in Tredyffrin. Facebook Photo

I guess there is a reason we didn’t have any snow days with schools this year other than global warming, right? Because snow days are becoming coronavirus days but what of the parents of all these kids being told to stay home? Are we all supposed to stay home?

I was told this afternoon all of the schools and colleges/universities in Ireland had closed down.

Image may contain: one or more people and indoor
ACME market in Paoli. Facebook photo

So our ultimate takeaway? Hunker down I guess.

But I still do not know how I feel about this. Other than don’t hug, don’t spit, and PLEASE wash your hands.

Image result for spanish flu 1918 philadelphia
From PhillyVoice via U.S. NAVAL HISTORY AND HERITAGE COMMAND/VIA LIBRARY OF CONGRESS

this christmas 🎄 , defend what you ❤️ love/support your neighbors 👩‍👧👨‍👧

P.k. Ditty photo

A place where the above photo was shared had a couple of people who left a “laughing” emoji where you can like this post or find it sad or find it angry. To them I say there is nothing funny about this and you don’t have to like every post anyone posts – but at least TRY to be understanding of what other folks not too far away from you are dealing with. It could be your family, your neighborhood, your house affected.

Someone else made a comment about these pipelines and rights of way. Umm land agents and threats of eminent domain for non-compliance with these corporate bullies does not equal a traditional right of way does it?

I didn’t really understand this issue until I moved into Chester County. And while I am blessed that I don’t have one of these things going THROUGH my property, if the Adelphia pipeline comes through I will be in a potential “blast zone” with one of these pipelines either 1030 feet from a corner of our property or 1060 feet. We are also on wells where I live.

I have a friend who lives up the road apiece from me into West Whiteland Township. When she and her husband bought their house no one told them about the pipeline easement on the property. As in it didn’t show up at the settlement table from either realtor. They are barely in their house a hot minute and Sunoco/Sunoco Logistics/Energy Transfer shows up. As it turned out, the people they bought the house from had sold an easement to the pipeline company maybe a year or less prior. Now she has a ticking time bomb in her front yard.

These pipelines are dangerous and they pollute our wells, they are problematic and sinkholes occur because of how they are digging (in disregard for the geological composition of the area), roads have had visible issues in spots and the “plans” for first responders won’t save anyone including them and oh how about they are drilling right next to Goshen Fire Company at Boot and Greenhill in West Chester? What happens if something happens there? Who will save the first responders?

They ARE drilling next to schools, libraries and so on. You may have even driven by a site where they are working and not realized what’s going on behind giant temporary construction walls that to us never seem temporary at this point.

If and when there is an explosion do you think the people on the road driving by are going to be any safer than the rest of us?

And then of course there is the giant fairytale that these companies like to tell everyone which is you’re getting gas, etc because of these pipelines. What is being taken from the ground here and shipped through these pipelines through residential neighborhoods is going overseas. To places like Scotland to make plastic.

And the other fable they like to tell is how this brings lots of local jobs. All you have to do is drive by a site and count the out-of-state plates. And I’m not talking New Jersey and Delaware out of state I’m talking Oklahoma,Texas and so on where the wildcatters are from.

And then there is all the stuff in the news about the constables who were working for these pipeline companies through a security company and not reporting the income or the job on their ethics form for the state. A constable is an elected official and they took an oath and the ones who did this thought it was all ok? (And the Commonwealth Constable Association can write all the letters to the editor they want it doesn’t change what happened and how wrong it was does it?)

My mother, who lives in the city, was stunned at what she saw when we were driving back from a Christmas lunch in West Chester a week ago. She couldn’t believe what she saw and compared it to the issues and conditions with coal mining companies in PA in the 19th century (the Molly Maguires era).

I think we all in this area have to become more informed on what is going on with regard to this issue even if it’s not in our backyard literally.

The above photo was originally posted by someone else with the following:

My neighborhood has been held hostage by Sunoco/Energy Transfer for over 2.5 YEARS now… with no end in sight.

This dangerous export pipeline project claimed eminent domain for overseas plastics production. It carries highly explosive and highly pressurized by-broducts of fracking.

Sunoco continues to cause sinkholes, contaminate private drinking water, drilling mud spills, etc. They are an egregious operator who’s latest illegal tactics include false reports to law enforcement authorities.

We want our backyards back. We want our safety back. We want our clean air & water back. We want our peace & quiet back.

#DefendWhatYouLove

So when this all first started, residents were told “you won’t even notice we’re here.”

Did you know on a clear and quiet day if they are working in a neighboring Township I can actually hear the rhythmic thump thump thump of whatever that machine is they use to move the pipeline along?

State Impact PA has referred to these pipelines as the “risky mystery beneath our feet”.

And then there is the recent incident I find disturbing. The pipeline workers at one Chester County site had residents and people visiting them arrested for walking on a public street in a public neighborhood? Yes you heard me, public street. Not anything but.

And as far as gas explosions go, want to SEE what a gas explosion does to a neighborhood? Check out CNN and their coverage of the deadly explosion this week as in yesterday in South Philadelphia. The Philadelphia Inquirer too.

I will also share what a lovely lady I am privileged to know named Carrie wrote the other day. These are her words and her photo:

#CleanWater is a human right.

We stand in solidarity with our friends David Warren, David Mano, Rosemary Fuller, Erica Tarr, Ralph Blume and many others across Pennsylvania who have had their private well water contaminated by the destruction of the dangerous Mariner East export pipeline project.

#AllIWantForChristmas

In 2010 the United Nations General Assembly explicitly recognized the human right to water and sanitation and acknowledged that clean drinking water and sanitation are essential to the realization of all human rights.* There are many families throughout the United States who are currently living without clean water. Industries, like the fossil fuel industry and other resource extraction industries, have continued unchecked to contaminate our water resources.

There are too many examples of a lack of clean water. Here in Pennsylvania, fracking and pipelines, like the Mariner East Pipeline Project have poisoned people’s aquifers and have left residents to fend for themselves. In fact, some may be drinking poisoned water and they do not know it yet. Leaving individuals and families without clean water is unacceptable. Clean water is our right and we need to hold policy makers accountable.

