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It Is Time That The West Vincent Township Supervisors Are Held Accountable For Their Actions...

SOME DISTURBING INFORMATION ON WEST VINCENT TOWNSHIP SUPERVISOR KENNETH MILLER

Update - June 2005

RSD Reaches Settlement with Della Porta

Update - April 12, 2004

West Vincent Township Manager Leaves Post & Township Twice Postpones Decision on Granting Della Porta Final Plan Approval...

A mere week or so after RSD uncovered that Della Porta's apartment plan does not meet Township zoning requirements, we received word that Robert Wideman, Township Manager and Zoning Officer, is no longer employed by West Vincent Township.  While the Township refuses to provide any specifics, it seems an interesting "coincidence" that Robert left without warning just days after the Township was forced to delay their plan to give final approval to Della Porta because of our letter outlining the problems with the apartment plan...

In a related matter, the West Vincent Township Supervisors have once again postponed making a decision on final plan approval for Della Porta's apartment complex.  The date is now April 26, 2004.

In an article in today's Philadelphia Inquirer, Supervisor Clare Quinn is quoted as saying "It's a very hard time because West Vincent appears to be extremely desirable to developers. They'll pay anything to build here..."[Emphasis Added]

Update - April 4, 2004

The Fight Goes On...

...Pennsylvania Supreme Court Puts RSD Case on "Hold" Until Decision is Made on Similar Case

...RSD Challenge of Second Township "Della Porta" Ordinance Currently Under Consideration by Chester County Court of Common Pleas

...Della Porta Plan Does Not Meet Requirements of Township Zoning Ordinance -- Township Forced to Postpone Decision on Final Approval to April 12 or After

...Della Porta Loses One Attempt to Force RSD to Post a Bond and is Forced to Withdraw Another Attempt

Additional Information Will Be Posted Here as Soon as Possible...

Update - January 8, 2004

RSD Continues Fight for Resident Rights at Pennsylvania Supreme Court

On January 6, 2004, several members of RSD, as well as some other interested parties, filed a petition to the Pennsylvania Supreme Court to hear our case.  We assert that because of the severe procedural mistakes made by the West Vincent Township Supervisors when they adopted their first "Della Porta Ordinance" on December 26, 2001, they effectively stripped the citizens of West Vincent Township of their right to participate in the legislative process.  We'll provide additional updates as they become available...

We are also planning some very public and very newsworthy opposition events for 2004 (please feel free to continue to email additional suggestions).  In the words of Winston Churchill, "We shall fight on the beaches. We shall fight on the landing grounds. We shall fight in the fields, and in the streets, we shall fight in the hills. We shall never surrender!" 

We're just getting started...

Update - October 26, 2003

Which Option Do YOU Think Would Be Best for West Vincent Township?

The West Vincent Township Supervisors, like the hosts of some pitiful infomercial, just keep on giving more and more to developer David Della Porta. This summer, while in stealth mode, THE SUPERVISORS REDUCED THE REQUIRED OPEN SPACE for Della Porta’s high-density apartment complex by 6% (or 6.532 acres). They are also actively supporting several acres of open sewage “ponds” in highly visible locations—in spite of odor, environmental, and safety problems. What will the Supervisors give Della Porta next—a set of Ginsu knives?

THAT IS ONE REASON WHY WE CONTINUE TO FIGHT...

RECENT DEVELOPMENTS INCLUDE:

• On October 29, 2003 at 7:00pm, the West Vincent Township Zoning Hearing Board is scheduled to render their decision on our procedural challenge of the validity of the Supervisors' newest "Della Porta" ordinance.  [Note that regardless of the decision reached, one side or the other will likely appeal the decision to the Court of Common Pleas.]

• On October 29, 2003 (after rendering their decision on our procedural challenge), the West Vincent Township Zoning Hearing Board is scheduled to begin hearing our substantive challenge concerning our Supervisors "deal" with David Della Porta.

• We recently received word from the Commonwealth Court of Pennsylvania that our procedural challenge of the Supervisors' Della Porta Ordinance of 2001 has been granted a hearing before a larger court than most appeals at that level (9 judges rather than only 3 judges).  This suggests that the court agrees with our assertion as to the importance of our case.

• We also recently received word that the case cited by Judge Gavin (of the Chester County Court of Common Pleas) as the reason he dismissed our procedural challenge of the Supervisors' Della Porta Ordinance of 2001 has been granted a hearing by the Pennsylvania Supreme Court.  This is an important development as the Pennsylvania Supreme Court generally only agrees to hear less than 5% of the appeal applications.

