Tag Archives: State Senator Andy Dinniman

how many accidents will have to occur on route 100 through exton before something is done?

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100 accident 2

See that car? It was behind a good friend on Route 100 yesterday. They were in a horrific accident on 100 waiting at a red light I think at the Ship Road intersection.  They were not in the turning lane, but in a through lane.

Route 100. I hate it and avoid it when I can – not the part that scoots into West Chester at the end but the constantly under construction Exton and so on part.

I almost lost a friend last night. She is a mom to four small kids, too. This is what she says in part:

“Had a scary moment earlier tonight. Was driving back from ….Exton …..Was stopped at a red light on Route 100. I had a line of cars ahead of me and one car behind me. We were all waiting for the light to change. In my mirror I saw headlights moving toward us at a high rate of speed. They were high —it was an 18-wheeler truck. I have no idea why it didn’t brake.

 

It slammed into the car behind me- completely totalled that car. That car went into my car- and I went into the car ahead of me. In all, 4 cars were damaged- and one big truck.

 

The scariest part was seeing it coming and not having enough time to do anything except grab the wheel, brace for impact, and scream. Happily, we all walked away. I went to the ER just because I was nervous about the neck pain & headache, but it’s just a strain and I get to go home to my bed and my family, unlike some other folks who were in the ER for other ailments.  Life is precious.”

 

Damn it when are they going to deal with what happens on that road? PennDOT? State Representative Duane Milne? State Senator Andy Dinniman? Chester County Commissioners? Anyone?

THERE ARE TOO MANY ACCIDENTS ON THIS ROAD.

I am guessing the perpetual almost Brooklyn Bridge-like state of constant (chronic?)  construction doesn’t help, but it shouldn’t be an excuse.

Route 100 is deadly. And it almost took someone I know last night and I am NOT o.k. with that.

Thanks for stopping by and yes these are accident photos from last night I was given to use.

100 3 100 4 100 5 100 6 100 7 100 8 100 9 100 10 100 11 100 accident

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.

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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?

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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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west king road east whiteland

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This is West King Road in East Whiteland.

Now I know this road is not unique. The roads in multiple counties around Pennsylvania  are in deplorable condition after this winter. The frost heaves alone are incredible.

But if you don’t constantly point out to PennDOT what roads are in deplorable condition, nothing gets fixed. I am also putting this out so State Representive Duane Milne’s  office sees more photos. I emailed them about this recently and once again they never even acknowledged the email.  

I am still finding that the communication between elected officials and regular residents out here leaves a little to be desired at times. I also informed State Senator Andy Dinniman’s office. 

Both the honorable State Representive and State Senator should be glad I am not writing a dissertation on the deplorable conditions of Route 100 and the constant PennDOT construction project there. That road is dangerous and treacherous at this point in places. 

If you know of roads that are in really bad shape and Chester County feel free to post photos and comments on the Chester County Ramblings Facebook page.



buddha says relax

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Out in the middle of the wreckage of tree limbs in the back of our garden sits the garden Buddha my sister gave me. So far, somehow, he survived. It’s a nice bright spot.

Today our adjuster came out. Soon clean up will begin. I also had a conversation with one of the nice staff members from State Senator Andy Dinniman’s office. We spoke of the storm and what it was like for my neighbors and myself. They are taking account of the storm and how constituents fared in various municipalities. It was nice to speak to them.

We also spoke about the fact that after every big storm, hurricane, or natural disaster the opportunistic come out of the woodwork. Contractors, grifters, tree services all prices inflated generously post storm event.

I already experienced storm pricing sticker shock when I asked a tree company doing work near by for an estimate for the heck of it since they were around. I used to live near a Main Line arborist and well, even they would have balked at the quote. Perfectly nice man, but no thank you.

As you look to do repairs or just clean up, take your time finding people. Check multiple references and make sure they have the right licenses if they need one.

And then there are the other storm opportunists – the petty thieves who seem to be robbing people who still have no power and had to leave their homes temporarily.