Two states and only a handful of municipalities have legally established their rights into local constitutions and municipal regulations. For example, in Pennsylvania’s constitution

“The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment. Pennsylvania’s public natural resources are the common property of all the people, including generations yet to come. As trustee of these resources, the Commonwealth shall conserve and maintain them for the benefit of all the people.**”

*Resolution 64/292

**Article I, section 27 of the Pennsylvania Constitution

Thanks for listening and thank you to our founding fathers for our First Amendment Rights.

And in closing please take a minute to read what State Senator Andy Dinniman wrote this week. It’s also on the subject of pipelines and very important and timely.

#savestoneleigh (and photos from the opening)

DSC_4558

On May 8th and May 10th I wrote posts on Stoneleigh in Villanova.  A little far afield from Chester County but so important. I am a supporter and believer in Natural Lands, and then there is a more personal bent.  You see, one of my high school classmates grew up on Stoneleigh. His parents, John and Chara Haas, put the property into a conservation easement in 1996.

The 1996 conservation easement was with Natural Lands. The express wish of Mr. and Mrs. Haas was that the property be preserved for future generations to enjoy. Open space, gardens, and so on.  Now today is Mother’s Day and yesterday at the members preview on Stoneleigh, people were speaking of when Mr. and Mrs. Haas would open up the property on Mother’s Day for people to enjoy.

Here is a photo array to see before continuing with the post here – it takes a while to load – a lot of photos:

This slideshow requires JavaScript.

After Mr. and Mrs. Haas passed away, their children decided to donate the property to Natural Lands, and that happened in 2016.  The conservation easement remains very much in place today, but is now under the stewardship of the Lower Merion Conservancy. Lower Merion Conservancy now is responsible for the annual monitoring.

I think Lower Merion School District is already starting damage control with their eminent domain B.S. given this overly verbose don’t hate us because we are big jerks press release currently on their website. I am more than a little disappointed by former 6ABC  reporter Amy Buckman already. Her predecessor’s press releases were much easier to follow and didn’t word wander, but I digress.

With regard to what is on their website, it is the full on poor pitiful Pearl routine where among other things they say that “LMSD is now the fastest-growing District in Pennsylvania by total number of students over the past eight years and enrollment could surpass 9,500 students in the next ten years.

But do they tell you WHY the district is growing so fast? Do they mention all of the development they have never, ever questioned? And yet, they are making a play for Stoneleigh based on future assumptions, or a possibility?  Call me crazy but they seem to want land for a future not a present need? And why are their needs the problem of Natural Lands and Stoneleigh? Just because it is there?

I have permission from Natural Lands to share some of the history of Stoneleigh so here’s an excerpt:

Stoneleigh’s history dates back to 1877 when Edmund Smith, a rising executive with the Pennsylvania Railroad Company, purchased 65 acres of land in Villanova and constructed a residence there. To shape the grounds, Smith hired landscape gardener Charles H. Miller, who trained at Kew Gardens in England and later served as chief gardener for Fairmount Park.

At the turn of the 20th century, Samuel Bodine, head of United Gas Improvement Company, acquired the property. In addition to building the Tudor Revival style building that exists today, Bodine hired New York landscape architecture firm Pentecost and Vitale to radically redesign the gardens in a more formal, or “Beaux Arts,” style.

Evidently, Bodine was not pleased with the results. In 1908, he retained the Olmsted Brothers of Massachusetts—sons of Frederick Law Olmsted, and the most prestigious landscape architecture firm in the country—to “guide him in the gradual transformation of the place.” Over the next 50 years, the Olmsted Brothers firm returned periodically to Stoneleigh to plan vistas and pathways, establish gardens and terraces, reroute points of entry, select plant species, and transplant trees.

Following Samuel Bodine’s death in 1932, Stoneleigh was subdivided and sold. Otto Haas, entrepreneur and co-founder of Rohm and Haas Company, purchased the southwestern portion of the estate, launching a more than 80-year tenure of careful stewardship by the Haas family. Otto and Phoebe’s son, John, and his wife, Chara, acquired the property in 1964 and lived there for the next five decades.

Yesterday, Stoneleigh was packed. Natural Lands members turned out from everywhere to tour the house and the grounds.  It was lovely and bucolic, and I would like to think what the Haas family had hoped for.  Family members were on site yesterday.  I am sure it was also a little bit hard for all of them. This was their home, after all.   Now it’s an achingly beautiful public garden space and although this is the path set forth by their lovely parents, it just has to be bittersweet. And then to learn that Lower Merion School District is seemingly proceeding on a path of land stealing? Well, I can only imagine.

Apparently Lower Merion School District is having a tour on May 18th? Allow me to quote them again:

Due to a need for additional field space, Superintendent Copeland has stated that the District would like to pursue the 6.9 developable acres of Stoneleigh no matter whether or where a new middle school site is acquired. The District is hopeful an amicable accommodation can be reached.
As part of their continuing due diligence, and especially now in light of the possibility of the Class 1 designations on two of the potential sites, District representatives in April requested a walk-through of the entire Stoneleigh property for May 18, 2018.

Amicable is school district speak for give us what we want NOW.

Here is an excerpt of what WHYY wrote in an article May 12th:

WHYY: Conservancy mobilizes as Lower Merion looks to Stoneleigh garden for school use
By Laura Benshoff   May 12, 2018

To combat overcrowding, Lower Merion School District has proposed buying — or seizing through eminent domain — 6.9 acres of the Stoneleigh estate and historic garden in Villanova.

In response, Natural Lands, the conservation trust overseeing the property, has launched a public advocacy campaign called “Save Stoneleigh,” urging the district to drop its bid…

At Stoneleigh, gardeners and conservators have been doing their own planning, preparing the picturesque 42-acre estate that once belonged to the Haas family to open to the public, starting Sunday….

Lower Merion School Board will ultimately weigh every option before deciding whether to invoke eminent domain.

