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it’s a simple thing, really in east whiteland. vote no on the open space referendum and it is a yes for instant development just add land parcel.

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Photo I took years ago at Schiffer Farm on Morstein Road.

When I first moved to Chester County, one of my early favorite roads was Morstein Road from West King Road until Waterford Road. To me it was just so pretty. Houses on generous lots, and a big farm with horses swishing their tails. The Schiffer farm. But anything pretty and bucolic here seems to attract predatory developers.

If you live in the vicinity of the Schiffer farm, you have held your breath for years as various nearby parcels fell to developers. Like what was 1536 Morstein. A pretty little farmette. Just a few acres. Now McMansions on Red Barn Lane. First it was sold. Then the trees came down and the lot was wiped clean. Parcels over on Hershey’s Mill Road nearby as well.

The houses are predictable and these people have like NO trees. No real gardens. How do you live like that?

However, the problem is, places like the Schiffer farm is simply a lot of salivating acreage. To a developer that is dollar sign after dollar sign. That is a cram as much in as possible take the money and run and we as residents of anywhere are left holding the bag. Higher school taxes, higher everything (infrastructure including the human variety of township/EMT/police costs.)

When we all heard that Nancy Schiffer was donating her farm on Morstein as in the entirety of it to the West Chester University Foundation, we were filled with dread. Common sense dictates they wouldn’t keep the land, but would sell it. And sure enough as this land transfer started to happen and developer began sniffing around on about 20 random acres that we mostly in West Whiteland and partially in East Goshen. I wrote about that a few times.

what is happening over around old phoenixville pike in west whiteland, really?
about old phoenixville pike and the development plan
whatcha’ doin’ east goshen?

Then we heard something almost miraculous: East Whiteland Township was interested in a nice chunk of acres acres of Schiffer Farm for OPEN SPACE. That would mean a beloved Viet Nam vet and his wife would not have their beautiful 18th century farmette surrounded by development among other things. So some sort of agreement was reached with Nancy Schiffer. Land was donated to West Chester University Foundation with an agreement for East Whiteland to acquire acres.

At first East Whiteland thought their sewer sale proceeds would be the key to purchase. Then the Pennsylvania Office of Consumer Advocate (OCA) filed their litigation against PUC to undo sewer sales to AQUA. East Whiteland Board of Supervisors was disappointed and the board said that the ruling would delay local initiatives and increase sewer rates. One of the local initiatives was this land purchase, sadly. This case is at present tied up in the PA Supreme Court, as a quasi related aside.

Pa. high court will consider benefits vs. higher costs in private ownership of water utilities

So now East Whiteland had to seek alternatives so as not to give up on the idea of some very unique and truly beautiful open space being lost to more plastic mushroom development. In May, Chester County Commissioners awarded East Whiteland a grant of $870,000 towards this goal (see Chester County press release dated May 27, 2024. I think there was another grant but I lost the reference.) But because the sewer sale proceeds are in limbo because of the court case, comes the referendum.

Now cue the referendum on the ballot in East Whiteland, November 5th. It’s for like 30.5 some acres (I might be slightly under, not sure.) The grants and other things will go towards the remaining acreage. The end goal is 50+ acres.

My ballot. I just voted yes proudly.

This referendum seems to be like some giant surprise to people and the misinformation being spread around is staggering. People can’t have it both ways. The can’t constantly bitch about municipalities not doing anything to preserve open space and up comes a once in our lifetimes opportunity and the great uninformed wish to throw the baby out with the bathwater and they make these sweeping pronouncements without doing one iota of research. It’s maddening.

This referendum has been out for months. See:

https://www.eastwhiteland.org/502/Open-Space-Tax-Referendum

Open Space Tax Referendum

Overview:

In 2018, the Township began work on a Parks, Recreation and Open Space (PROS) Plan to guide efforts for creating an enhanced system of recreation and open space facilities throughout the Township. The Plan, which was adopted in 2022, contains a Chapter specifically dedicated to Open Space Preservation (see Chapter 4 beginning on page 33). In addition to encouraging the pursuit of the remaining open space opportunities, the Plan recommends that the Township consider a dedicated source of funding to acquire and maintain open space through the adoption of an Open Space Tax (OST). 

Process:

On May 8, 2024, the Board of Supervisors held a public hearing to consider an ordinance which would authorize an OST Referendum to be placed on the ballot for the upcoming General Election on November 5, 2024. Following the hearing, the Board of Supervisors approved the ordinance, thereby placing the referendum in a position to included on the ballot.

The referendum would allow individual constituents to vote directly on the question of whether to adopt a “blended” tax increase to both the Earned Income Tax (EIT) and the Township’s portion of the Real Estate Tax (RET) – also known as “property tax.” These funds would then be used to finance the acquisition of properties, ensure long-term maintenance, and cover costs associated with an open space program. The referendum will pose the following question:  

 “Do you favor the imposition of a tax on the earned income of Township Residents at a rate not to exceed five one-hundredths (5/100th) of one percent (.05%) and an increase in the real property tax at a rate not to exceed 0.45 mills ($0.45 per $1,000 assessed valuation) for the purpose of preserving natural resources, maintaining wildlife habitat, protecting environmentally sensitive areas, and providing recreational lands by the Township of East Whiteland to be used to retire indebtedness incurred in purchasing interests in or acquisition of real property for natural resource protection, open space preservation, and public recreation?” 

Stated another way, if the referendum passes, the local Earned Income Tax rate would increase from .75% to .80% and the Township Real Estate Tax rate would increase from .445 mills to .895 mills. 

