July 9, 2015

When a male therapist who formerly worked at Massage Envy in West Goshen Township was accused in May of sexually assaulting a client, prosecutors feared that there might be other victims: Detectives now say that those concerns were valid.

On Thursday, July 9, James R. Deiter, 63, of Holtwood, appeared in West Goshen district court and waived his preliminary hearing in that case as well as two others.

West Goshen Township Police detectives said that after the first complaint, they contacted Deiter, and he agreed to be interviewed. Detectives said he admitted the conduct and provided investigators with the names of other women he had touched inappropriately at the West Goshen Massage Envy, which is located in the 1100 block of West Chester Pike.

On June 3, prosecutors filed a second criminal complaint, adding indecent assault charges that occurred from the summer of 2014 to May 2015. The second set of charges involved seven more victims – a combination of women who had been identified by Deiter and some who contacted police after reading news reports. A ninth victim is represented in the third complaint, which was filed on June 11, court records said.

According to the complaints, in all but one of the cases, Deiter established a level of trust with the women in sessions that preceded the assaults. Prosecutors said he had worked at Massage Envy for about a year and also provided massage therapy at Pathways to Healing in Lancaster County.

Deiter’s attorney, Peter E. Kratsa, said he and his client will continue to cooperate with authorities. “I think it’s fair to say that we are moving toward a non-trial disposition,” Kratsa said.

Deiter appeared before Magisterial District Judge William D. Kraut, who set bail at $25,000 cash in each case. After the brief hearing, Deiter, who wore a gray Massage Envy polo shirt turned inside out, obscuring the label, was taken to the West Goshen Township Police Department for processing. He was then returned to Chester County Prison, where he has been held since May 2.

In his initial interview with West Goshen detectives, Deiter stated that another woman had filed a complaint with Massage Envy that he fondled her, but that he does not remember doing so, the first criminal complaint said. He added that he was suspended for one week from Massage Envy when that occurred but when the alleged victim refused to provide a statement, he was allowed to return to work, the complaint said.

Two civil attorneys who said they represent a majority of Deiter’s alleged victims said their research indicates that Massage Envy, a nationwide chain of franchises, has enabled assailants like Deiter.

Thomas Bellwoar of Luongo Bellwoar in West Chester said he and Brian D. Kent, a Philadelphia lawyer with Laffey Bucci Kent, joined forces on the case because both of their firms focus on victims’ rights. He said they plan to file a civil suit within the next week.

Kent said a quick online search revealed similar cases in 13 states and a pattern of not reporting complaints to police. “We know the problems that happen when you don’t report” this kind of behavior, Kent said, referencing the Jerry Sandusky case.

Bellwoar said that although Massage Envy says it maintains a zero-tolerance policy, other cases suggest a corporate culture of withholding information. “Instead of cutting if off, they perpetuate it,” Bellwoar said.

A statement from Massage Envy said: “”Massage Envy has stringent policies in place to foster a zero tolerance culture at each franchised location when it comes to inappropriate conduct. Our policies regarding reporting are extremely clear: All franchisees are required to comply with any applicable state and local reporting requirements. Failure to follow this specific policy, or any of our policies regarding inappropriate conduct can trigger significant  consequences for the franchisee, including termination of the franchise agreement.”

In response to  a followup question about whether any franchise agreements had ever been terminated, a company spokesperson said they have been.

 

The National Weather Service (NWS) has identified a significant threat of severe weather late afternoon on Thursday, July 9, and into the evening for the region.

Chester and Delaware counties are both under enhanced risk, meaning numerous severe storms are possible, and some could be intense, according to NWS.

Strong to severe thunderstorms are expected to develop after 3 p.m., and the threat will continue until around midnight. Strong, damaging winds and tornadoes could occur, and any storms that pass through the region will have the potential to produce torrential rainfall and the possibility of localized flash flooding.

For more information, visit the NWS website at http://www.weather.gov/phi/.

Chadds Ford Township residents — and supervisors — gave a thumbs down to a possible apartment complex, but many left a meeting before learning someone wants to turn the William Bunch Auction House into a grocery store.

Both ideas were discussed during a special workshop meeting on July 8 with members of the township Planning Commission and Supervisors’ Chairman Frank Murphy.

No formal proposals or plans were on the table, but developers were free to discuss ideas. Murphy said the meeting was to weed out ideas that would be “nonstarters” before anyone, either a developer or the township, spent money on engineering or reviewing plans.