“It’s not the district’s first choice to do that,” said Roos. “But it just can’t be taken off the table as an option.”

Thugs. That is a good descriptive adjective don’t you think?  I am all for what lawyer Arthur Wolk wants at this point: removal of the entire school board. To that I add the removal of autocratic school Superintendent Robert Copeland.  To THAT I add Lower Merion Commissioners and township staff who have been ever so gung ho over development for YEARS and years.  Just clean house.  

Legal battles aside, that is exactly what needs to happen to prevent this B.S. in the future.

Savvy Main Line has a lovely write up about Stoneleigh on their website. Check it out.

And now that Stoneleigh has opened, visit. It will take your breath away. And once you are there and experience the magic of the place, you will understand why oh so many of us are so passionate about it. It is magical. Simply magical.

I hope you have enjoyed the photos I shared.

Please see Save Stoneleigh for more information.  Please consider signing the petition . Please write a letter, speak at upcoming meetings, and keep spreading the word.  Open Space should not be threatened like this. And at the end of the day, if the Lower Merion School District is unwilling and unable to respect the legacy of the Haas family, it is our duty to see that they are taught respect, don’t you think?

#SaveSoneleigh (pass it on.)

Happy Mother’s Day to all.

not our pipeline

Pipeline and sinkhole. Just The Fact Please photo. November, 2017

Before I moved to Chester County, I was somewhat ambivalent about Sunoco and their pipelines. Among other things, I grew up with a father who was for years, in-house PR for a then major oil company.  And part of that was during the Exxon Valdez era.  But oil companies had deep pockets and what did I know? Nothing was near where we lived and those oil company deep pockets were always giving box loads of stuff to schools, bought full page ads in school newspapers for the kids of employees, etcetera.

When you first hear about problems with pipelines, pipeline construction, or even fracking, it is like this fuzzy thing out of focus ahead of you in the haze. It can’t possibly affect you. Until it does. And in my opinion, it is.   I have friends who hail from Western Pennsylvania who literally have been warning people for years.  And they are just nastily labeled “fracktivists”. Guess that is the new label for “concerned citizen”? Because I have got to tell you, the people I knew who once lived in Western PA are…wait for it…MOMS.  You know how dangerous moms are, right?

Then it seems like in an instant but a couple miles in either direction from where you live as far as the crown flies in any direction, stuff starts to happen.

Well issues.

Sinkholes.

You feel like local municipal officials and politicians are just covering their ears saying “na,na,na,na,na,na,na,na,na” in order to NOT have to listen to residents.  Respected environmental activists are labeled as being alarmists.

Then all of a sudden the  PA DEP seems to wake up and temporarily halts work on Sunoco’s Mariner 2 Pipeline.  Only as per residents in some affected Chester County neighborhoods and State Impact by NPR  that might not quite be true as they report on January 9, 2018:

When Danielle Otten woke up Monday morning, she didn’t expect to see men working on the Mariner East 2 pipeline construction site that sits about 40 feet from her backyard, along Devon Drive in Uwchlan Township, Chester County.

For one thing, work in the area had stalled after drilling dried up and damaged nearby water wells this past summer. And just last week, the Pennsylvania Department of Environmental Protection issued a court order halting construction along the 350-mile long pipeline after Sunoco/Energy Transfer Partners continued to violate its permits, causing damage to private water wells, streams and wetlands…..When DEP issued a stop work order to Sunoco last week, it appeared that all work would halt aside from drilling and erosion controls that had to be continued in order to prevent additional environmental damage. But a spokesman for the DEP now tells StateImpact that when it comes to anything other than earth disturbance or water crossings, the agency doesn’t have jurisdiction.

 

In Chester County, as a resident, you can’t avoid the truth of the pipelines. And the risks and dangers. So many of us are on wells. And so many with wells are already having issues. And then there are those other pesky things…you know like sinkholes and so on?

The jarring visuals you see with your own eyes like the beautiful swaths of lands torn assunder are burned into your brain.  Once you see it, you can’t un-see it and you wish you could.

Swing sets and play houses of small children sit in macabre juxtaposition to giant earth moving machines and huge pieces of pipe.

Giant walls, pipes, and earth moving machines also sit across the driveway from senior citizen apartment complexes and grocery stores.

Pipeline so close and on top of churches and schools in addition to residential neighborhoods and please, tell me, how is that safe?

Next to firehouses too? So basically, Sunoco puts those supposed to protect us at risk as well?

You have friends and former neighbors who have Sunoco gobbling up their land for the pipeline.  You count your blessing like we did that we moved long ago from certain parts of Chester County because otherwise this view could be your very own backyard:

Uwchlan Safety Coalition photo

Only you can’t help but wonder if your slice of heaven will remain unmolested by pipelines? Like Medieval Feudal Lords, you are never quite sure what they will swoop in and take, are you?

You are, as residents of Chester County and elsewhere, supposed to bend over and accept these new vistas:

My photo, taken July, 2017

When you say “no I think this is bad” there are people who will  jump all over you. “It’s perfectly safe. You don’t know what you are talking about.”

Perfectly safe? Is that why CBS This Morning ran and over FIVE minute segment on the national news this morning from coast to coast?

Sunoco is raping our land. They are depleting it, irrevocably changing it and in my opinion putting us all at risk.  It is not OUR pipeline, it is THEIR pipeline being forced upon us all and we are not benefiting from it.  This isn’t OUR infrastructure, it’s Sunoco’s infrastructure. What they take is being shipped OVERSEAS.

As another friend Ginny said to others:

Sunoco cannot replace the large, mature trees they are chopping down for this. Nor can they restore the fragile and important wetland there if they wreck it, just as they couldn’t restore the private wells that they wrecked in Marchwood this summer with this pipeline. 

Living with hazardous liquefied natural gas lines is not a part of living in suburbia. In fact it is reckless to put these lines through densely populated areas, right alongside houses, schools, apartment buildings, shopping centers, seniors homes, etc. 