 Documents regarding OST Referendum Process: 

Reports from County and Regional Planning Agencies:

  • Return on Environment: The Economic Value of Protected Open Space in Chester County, PA (Chester County Planning Commission, 2019)
    • Webpage (see tabs for Property Value Impacts, Environmental Benefits, Recreation and Health, Economic Activity, Community Const Savings, and Case Studies)
    • Full Report
  • Return on Environment: The Economic Value of Protected Open Space in Southeastern Pennsylvania (Delaware Valley Regional Planning Commission, 2011)

If you have any questions about the OST Referendum, please contact Catherine Ricardo, Assistant Township Manager for East Whiteland Township. Catherine can be reached by phone at 610-897-4280 or by email at cricardo@eastwhiteland.org 

Again, for the back of the room: The money raised would also go to existing open space and into a fund for other purchases. It would go to maintenance and improvements on parks and open space already owned. It would allow for a municipal bond offering capability and muni bonds sell in part on their “story” which is open space preservation, which would sell well. And East Whiteland is not buying the entire farm, that is fake news, literally. This referendum is far less expensive than some other Chester County municipalities, and the bottom line is it would be far less long term than if a developer builds because that affects taxes vis a vis infrastructure costs, school districts being over burdened etc.

It’s pretty simple: East Whiteland is trying to do something proactive. Everyone complains they don’t do enough. Can’t have it both ways. Go ahead vote no. It means instant development which costs us more in the end on so many levels. It’s a .445 to a .895 increase. The median appraised value of homes in East Whiteland is still around $200K so that would mean around $90.00 a year. The wording for both the notice and the explanation is based upon some PA law. This would also mean improvements on existing parks and open space and improvement. It would mean a fund that was dedicated to these open space things, a dedicated and distinct fund to allow East Whiteland to compete sometimes in the race for preservation against developers.

If people vote NO it means instant development, more infrastructure stresses, and in the end higher school taxes to keep up with development. You can be pennywise or pound foolish, not both. This is de minimis.

Allow me to share the words verbatim from a gentleman named Tim Phelps who resides in East Whiteland:

Supporting East Whiteland’s Open Space Tax Referendum: A Smart Growth Strategy for a Sustainable Future


On November 5, 2024, East Whiteland Township residents will have the opportunity to decide on the future of their community by voting on the Open Space Tax (OST) referendum. This critical measure will provide much-needed funds to preserve the township’s last remaining parcels of open land for future parks, conservation efforts, and community recreation spaces. By adopting the OST, East Whiteland will secure its place as a leader in sustainable growth while protecting the natural environment that contributes to the quality of life for all its residents.


Why the Open Space Tax Matters
East Whiteland has grown into a regional corporate hub, attracting businesses and residents alike with its balanced approach to development and green space preservation. However, with neighboring municipalities starting to adopt their own Earned Income Tax (EIT) structures, East Whiteland could see an impact on its EIT income, which funds much of the township’s operations. A dedicated OST fund would not only help offset these financial pressures but also enable the township to continue investing in green spaces and natural resource preservation, ensuring the long-term health and attractiveness of the area.


The OST referendum proposes a slight increase in both the EIT and the township’s Real Estate Tax (RET). This blended tax will create a sustainable revenue stream, enabling East Whiteland to acquire additional open space properties and ensure they are maintained for future generations. These funds will be dedicated to purchasing land for natural resource protection, wildlife habitat preservation, and public recreation areas—key elements in the township’s Parks, Recreation, and Open Space (PROS) Plan adopted in 2022.


Learning from Chester County’s Open Space Success Stories
East Whiteland is not alone in recognizing the value of open space preservation. Several other communities in Chester County have successfully implemented similar OST programs, creating lasting benefits for their residents. For example, West Goshen Township used its open space fund to expand local parks and enhance conservation efforts, while East Bradford Township acquired critical lands for public use and natural habitat preservation. These townships have found that maintaining a balance between development and nature is essential to their long-term sustainability.


Chester County, according to data from the Delaware Valley Regional Planning Commission (DVRPC), is part of a region where open space investments yield significant economic, environmental, and social benefits. The DVRPC’s studies on open space value demonstrate that these preserved lands generate substantial returns through ecosystem services such as improved air and water quality, reduced stormwater management costs, and increased property values.


DVRPC data also highlights the importance of recreational spaces, which boost community health by providing residents with opportunities for physical activity and relaxation in natural surroundings.

Community Health and Social Benefits
Beyond the environmental and economic benefits, the social and health advantages of preserving open spaces are undeniable. Access to parks and natural areas has been shown to improve mental health, reduce stress, and foster social cohesion. East Whiteland residents will benefit from additional green spaces that promote an active lifestyle, encourage outdoor recreation, and serve as gathering points for community events. Families will have more options for leisure activities, and future generations will inherit a township that values sustainability and environmental stewardship.

A Vote for Smart Growth and a Sustainable Future
Supporting the OST referendum aligns with the principles of Smart Growth, which emphasize sustainable development while preserving natural resources. As development pressures increase, the township must act now to preserve its remaining open spaces. The OST provides a financial
mechanism to do just that, ensuring that future generations can enjoy the benefits of well- maintained parks, protected wildlife habitats, and cleaner air and water.


In closing, East Whiteland residents should consider to vote in favor of the Open Space Tax referendum on November 5. This referendum is for the future—one that balances growth with environmental preservation, protects the township’s financial health, and creates a legacy of sustainability. By supporting this measure, East Whiteland has the opportunity to remain a thriving, vibrant community for generations to come. Let’s come together to protect what makes our township a special place to live, work, and play.