Murphy cited the two-plus years and the hundreds of thousands of dollars K. Hovnanian spent on its attempt to bring about a zoning change for a possible townhouse development that was turned down in June.

First on the agenda, and the concept that brought out most people, was a discussion regarding a possible 220-unit, high-end apartment complex on the Pettinaro property along Ridge Road, between the Ridings in Chadds Ford and the Concord Township property along Route 202.

The 22-acre property was already approved for 16 single family homes, but Pettinaro’s COO Mike Walsh said his company was under the impression that there was a problem with the sewer facilities and that Pettinaro could build another facility if it could build the apartments.

Chadds Ford Township Manager Amanda Serock, who is also the sewer authority manager, corrected Walsh, saying there were no problems with the Ridings plant.

Ted Mennicke, the Sewer Authority chairman, supported Serock by saying the plant is functioning properly with no violations.

Residents in the audience challenged the need for 220 apartments and opposed the idea, citing increased traffic, possible reduction in property values, and a greater strain on schools and stormwater management.

Walsh eventual said, “If you don’t want it, we’ll go away.

“We don’t want it,” came the reply from several in the audience.

Supervisor Samantha Reiner did not attend the meeting, but Murphy read an email from her in which she said there’s no advantage to the township in the apartments’ being built.

Murphy also opposed the idea. “Two members of the Board of Supervisors are telling you to not waste your time,” he said. “The township is not interested. This is finished.”

At that point, most of the residents left the meeting before learning that a German-based grocer, Lidl, wants to move into the current location of the William Bunch Auction House.

(Bunch was not available for comment, but Baxter Burnworth, an acquisition manager for MGP Retail Consulting, representing Lidl, said after the meeting that Bunch wants to stay in the area, just at another location.)

The company has an agreement to buy the location, and then tear down the building and construct a 30,000-square-foot store, according to Damon Healy of Lidl U.S.

He described Lidl as the largest grocer in Europe and the sixth largest retailer in the world. Most of their products are the store’s own brand, while other products are the “‘A’ names,” such as Coca Cola.

(According to the site grocery.com, Lidl is a chain of discount supermarkets with more than 9,000 stores in Europe.)

When asked why his company wants to come into the area where there is already a Whole Foods and a Wegmans on the way, he said Lidl likes the location because of the growth of Route 202 as a retail corridor.

Healy also said shopping at a Lidl store would be “a different shopping experience” in that it straddles the line between two types of stores, that it is “a convenient supermarket.”

Allowing a supermarket in that location would require either a zoning change or a zoning variance, and both Murphy and Planning Commission Chairman Craig Huffman said they had reservations about, as Huffman put it, “moving outside my comfort zone until we know what will happen.”

Huffman called the location a “gateway to a residential area” since the Estates of Chadds Ford and Painters Crossing Condominiums are in the vicinity.

Murphy said of the idea: “I can’t say absolutely no, but I don’t know I’d say yes. It’s not a nonstarter.”

There is no plan or formal application yet. Lidl currently has no stores in the United States.

It’s not easy staying on top.

During the past five years, while many towns have suffered the perils of an economic downturn, Kennett Square has prospered. It has gained accolades, such as being dubbed one of America’s coolest small towns by Budget Travel magazine in 2010.

It has also continued to attract new ventures. In 2013, it inaugurated the Mushroom Drop on New Year’s Eve. In 2014, seven businesses debuted, and 2015 is on track to duplicate that trend, said Mary Hutchins, executive director of Historic Kennett Square.

The Kennett Brewing Company and Victory Brewing Company are among the businesses that have already opened this year, she said. Several more are scheduled in the coming months, Hutchins said, adding that one of Historic Kennett Square’s long-term goal is to fill in the blocks between the main downtown area and Magnolia Place, the new complex that includes the Victory brewpub.

Officials say the boom represents a lot of work behind the scenes to keep the area vibrant and appealing, an effort that has to be maintained. Toward that end, businesses, municipal officials and others will soon have the opportunity to help guide future growth in the Kennett region, according to a press release from Historic Kennett Square.

Historic Kennett Square, the Borough of Kennett Square and Kennett Township have hired Todd Poole of 4ward Planning and Mark Keener of the RBA Group to study economic development affecting both municipalities.

Work on the project, which includes an economic development strategy and implementation plan, will begin later this summer and is expected to last until December 2016. Public involvement will be an integral part of the process, the release said.