And now, Sunoco also wants Chester County Library’s freaking lawn? (See Dragon Pipe Diary)

When does it stop?  When did Corporate America’s rights become more meaningful than ours in Chester and Delaware Counties and elsewhere in Pennsylvania?  Why are we as residents being forced to live with something that destroys and takes and give nothing back in return? Why don’t residents matter? Why do we spend so much time feeling like our elected officials have forsaken us on this issue?

And why is it when you mention anything about not liking or distrusting pipelines some fool will always hop up and cry foul partisan politics? I mean do they really think we are such imbeciles that an issue which is non-partisan and affects EVERYONE is an example of partisan politics?  Take off the dunce caps, because opposition to Mariner East is clearly bi-partisan.

Pipeline, East Goshen. My photo. Summer/Fall 2017

Today in addition to the CBS News report, Del-Chesco United for Pipeline Safety is a nonpartisan, fact-based, grassroots coalition of locally-based safety groups, made up of concerned Pennsylvanians from across our Commonwealth issued a press release:

Well guess what? I believe these folks, and this pipeline and it’s march across Chester County and elsewhere terrifies me.  These people protesting are our neighbors and friends. And there are quite the growing numbers of experts, environmentalists and others who believe these residents.

There is also a very important petition circling. It is directed at our rather elusive Governor Tom Wolf on Change.org asking him to protect our communities under the PA Health and Safety Statute.

Please sign and share this petition today.

Here are some articles:

Dragonpipe Diary: Sunoco’s destructive plans for the Chester County Library lawn

State Impact PA Despite DEP order to halt Mariner East 2 construction, some work is still allowedJANUARY 9, 2018 | 5:34 PM Susan Phillips

State Impact: Water problems persist along Mariner East pipeline route despite court interventionOCTOBER 12, 2017 | 5:03 PM BY JON HURDLE

State Impact: DEP issues violation to Sunoco for another spill of drilling fluidAUGUST 30, 2017 | 6:40 PM BY JON HURDLE

grist: BRIEFLY Stuff that matters PIPE DOWN

Daily Local: Pennsylvania DEP shuts down construction on Sunoco gas pipeline By Bill Rettew, brettew@dailylocal,com POSTED: 01/03/18, 5:25 PM EST

Daily Local: DEP accuses Sunoco of unauthorized drilling By Bill Rettew, brettew@dailylocal.com POSTED: 01/02/18, 3:49 PM EST

Daily Times, Phil Heron: Editorial: Economic benefits alone won’t resolve pipeline concerns

Look at the end of the day, did we come to Chester County for this view below? I don’t think so. We need to protect what is ours.  And what is ours, is not necessarily theirs.

#Resist

Uwchlan Safety Coalition Photo

paris, oh paris

 

There is that moment when….. one of your dearest and closest friends texts you a photo….from PARIS.

As in the city which has just been a victim of terrorist attacks…The city of lights….Paris.

My exact text back to her was “For the love of Christ don’t tell me you are in Paris now??”

And she messaged back “Yes…can you freaking believe it?!!!”

These are the little things you don’t think of – you know a friend is going away on vacation but you forget where.

I have friends who call France home, so when the news broke of those attacks last week I really felt my heart in my throat.

Then I had a conversation with another dear friend this morning who said she might be taking a break from social media because people pounced all over her because she commented on Paris but neglected to mention Lebanon and Africa and wherever else there had been terrorist attacks also last week.

OK really???? That how you’re going to judge a person’s worthiness because they forget to remember other horrific events which occurred across the globe last week on Facebook???

And as far as the tourism goes in Paris, I am really sick of these attacks no matter where they occur. It is so awful that people are committing these acts in the name of one religion and culture against people who are other religions and cultures.  Why are we fighting medieval religious wars in the modern era?

 

This is the other photo my friend sent this morning.  It was a moment of silence at noon today Paris time and all French came outside. 

My friend said is all the French want to talk about it. They will say things to Americans like “this is how you must’ve felt after 9/11”. She also remarked how remarkably gracious the Parisians are two visitors in their city even at a time like this.

My friend says the sites are shut down in Paris but restaurants and cafés are open. She said wherever you go your bag is checked and they actually feel quite safe.

What a crazy world we live in. I can’t wait for my friend to get home…. Not that this craziness can’t happen anywhere and I think that’s part of the problem. But as my friend points out with her photo, we need to keep on living.

To my “American(s) in Paris” , safe travels and see you soon.

Paris, je t’aime.

is the bishop tube site in malvern completely remediated for environmental hazards?

Bishop Tube in Malvern PA courtesy of Abandoned Not Forgotten

It is a fairly simple question: has the Superfund toxic waste dump of a site known as Bishop Tube been completely remediated? And if not where is it in the process?

According to court records from 2005, the Bishop Tube site groundwater contamination was first formally recognized in 1980:

In 1980, Congress enacted CERCLA. Groundwater contamination associated with the
Malvern Site was first identified in the spring of 1980 in residential wells. (Pl.’s Resp. Ex. 2 at
56412.) In September 1983, the Malvern Superfund Site was listed on the National Priorities
List. (Id.)

Yesterday I wrote a post on Bishop Tube and the latest proposed development. I had the link to a health report. So…Ok look but the thing is this – that health report thing says a LOT about Bishop Tube. The site has been targeted as toxic and been investigated a bunch of time since 1972, correct?  A cancer cluster was alleged in March 2007 by the community, correct?

Community folks reported 1-2 cancer cases in every household at that time, correct? A plume of contaminants from on-site has spread and is in the groundwater and local wells, correct?  A creek flows through there. Traces of the crud have been discovered a mile away, correct? There has been activity to clean up the contaminants at the site, but is it REALLY complete? Until it is complete, crud will continue to move in the plume, correct?

Additionally, since I posted my post I have seen the post shared on social media.  Residents of the area who grew up in and around General Warren have shared memories like this one:

” I remember being evacuated in June 1982 due to chemical spills and clouds of toxic stuff being in the air. Still clear in my mind since was studying for finals and we had to spend the night up in the old school in town. Also remember how my parents felt since there were fire police knocking on peoples’ doors to get out of their homes while the cops stayed in their cars and were using  speakers to get people out.”