• Marc Kaplan, attorney for David Della Porta, recently filed an action calling our legal actions "frivolous" and asking the court to force us to post a bond.  [Such an action is intended to prevent residents from continuing legal against a particular development.]  But, while the developer's attorney is crying "frivolous," both the Commonwealth Court of Pennsylvania and Pennsylvania Supreme Court are, through their actions,  saying our legal actions have important ramifications for the citizens of Pennsylvania.  Who do you think is correct -- Della Porta's "hired gun" or the judges sitting on the highest two courts in Pennsylvania? 

• We have also joined with our fellow residents in East Goshen Township to oppose a similar apartment proposal by David Della Porta in that Township.  That proposal contains many of the very same elements that caused our battle in West Vincent and these proposals, like a cancer, will spread unless residents stand together to oppose them wherever they appear.  We will stand together with our neighbors in East Goshen Township in opposition to both plans and encourage you to do the same...

So Take a Stand & Get Involved -- Today!  

Update - August 13, 2003

THE FIGHT GOES ON...ZONING HEARING BOARD TO HEAR WEST VINCENT TOWNSHIP RESIDENTS' CHALLENGE OF VALIDITY OF SUPERVISORS' NEWEST "DELLA PORTA" ORDINANCE ON SEPTEMBER 17, 2003 AT 7:00 PM

A copy of the official notice follows:

NOTICE

     NOTICE is hereby given by the Zoning Hearing Board of West Vincent Township that it will meet at 7:00 p.m. on Wednesday, September 17, 2003, at the West Vincent Township Building, Birchrunville, to consider:

     THE APPLICATION OF RSD/Jason Keith Phillips, et.al.  Twelve individuals along with an unincorporated association and an incorporated non-profit citizens group known as Residents for Smart Development (RSD) have filed a challenge to the validity of the West Vincent Township Zoning Ordinance which was adopted by the Board of Supervisors on June 9, 2003.  Applicants have filed a procedural challenge under 53 P.S. §10909.1 (a)(1) and (2).  Applicants allege that the Township Zoning Ordinance is invalid by reason of the failure of the Board of Supervisors to comply with certain advertising requirements, notice requirements, and referral requirements contained in the Municipalities Planning Code makes the action of adopting the new Zoning Ordinance invalid.

     At its first meeting, the Board intends to schedule a series of hearing dates and deal with other procedural issues related to the application.  Depending on how long the procedural issues take, testimony as to the challenge may or may not happen that night, or may be put off to future hearing dates.

     The Board may also consider other matters as may properly come before it.

     All who wish may attend and be heard.

     If any person who wishes to attend the meeting has a disability and/or requires auxiliary aid, service or other accommodation to observe or participate in the proceedings, please contact the Township Secretary (610-827-7932) to discuss how those needs may be best accommodated.

                             WEST VINCENT TOWNSHIP ZONING HEARING BOARD

Patrick C. O'Donnell, Solicitor

CLICK Here to See a Copy of the Challenge

CLICK Here to See How the West Vincent Township Supervisors are Trying to Circumvent the Legal Process and Covertly Give Developer David Della Porta the Right to Build His High-Density Apartment Complex Despite Widespread Resident Opposition 

Update - July 11, 2003

THE FIGHT GOES ON...WEST VINCENT TOWNSHIP RESIDENTS CHALLENGE VALIDITY OF SUPERVISORS' NEWEST "DELLA PORTA" ORDINANCE

As you know, the West Vincent Township Supervisors have continued their attempts over the past few months to circumvent Pennsylvania law in order to further their own dubious agenda.  Their goal is to provide themselves and developer David Della Porta with the zoning ordinance needed to force a high-density apartment complex on residents throughout the region.  

Over the past few months, the Supervisors have been working diligently (and at taxpayer expense) to re-adopt the ordinances currently under legal challenge by West Vincent Township residents.  In carefully choreographed meetings more reminiscent of the Soviet era, they have pushed their new ordinance through despite overwhelming resident opposition.  When one resident asked the Supervisors to poll Township residents in order to see how many residents supported their high-density apartment agenda, he was told to sit down and shut up.  

While Stalin would have been proud, anyone who values free speech and truly representative government should be very, very concerned.  Who do the West Vincent Township Supervisors REALLY represent?  Certainly not the majority of township residents nor even the majority of residents in this region of Chester County.