One of the people robbed in Radnor was a friend of mine. Today a television station which shall remain nameless (and one I don’t know reporters at) essentially went door to door where they live until they found out where they lived. Seems to me that is almost victimizing victims twice: first they get their cold, dark house ransacked and then a television station they did not exactly contact goes door to door. The reporters I know don’t do things like that.

I am sure the public adjusters are making their rounds. Does anyone remember the public adjuster from the Main Line arrested in December for stealing hundreds of thousands of dollars from the very people he was supposed to be advocating for?

To me that is the ultimate cautionary tale. If you have good insurance you will get a regular adjuster, and quite frankly from a practical perspective why give someone part of your insurance settlement? Because that is what public adjusters do: they take a percentage and as some of my friends have told me then can slow down the whole insurance and repair process .

I hear we are to get more snow this week. I don’t know about you all but I am ready for spring!

Here’s to spring! (Or…we can dream of it)

woof! more drama out of chester county SPCA

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puppy

This sweet pup has nothing to do with the drama at the CCSPCA. This pup is just a reminder about WHAT it is the CCSPCA is supposed to be about….

Sigh….another in depth article about the issues regarding the Chester County SPCA today.

Planned land sale raises questions for Chester SPCA board
 Mari A. Schaefer, Inquirer Staff Writer  Wednesday, September 4, 2013

Two years after the Chester County SPCA turned down an offer to sell 20 acres of  the nonprofit’s land to West Bradford Township for a public park, the shelter’s  board has agreed to sell the land to a real estate partnership in which board  president Conrad Muhly is a principal….

Muhly is a principal member in Embreeville Redevelopment, a limited partnership that has an agreement of sale to purchase the CCSPCA’s unused acreage at West Strasburg Road and Shagbark Drive.

The land abuts the 245-acre Embreeville State Hospital parcel that the partnership purchased from the state for $1.05 million in the spring for potential development.

Many thanks to reporters like Mari Schaefer who continue to follow this story.  Conrad Muhly should step down immediately. Is it just me or is his involvement in this whole land thing a conflict of interest as a CCSPCA Board Member, let alone President of said board? As a matter of fact he and any board member that are truly interested in the best interests of a non-profit shelter with a venerable history, should step aside and allow fresh faces and fresh perspectives to step in. And where is Jim Jones the Controller of the CCSPCA in all this?  Some say he should be spoken to?

Mr. Muhly was undoubtedly chosen for his board role at CCSPCA because I imagine he is a wealthy man. When you look him up on PA’s publicly searchable corporation data base  you come up with what I assume are familial construction entities and then an internet search shows something called “Terra”. Don’t know much about it, found it on his LinkedIn profile.

Now this whole issue in West Bradford stems around this  Embreeville Redevelopment, and here is their page off the searchable corporations database:

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Mr. Muhly is named as a partner on the Marshallton Conservation Trust website:

Marshalltown CT

On 8/4/13 The Daily Local wrote a scathing editorial about this project:

For decades, the hundreds of acres of land that stretch between the villages of Embreeville and Romansville in West Bradford served the needs of Chester County citizens, as the location of a poorhouse, a state hospital for the developmentally disabled, and as the spot of a state police barracks.

Since the late 1980s, it has been less and less of a vibrant place, and now stands as a forlorn reminder of past uses…..the idea that the land would be the perfect place for a housing project with more than 1,000 units would be a call for a disaster.

Apparently we have the Commonwealth of PA (you know, the people who can’t seem to get their collective act together where dog laws are concerned and other things?) to thank for selling this property, and West Bradford has a page dedicated on their website to just this topic. As an aside I wonder if parts of this property might be creepy a la Pilgrim State Hospital in New York on Long Island that I took some photos of this summer.