Lots of current and former residents who also had relative who worked for Bishop Tube have commented. And have you ever read any of the obituaries of people who worked for Bishop Tube? How many of those people died of cancer? Also getting a lot of reads is a 2007 Daily Local article that was part of a series on Bishop Tube:

Keith Hartman and Dave Worst have many things in common.

They were both born in the 1950s, two years apart. They both grew up in General Warren Village, the modest, working class subdivision located south of Lancaster Avenue near the intersection of Route 29, and named for the historic General Warren Inne.

Like many of their neighbors in General Warren, Hartman and Worst worked at the nearby Bishop Tube Co.

Most significantly, the two men know of former Bishop employees who suffer from potentially fatal illnesses that they believe may have been caused by their exposure to trichlorethylene (TCE), a suspected carcinogen, during their tenure at the plant.

Hartman’s father, Lester Hartman, who worked alongside him at the plant, suffers from Parkinson’s disease, a neurodegenerative disease. Worst has stage two melanoma and lesions on his liver and kidneys that his doctors are monitoring.

According to a report from the U.S. Agency for Toxic Substances and Disease Registry, breathing high levels of TCE may cause nervous system effects, liver and lung damage, abnormal heartbeat, coma and possibly death.

Hartman and Worst can also run off a list of fellow Bishop Tube workers who either died from cancer or nerve diseases, or currently suffer from them.”

Ok so then you peruse all the East Whiteland Planning Commission meeting minutes you can find online that discuss Bishop Tube and here is a sampling:

EAST WHITELAND TOWNSHIP PLANNING COMMISSION MEETING February 25, 2015

ZONING ORDINANCE AMENDMENT; CONSTITUTION DRIVE PARTNERS (BISHOP TUBE) – RRD RESIDENTIAL REVITALIZATION DISTRICT.
Represented by Lou Colagreco, Esquire and Bo Erixxon and Chuck Dobson
The proposed ordinance is amending the “Table of Development Standard for Residential Districts” for the RRD Residential Revitalization District for the maximum tract density by reducing the number from 20 units to 12 units per developable acre. Other changes provide for reduction in setbacks from street and building spacing. The applicant had held a meeting with the adjacent tank farm owners and residents from General Warren Village. They have been able to satisfy the access of school buses, tanker trucks and emergency access under the railroad overpass. The total number of units being proposed has decrease from 303 to 264 units.

EAST WHITELAND TOWNSHIP PLANNING COMMISSION MEETING April 23, 2014

ZONING ORDINANCE TEXT AND MAP AMENDMENT – RRD –RESIDENTIAL REVITALIZATION DISTRICT – SOUTH MALIN ROAD – BISHOP TUBE

Represented by Lou Colagreco, Esquire, Brian O’Neill, Frank Tavani, John Benson

The applicant is requesting to add a new permitted residential district by amending Section 200-19 “Permitted Uses for Residential Districts.” The property is located on the south side of Malin Road formerly known as Bishop Tube property. The intent of the RRD Residential Revitalization District is to provide for and encourage reuse, redevelopment and revitalization of tracts that have undergone remediation. Mr. O’Neill advised that he has partnered with Benson Companies to construct townhouses on South Malin Road.

Mr. O’Neill stated that he met with the Township’s Fire Marshal who expressed his concern with the ability to handle a fire for multi-story structures at this location. Therefore, Mr. O’Neill has reduced the number of units to 305 down from 537 units. Density has been reduced by two-thirds from the original proposal. There will be no building on “hot spot” within the property, thereby, providing more green space. These “hot spots” will be capped. The new design is a rear entry building with 16 or 20 foot widths, three stories and approximately 1,900 sq. ft. The issue of a school buses being able to maneuver was investigated and determined not to be a problem. Changes to the intersection timing at Route 30 and South Malin Road will require modifications. Emergency vehicles only will have access to a keyed gate through Village Way. Members were advised that stormwater runoff will be controlled and the water will be cleaning before discharged to protect the Valley Creek. Discussion ensued.

Mr. David Babbitt presented his finding of the Fiscal Impact Study. He advised that the financial impact is positive for all entities: township, school district and county. He reviewed the report and stated that this development will not have a negative impact on the school district. Discussion ensued.

Members were advised that stacked townhouses are three and one-half stories tall and approximately 1,600-2,300 sq. ft. Mr. O’Neill addressed the screening for the units on the west side facing the tank farm and the exterior building materials being proposed. He offered to provide a four foot berm in front of the homes facing the tank farm for additional protection. Members suggested: 1) further review by the Fire Marshal for the new plan configuration; 2) traffic study review; and 3) approval of the building heights.

EAST WHITELAND TOWNSHIP PLANNING COMMISSION MEETING February 26, 2014

ZONING ORDINANCE TEXT AND MAP AMENDMENT – RRD –RESIDENTIAL REVITALIZATION DISTRICT – SOUTH MALIN ROAD – BISHOP TUBE

Represented by Lou Colagreco, Esquire, Brian O’Neill, Guy Wolfington

They are requesting to add a new permitted residential district by amending Section 200-19 “Permitted Uses for Residential Districts. The property is located on the southeast side of Malin Road formerly known as Bishop Tube property. The permitted uses are by right, special exceptions and conditional uses. The intent of the RRD Residential Revitalization District is to provide for and encourage reuse, redevelopment and revitalization of tracts that have undergone remediation.

Mr. O’Neill advised that the Bishop Tube property access is restricted due to the railroad tunnel. Various other development proposals have failed due to these restrictions. He is suggesting developing the property by demolishing the buildings. He will build 34 townhouses and 360 loft apartment with underground parking. There has been a cooperative effort from all parties to clean up the site. Discussion ensued concerning the safety limitations out of this area. Mr. O’Neill offered other developments where similar access limitation exists. He offered to provide the members a tour of these other locations he’s developed.