For more information about Open Space planning in the Delaware Valley, please visit DVRPC’s website at www.dvrpc.org/openspace/.


Tim Phelps
Resident

You know what I see at Schiffer in part? I see a spot for community gardens, something people have asked about for years. Allotments and community gardens do build community. It’s a wonderful thing. This investment on the part of East Whiteland residents will reap dividends long after any of us walk the earth. THAT is a legacy worthy of this referendum.

Please don’t spread false information. If you have questions, the township and supervisors are HAPPY to talk to you. There are THREE supervisors to speak with, and they are all quite approachable. Here is where you go to find emails etc. if you don’t know them:
https://www.eastwhiteland.org/214/Board-of-Supervisors

Look it’s a simple equation: a NO vote = instant development. This is a chance to do something worthy in the East Whiteland community. This is East Whiteland LISTENING to residents about preserving open space. VOTE YES!

My last word is if people do not see the forest for the trees here, there are in fact developers waiting to swoop in. These developers (multiple) would be happy to back end run to the West Chester University Foundation and run over East Whiteland. This land is as delectable as a big box of expensive chocolates. Also my opinion has not been particularly delightful when it comes to the West Chester University Foundation because well can you say there is NO emotional attachment to the land, they are just in it for the money honey?

This is actually something where you know for a fact where the money is going. It doesn’t matter if you are a Republican, Democrat, or a member of the Purple People Eater Party, this is something that benefits everyone.

PLEASE EAST WHITELAND RESIDENTS, VOTE YES ON THE REFERENDUM ON THE BALLOT NOVEMBER 5, 2024

Let’s git’ r’ done. Land is not free, and this won’t be available forever.

#VOTEYESONOPENSPACE

Schiffer Farm by Cary Galbraith $300

we did it! church farm boys are going to prom (in style)

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So, if you all remember recently, I wrote a post about Church Farm School. And getting the boys to prom. I also remarked that there are tons of places to help girls get ready and go to prom but not boys.

any fairy godmothers or godfathers out there who can pay it forward for the boys at church farm school so they can go to their very first prom?

So I am thrilled that the community at large came together for these boys from Church Farm School and yesterday I heard from Jenn Frederick from Fox29 that she had some good news. This is after I had heard from friends and churches that they were helping these boys as well.

Then this morning came two teases in the FOX 29 Good Day Philadelphia newscast before the big reveal!

First:

Then came Jenn Frederick’s big reveal and I was reduced to tears of happiness for these boys:

This is amazing! I can’t tell you how happy I am! This is the school that I happen to be in ordinately fond of, and I attend events there once in a while. It’s a beautiful school, and as a matter of fact, their greenhouse program years ago was started by none other that Edith Lockwood, one of the two Lockwood sisters of Loch Aerie in Frazer.

When I first posted this some asked why a “ritzy” private school needed help to go to prom. And then I realized that so many people right here in Chester County. Have no idea about the mission of Church Farm School. That these are boys here being given a chance at a future and college. These are kids on scholarship who worked hard for this opportunity. There is no silver spoon in any of their mouths, what they do is merit based. And these are amazing kids.

This is a Church founded in the light of the Episcopalian church and their principles a century ago.

The Church Farm School was founded by the Reverend Dr. Charles W. Shreiner in 1918. Dr. Shreiner had long envisioned a school where boys could develop their minds and bodies and grow to productive, meaningful adulthood.

Originally home to 15 boys, the school was focused on instilling its students with character according to three clear tenets: the value of religion, the value of hard work and the value of education. Students were given room and board in exchange for their continued efforts to pursue personal, physical and academic growth. And, just as it still does today, the school opened its doors to the families of boys who may not have otherwise been able to financially afford such a valuable opportunity.

Today, Church Farm School is a boarding/day college preparatory school for boys of all backgrounds in grades 9-12. It offers a positive, structured home life, an outstanding private school education, a competitive athletic program and recreational opportunities. In addition, thanks to the generosity and continued support of our donors, alumni and other organizations, Church Farm School offers a liberal scholarship to every student. Over the course of its history, the school has provided generations of young men with the skills necessary to be successful in all aspects of life.

Although the school has necessarily evolved and changed to keep pace with the world around it, what remains unchanged is its steadfast allegiance to its founding principles. All students at Church Farm School are required to attend weekly chapel services and to participate in their choice of numerous diverse community service programs. For more than 100 years, CFS has provided a safe, structured environment, extremely competitive academic and athletic programs and a commitment to individual personal growth for hundreds of young men from across the nation and around the world.

~ History of Church Farm School from their website

And these boys had never gone to prom. Every kid should have the opportunity to go to prom. some kids choose not to, but others want the experience. And because of my fondness for this school when my friend who works there, put it out into the universe that she had this crazy idea of wanting these boys to go to a prom at their sister school, Linden Hall in Lancaster, I decided to write about it and share this message.

There has been an outpouring of support, including from one of my other favorite places, St. David’s Church in Wayne, Who lives their Episcopalian mission every day giving back within the community.

This all makes my heart happy. We live in a world that is very ugly some days, and to find the goodness in humankind once in a while is just so nice. Fox 29 devoted a total of close to 8 1/2 minutes of airtime to Church Farm School today, and they helped get the boys the rest of the way there to go to their prom. But they also focused on the core values of the school and the fabulous colleges that these boys are getting into and getting financial aid and assistance so they can go. This was an incredible gift to the school on the part of Fox 29 and their morning program. [CLICK HERE FOR STORY ON FOX29]

So enjoy the sunshine and if you are interested in helping Church Farm School check out their website.

