January 26, 2011 - ChaddsFordLive.com

State Supreme Court ruling makes Pennsbury a ‘benchmark’

It’s been nothing but a litigious,
back and forth decade for a planned multi-use development in Pennsbury
Township. Now the Pennsylvania Supreme Court has chimed in, reversing a lower
court decision involving Pennsbury Village and a lawsuit that was filed after a
settlement agreement between the developer and several residents.

One of those residents is
current Supervisor Aaron McIntyre. The Supreme Court, on Jan. 19, overturned a
2008 Commonwealth Court decision saying that McIntyre was immune from a so-called
SLAPP suit from the village developer, Pennsbury Village Associates.

A Strategic Lawsuit Against
Public Participation is one “in which a corporation or developer sues an
organization in an attempt to scare it into dropping protests against a
corporate initiative,” according to www.nolo.com.

The Supreme Court ruling said
the Environmental Immunity Act does not shield a person who is a party to a
previously court-approved agreement on the matter.

McIntyre said the decision
should have no impact on the township or McIntyre himself and won’t change what
he’s trying to do.

“I’m trying to be sure the
development is in the best interest of the township,” he said.

He added the ruling would not
force him to recuse himself on any decision regarding the village project.

McIntyre became a supervisor in
the 2009. He was a private citizen at the time he and others—including Jenny
Fenton, the wife of current Supervisors’ Chairman Wendell Fenton—signed a
stipulation agreement with the developer that called for the supervisors at the
time to decide how a portion of township property could be used in the development.

Specifically, the stipulation
said supervisors could decide on the placement of an access road through
township property.

McIntyre then went to Chester
County saying that public property was being used for a private venture,
violating the county’s agreement with the township for use of the property.

That action led to the suit
that resulted in the Commonwealth Court decision granting McIntyre immunity
from suit. PVA appealed that ruling and the state Supreme Court ruled in its
favor last week.

MaryAnna Ralph, a supervisor at
the time the stipulation was signed, said the new ruling has no direct impact
on the development, but does open the door for further action against McIntyre,
should the developer choose to do so.

“For anything to happen, the developer,
or someone, would have to take action against a breech of contract which caused
damage to the developer and possibly the township,” Ralph said.

She added that the decision
does set a precedent for future legal decisions.

“In the future…any decision
that is made, any agreement that is reached, once this was overturned by the
Commonwealth Court, that someone could claim immunity after they signed a
contract, that left the whole settlement process hanging. So this had to be
clarified. Pennsbury will be a benchmark in making sure that once someone
enters a contract that they have to abide by the contract,” she said.

The village project calls for a
high density, multi-use development with retail shops, restaurants and
condominiums in a 20-acre area on either side of the township building along
Route 1.

The two separate parcels were
not large enough by themselves to satisfy the ordinance requirement for the
development, so supervisors in 2004 agreed to use some of the township property
for a connector road and for wastewater management.

At least six lawsuits have been
filed in relation to the proposed plan.

About Rich Schwartzman

Rich Schwartzman has been reporting on events in the greater Chadds Ford area since September 2001 when he became the founding editor of The Chadds Ford Post. In April 2009 he became managing editor of ChaddsFordLive. He is also an award-winning photographer.

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Police log Jan. 27

Police

• Someone kicked in the side door of a residence on
Hillendale Road on Jan. 24 and stole a jewelry box belonging to the resident, a
state police report said. Police from the Avondale barracks said the break-in
occurred sometime between 8:30 a.m. and 6:07 p.m. This residence was also broken
into last summer.

• Pennsylvania State Police from the Avondale barracks are
investigating a Jan. 19 burglary in Pennsbury Township. A report said someone
stole a flat screen TV from a home on Fairville Road sometime between 2:30 and
5:30 p.m. The victims are a couple in their 70s, the report said.

• A 37-year-old West Chester woman had her purse and gym bag
stolen when someone smashed the passenger side front window of her car that was
parked on the 1100 block of Pocopson Road in Pocopson Township. A police report
said the victim’s debit card was used at Walmart and Target stores in Delaware
County. The incident happened Jan. 19, sometime between 8 a.m. and 1 p.m.

• One person was transported to Christina Hospital with
injuries of unknown severity following an accident in Pennsbury Township, a
state police report said. The Jan. 19 accident happened at the intersection of
Fairville and Hillendale roads when one vehicle stopped at a stop sign and the
other slid through a stop and struck the other.

About CFLive Staff

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Bits & Pieces Jan.27

Local News

• Read-Aloud tours for children begin Thursday, Feb. 3 at the Brandywine River Museum, from 10:30 to 11:30 a.m. The program runs through March 17. There will be a different program each week. Children may participate in one or all of these tours, designed for children ages 3 to 6 accompanied by an adult.
Reservations are requested. Workshops are free for members and children under age 6, and are included with Museum admission. To register, call the education office at 610-388-8382.