But the Supervisors' plans hit a roadblock last Tuesday when residents filed a challenge to the validity of the Township's newest "Della Porta" ordinance.  Why do the Supervisors continue to refuse to honor their legal obligations to Township residents?  A source close to the West Vincent Township local government stated that the Supervisors were very unhappy about the newest challenge to their plans.  What a shame! 

A Message From Jason Phillips About WHY WE FIGHT

During World War II, Frank Capra (of "It's a Wonderful Life" fame) produced a series of films entitled "Why We Fight" in order to explain to the American public the importance of opposing the Axis powers.  While we won't be producing any films to explain our opposition of the West Vincent Township government, I believe it is valuable to outline why our organization has worked so hard for the residents of Chester County (and will continue to do so).  [Please note that our organization has never directly criticized Supervisor Zoë Perkins because, unlike the other two Supervisors, she has taken actions as an individual that we believe have directly benefited the residents of West Vincent Township - although she is completely wrong about Tier V and Della Porta's apartment complex.]

At present, our organization's primary battle is in West Vincent Township and concerns a dubious plan by the Supervisors and David Della Porta to impose a high-density apartment complex on residents.  Had the land in question been zoned for such apartments prior to Della Porta coming to the Township, our organization would not have become involved.  But instead of letting Della Porta build the original 87 single family homes he wanted, the West Vincent Township local government decided to play "Let's Make a Deal" at the expense of all but a select group of residents.  The result of the Supervisors' game: 216 apartments and up to 11 single family homes (an increase of 172%).  And what were the 20 pieces of silver received by the West Vincent Township local government for selling out the residents it is sworn to protect?  A mere 12 acres of additional open space (an increase of only 13%).  But, their advocacy of these apartments may result in the loss of the 33 acres currently kept open by the Ludwig's Corner Horse Show Grounds.  

So the first reason WHY WE FIGHT is because 172% more dwellings with 23% less open space (if we lose the Horse Show Grounds) is IRRATIONAL.

But the recent primary revealed an even more important reason for our opposition of the current Supervisors.    By now, many of you are aware that Ken Miller has secured the Republican spot for Township Supervisor in November's election.  But you may not be aware that  due to a write-in campaign  headed by Supervisor Clare Quinn, he also secured the Democratic spot as well.  Thus, these two Township officials have taken it upon themselves to try to deprive residents of their right to choose their representatives in November's general election.  

These results may make you think that the war is over - that our enemies have won - BUT NOTHING COULD BE FURTHER FROM THE TRUTH! The primary was but a single battle in our organization's fight to bring representative government to West Vincent Township and thereby stop those in the local government from sponsoring self-serving projects such as Della Porta's apartment complex.

Before looking at what actually occurred at the Primary, I'd like to state for the record that I don't like Supervisor Ken Miller.  [And thanks to my publicizing his TDR activities, I'm sure the feeling is now mutual.]  But at one time I thought Ken Miller was an acceptable Township Supervisor.  I believed his "Aw shucks, I'm just a simple farmer" persona.  I thought he cared about residents.  I thought he cared about open space.  I thought he was running the Township in a financially responsible manner.  I was wrong.  I discovered I was wrong during the 40+ hours I spent copying documents about the Township and Ken Miller at the local, state, and federal levels and the many hours I spent analyzing these documents (some of these original documents are available via this link "Supervisor Kenneth Miller Information").

While our organization doesn't put out any information to the public that isn't backed by written documentation (or at a minimum multiple eyewitnesses for minor issues), I regret to say that our opponents have no such standards.  During the primary, Ken Miller publicly misrepresented the truth about his TDR record - both in writing and in oral statements.   In addition, the misrepresentations of facts by his supporters were almost unbelievable.  There is no question that the willingness to be creative with the truth can give you an edge - but only for the short-term.  

For example, at the primary, Republican Committeeman  Henry F. Greiner told at least one voter that the size of the Hankin development was due to my opposition to that project.  Wow -- that sure does seem damning.  Only one problem - my first involvement with land development opposition in West Vincent Township didn't occur until 2000, a full two years after the Hankin zoning challenge was filed by Concerned Citizens of West Vincent Township.  While I would have opposed the customization of zoning ordinances undertaken by the Supervisors for Hankin's benefit, the fact of the matter is that I never had a chance to do so because it was over before I even knew about it.  Perhaps Henry has confused me with Clare Quinn as she stated in her 2001 election materials that she was "someone who first became active in the community by urging resident involvement in the opposition to the Hankin proposal."  If the size of the Hankin development is due to resident opposition as Henry contends (and I don't believe it is), I guess Clare Quinn is at fault.  (Please make a note Henry to do your homework before making future accusations.)