EAST WHITELAND TOWNSHIP PLANNING COMMISSION MEETING May 28, 2014

ZONING ORDINANCE TEXT AND MAP AMENDMENT – RRD –RESIDENTIAL REVITALIZATION DISTRICT – SOUTH MALIN ROAD – BISHOP TUBE

Represented by Lou Colagreco, Esquire, Brian O’Neill, Frank Tavani, John Benson

The applicant is requesting to add a new permitted residential district by amending Section 200-19 “Permitted Uses for Residential Districts.” The property is located on the south side of Malin Road formerly known as Bishop Tube property. The intent of the RRD Residential Revitalization District is to

provide for and encourage reuse, redevelopment and revitalization of tracts that have undergone remediation.

They are proposing to construct 305 townhouses. The density has been reduced by two-thirds from the original proposal. Mr. Colagreco stated that this most recent plan has been presented to Ken Battin, Building Official/Fire Marshal, and he gave a favorable review of this plan. Members were advised that they can satisfactorily comply with the items listed in McMahon Associates letter, dated May 23, 2014. Changes to the intersection timing at Route 30 and South Malin Road can be accomplished. A discussion ensued relative to the County Planning Commission review letter. The solicitor felt that they had not been given them credit for the revitalization. Ms. Woodman asked, if the two properties under agreement with the Benson Company, contained any contamination? She suggested that the applicant investigate Section 200-25.1 (A) which requires that the properties either will or have undergone remediation standards. To date, the Township has no “brownfield” notification on these two parcels. The applicant was advised the the surrounding community is interested in the status of the cleanup. Mr. Colagreco suggested that information be forward to the Township for incorporation on the website.

ACTION:

Mr. Laumer made a motion to recommend to the Board of Supervisors approval of the Zoning Ordinance Text and Map Amendments to creating a new RRD- Residential Revitalization District and applying this District in lieu of the current I-Industrial Zoning District designation on three parcels including the former

Bishop Tube property located on South Malin Road east of the Buckeye Tank Farm. The motion was seconded by Todd Asousa and the vote was unanimous.

Ok, so all this craziness mostly talks ONLY about HOW many units. From a couple hundred to over five hundred, to three hundred to two hundred and sixty four and apparently after last evening’s meeting oh goodie two hundred and thirty some odd units.

But where is everyone on where exactly is the remediation of this toxic site? As of April of this year (as in 2015 in case you read this post years from now), there is a Federal Law Suit filed that is NEW about this site. Filing a Federal suit (Bishop Tube et al 2015 litigation) is not something someone wakes up one morning and decides to do like putting on a blue shirt versus a pink dress. It is a little more complex and complicated is it not?

Oh and as pursuant to the resident remembering an evacuation in 1981:

1981 Bishop Tube Acid Spill

So where is the remediation?  I have been checking old HSCA Remedial Sites Listing and De-listing Dates on the web from the state and have NOT found any de-listing of Bishop Tube, so what is going on?

If this site is NOT completely remediated , why the cart before the horse scenario? Isn’t it a little bass ackwards to be discussing a development plan if a site is not completely cleaned up?  And is it true it can take decades to properly clean up a site like this because you never know when little pools of toxic goodness will bubble up? And can’t these chemicals get trapped between rocks and stuff and get released anew if moved?

In 2007 State Senator Andy Dinniman talked a good game on TCE, or Trichloroethylene (reference July 2007 newsletter item “Dinniman Gets Tough on TCE“), so where is he now? Where is he on the Bishop Tube site? What about State Representative Duane Milne?

Ok so what about the court/legal pissing match between Constitution Drive Partners LP and the PA DEP?

Excerpt:

Philadelphia (July 18, 2014, 5:09 PM ET) — A Pennsylvania court ruled Thursday that the owner of a contaminated tract of Chester County land could not appeal a Department of Environmental Protection letter ending an agreement in which the landowner agreed to take measures to rehabilitate the site in exchange for protection from liability.   

The Pennsylvania Environmental Hearing Board said that the letter the DEP sent to Constitution Drive Partners LP — which purchased the site of a former precious metals and steel processing facility in 2005 — was not appealable because the letter itself had no effect on the company…..When CDP bought the former Bishop Tube site in East Whiteland Township, it reached an agreement with DEP to take certain steps to remediate the existing soil and groundwater contamination, according to the opinion.

Then, in 2011, an independent contractor hired by CDP damaged piping and protective covering on a soil vapor extraction and air sparging system while conducting salvage operations on the site…..But in January, DEP sent the company the letter citing the 2011 damage and accusing the company of breaking the 2005 agreement…..CDP is represented by Jonathan Sperger and Lynn Rauch of Manko Gold Katcher & Fox LLP.

The DEP is represented by in-house counsel Anderson Lee Hartzell.

The case is Constitution Drive Partners LLC v. Commonwealth of Pennsylvania Department of Environmental Protection, case number 2014-019-M, in the Environmental Hearing Board.

So how  does the above affect this potential development?  And should there even been anything in the approval process of a municipality when remediation doesn’t appear to be complete and there is a Federal level law suit pending?

In 2007 the PA DEP out a press release which says in part:

DEP TO HOLD HEARING OUTLINING TREATMENTS FOR CHESTER COUNTY SITE CONTAMINATION

Public Invited to Comment on Plans for Bishop Tube Property

NORRISTOWN — The Department of Environmental Protection will hold a public hearing at 7 p.m. Tuesday, Jan. 30, to give residents the chance to comment on a proposal to address soil and groundwater contamination at the Bishop Tube site in East Whiteland Township, Chester County. The former industrial facility is being cleaned up under the Hazardous Sites Cleanup Act (HSCA), a 1988 law that authorizes DEP to investigate and clean up hazardous waste sites. “We have a unique opportunity at this site to partner with the current property owner to make sure that groundwater and contaminated soil can be treated simultaneously and efficiently,” DEP Southeast Regional Director Joseph A. Feola said. “We will present these plans at the Jan. 30 hearing for public comment.”