• Brandywine Valley Quilters Guild monthly meeting will be Tuesday, Feb. 8 at 7 pm at the Rachel Kohl Community Library, 687 Smithbridge Road, Glen Mills. The guest speaker will be Cindy Friedman, a member of The Fiber Revolution, who will speak on the Botswana Quilting Project. www.brandywinevlyquilters.org

• From March through December there will be a new exhibit in Eleutherian Mills at Hagley: “Wedding Traditions of the du Pont Family, 1813-1915,” will highlight treasured artifacts such as heirloom jewelry worn at weddings, portraits of brides, and two wedding gowns. This exhibit will open Saturday, March 12, and will be on display through Sunday, January 15, 2012, in the second floor exhibit gallery of Eleutherian Mills Residence, the du Pont family ancestral home at Hagley. The exhibit is included in regular admission and tour and free for members.

• Chadds Ford Business Association monthly meeting is being held at the AAA office in 1810 Wilmington Pike, Glen Mills PA Thursday February 3 at 8:00 AM,. The topic is “Effective Packing for Business and Pleasure: Navigating the New TSA Regulations. The cost is $15. All are welcome.

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Adopt-a-Pet Jan. 27

Local News

Baby and Demi are two young adult female
rabbits that are currently available for adoption at the Chester County
SPCA. They came to the shelter on Jan.
11 because their owner’s child was allergic to them. Baby and Demi are very
sweet and social rabbits who would like to find a home together. They are use
to being handled; they are litter-box trained and get a long with children and
even dogs. Demi is the sable mini lop bunny and Baby is the light gray dwarf
bunny. They would make great pets for a first time rabbit owner.Baby and Demi are now looking
for a responsible care giver who will give them the love and attention they
deserve. If you are able to provide Demi and Baby
a home, visit the Chester County SPCA at 1212 Phoenixville Pike in West Goshen
or call 610-692-6113. Baby’s registration number is 96802634 and Demi’s
registration number is 96802633. To meet some of the other animals available
for adoption, visit the shelter or log onto www.ccspca.org.

About CFLive Staff

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It’s the people as much as the politicians

Opinion

The Constitution requires the
president to make an annual State of the Union address. One wonders if the
framers new it would turn into a political pep rally, lathering up partisan
party politics as well as populist fervor.

There’s likely no way they
would have known that presidents would almost follow a script for 40 years.

Richard Nixon said the end of
U.S. dependence on foreign oil was only a few years away. Jerry Ford, Jimmy
Carter, Ronald Reagan, George H.W. Bush, Bill Clinton and George W. Bush said
the same things. Barack Obama said it, too, during his address on Jan. 25.

Each president, at least those
since Reagan and through this week’s Obama speech, has said that the government
is too large, too intrusive and too expensive. They’ve been correct about that,
but none of them have done anything to change the facts.

Indeed, the debt has increased
every year no matter who was in the White House and no matter which incumbent
big government party had control of Congress.

In the mid 1990s, Bill Clinton
said the days of big government were over. Right, Bill. Then why is the
government more intrusive now? Why is the national debt $14 trillion? Why does
a president, Barack Obama, who argued against raising the debt ceiling when he
was a senator want Congress to raise the limit now that he’s the chief
executive?

While there’s cause to blame
politicians for the fiscal irresponsibility that’s eroded confidence and
credibility in the American system, another culprit exists.

A comment attributed to P.T.
Barnum goes: “There’s a sucker born every minute.”

When it comes to politics, the
sucker is the American voting public for believing there’s actually a
functional difference between the Republican and Democratic parties. The
above-mentioned facts show there’s no difference. Ongoing wars reveal the same
truth.

Not only do people fail to see
what is, they don’t realize they have helped fuse the two parties into one
ruling elite.

Walter Williams, an economics
professor at George Mason University, makes the point in a recent column: ”Can
Our Union Be Saved?” (The column can be found at www.creators.com/conservative/walter-williams/can-our-union-be-saved.html)

“Americans who detest our
country and those who love our country are hell-bent, wittingly or unwittingly,
on destroying it,” he wrote.

The problem, he said, is that
federal tax revenues have averaged 18 percent of the GDP for the past 30 years
while federal spending approaches 30 percent of our GDP.

“To put this in perspective:
Defense spending is called discretionary and totals $685 billion. Our deficit
is $1.4 trillion. Defense spending could be entirely eliminated and we’d still
have a massive deficit. Any congressman unwilling to make cuts in entitlement
spending is not to be taken seriously about sparing our nation from economic
collapse,” Williams wrote.