So the second reason WHY WE FIGHT is because of the unsubstantiated rumors being used by our opponents to mislead the residents of West Vincent Township.  

Before the Primary, our opponents stole over 200 "WHY?" signs from the properties of our supporters.  At the same time, we safeguarded  all three of our opponents "TO SAVE A FARM" signs and made sure that they remained unmolested until they finally succumbed to the weather.  In the weeks leading up to the primary, our opponents stole 20 or so "Elect Bob Frye" signs from the properties of his supporters while we once again left Ken Miller's signs unmolested.  

So the third reason WHY WE FIGHT is because of the obvious contempt our opponents have for the concept of freedom of speech and the law in general.

During the primary, our opponents practiced a polling place technique normally seen only in third world countries. By blocking/delaying voters on the way to cast their ballots, they revealed their contempt for the very process of democracy.  In some cases, they physically grabbed individual voters without permission.  While we can't ask for UN monitors, rest assured that we will explore all possible options for eliminating this sort of tactic at the polls.  Our organization believes in the right of voters to cast their vote without intimidation -- our opponents clearly do not.   

So the fourth reason WHY WE FIGHT is to allow the residents of West Vincent Township to vote without the fear of intimidation or molestation.

But in spite of our opponent's schemes, if you look at the election numbers we had a big effect. When I ran two years ago in the primary, only 353 people voted (vs. 532 in this primary) - an increase of 33.6%!  In addition, had my opponents simply joined together and been a bit less egotistical, they could have knocked me out of the race at the primary by a margin of 113 votes (52 at the Ludwig's Corner Fire Company precinct alone).  Our efforts with Bob narrowed this margin to 74 votes Township-wide and reduced our opponents margin at the Fire Company to a mere 6 votes.  In total, I received 115 votes in my primary - Bob Frye received 228 votes. And I personally know of at least a dozen votes in we didn't get due to registration problems. Overall, total voter turnout for this primary was an amazing 37.6%!  We have no way of knowing how many of the votes cast for Ken Miller were due to residents being fooled by our opponents into believing things not supported by any type of facts or  documentation.  But it is clear that residents are beginning to see our opponents for what they are -- (please place a term of your choosing here). 

So the fifth reason WHY WE FIGHT is because the residents of West Vincent Township have a right to know what their local government officials are doing and the more they know, the more the momentum for change will grow.

In addition, as mentioned earlier, Ken Miller and his supporters manipulated the voting process in order to place Ken Miller in both ballot positions in the fall - and prevent voters the right to choose.  We think that such an action is inherently wrong -- and so do others not affiliated with our group.  For example, West Vincent Township Resident Bob Ellis posted the following on his website prior to the primary:

"May 20 General Primary Election

Do you remember, 2 years ago, when Claire Quinn was running for Township Supervisor in the Primary Election as a Democrat, that she tried to get enough write-in votes on the Republican Ballot as well to insure that she would be listed as both the Democratic and Republican Party candidate for Supervisor in the November General Election? 

Do you know that to be listed as a candidate for most elected offices in Pennsylvania in a Primary Election you must be registered to the party on whose ballot you appear (school boards and judgeships are two exceptions)? 

But do you also know that any voter whose party is conducting a Primary Election can write in the name of any person, regardless of party affiliation, for any office listed on their ballot. 

And that, to me, is a flaw in our election laws, because it allows a small number of voters in one party with no listed candidate for some office to try to insure that the candidate for another party will be listed on their party's ballot in the November General Election. Why is that a problem?

1) Because voters who are registered as non-partisan, or to a party that does not hold a Primary Election, are unable to have any person's name placed on the ballot in the November General Election. 

2) It makes it appear that the write-in candidate who wins in the Primary is the approved candidate for that Party. 3) It limits the number of candidates that are listed on the November ballot for an office.

Do you know that this year there are 2 candidates for Township Supervisor listed on the Republican Ballot (Bob Frye and Ken Miller), and one (David Greene) on the Democratic Ballot?

Have you noticed that this year there are "Elect Ken Miller Supervisor" signs on a number of properties where all the owners and/or residents are registered Democrats?  If you believe, as I do, that the election of a Township Supervisor should be decided in the November General Election, where ALL registered voters can make their choice, then I urge you to do the following:

1) If you are registered as a Democrat, either vote for "David Greene", or write in any name other than Bob Frye or Ken Miller for Township Supervisor. Believe me, the people who want to maintain control over everything that happens in West Vincent Township will be doing everything they can to insure that Ken Miller gets enough Democratic write-in votes to win that party's nomination.