#BloggingForGood

hey usps and louis dejoy, where’s the mail??

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This was posted by a friend today:

I hate to sound nostalgic (AKA old!), but I fondly remember when the USPS managed to deliver mail REGULARLY. We — and our neighbors — have had no mail delivered since Tuesday, and that batch included only some of the mail that had been scheduled to land on Monday, when our carrier was also a no-show.

Because you can receive a daily email from USPS that shows images of what is scheduled to arrive in your box each day, it has been rather unsettling to see how many items qualify as missing. Well, the mystery has been solved.

This morning, my husband decided to pay a visit to the actual post office, after efforts to contact a human by phone went nowhere. A worker explained that the postal manager for the West Chester region issued an edict recently to deal with the agency’s short staffing: surreptitiously skipping delivery days. She said the office needs 80 carriers to handle the load: It has 40. As a result, she said we should expect to see a delivery every 2 or 3 days.

I guess the idea of notifying customers about the worker shortage wasn’t part of the plan. Would it really have been too difficult to put a notice in people’s boxes on their lucky delivery day? Perhaps some publicity about this problem would help solve it. Sigh. End of rant, but curious about whether this is happening in other areas.

~ Chester County Resident # 1

Now this is the second such tale in less than a week.

I have you on my mailing list but my mailman hasn’t been seen for five days. I was told that he had health problems but there were no replacements. Also, PO closed in town. So I will try for Christmas card instead.

~ Chester County Resident # 2

My second friend lives in the Borough of West Chester. She works from home and is self employed and well…mail is kind of essential.

So Louis De Joy you plastic arsehole, where’s the mail? Santa might want to deliver the Christmas cards himself I guess?

It’s time for Washington to deal with this. We need our mail. This is happening all over. It’s bullshit.

what bishop tube looks like (and more legal stuff filed)

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DSC_8760I went to Malin Road and stood outside the fences of Bishop Tube today.  Totally creepy and deserted.  I was glad to see an unmarked police car do a drive by a couple minutes after I got there, the place gave me the willies.

DSC_0009

I took photos from outside the fencing on the road. What a weird feeling to be out on such a gloriously beautiful day, yet there was the overwhelming creepiness of the Bishop Tube Site, all abandoned and the only way to describe it was the place seems to radiate negative energy.  Don’t see how that feeling will be eradicated by plastic townhouses marching row after row.  The site doesn’t appear to be particularly secure and given what appears to be vandalism, nor does itappear as if it has been for years has it?

DSC_0013

Staring at the site, I couldn’t help but wonder where the PA DEP was on this? I can find on the Internet where they were in the past, but not in the present. Or the EPA, which is so screwed up just read THIS and THIS and THIS.  Here let me share this:

The EPA Should Resign in Shame over Orange River

Let States Step Up to the Plate on the Environment

August 11, 2015 at 9:54 am

The scene was otherworldly. A river tinted orange by a toxic brew of heavy metals, including lead, arsenic, and other pollutants. Three million gallons of wastewater from an abandoned gold mine in rural southwestern Colorado flows slowly downstream. Communities are shutting off drinking water collection. Vacationers are being warned to avoid contact with the contaminated water.

The cause? None other than a mistake by the US Environmental Protection Agency. The Wall Street Journal reported details on the incident Sunday, noting that the spill was initially downplayed by the EPA, and that it was much larger than first reported. Most importantly, as of Sunday, the mine is still releasing wastewater at a rate of about 500 gallons per minute. The pollution incident is ongoing.

This latest toxic release is yet another example of the EPA spectacularly failing at its primary mission. As I’ve expressed in this space before, the government is not particularly competent at environmental remediation and management.

When you read things written by critics of the PA DEP, it is often not much better. Look these government agencies have good intentions but they all seem to get in their own way and in the end are the accomplishing their goals of protecting all of us?

Just check out this article from 2014 about fracking contaminating drinking water :

The Pennsylvania DEP has been criticized for its poor record of providing information on fracking-related contamination to state residents. In April, a Pennsylvania Superior Court case claimed that due to the way DEP operates and its lack of public record, it’s impossible for citizens to know about cases where private wells, groundwater and springs are contaminated by drilling and fracking.

“The DEP must provide citizens with information about the potential harm coming their way,” John Smith, one of the attorneys representing municipalities in the lawsuit, told the Pittsburgh Post-Gazette. “If it doesn’t record and make available the violations records then it is denying the public accurate information, which is unconscionable.”

When is the last time the PA DEP or EPA took a good look at sites like Bishop Tube in Pennsylvania?  These aren’t new sexy disasters, they are plodding along existing trouble spots so now that there don’t appear to be lots of  government money floating around for clean up ( a la “Growing Greener“) who cares about these toxic sites like Bishop Tube?

Now the PA DEP mentions Bishop Tube in it’s 2014 report, yes but it isn’t in so much detail is it? I found the annual reports on the DEP website which crashes a lot. So where are State Representative Duane Milne and State Senator Andy Dinniman on Bishop Tube?  Aren’t they supposed to be looking after Chester County residents on this topic as well?