He cites Social Security and
Medicare as part of the problem, but said seniors aren’t the only segment of
the population who want their so-called entitlements left alone. There are
corporate handouts such as farm subsidies, the Export-Import Bank, the Small
Business Association and a variety of departments that spend as if there was no
debt about which to worry.

“Everyone,” Williams wrote,
“who receives government largesse and special favors deems his needs as vital,
deserving, proper and in the national interest. It is entirely unreasonable to
expect a politician to honor and obey our Constitution and in the process
commit political suicide.”

That, he says, is the national
dilemma, and that those who want to prevent a nationwide economic collapse
would be better advised to convince the general population of the wisdom of the
Constitution rather than wasting their breath on politicians who only want
power and reelection.

In 1944, Judge Learned Hand
said: “Liberty lies in the hearts of men and women; when it dies there, no
constitution, no law, no court can save it; no constitution, no law, no court
can even do much to help it.”

It’s time for the people to
regain liberty in their hearts.

About CFLive Staff

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The Doctor is In: Snoring, Sleep Apnea, and Other Causes of Sleepless Nights

Health

One of the questions I ask my patients during
routine office visits is how they are sleeping at night or if they are feeling
unusually sleepy during the day. By getting the seven to eight hours of sleep
per day recommended for adults, you can help your mind and body stay strong,
and possibly even keep yourself from getting sick or having a serious accident.According
to the National Sleep Foundation, sleep deprivation can interfere with your
physical and mental well-being, impairing your alertness, mood, and ability to
concentrate while driving and performing everyday tasks. A lack of quality
sleep also is linked to numerous health concerns, such as increased risk for
obesity, diabetes, and high blood pressure.

Identifying the Problem

In addition to feeling overly tired or fatigued during the
day, other common symptoms of sleep disorders include loud snoring, gasping for
air, or choking while asleep; a feeling of tingling or jerking in the legs
while in bed; difficulty falling or staying asleep; and problems concentrating
or staying awake during daily activities at school, work, or home.

One of the best ways to detect a sleep disorder is through
overnight observation at a qualified sleep center. In a non-invasive procedure
called a sleep study — also known as a polysomnogram – your sleep patterns are
monitored through small sensors and electrodes attached to the body. These
sensors are connected to a small machine that records brain and muscle activity,
eye movements, heart rate, breathing, and oxygen saturation. Videotaping during
the sleep study helps technologists observe body movements throughout the night.

Doctors use the results of sleep studies to determine if you
have a sleep disorder and develop an appropriate plan of treatment. Depending
on the diagnosis, treatment options range from behavior modification, such as
weight loss or relaxation techniques, to prescription sleep aids, special
medical devices used during sleep, and, in rare cases, surgery.

Getting Your Zzzzzzs

If you are having problems getting a restful sleep, you may
benefit from some simple changes in your routine, such as:
Keeping a consistent schedule by waking up and going to bed
at the same time every day, even on weekends

Avoiding caffeinated food or beverages within six hours of
bedtime and alcohol within three hours of bedtime

Exercising regularly, but avoid strenuous activity within
six hours of bedtime

Avoiding naps

Sleeping in a dark, cool, and comfortable bedroom

Talk to your doctor if you experience extreme daytime
sleepiness or constantly feel fatigued, tired, or low on energy. Helpful
resources – including a free sleep quiz and online forums where you can
interact with others on topics such as sleep apnea, insomnia, and more — are
available on the American Academy of Sleep Medicine’s consumer website, www.SleepEducation.com.

*Joshua Feinberg, D.O., is a family medicine physician in practice at the
Crozer Health Pavilion, 145 Brinton Lake Road, Suite 201, Glen
Mills, PA 19342, 610-459-1619.

About Crozer Keystone Staff

Crozer-Keystone Health System’s physicians, specialists and advanced practitioners are committed to improving the health of our community through patient-centered, quality care across a full continuum of health services. Crozer Brinton Lake is Crozer-Keystone’s comprehensive outpatient care facility in western Delaware County, offering primary care, specialty services, outpatient surgery and advanced cancer treatment. Contact us: 300 Evergreen Drive, Glen Mills, PA 19342 http://www.crozerkeystone.org/Brinton-Lake 1-855-254-7425

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Free Your Space: Begin at the beginning

Home and Leisure

Throughout the professional
organizing community, January is being celebrated as “GO (Get Organized)
Month”. Chapters of the National
Association of Professional Organizers are holding GO events in locations all
around the U.S.