The site consists of a large area of contaminated groundwater associated with the former Bishop Tube Company. The company used, and most likely released, hazardous substances into the environment, including trichloroethylene (TCE), nitric acid, hydrofluoric acid and various heavy metals including nickel and chromium. TCE is of particular concern since it has been detected in groundwater on the former Bishop Tube property and in wells and springs off-site.

Although DEP activity on this site began in 1999, most recently, the agency has been concentrating its efforts on three distinct source areas of contaminated soil.

Last September, a DEP contractor installed monitoring wells to help determine the extent that contaminated groundwater from the Bishop Tube site is affecting the Little Valley Creek, part of the Exceptional Value Valley Creek Watershed.

From 1999 through 2006, DEP completed three phases of remedial investigation work at the site, mapping onsite soil contamination and conducting stream and sediment sampling while conducting groundwater investigation work. Within the last year, the agency has initiated a feasibility study to evaluate options for addressing the discharge of contaminated shallow groundwater to Little Valley Creek.

The 13.7-acre Bishop Tube property is currently owned by Constitution Drive Partners (CDP), who purchased the site in 2005 to redevelop it for commercial or light industrial use. As part of the site purchase agreement, CDP will finance the purchase and installation of equipment needed to remediate contaminated soils in the three source areas and work with DEP to address groundwater contamination issues. This will enable DEP to better coordinate cleanup actions with the developer’s plans to renovate the site for productive use.

So what happened? What is the latest? My research thus far that save development discussions as in how many units, will there be playing fields and so on I can’t find anything much over the past few years about where the clean up process is can you? Now yesterday on this contractor builder “smart bid” site I found an interesting drawing:
bishop tube site TCESo these are hot spots and contaminated areas that they know of? (And isn’t it amazing this project is being all put out for bid consideration like it is a done deal? Is it a “done deal”?)

Last night I heard a handful of residents attended the East Whiteland Planning Commission Meeting. Early reports of citizenry perspective can be summed up in one word: disappointment.  East Whiteland has a grave responsibility here don’t you think? Shouldn’t a plan with so many external balls in the air be tabled until things are settled? Like any litigation involving the site and site remediation being completed? What happens if they just close there eyes, hope for the best and approve without all of that stuff being taken care of? Litigation where the township could be added to, correct?

And a word to the wise to residents who think this plan doesn’t affect them: even if you don’t live in or around General Warren Village this affects you. Traffic, infrastructure, and costs associated with any future litigation over a site contaminated with toxic waste for starters, right? Couldn’t any potential township involved litigation related to this site be economically crippling to a municipality?

Residents in East Whiteland should stand with the residents of General Warren on this. Those people in General Warren have taken it on the chin with things like Cube Smart (and the stories of how some residents were treated are a little alarming, right?). The negatives thus far outweigh the positives of any development at Bishop Tube, don’t they?

And there is another thing to consider  – so once upon a time there was this moratorium on development in East Whiteland. See:

Fate Of Debated Building Moratorium Hinges On E. Whiteland Race

Posted: October 28, 1999

Town Eyes Construction Moratorium East Whiteland Would Take 18 Months To Develop A Comprehensive Plan. Some Say The Proposal Would Not Stand Up In Court.

Posted: February 23, 2000

East Whiteland has no regrets on moratorium Such measures were recently struck down. Still, the break from development was valuable, officials say.

Posted: July 05, 2001

Ok so this went all the way to the State Supreme Court. And it was struck down. Which isn’t any great surprise given things like, oh I don’t know…. the Municipalities Planning Code and whatnot?  At the time former supervisor Virginia McMichael was quoted as saying:

“We knew we were sticking our necks out a little bit, and people said we should wait to enact a moratorium,” Virginia McMichael, vice chairwoman of the East Whiteland supervisors, said recently.

“But by not waiting, we did have a year to work on our comprehensive plan without having to accept new plans, and that was helpful to us. Now, we’ve lost one of our arrows.”

The article continued:

The township’s 18-month moratorium was adopted in February 2000. It was suspended last July after the Zoning Hearing Board found it invalid because proper review procedures were not followed. Supervisors reinstated the moratorium in September.

On June 20, the state Supreme Court ruled that while a municipality can regulate land development, it cannot suspend it through moratoriums.

Eyes rolling. How much did Virginia’s Folly cost East Whiteland tax payers? We may never know, right? And the irony of this woman championing a moratorium on development back then and by the time she skeedaddled to  wherever she went after she stepped down she was a champion of development and do I have that straight?

Who says you can’t have it both ways?

So if you do the math starting with plans that started getting presented when McMichael was still supervisor to the present day how many living units are in the works for East Whiteland?  1200+?   1500+?   Or more?

East Whiteland is awash in a Where’s Waldo of development. But hey, since East Whiteland is working on another comprehensive plan maybe they should have a Groundhog Day and try another moratorium on development? (Kidding but if only it could happen, right?)

Look Bishop Tube is scary stuff. Why can’t they clean it up completely and get some sort of cleaned up certification from PA DEP or the EPA before proceeding on anything else? And why can’t East Whiteland ask for that?

And as far as development goes East Whiteland would be best served by taking a breath just because a developer decrees build it and they will come, it doesn’t make it so. Especially when you are talking about sites like Bishop Tube which have the distinct potential of becoming Silkwood meets Erin Brocavitch, right?

The bottom line here is we all have to care, all of us. We just have to.  Can we say  that lives and future lives depend upon it? Here is hoping in a strange collision of the universe that politicians and developers and municipal folk care about doing this one right.

Bishop Tube 20140908_Report_of_Findings Bishop Tube

Figure_12_-_TCE_Source_Area_Location_Map

Bishop Tube Environmental Impact Assessment

Chester County Hazard Vulnerability Analysis July 2009

PRESENTATION ON HAZARDOUS SITES CLEANUP FUND REPUBLICAN POLICY COMMITTEE HEARING DECEMBER 6 2007

Bishop Tube Earth Engineering Report Letter

sleazy sunoco

20140407-211731.jpg

So the photo above comes from a website called Protecting our Waters. It was taken after a Philadelphia protest in December, 2013. The protest was against Sunoco and the Mariner East pipeline, so I thought it was apropos.