Anyway, back to the dogs.  Seems to me that the shelter dogs and animals are not thought of in this land equation much are they?  Ironically the Treasurer of the CCSPCA mentioned in the Inquirer article and who also did not return calls was honored by the CCSPCA in June as Volunteer of the Year (see the pretty picture below?) as per the Unionville Times:

Here is hoping the Chester County SPCA can jettison all this trouble and get back to what they are about: the rescue and re-homing of neglected, abandoned animals.  This controversy in my opinion only continues to tarnish their reputation and eventually will make people want their non-profit status evaluated for any number of reasons.  And that, ladies and gentlemen, cats and dogs would be a horrible thing to have happen.

And a note to those like “birdiegirl” who like to roam around flapping their keyboards in quasi anonymous glory on websites covering this, sunshine is a bitch when it happens which is why no one can ever hide this stuff forever. Please stop running around crying fowl and actually put your energy to better use by telling the CCPSCA to get it together.  They caused this, not anyone else. And if they did their recent inspection truly and honestly, I am glad they passed.

In case you are interested, here is who the CCSPCA lists as board and staff these days:

BOARD AND STAFF

Board of Directors

Conrad E. Muhly, President
Doug Marshall, Vice President
Frank Sobyak, Treasurer
Beth Hills, Secretary
Joe Colella
Richard M. Dluhy
Bud Haly
Kim Denise Morton
Debbie Nason-Naples, Esq.

Board Member Emeritus

Elizabeth Minor

Management Staff

Larry Dieter, VMD, Director of Veterinary Services
Robyn Freese, Business Operations Coordinator
Jim Jones, Controller
Becky Turnbull, Animal Protective Services Coordinator
Here is their mission and vision:

OUR MISSION

To promote the welfare and humane treatment of animals and to be an advocate on their behalf.

OUR VISION

To be the recognized center for animal welfare fostering a  community that believes life should be respected and treated with  dignity.
Here is hoping they get back to both soon. Here’s hoping that the Attorney General for the Commonwealth of PA is looking into this, right?

gone but not forgotten

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On February 19th, 2013 this blog broke the story of intolerable cruelty in West Vincent Township.  It was about the unwarranted shooting of two puppies named Argus & Fiona by a man named Gabe Pilotti in West Vincent Township. Since that time there has been much back and forth and legal hop scotch as people wait for a trial date so justice may be done the right way through our legal system.

This morning was supposed to have been the court date at the Chester County Courthouse in downtown West Chester, PA.  These were the charges levied back in February by the Chester County District Attorney’s Office:

CHARGES

1 M1 18 § 5511 §§A2.1IA Cruelty To Animals 02/12/2013 T 295420-6

2 M1 18 § 5511 §§A2.1IA Cruelty To Animals 02/12/2013 T 295420-6

3 M2 18 § 2705 Recklessly Endangering Another Person 02/12/2013 T 295420-6

argus and fiona

But according to my sources, no court date took place earlier this morning.  (I am sick or I would have been at the courthouse, truthfully.)

The Bock family has suffered through the loss of their dogs and the ups and downs of the justice system, and I feel really badly for them and the memory of Argus & Fiona.  No one has asked for the sun, moon, or stars.  No one has condoned or asked for vigilante justice.  All anyone has asked for is that the justice system see this through and for lawmakers to consider strengthening dog laws in the Commonwealth of Pennsylvania so families and pets in this state not only have legal recourse, but laws that aren’t antiquated and might actually protect innocent pet owners and their domestic animals.

We’re still waiting.  And we want everyone to know we have not forgotten Argus & Fiona.  And neither should you.

I know that West Vincent Township would love everyone to forget about Argus  & Fiona because it happened in that warped Mayberry.  And like everything else that happens in West Vincent, it seems to be a bit of a hot mess still doesn’t it?  After all, why is it months ago when the charges were announced, why is it that West Vincent Township PD couldn’t confiscate one shotgun pending the outcome of the legal proceedings?