2) If you are registered as a Republican, vote for "Bob Frye" for Township Supervisor.

3) If you are registered as a non-partisan, or to a third-party, try to convince all of your Democratic and Republican friends and neighbors to vote as I have described above.

If enough people vote in this way, then I believe there will be two candidates for Township Supervisor listed on the November ballot and all voters will then be able to register their choice."

Last time I checked, most voters didn't support an Iraqi-like political process and like to have a choice at election time. 

So the sixth reason WHY WE FIGHT is because the residents of West Vincent Township deserve a choice at election time.  That is the very essence of DEMOCRACY.

Further, at least one of our Supervisors has been involved in creating a fake resident group called "SOS-Support Our Supervisors" in order to dupe residents into thinking that there is popular support for the high-density apartment complex coveted by the Supervisors.  In fact, his phantom group has gone to great lengths to hide who they are. 

So the seventh reason WHY WE FIGHT is because a local government official shouldn't try to trick residents by forming a group that apparently supports the Supervisor who created it.  [Wow, that was a mouthful.]

The eighth and final reason WHY WE FIGHT is simply because it is the right thing to do.   

The actions taken to date by the West Vincent Township Supervisors demand that we take a stand.  Through their actions, the Supervisors have made this a much larger battle.  

I'd like to close with two quotes from a book written recently by two political strategists - I found the quotes appropriate for explaining WHY WE FIGHT and I think you will too.

"The point here is very simple. Don't quit. It's the ultimate easier-said-than-done lesson. Nobody thinks of himself or herself as a quitter. And yet most people who fail do so because they simply give in. They get tired, or they've worn down, or they lose whatever zeal got them motivated in the first place. There's a reason pit bulls are the best fighting dogs. They're not the biggest or the strongest or the scariest. They're the most tenacious.  Once they commit to taking a piece out of your leg, there's precious little on heaven or earth that can get them off you. So be a pit bull, not a Chihuahua."

"Everybody fails. Everybody. Every schoolchild has heard of Abraham Lincoln's great accomplishments. How he saved the Union and emancipated the slaves. But you can learn more from Lincoln's failures; he certainly did. And they were far more numerous than his successes.  He failed in business (as a shopkeeper). He failed as a farmer. He ran for the state legislature - and lost.  His sweetheart died. He had a nervous breakdown. When he finally got to the state legislature, he ran for Speaker - and lost. He ran for Congress - and lost. He was rejected for a job as a land officer. He ran for the United States Senate - and lost. He ran for vice president - and lost. He ran for the Senate again. Lost again. And when he was finally elected president, the nation he was elected to lead fell apart.

As commander in chief Lincoln was derided as inexperienced and inept. He lost the First Battle of Manassas. He lost the Battle of Big Bethel. He lost the Battle of Kessler's Cross Lanes. And he lost at Blackburn's Ford and he lost at Ball's Bluff and he lost at McDowell and he lost at Front Royal. He lost the First Battle of Winchester and he lost at Port Republic. He lost at Drewry's Bluff and he lost at Gaine's Mill and he lost at Cedar Mountain. He went on to lose at Briscoe Station and to lose at Thoroughfare Gap and to lose at the Second Battle of Manassas.

Unfazed, Lincoln pressed on. He lost at Harper's Ferry and he lost at Shepardstown (after which he fired his general).  Then with a new general in charge, Lincoln proceeded to lose the First Battle of Fredericksburg.  And that partial list of failures was all in just the first two years of the war...But despite all that failure Lincoln triumphed in the end."

AND SO WILL WE!

Thanks For All Your Efforts To Date!

Click Here for Archived Information...

Your involvement, when combined with that of other concerned citizens, will decide the quality of life available where you live.  Together, we can make sure that our region's new motto isn't: "All Hope Abandon, Ye Who Enter Here" Dante Alighieri (1265-1321)

What YOU Can Do... Residents for Smart Development depends on the support of people who care about their community. We are fighting BIG MONEY people, who care only for increasing their wealth. This fight costs both time and money, but with the help of great people like you, we can win and WE WILL WIN!!!! So please volunteer your time, request a "WHY?" yard sign, and/or send whatever contribution you can afford, large or small, to the following address: Residents for Smart Development P.O. Box 121 Chester Springs, PA  19425

Please E-Mail any comments to:
Email for Residents for Smart Development

©2002 Jason Keith Phillips