Of course it makes me think if the pro-military and pro- peace folks can protest all the time unmolested in front of what I assume is the old courthouse in downtown West Chester, I don’t see why these folks rising up in East and West Goshen can’t do the same thing some day soon and invite the media.

Good old fashioned peaceful protests can accomplish a lot of attention grabbing.

My recent post on Sunoco and their little project has gotten me a lot of e-mail and even comments from folks fighting this in Dauphin County.

I have learned from Chester County residents who already have the older version of the pipeline a couple of interesting things: I thought (mistakenly and incorrectly) that if Sunoco used someone’s property that they paid rent annually to the property owner. I am told they don’t. I also wondered what happened when real estate changed hands. Apparently Sunoco doesn’t pay homeowners who inherit them in their backyards anything.

So basically, letting Sunoco in is like allowing cockroaches?

I wasn’t going to do anymore posting on this until I realized where some of the pipelines are actually supposedly going: right through the back yards of people in Marydell Farms in East Goshen who have properties that run to Boot Road. Those people don’t have backyards that are THAT deep.

Which brings me to something I didn’t want to point out: shame on East Goshen Township. All the environmental and safety issues aside, how can East Goshen officials just sit on their rear ends while residents have their property rights violated and property values potentially affected?

I go back to the thing about living out here and NOT being able to have natural gas lines for residential use leaving us with other energy choices like propane, pellet stoves, coal, oil, electric heat, but we can’t have natural gas to heat or cook with YET Sunoco can crisscross our county with pipelines that only THEY profit from? Residents HERE assume the risks to health, safety, and welfare. Residents here worry about environmental effects like will what Sunoco is doing affect those on wells and could it ever affect even public water supply? How does what they are doing affect our natural waterways like streams, creeks, rivers, ponds, lakes? How does what they do affect our wildlife?

And why is it Sunoco or other big oil companies doesn’t even seem to pay taxes on natural gas production in Pennsylvania? (Think of all the roads and schools that could get fixed as well as other things in Pennsylvania if stupid Harrisburg actually made these companies pay their way, right?)

Sunoco Pipeline plan draws political resistance Philadelphia Inquirer By Andrew Maykuth, Inquirer Staff Writer April 5, 2014

An elaborate plan by Sunoco Logistics Partners L.P. to transport Marcellus Shale natural gas liquids by pipeline across Pennsylvania to Marcus Hook is running into resistance.

The company’s subsidiary, Sunoco Pipeline L.P., last month filed an application with the Pennsylvania Public Utility Commission to sidestep local zoning restrictions to build pump and valve control stations in 31 municipalities crossed by the pipeline.

Sunoco Pipeline argues that it is a “public utility corporation,” and that the PUC can exempt the construction of the above-ground structure from local zoning if it determines the buildings are “reasonably necessary for the convenience or welfare of the public.”….Two suburban Philadelphia state senators on Wednesday wrote to the PUC, contending that the exemptions would conflict with the Pennsylvania Supreme Court’s decision in December upholding local zoning rights over oil and gas activity….Sunoco has asked the PUC for an expedited decision. Formal protests and petitions to intervene are due by April 21…..The Mariner project involves converting an existing eight-inch pipeline that carried fuel from Philadelphia refineries to Western Pennsylvania. The project requires about 45 miles of new pipeline in Western Pennsylvania. Sunoco’s efforts to acquire rights of way by eminent domain have run into resistance.

And the thing is this: this issue is way bigger than East Goshen, West Goshen, or just Chester County. This pipeline is coming from where? Ohio through to Marcus Hook? And what about the huge issue of those flare towers? Like the one they want to build in a residential neighborhood in West Goshen on Mary Jane Lane???

And then there are all those eminent domain whispers. Ugly, truly ugly.

I never thought I would say I am glad I no longer live in East Goshen, but given all the people who might be affected by this there (including friends) and in West Goshen, I am glad I no longer live in East Goshen.

The reality is those of us NOT in those municipalities are watching this, because this affects all of us potentially. And what do residents around here get as a benefit or upside? I am beginning to think not much.

I guess at the end of the day I am thinking Sunoco is just be sleazy at the expense of Chester County residents and residents all across Pennsylvania.

People should be able to say no.

West Goshen crowd boos Sunoco plan By Kendal Gapinski Daily Local Posted 4/04/2014

WEST GOSHEN – Sunoco Logistics Partners L.L.C. was granted a continuance Thursday night of its zoning hearing regarding a pump station it wants to put in at the corner of Boot Road and Route 202, much to the objection of hundreds of residents.

According to zoning board solicitor Mark Thompson, Sunoco originally appeared before the zoning hearing board three weeks ago and asked for the hearing to be continued to Thursday night. Between the last zoning hearing and Thursday, Sunoco submitted a request for continuance of the hearing. Thompson said he believed the reason for the request was to allow Sunoco time to find out answers to questions raised during the last hearing.

The project in the township, part of Sunoco’s Mariner East pipeline, includes the development of a pump enclosure, piping, valves and a vapor combustion system to be 34-feet high, according to the zoners….The pipelines would be repurposed to deliver natural gas liquids from Marcellus Shale areas in western Pennsylvania to the Marcus Hook refinery in Delaware County, Pennsylvania and New Castle County, Delaware….Resident Chris Pielli spoke out after the decision was made, saying the board should have rejected Sunoco’s request for a continuance, forcing Sunoco to start the zoning special exception process all over again.

“Let them reapply,” Pielli said.

The board granted Sunoco’s request for continuance, and the hearing will be continued on May 1 at 7 p.m. at the township building. The board said that Sunoco will be there to provide additional testimony and witnesses for the record, as well as give others who have been made party to the hearing a chance to present their case for the record.

Residents fighting this you need to write every elected official (and I would include all the gubernatorial candidates as there is a primary coming up) you can think of and also contact multiple media outlets. Give this issue the high profile it deserves. Check out the Castle Coalition.

Chester County deserves better than this, doesn’t it?

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