Mary Bock commented the other day on the Justice for Argus & Fiona Facebook page:

To all the wonderful people who have been supporting us and this fight for justice for Argus and Fiona, I wanted to give you a little update as to where we stand.  Because the defense has control over  the dates for court appearances, our initial main concern was having the gun removed from Pilotti’s possession….but because he has an “emotional attachment” to the gun it wasn’t that easy…..The DA suggested…that the gun be placed in a lock box at his neighbor’s house. The background checks were done on the neighbor and the gun was handed over….Sometimes it’s very hard to get any information…Thank you everyone for the continued support and all of your kind words

Again, I am not having a gun debate here (nor am I deliberately slamming or questioning the Chester County District Attorney’s office ) but I still fail to understand that since there has been a reckless endangerment charge pending why West Vincent didn’t pick up that gun and simply lock it up for safekeeping when those charges landed months ago? I have been told that is common practice when there are legal proceedings pending so I have always found this back and forth on what should be fairly cut and dry confusing.  I also do not get how you could have an emotional attachment to a shotgun, do you? I sure hope that West Vincent has periodically checked to see that this gun is in fact locked up  in this neighbor’s gun safe don’t you?

I do know that people in West Vincent are holding their breath still on this and let me be abundantly clear, I embrace responsible dog ownership just like I embrace responsible gun ownership.  I also respect the farmers’ rights to defend their livestock in crisis situation, but this was never a crisis situation because these puppies never attacked anything did they? I am also still at sixes and sevens as to whether or not Gabe Pilotti is actually a farmer or truly a hobbyist?  There is a difference.

I will also state again for the record that despising what Mr. Pilotti did in February is honest human emotion.  However I do not condone the behavior of people who stood in the middle of roads shouting with bullhorns or trespassed on people’s property or threatening him.  That is all wrong.

I post today to reaffirm that  people have not forgotten these poor dogs and what fate befell them and to remind lawmakers that they can’t just talk a good game when it comes to protecting our domestic pets like dogs.  They actually have to get off their duffs and DO something.  These pets aren’t property like an azalea bush or an ear of corn, they are part of our families. And since Argus & Fiona were shot to death we have heard of other cases of intolerable cruelty like this in Pennsylvania and other states.

Please contact your lawmakers again about Justice for Argus & Fiona and for changes to the dog laws and animal cruelty laws so animals are properly protected. I would also go as far as to suggest not only contacting your state elected officials (as in State Representatives and State Senators) but your U.S. Congressman as well for stronger Federal laws.  For most of us in Chester County, we are either served by Pat Meehan or Jim Gerlach.

And I really hope some day that Mr. Pilotti can express remorse to the Bocks eye to eye, don’t you? After all how will that man ever have peace in his own world without doing that?

I will close this post with a Buddhist prayer I find oddly apropos here today (yes I know not the norm you expect from a Catholic but never the less):

By the power and truth of this practice:
May all beings have happiness and the cause of happiness
May all beings be free from sorrow and the causes of sorrow
May all never be separated from the sacred happiness which is sorrow less
And may all live in equanimity without too much attachment and too much aversion
And live believing in the equality of all that lives.

-The Tibetan Book of Living and Dying

 

sigh….

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wv4West Vincent must think I have some super secret radar when it comes to that municipality.  I don’t.  It just seems to be the land of dumb stuff. But given the mental midgets who govern over there, is it any wonder? (And lest West Vincent officials get their panties in a knot over this post they can thank the public info that let this stuff loose. Yes, municipalities like this love to live under the radar, but they might as well accept that through their own actions this Warped Mayberry is now on the radar of many…)wv5

When State Senator Any Dinniman posted an article about fracking and stuff on his facebook page I learned what I thought was I don’t know what in West Vincent sandwiched between dense residential development and playing fields for children was indeed some kind  fracking or gas line thing.  So close. So close. That is kind of freaky if you ask me. I would never want to be so close to something like that. The thing is although we might need the gas, you don’t know really how the whole process can affect people that live close by, can you?

wv3

Senator Dinniman had a simple message:

We cannot allow natural gas pipeline companies to run indiscriminately throughout our open spaces, pristine waterways and backyards. In Chester County, we value the environment. And there are enough people who have the skills, talents, and financial resources to resist encroaches done insensibly and without proper community dialogue

wv 2a

No matter WHERE you stand on fracking and those pipe lines, you can’t disagree with that.  Here is the article:

In Chesco town, opposition helped stop proposed gas pipeline

By Aubrey Whelan, Inquirer Staff Writer
Posted: March 12, 2013

And then there is the latest from Chickenman, hence the title of his post “sigh”.  I am pleased to note that a lot of people who once thought Chickenman was “scary” now understand that it is the truth he puts forth that is scary.  His truth comes from public records and public sources.  Soon those friends of West Vincent supervisors will undoubtedly start putting up flyers in the post office again. Of course, they do so at their own risk because that is utterly illegal IMHO.  And if you are a victim of these flyers you can and should turn them over to postal inspectors to run through crime labs. Postal inspectors don’t play.

Anyway, here is what chickenman is saying and you can be your own judge but IMHO West Vincent is playing Russian Roulette with the environment again.  But then again, in West Vincent it is always about who you know.

Anyway Chickenman’s missive of 3/22/2013:

Hi. A new business is opening in West Vincent Township. This is great news for the Township, a new business. Here is a copy of a brochure from the business.WestVinc1Seems you’ll be able to buy all of your hard landscaping supplies here. It is located on the far west side of West Vincent Township on route 401 just before getting into East Nantmeal Township.It looks to me like there may be a problem with this establishment, though. Here is a picture of the operation.                         WestVinc2What kind of problems, you may ask? All the trees next to the stream have been torn out in order to set the concrete barrier walls. It looks like the containment bins are too close to the stream. If mulch is going in those concrete bins, the drains would spill directly into the stream, which is not allowed. The CFO of the company that owns this property was a member of the Sustainability Committee in 2012. I wonder how the other members feel about this? Sounds a little like Pam Brown, doesn’t it? Of course, those are just the environmental issues. Then there is the problem of this project is being built in a residential area. While the trucking company has the right to be there from a previous zoning hearing board decision, I don’t think there is an allowance for a landscape supply or retail establishment. That would be another commercial use on top of the one already granted in an area that commercial isn’t allowed. This would be a violation of the Township Zoning.Why am I talking about this issue? Because it involves Katharine “Kit” Trolier. Kit Trollier, formerly Kit Greiner, is the CFO of Greiner Inc. the company that is expanding the business operations and is part of the family that owns that land. Kit is also a Ken Miller handpicked member of the Zoning Hearing Board in West Vincent Township. She is a Judge that decides people’s property rights within the township.You may remember Kit Trolier. She ran for Committeewoman twice and once for Supervisor. Every attempt was unsuccessful. But that doesn’t mean Kit Trolier isn’t without friends. While running for political office, she was supported by Supervisors Ken Miller and Zoe Perkins. During her run for Supervisor, she partnered with David Brown who was successful at becoming a West Vincent Supervisor. Kit was on a board for a company that West Vincent Township solicitor Steve Siana own. She bought the property where she resides from Steven Siana. One of her best friends is fellow zoning hearing board member Carl Brachwitz. And, I repeat, she herself is a member of the same Zoning Hearing Board. She is a former member of the Sustainability Committee and also a member of the Trash Task Force. She is well connected.From the township minutes Jan 7, 2013:Trash Task Force appointments and terms (1 year term to expire on December 31st of the listed year): Steven Bazil, 2014 Eugene Briggs, 2014 Chip Farnham, 2014 Penny Furgess-Hodgkins, 2014 Peter Gafer, 2014 Bob Kaiser, 2014 Ted Otteni, 2014 John Rieder, 2014 Harry Saunders, 2014 Kate Stanton, 2014 Kit Trolier, 2014 Michael Whitehead, 2014What will come of this issue now that this information is in the public? Will Ken Miller’s administration be able to protect his friend? For the environmental issues, it could go either way. After all, Supervisor Miller is probably the biggest polluter in West Vincent after Exxon/Mobil and he has been able to somehow skirt the PA DEP. (http://kenmillersepareport.blogspot.com/).I think it’s doubtful. But I could be wrong. After all, this is West Vincent Township.As far as avoiding the township issues, DL Fleck still operates illegally, in direct conflict with a Chester County Court of Common Pleas Order. The township doesn’t enforce the ruling or regulations when it involves friends. Kit Trolier has been a good lapdog for the Miller administration, even defending the motives for the Eminent Domain actions against the Ludwig’s Corner Horseshow grounds. There may be some posturing but in the end, it is doubtful that the zoning will be enforced. After all, Kit (Greiner) Trolier is the final enforcer at the township level.Here is a screenshot saved from www.goodgovernmentforwestvincent, Kit Trolier’s campaign website, a website which was removed after David Brown was caught contradicting his campaign statements on issues AFTER he was Supervisor. It shows she has been CFO for Greiner Inc. for almost 20 years.WestVinc3Best wishesChickenman 