I happened to check the court dockets on the Bishop Tube litigation mention in prior posts when I came home and there are a few more filings on the case of ordinary hard-working people vs, everyone involved around Bishop Tube.  Here are the two most interesting:

Plaintiff Memorandum Response Bishop Tube 2015

Amended Complaint With Jury Demand Bishop Tube 2015 Aug 12

Apparently although The Daily Local did that curtain raiser of an article a couple of weeks ago, no other media seems interested in a toxic superfund site in bucolic Chester County? Or are there media inquiries and other inquiries starting to foment and ferment behind the scenes?

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Here are a couple of gems from all this legal stuff:

From the plaintiffs’ memorandum (2:15-cv-01919 (GJP) filed 8/10/15):

Table of Auth

Page 4: “The Plaintiffs have alleged that, during the Defendants’ respective ownership and operation thereof, they discharged hazardous substances into the environmental which have migrated onto and into the Plaintiffs’ property including the Plaintiffs’ drinking water. It is further alleged that the Defendants have failed to remediate the contamination, the regulatory authorities have failed to require the Defendants to remediate the contamination and additional response work will be necessary.”

Page 6 “It is alleged in the Complaint that, during their respective periods of ownership and operation of the Bishop Tube site, the Defendants used or permitted the use of hazardous substances, including trichloroethylene (“TCE”), during the manufacturing processes for their seamless stainless steel and other products and that, as a result of the Defendants’ ownership and operations at the Bishop Tube site, hazardous substances, including TCE, were disposed into the environment, including the Bishop Tube site’s soils and groundwater. See Complaint,¶¶34-35. It is further alleged that subsurface migration of contaminated groundwater from the Bishop Tube site has and continues to contaminate the aquifer beneath the Bishop Tube site and beneath off-site premises including the Plaintiffs’ home. See Complaint, ¶36.”

Page 7 “Accordingly, in or about 1999, the PADEP took over response actions at the Bishop Tube site, which included periodic sampling of soil, surface water, groundwater, vapor intrusion pathway analysis and maintenance of monitoring wells in the contaminated aquifer as well as the installation of a soil vapor extraction and air sparging system designed to capture and remove contamination from subsurface soils at the Bishop Tube site. See Complaint, ¶¶42-43.

However, none of the Defendants have taken any steps to actively remediate the contamination that originated on the Bishop Tube site, which has and continues to migrate onto the Warren property and neither the EPA nor the PADEP have taken any steps to compel such remedial activity. See Complaint, ¶44. Further response action is necessary to abate the release of the hazardous substances at the Bishop Tube site which have and continue to migrate onto the Warren property. See Complaint, ¶45.”

A Notice of Intent to Sue was served on all Defendants as well as the EPA and PADEPon December 8, 2014, to which no one responded”

Page 11: “III. Plaintiffs’ RCRA Claim Must Not Be Dismissed

Johnson Matthey next argues that the Plaintiffs’ RCRA claim must be dismissed because it does not adequately allege an “imminent and substantial endangerment to health or the environment” and because the State is diligently addressing the contamination.

However, as described in detail above, the Complaint alleges that TCE contamination from the Bishop Tube site has migrated into the Plaintiffs’ well water. TCE is a volatile organic compound “used mainly as a solvent to remove grease from metal parts, but it is also an ingredient in adhesives, paint removers, typewriter correction fluids, and spot removers.

Trichloroethylene is not thought to occur naturally in the environment. However, it has been found in underground water sources and many surface waters as a result of the manufacture,use, and disposal of the chemical.” There is evidence that TCE affects the developmental and nervous systems in humans and is also carcinogenic. Specifically, there is evidence that TCE can cause kidney cancer and limited evidence for non-Hodgkin lymphoma and liver cancer as well as various tumors in animals. See United States Centers for Disease Control and Prevention, Agency for Toxic Substances and Disease Registry, Toxic Substances Portal for TCE, http://www.atsdr.cdc.gov/substances/toxsubstance.asp?toxid=30 (last visited August 7,2015).

Accordingly, it is respectfully submitted that it is disingenuous for Johnson Matthey to claim that Plaintiffs have not adequately alleged sufficient imminent and substantial endangerment to health or the environment to sustain a RCRA claim.”

Page 13: “Conclusion

Simply stated, in support of their federal CERCLA and RCRA claims, the Plaintiffs have alleged that: (1) the Defendants, including Johnson Matthey, discharged hazardous substances, including TCE, into the environment at the Bishop Tube site which have migrated onto the Plaintiffs’ property and, specifically, into their drinking water; (2) that the Defendants have failed to remediate the contamination; (3) that the regulatory authorities have failed to require the Case 2:15-cv-01919-GJP Document 6 Filed 08/10/15 Page 12 of 13 10 Defendants to remediate the contamination; and (4) that additional response work will be necessary. Indeed, TCE is a carcinogenic. Based on the foregoing, it is respectfully submitted that the Plaintiffs have alleged sufficient facts, which must be presumed true for purposes of this Motion, to withstand a Motion to Dismiss pursuant to Rule 12(b)(6) of the FRCP”

From First Amended Complaint With Jury Demand:

Page 5: 37: “During their respective periods of ownership and operation of the Bishop Tubesite, the Defendants used or permitted the use of hazardous substances, including trichloroethylene (”TCE”), during the manufacturing processes for their seamless stainless steel and other products.”

 TCE

const dr ptnerbish tuNegligence Bishop Tube80 81Ok above are just snippets of the legal documents, quotes, excerpts. You can read for yourself the entire thing as they are uploaded in this post:

Amended Complaint With Jury Demand Bishop Tube 2015 Aug 12

Plaintiff Memorandum Response Bishop Tube 2015

I did not create any of this it is all on the court record.