Following a recent
presentation, an attendee approached me to ask if I ever work with
children. He expressed regret for
not being taught some of these basic organizing principles at an early age and
having to struggle to catch up in adulthood. This question and its many forms is not uncommon in my line
of work:

“How do you get your kids to
keep organized?”

“Are some people just naturally
organized?”

“I think the organizing gene
skipped me!”

Lament, nostalgia and guilt are
all part of the package of thoughts and emotions that get us and keep us in our
messes in the first place. Teaching children in their formative years to make
decisions about their stuff and supporting them in taking actions to set up and
add order to their personal spaces can lead to feelings of ownership and
capability, a much more freeing and positive alternative to the former.

If you have children,
grandchildren or students in your life, here are some activities I suggest to
support the development of good organizing habits.

Sorting. Notice how so
many baby toys are designed around sorting? Sorting objects by shape or color teaches young toddlers to
recognize and categorize by common characteristics. Rather than leaving these sorting activities aside as
children grow, keep them going by applying them to articles more relevant to
their age group. Kids can sort
their clothes by color. This can be done with dirty laundry or with the clothes
in their closets or drawers. They can sort their toys. Crafts go with crafts,
books with books, games with games, electronics with electronics, etc. They can sort groceries to put away. Breakfast
foods go together, jars and cans, pastas, drinks. Want a pantry shelf
organized? Ask your 7-year-old. They’re great at this.

Purging. Have kids
decide what pieces of artwork they’d like to keep. Designate a display area and
a folder or box for each child. Let them choose what work they would like to
display and what works can be taken down. Then let them decide if the older
work is something they want to keep or if it’s time to throw it out. Remind
them that their storage space is limited and they should be choosy. During
winter holidays and again at the end of the school year have children go through
their writing supplies. They can get out some scrap paper and test each pen and
marker and they check each pencil for a working eraser. Whatever your criteria,
the ones that don’t pass get thrown out. These same times of the year are also
perfect for kids to go through their clothes. Often they have received new
clothing for the holidays and may also have experienced a growth spurt. Have them choose one drawer a day to
empty out, try on and decide what they like and what still fits.

Donating. Kids can
also be taught from a very young age that they don’t need to keep everything
they own forever. Help them let go of excess showing them how and where to make
donations. At least four times per year, have them gather toys, books and
clothing that are still in good condition that they would like to pass on to
someone who doesn’t have as much as them. Choose a place that you find
convenient to bring donations—your church or synagogue, a local center such as
Good Will, or a collection drive in your area. Let your child bag up their
items and take them along to make the donation.

Overall, the most important
thing to remember about having children sort, purge and donate is that you are
helping them to take responsibility for their own environments. They will learn
to keep what they use and love and what to do with the rest: a gift of
empowerment to last a lifetime.

* Annette
Reyman is a member of the National Association of Professional Organizers and
its Philadelphia Chapter. View her Web site at www.allrightorganizing.com. To
contact Annette for organizing work or speaking engagements in the Greater
Philadelphia area call 908-361-7105 or email her at annettereyman@gmail.com.

About Annette Reyman

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Kuerner student holds first solo exhibition at Darlington

Arts & Entertainment

Darlington-press-release-Navigations-through-the-Inescapable-Storms — Kuerner student holds first solo exhibition at Darlington

Darlington Arts Center in
Concord Township is pleased to present local artist, Tim Corey, in his first
solo exhibition entitled “Drawing After Dark: Interpretations in Charcoal,
Pencil and Pastel.” Meet the artist to discuss his inspirations and techniques
while enjoying refreshments at the free opening reception at Darlington Arts
Center on Saturday, Feb. 5, 3 to 5 p.m. The show will be free and open to the
public through February 28.

Corey has been studying the
arts since he was a child and became his passion during his teens. His early
artwork was influenced by Surrealism, Salvador Dali and religion, was abstract
and focused on the growing pains experienced during one’s teenage years as well
as the struggle of religion in a secular world.

In an effort to bring art back
into his life, Tim enrolled in a class at Darlington Arts Center with Chadds
Ford artist Karl J. Kuerner. Kuerner helped Tim grow as an artist with a
balance of constructive criticism and praise, challenging him with all of his
pieces. With this support, Tim found a new sense of enthusiasm for his art,
focusing on becoming a more complete artist who can create lifelike images with
a variety of mediums, who can see the shapes within the shapes, and enhance the
lights by using the darks.

This exhibit, “Drawing after
Dark: Interpretations in Charcoal, Pencil and Pastel,” is a collection
showcasing the new direction Tim has taken with his art. These works
demonstrate Tim’s growth as an artist, and his path from the surreal to the
realistic. All of Tim’s work highlights his attention to detail and meticulous
approach to recreating lifelike images.

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