for the dogs

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HeidiIt was February 19th when I broke the story here of the intolerable cruelty of humans. What happened to the Bock family and Argus and Fiona is still almost unspeakably horrible.  But thanks to the love and amazing kindness of friends and strangers, what had begun as horribly negative is taking turns towards positive, so I thought I would post again.

I had stopped posting about this because I had concerns about the extreme reactions I had heard about including the woman with a bull horn screaming in the middle of a street. Or all the people who drove out to West Vincent to stalk the streets and see “where it happened”.   Behavior like that is as unacceptable to me as shooting the dogs was and we’ll leave it at that.

The Bock family was blessed recently with a rescue Berner.  Mary told all of us and she wrote:

Look what found us and is helping us heal!  Her name is Heidi, she’s a rescue.  She came to us Friday, spent Saturday at the doggie spa and its been nothing but love ever since!  She’s almost 5 and is loving all the attention.  She’s been great helping the kids heal and we think she’ll be awesome with the future puppies.  The way we see it, she is the first dog Argus and Fiona saved.  Hopefully there will be many more in the future!

How beautiful is that?  The Bocks, as was reported in the media also met with our State Senator Andy Dinniman.  Andy is a huge dog advocate.  Here is what Andy is up to as per West Chester Patch:

Dog Shooting Should Be Curbed, State Sen. Says

Andy Dinniman wants to make it more difficult to legally shoot a dog, and easier for grieving pet owners to sue.

ByTom Sunnergren  Email the author  March 2, 2013

In the aftermath of the shooting of two Chester County dogs, state Senator Andy Dinniman will introduce a pair of bills punishing animal abuse, the senator announced on his website last week.

According to the release, Dinniman’s first bill changes the circumstances under which it is legal to shoot a dog. Under Dinniman’s bill, some Pennsylvania residents would be allowed to shoot a dog that entered their property if it was chasing another animal “with apparent intent to harm.” The current law allows residents to shoot dogs that are simply pursuing another animal. The bill would apply only to state counties with populations of over 210,000, of which Chester County is one.

The second bill would allow grieving pet owners to sue if their pet is killed on their property. The maximum penalty would be $12,000.

Dinniman said the bills were written in response to the Feb. 12 West Vincent incident in which a man allegedly shot his neighbor’s two dogs after they ran onto his property, but wouldn’t punish the defendant.

“My bill, even if passed, is not retroactive and will have no direct affect on the parties in West Vincent one way or the other,” the state Senator said. “But this awful shooting illustrates what can happen and the need for our justice system to better recognize the unique role pets fill in our families.”