I am a cancer survivor. I would not wish that on anyone. I have also known people who have seen their children through cancer and trust me, it is too gut wrenching for words. In my opinion based on the research available to publicly peruse, this is site is toxic is it not? And then there is General Warren Village.  Those residents deserve peace of mind don’t they?  They have always been directly affected by Bishop Tube haven’t they?

I am a realist. This might be a creepy site but it is this chunk of land that developers are salivating over (don’t know if they are glowing in the dark from walking around it, however.) This site will be made into something although really it should be cleaned up and left alone since it is also my opinion that this site will take years to properly remediate, and can’t you agree that is reasonable?

But the thing is this: a plan like that not only affects people who want their piece of the American Dream and want to live in gorgeous Chester County who might purchase these cram plan slab on grade no basement wonders if they are built, but potentially every east Whiteland resident in the future, correct?

How can East Whiteland say for certain they would not ever become a party over litigation surrounding this site?  They can’t, can they?  And they have an obligation to current and future residents to see beyond the shiny promises of developers oh so familiar to them, see beyond and some new ratables  down the road, and must put their heads down and see that this site is properly remediated and even get alternate land uses investigated, right? The bottom line is the owner of the land knows how to remediate this properly, they have the experience, correct?

Approving a development plan here while this litigation is ongoing and remediation isn’t complete can be considered a case of putting the cart before the horse, yes? And why is it all we hear is about the developer planning on “capping vapors” with the concrete slabs for the townhouses, yet the current litigation mentions aquifer again and again which is ground water, drinking water, and so on, right? A little different from vapors, right?

East Whiteland has a lot of development balls in the air and should we worry about how the land planning with all the developer driven zoning overlays are getting done?

East Whiteland, you have to do this right. Lives depend upon it. Please.

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being christian at christmas

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2014/12/img_9688.jpg
How some people define the spirit of the Christmas season in West Vincent baffles me.

Please see below as another one of those nasty and pathetic missives is making the rounds. I was told this was found on a Ludwig’s Village community bulletin board.

West Vincent is such a beautiful place, but it’s like it has a rotten core, doesn’t it? This is unfortunately still a place with a handful of pious hypocrites who claim to “love thy neighbor” yet do things like this and isn’t that terrible? These people give the really nice people who live in this Chester County community a bad name and I think that is truly awful don’t you?

Being a Christian isn’t faux piety, it’s actually living what you preach. A lot of these people preach a good game, but are some of them really good neighbors? My opinion is the answer is a resounding no. Normal, emotionally healthy people do not do things like this to other people.

One day those of you who do things like this to your neighbors will find yourselves in a time of trouble. Will people lift a hand to help you? Or will they say “we’ve had enough of those bullies” and turn their backs?

People who do things like this during the most holy season of the year are held in the highest contempt by me.

Also it may appear contradictory, but I do actually pity these people for their meanness. They are missing out on so much in life by hating.

This man who is being victimized has run good and honest businesses for years. He and his wife are the kind of people that would give you the shirt off their back no matter what you had done to them. They are truly good people. I am proud to call them friends. We have used him professionally in addition.

If I were in this gentleman’s shoes, I would take all these missives to law enforcement. And a TV station or two.

I don’t know why it is that some people are not content unless they make other people unhappy. They should be ashamed of themselves. The sad thing is, I know they are not. However I believe karma is a very, very real thing. Everything that goes around eventually comes back around.

To the rest of you I say it is Christmas, so if you see one of these missives floating around West Vincent pull it down and give it to the police and tell them where exactly you found it and what day and what time.

It is time for this to stop.

If you know the people who are doing these things, it’s time to stand up and tell them to stop. Or call them out publicly. (Cowards like this hate having a light shined on them even if they secretly crave the attention.)

Christmas is but a few days away. Let’s get back to the real reason for the season, shall we?

Thanks for stopping by today.

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intolerable cruelty

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dogsWhen I saw a post on a friend’s Facebook wall this evening from one of their friends, I had to read it half a dozen times to make sure I wasn’t reading incorrectly. When I read what I read I started to cry, and also thought I would throw up. It was Just. That. Awful.

Here:

intolerable cruelty

I have to ask why these things happen in West Vincent Township? I am told this occurred in West Vincent Township within the last week?  This is crazy and it is sick and this guy shooting up dogs should not be able to hide behind antiquated farming statutes.

Do we really believe this guy with the gun doesn’t know his neighbors’ dogs?  Do we believe that he really gave these dogs a chance? Can it be said if he had, they would be with their humans?

map of area

I am generally speaking a big supporter of farmers, and I get how farmers do not want livestock worried in a field. The thing is this: if you are a farmer or are dog saavy you know when a dog is herding, playing, or attacking.

Oh and here is a voicemail left for a neighbor (who turned this over to grieving family and police apparently) by the dog shooter:

I just don’t believe this farmer guy did not have any options other than to gun down two dogs who could still be considered puppies. The family knows nothing can bring back these beloved pets.  But they do feel there should be some accountability – the wife said to me in a note:

[We] know that nothing will bring our pups back, but if we could save another family from having to go through this, we would do anything. This man will do this again, I know this in my heart.  He is using this law as justification and is showing absolutely no remorse

These people have little kids.  How the heck do you tell little kids their neighbor shot their beloved dogs? And yes I get there are laws designed to protect farmers, but most of the farmers I know wouldn’t just shoot puppies.  They might round up the dogs and turn them over to animal control for return to their families but they wouldn’t just gun down a neighbor’s pets.