“Between Historic Kennett Square, Kennett Square, and Kennett Township, we wanted to develop a plan for the future,” Tom Sausen, an Historic Kennett Square board member and chairman of its Economic Development Task Force, said in the release. “It’s important to have a community vision.”

A Vision Partnership Program Grant from the Chester County Commissioners, administered by the Chester County Planning Commission, will fund $35,000 of the $60,000 study. The borough and the township will add $7,500 each, and Historic Kennett Square and Longwood Gardens will contribute $5,000 apiece, Hutchins said.

Chester County Commissioner Michelle Kichline, who co-chairs VISTA 2025, the county’s economic development initiative, said the study complements the county’s goals. “The focus of the study – to provide technical data, community consensus and the vision needed to responsibly guide Kennett’s future development – will improve coordination between the municipalities, the public, and the business community.  It will set priorities for where and how the region grows, while protecting its heritage …”

Kennett Township Manager Lisa M. Moore explained the rationale for Kennett Township’s involvement. “We felt it was important to be part of this study since the township totally surrounds the borough,” she said. “It is extremely important that we have an agreeable vision for the areas that border both municipalities.”

The project will set priorities for where and how the region grows, the continuation of the borough’s revitalization, and the protection of natural, rural and historic heritage.

Hutchins said a number of developers have expressed interest in the Kennett region, and she believes that having information from multiple stakeholders on what will suit various locations will benefit everyone.

The consultants from 4ward Planning and the RBA Group will focus on seven areas with the most potential for innovative, economic development: the State Street corridor; the Cypress Street corridor; Birch Street from Walnut to Broad streets; Millers Hill, the area on the eastern border between the borough and the township; the Ways Lane area in the township; the former NVF site in the borough; and the area on the west side of Mill Road in the township.

The project will also include the creation of a task force, comprising representatives from the borough, the township, and Historic Kennett Square; Longwood Gardens; the Chester County Planning Commission; and community members. The task force will meet eight to 10 times with the consultants, and a total of three public meetings will be held during the planning process.

Poole will lead the consulting team as the project manager, Keener, RBA Group’s director of urban design, will serve as one of three key staff members on Poole’s team. Four analysts from 4ward and RBA will round out the consulting team.

Some of the tasks included in the project include reviewing planning documents germane to the county and the local municipalities; interviewing stakeholders, such as residents, municipal officials, developers, and property and business owners; conducting a comprehensive market analysis of the Kennett region; developing an economic development plan of action; conducting three public meetings to garner public input on the economic development of the region; and reviewing the township and borough’s zoning requirements as they relate to the seven focus areas.

The consultants will create a draft report of the task outcomes and present it to the task force and the municipalities for review and comments. Once it is approved, a final report will be generated with an executive summary, a PowerPoint presentation, maps, and renderings.

“We have high hopes for this,” Sausen said. “These are areas that have a lot of potential for growth. There needs to be a consensus. And the consultants’ job will be to provide some ideas and get that consensus.”

 

Department of Environmental Protection Secretary John Quigley has appointed Chester County Commissioner Kathi Cozzone to Pennsylvania’s Pipeline Infrastructure Task Force (PITF).

Cozzone will serve as chair of the County Government Workgroup within the task force, leading the workgroup’s development of recommendations and best practices, a county press release said.

The purpose of the PITF is to recommend the best ways to plan, site, route and construct pipelines to avoid or reduce environmental and community impacts; to engage in public participation; to maximize opportunities for predictable and efficient permitting; and to ensure pipeline safety and integrity during operation of the pipeline.

“Over the next decade, Pennsylvania will undergo a substantial pipeline infrastructure build-out to transport gas from thousands of wells throughout the state,” Cozzone said in the release. “In Chester County alone there are nearly 600 miles of existing pipeline corridors that run through the landscape of Chester County’s 760 square miles.

“We were the first county in the state to establish a pipeline notification protocol to bring together operators, municipalities and other government departments and agencies to research and establish a communications plan,” she said.

Cozzone said  the protocol, the Pipeline Information Center, is an interactive website that has benefited residents since its inception less than a year ago.

“I am pleased to have been asked to be a part of the PITF and look forward to bringing to the table many of the ideas and best practices already being undertaken in Chester County,” Cozzone added.

The actions of all workgroups within the PITF include coordination with federal and state agencies, local governments, industry representatives, landowners and environmental and cultural resource advocates. A final report, compiling all workgroup recommendations, will be presented to the governor in February.