As many of us learned, what happened to Argus and Fiona has happened to other dogs.  As a matter of fact we had heard on the Justice For Argus & Fiona page on Facebook of another case from up around Lebanon, PA.  I think the Bocks inspired them to come forward to heal:

for the dogs

And here is Mr. Ranck’s story in the York Daily Record:

Dog owner whose pets were shot wants law to require notification

Lance Ranck of Springfield Township said his dogs were shot by a nearby farmer when they got loose Dec. 26. Ranck believes state law should require anyone who shoots an animal to report it to police.

By REBECCA LeFEVER Daily Record/Sunday News

 York, PA –dog storyLance Ranck’s two dogs — Zoe, a 1-year-old herding dog, and Izzy, an 8-month old black lab — were shot and killed Dec. 26 after they broke through an electric fence. The dogs ran to a nearby farm and were shot when the landowner saw them advancing toward his livestock, said Melissa Smith with the York County SPCA.

Ranck of Springfield Township said he understands that if Zoe or Izzy had attacked and hurt the sheep, he would have been liable for the damages. But what he doesn’t understand is why the state doesn’t require someone who shoots an animal to notify police.

Instead, he said, his dogs were buried somewhere on the farm.

Ranck said he and his wife noticed a problem with their electric fence and they called a technician to come look at it. Just after they thought dog collars were fixed, he said, the dogs managed to get beyond the fence and run about a half mile from their home in the 8300 block of Fishel Creek Road to a neighboring farm.

“If not for the snow that had fallen that night, we would’ve never known where they went,” Ranck said.

He and his wife followed the dogs’ tracks to the farm.

The farmer, who has not been charged, according to Smith, could not be reached for comment….

Ranck said the loss of Zoe and Izzy, which he and his wife owned since they were puppies, has been tough to handle.

“We know our dogs shouldn’t have been off the property,” he said. “But if someone has the right to shoot them they should be accountable to report it.”

Ranck said it’s not about “wanting something” from the farmer, but seeing if the law can be changed to address future incidents. He’s reached out to state Rep. Ron Miller, R-Jacobus, and they plan to meet to discuss his concerns.

“If we hadn’t been able to follow their tracks we might still think they were just lost,” Ranck said. “A flier on the street wouldn’t help us if they’re dead.”

What haunts me here is Mr. Ranck’s words “State Police refused to go out and our county SPCA finally went out after we notified them that we are going public…2 months later”. (However, should I be surprised about that given the takes I hear from folks who talk about horse rescue and that group LAPS?)

It just goes to show everyone how badly laws need to change.  No one wants to take away all rights of farmers, but there needs to be better protection for the dogs.  And the media needs to be the public’s partner in this.  It’s all well and good that Fox29 posted an update about the Bocks beginning again and being blessed with a rescue dog, but we need media outlets like them to not forget that people want laws to change.  The playing field is past due for a leveling.

Please write your state representatives and state senators if you live in Pennsylvania.  Do it for the dogs.

People have been asking when Gabriel Pilotti is going to court.  It seems to be a bit of a moving target.  First it was 3/28 then it was moved to 4/4 at 9 am, yet when I pulled the court docket just now, it gives the time as 4/4 at 1 pm.  This means, people are going to have to watch the dockets closely.

See:

court date

I have uploaded a PDF of the docket as it appears this morning: Commonwealth of PA v. Gabriel Pilotti

 

malvern train station: all that $ spent and still not ADA accessible?

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malvern 3Wow.  Way to go Pete Kennedy from Malvern Patch!  Millions of tax dollars were spent on making SEPTA’s Malvern Train Station new and improved….and I thought that meant fully ADA accessible. Only, as Malvern Patch is reporting it is NOT truly  ADA accessible after all.

SEPTA seems to have provided Patch with some amazing non-answers.  I find it absolutely astounding that train stations are being reconstructed at the tune of millions and millions in tax dollars, grants, you name it and they are supposed to be new, improved, shiny, and ADA accessible…only they aren’t?

malvern1

Malvern Patch: Wheelchair Users Can’t Board Trains in Malvern, Despite Ramps/How can a person in a wheelchair get onto the train? They can’t, SEPTA said.