My heart bleeds for these people.  I think West Vincent resdients should bring this up in person at the next township meeting. I think the media should investigate. I think the Chester County SPCA and Humane Society should investigate.

2.20.2013 UPDATE:

I am told by sources that the Chester County SPCA is going out to investigate today?  Here is hoping they check things out thoroughly.  Sources tell me this guy really isn’t much of a farmer that the sheep mostly keep his lawn cut?  Also if this guy is in a R2 (think that is the residential zone) in West Vincent, does he legally have enough acres to keep farm animals/livestock which is what sheep are?  If his acreage with the amassed lots he owns is under 10 acres how does that work?  I mean out there you must have a minimum of 2 acres to keep one horse for personal use, right? But farm animals are different and how many years has this guy had sheep?  I ask because is it not true if he does NOT have the correct acreage he could be in violation of current zoning and prior to the 2010 revisions as well? Are all his grazing or “pasture” areas fenced in? Is he connected over there or something?  Also, if this guy is in a residential zone, is he compliant with PA gaming laws in a residential area with regard to the safety zone for discharging rifles and shot guns?

I had more farmers contact me today.  Some who were very amusing to me because they scoffed at the idea of this guy really being a farmer. (I don’t know so I leave it up to the experts as it were.)  Including one who said he had to shoot a feral dog years ago because it mauled and killed two of his sheep – he said he hated to do it, but in that case the dog was wild and was caught in the act.  This farmer said to me if he had seen these dog he would have maybe fired a warning shot, but most likely he would have plunked them in a stall in his barn and called the police to return the dogs to the owners with a warning.

I found a reference to PA law below – not a lawyer, not sure if it applies, but read it:

Safety zones – 34 Pa. Cons. Stat. § 2505

§ 2505.  Safety zones.
(a)  General rule.–Except as otherwise provided in this
title or to any political subdivision, its employees or agents,
which has a valid deer control permit issued under section
2902(c) (relating to general categories of permits), it is
unlawful for any person, other than the lawful occupant, while
hunting game or wildlife, taking furbearers of any kind, or
pursuing any other privilege granted by this title, to hunt for,
take, trap, pursue, disturb or otherwise chase any game or
wildlife or to discharge, for any reason, any firearm, arrow or
other deadly weapon within or through a safety zone, or to shoot
at any game or wildlife while it is within the safety zone
without the specific advance permission of the lawful occupant
thereof.
(b)  Penalty.–A violation of this section is a summary
offense punishable by a fine of not less than $200 nor more than
$500. A second or subsequent offense within two calendar years
is a summary offense punishable by a fine of not less than $500
nor more than $1,000.
(c)  Definition.–As used in this section, the term “safety
zone” means:
(1)  Except as otherwise provided in paragraph (2), the
area within 150 yards around and that area which is below the
highest point of any occupied dwelling house, residence, or
other building or camp occupied by human beings, or any barn,
stable, or other building used in connection therewith or any
attached or detached playground of any school, nursery school
or day-care center.
(2)  When applied to properly licensed persons hunting
with bow and arrow or crossbow, the area within 50 yards
around and that area which is below the highest point of any
occupied dwelling house, residence or other building or camp
occupied by human beings or any barn, stable or other
building used in connection therewith and the area within 150
yards around and that area which is below the highest point
of any attached or detached playground of any school, nursery
school or day-care center.
(Nov. 25, 1988, P.L.1082, No.125, eff. imd.; Mar. 29, 1996,
P.L.41, No.13, eff. imd.; Dec. 19, 1996, P.L.1442, No.184, eff.
60 days; June 28, 2002, P.L.474, No.79, eff. 60 days; June 23,
2004, P.L.435, No.43, eff. July 1, 2004)

Cross References.  Section 2505 is referred to in section
2741 of this title.

West Vincent Zoning: See Satndards for Raising Animals Codified-Draft%20ZO-TOC-4-12-12 (Also see other pages like page 83 of the West Vincent Zoning Code

Excerpt from Gaming LawsWV Zoning 1

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pine

So this Bing image shows how residential this is, right?  Maybe Chester CountyDA needs to look at discharge of weapons in R2 zone ? Do you all not see
numerous dwellings that *possibly* could be well within the 450 ft gun safety zone?  I am told the area where he keeps the sheep is fenced, but in poor repair, with a section patched with plastic garden fence? If dogs as big as sheep can get in, sheep can get out, right?  Again, is he possibly in potential violation of zoning and gun laws?  Pine Drive is the first development approved in WVT in the late 60’s or early 70’s, correct?Isn’t it the only development ever approved with 1 ACRE LOTS?  So what about that safety zone in the entire residential development and discharging a weapon? Guns are a hot nationwide topic are they not?  Even in PA?

FIVE people have sent me photos. Here are the ones pertinent to this discussion:

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apparently it is “fugly” out there with horse rescue?

Posted on by

Someone sent me the link to a site called “FuglyBlog” and more specifically a link:

http://fuglyblog.com/2010/09/26/another-chance-to-avoid-actually-working/

But there is something fugly and funky going on about this website because for a fewdragrope from fugly blog minutes it came up and then it went down.

So the reason I was sent this post  was so I could see the apparent systemic problems with horse rescue within the Commonwealth of Pennsylvania. Can we say it isn’t just Jessica Basciano, Barbara Luna, Turning for Home and Off the Track Thoroughbred Rescue that people need to have their eyes open with?

This manure pile that is horse rescue seems to have a lot of whinnying going on, yet the more I read about it, the more I wonder why PA’s Attorney General isn’t looking at inconsistencies and oddities in all of this from the end of those who are registered in PA as charities to criminal investigations having to do with animal rescues?  From how the horses leave the track and where they go to how the horse rescues run and if they meet to burden for animal protection and welfare let alone how these businesses and non-profits run doesn’t it just seem the questions are layered with questions?noassfqhamare from the fugly blog

And let me be clear, I am not just speaking about the two rescues blogged about up here before, but the entire business of horse rescue in Pennsylvania.  I heard a tale yesterday of a situation going on at another Chester County barn that seems just nutty.  I don’t own horses, never have, never will.  But am I wrong in saying that it seems the only consistency about horse rescue in Pennsylvania are the many inconsistencies? Is it just me who seems to feel that if there are hard and fast rules, there seems to be a lot of gray area for interpretation?

And lets talk about the group that is supposed to be helping being the eyes and ears of right, ok? LAPS or Large Animal Protection Society? I have been told repeatedly by those in animal rescue in general that these folks have badges or something?  That they can go in and do surprise inspections and if need be, remove animals? But is their judgement clouded because of personal relationships their ranks may or may not have with persons in the groups they are supposed to keep an eye on? (And before someone in LAPs gets in a lather, sorry but it is not beyond the realm of reasonable to ask questions is it?)  And what of all the people worried about horses in Chester County who have a hard time with LAPs personnel? Are they all bad people out to bad mouth LAPs or are they merely good people who keep going back to the well that is LAPs hoping they will actually do their job?

LAPs has on their own website:

LAPS Can Assist Other Humane Agencies

In addition to investigating reports of cruelty to large animals, prosecution offenders, and rehabilitating and placing animals in new homes, LAPS is always ready and willing to provide information and support to other agencies both within and out-of-state.  We have provided people in other counties with the means and knowledge to encourage their local law enforcement officials to step in when the local humane societies do not, and have many times supported the State Police in their investigations in areas where the humane agencies do not provide service.

Also, we are glad to help anyone wishing to organize a humane society in an area not currently serviced by one.   We have “been there, done that” and are more than willing to share the information you will need to get started.  Our knowledge of the way the system works has been hard-won over the years since 1988 we have been in existence.  If you need help, just call!

Pennsylvania’s law governing animal cruelty, Statute 5511.

Pennsylvania’s law governing disposal of dead animals

Pennsylvania’s law governing the marketing of animals.

So LAPs if all this kerfuffle and conundrum concerning horse rescue has you down, can’t you all turn to other rescue groups for assistance?  Like the Humane Society and the ASPCA?

Anyway, back to what prompted this post – this Fugly Blog.  I pulled the cache on this one post (it is a couple of years old).  I turned the cache into a PDF that I found a fascinating and illuminating read.  (see upload of Fugly Blog cache ) It is about yet another horse rescue, Another Chance 4 Horses.

I will note that I went to www.GuideStar.org and pulled the most recent 990s I could find on Turning for Home, LAPs, and Another Chance for Horses.  I am posting them as they are public record and they are registered non-profits.  There are no 990s to be posted on Off The Track Thoroughbred Rescue because has anyone ever been able to actually find a business registered, a non-profit registered, or is it just a fictitious name registration?  Maybe that is why the judgement I found based on that recent court date is lodged against Ms. B? (See the links below, you can check the documents out yourself.)

Every time I say I am done with this cautionary tale the more that crops up.  Water seeks its own level, mold spreads, choose your analogy I have but one final question and that is when did it stop being about what is right for the horses?

Links:

Fugly Blog cache

judgement entered

turning for home PA 2011 990

LAPS PA 990 2011

Another Chance for Horse 2010 990

CBS Baltimore: Animal Rights Groups Angry After Sick Horses Found On Frederick Co. Farm (“A Pennsylvania man faces animal cruelty charges for the death of one of his horses in Frederick County.”

I think a non-profit rescue called the “Foxie G Foundation”  took in some of these poor beasts and apparently same person as involved in that case last year in Adam’s County  a guy named James Houseman. It is like hop scotch with horses. )

ABC27.com: 24 sickly horses seized from Dauphin Co. farm Posted:
Jan 14, 2013 3:47 PM ESTMonday, January 14, 2013 3:47 PM ESTUpdated: Jan 14, 2013 4:39 PM ESTonday, January 14, 2013 4:39 PM EST

By Sari Heidenreich – email (PALMYRA, Pa. (WHTM) -Twenty four horses, including four who are pregnant, were seized from a Dauphin County farm by the Humane Society of Harrisburg last week….Earlier this month, Kaunas said this is the first type of horse hoarding case she has seen.)

And from the LAPs website, “A Horse’s Prayer”:

Feed me, water and care for me,

and when the day’s work is done,

provide me with a shelter,

a clean dry stall large enough

for me to lie down in comfort.

Talk to me, your voice often means

as much to me as the reins.

Pet me sometime that I may serve you

more gladly and learn to love you.

Shoe me properly that I may serve you in comfort.

Never strike, beat, or kick me when I don’t understand what

you want, but give me a chance to understand you.

And finally oh master,

when my youthful strength is gone,

do not turn me out to starve or freeze,

or sell me to some cruel owner

to be slowly tortured or stoned to death,

but do thou, my master,

take my life in the kindest way, and

your God will reward you here and hereafter.

You will not consider me irreverent if I ask this

in the name of Him who was born in a stable…

Amen