ByPete Kennedy Email the author 5:30 am

A Malvern Patch reader who watched the $9.2 million renovation of the Malvern SEPTA station has been wondering something.

Rob Anderson, a daily rail commuter for more than 12 years, writes:

[T]hey installed all the ADA required ramps, etc. and that is great.  But, how can a person in a wheelchair get onto the train?  Has SEPTA made any indication of how they are going to install ramps for riders to get on/off the train?

We reached out to SEPTA, and spokesperson Kristin Geiger explained that there’s currently no way for someone in a wheelchair to board the train in Malvern, despite the many new ramps. They can, however, request free transportation from Malvern to a nearby station with a high-level platform

You can read the full SEPTA response on Malvern Patch.

malvernSo how are the railroads accountable exactly?  Shouldn’t they be fined and forced to remediate? I pretty much just asked Philadelphia Inquirer reporter that question a few moments ago as he wrote a rather large article the other day about the Paoli Station makeover which is moving forward.  If all new and reinvented, rebuilt, repurposed train stations are supposed to be ADA accessible, why aren’t they? I mean ask anyone who opens a business that has public rest rooms for example.  They can’t just say “oops we’ll add handicap accessible bathrooms later” can they ? So why is it any different for public transit entities like AMTRAK and SEPTA?

According to AAPD “Of the nearly 2 million people with disabilities who never leave their homes, 560,000 never leave home because of transportation difficulties“

I can tell you off the top of my head in addition to Paoli, Bryn Mawr and Ardmore train stations are not ADA accessible.  So now Malvern is back on that list after a very expensive face lift that included all sorts of fancy ramps.  I was using Malvern station a great deal almost two years ago now when being treated for breast cancer. It was so difficult for me to navigate, and I kept thinking that at least at the end of the project people with temporary and permanent disabilities would be better served when the renovation was complete.

I am utterly amazed that Malvern Borough did not stay on top of this project to ensure ADA compliance, but should I be surprised?  Malvern Borough has some of the worst sidewalks I have ever seen in their downtown, so obviously ADA compliance is not a huge priority is it? Maybe it will be when someone trips on a sidewalk and sues the borough?

I figure I would bring this up now, given the money about to be spent in Paoli on a new train station. I am thrilled that this project is moving forward as in Ardmore there is nothing transit related happening with regard to THAT train station project and one can assume people will be riding Dranoff condos or apartments into Center City Philadelphia.  The Paoli project will remove that hideously dangerous and outmoded North Valley Road bridge, but Paoli Train Station has serious ADA issues now, so will the station be ADA compliant?

Part of why these train stations are getting makeovers isn’t just parking and aesthetics, the functionality is supposed to be bought current.  I guess I just don’t understand the thinking of SEPTA with regard to Malvern and wonder why they can’t just do something right the first time?

To quote the AAPD again:

Transportation and The Americans with Disabilities Act

The Americans with Disabilities Act of 1990 (ADA) is the landmark civil rights law that addresses the rights of people with disabilities. Title II of the ADA prohibits discrimination on the basis of disability in public transportation services, such as city buses and public rail (subways, commuter trains, etc.). Under the ADA; all new vehicles used in public transit must be accessible; key existing rail stations and all new rail stations and facilities must be accessible; and transit operators must provide paratransit (on-demand, door-to-door) services for those who cannot use available mass transit.

 Accessibility

Twenty years after passage of the ADA, transportation choices for people with disabilities are still limited. The ADA has led to major improvements in transit systems across the United States. However, there are persistent gaps in compliance that continue to create significant barriers for people with disabilities. In addition, because the ADA only addresses public transportation, few transportation options exist for people with disabilities where no public transportation is available. In some areas, such as in rural communities, insufficient funding has left people with disabilities with little or no transportation options. In urban areas, where individuals often rely on accessible taxis, a lack of requirements has meant very uneven progress.