THIS FRIDAY, FEB 10
Common Pleas Court Hearing
SEND AN EMAIL OR ATTEND
WE NEED TO FILL THE ROOM
to Save the K-Center
|Please attend the Common Pleas Hearing|
on Friday, February 10
or Send the Judge an Email
PAFOS advocates, each with 3 minutes to comment, will be in the Court Room to convince the the Judge rules that the PASD School District’s Agreement of Sale to Toll Bros. does not meet the standard for selling the property in a private sale. Join us, it’s worth it for Your Park! Feb 10 – 9:30AM – Court Rm. 12 – Chester Cty. Justice Center, 201 W. Market St, West Chester, PA 19380. See you there! CONTACT US TO CARPOOL
Please write a personalize email to the Judge.
Dear Friends of Open Space,
This Friday, February 10th is a major step in our effort to protect open space in Phoenixville. It is the date of the first hearing before the Court of Common Pleas. It is important that the Judge hear from as many concerned citizens as possible to understand the problems with this transaction.
This hearing is where the Court will review the petition of the Phoenixville Area School District board for approval of their vote to sell the old Kindergarten Center to Toll Brothers with an agreement of sale to build a minimum of 80 luxury townhomes, despite how existing development patterns and densities shall be used to guide/regulate new development per Borough Ordinance.
Despite the public informing the school board of this zoning ordinance before any vote, the district decided to move forward anyway. They previously placed the responsibility on the buyer and the Borough but with a recent litigation hold sent to the Borough, the District may instead waste public funds to sue the Borough instead.
Among other things, the School District must prove to a judge that a better sale price was obtained from this PRIVATE SALE, than what could have been gained from a PUBLIC SALE. However,this was not possible when all other developers were told the decision to sell to Toll Brothers was made two weeks before the district voted in public. By misleading the other bidders into thinking they had no option to outbid Toll Brothers, the district forfeited their ability to prove that the public received the highest value for this property.
They failed on every aspect of this transaction to perform the required due diligence and public deliberation to ensure proper valuation of the Kindergarten Center property.
Please write your concerns and send to email@example.com include your full name and address and we will print and present to the Judge at the hearing.
Thank you for helping SAVE THE KINDERGARTEN CENTER
Once open space is gone, it’s gone forever!!!
|PASD – Sunshine Complaint UPDATE|
The ruling on the case has recently been delayed. We are hoping the FEB 10 Common Pleas Hearing will take the Sunshine case as reason to delay the ruling on the sale.
In November the plaintiffs filed all their email evidence showing that the district had deliberated behind closed doors and decided to sell to Toll Brothers before the public vote. This evidence showed that other possible buyers were told that Toll Brothers was already chosen as the buyer, preventing any higher bids from being made for the property and guaranteeing Toll Brothers as the highest bidder at the time of the vote. Also in November the districts council responded to their evidence saying that the emails speak for themselves and then requested the judge to decide in their favor without a public hearing. Continuing their attempt to be hear by a judge, the plaintiffs have obtained an attorney and are prepared to go forward in front of a judge sometime this January.
|Update – School Board threatens legal action against the Boro.|
from The Pottstown Mercury By EVAN BRANDT | firstname.lastname@example.org PUBLISHED: December 21, 2022
Lawsuit looms over zoning of Phoenixville kindergarten center property
Letter suggests school district may enact litigation against the borough
According to documents obtained through a Right-to-Know request, the school district has hired “special counsel” lawyers who sent a Dec. 1 “litigation hold letter” to the borough warning it to preserve all documentation, electronic data and correspondence related to the negotiations to purchase and re-zoning or even condemnation of the 7.4-acre property on which the closed kindergarten center sits. ….
In March, the school board voted 5-3 to sell the property to Toll Brothers developers for $4.6 million. Toll Brothers has stated its intent to build townhouses on the site.
The sale followed a series of delays, public protests and a counter-offer from the borough to buy the property for $1.8 million.
|Update – School Board threatens legal action against the Boro.|
Toll Brothers Hearing on Feb 10 will decide property ownership…..Maybe!
On Feb 10, at the Court of Common Pleas hearing will decide either to:
Approve the sale to Toll Brothers
Delay the sale until our Sunshine Case is resolved
Deny the sale and listen to the people who want this open space to be saved and have the Boro Council purchase the property through Eminent Domain.
|What else can you do?|
Click here to link to signing, donating, emailing your council members, share on social media, tell your friends, attend our weekly mtgs…
Want to know more about the property?
Google Earth Flyover
Kindergarden Center Photo Album
How we got here?
See how the Kindergarten Ctr achieves the goals of the the 2022 Comprehensive Plan
|Have you seen our new SAVE THE K-CENTER Yard Signs?|
Want to put your money where your mouth is?
We’re asking for $50 donation (or pay what you can!!) to our GoFundMe to help fund our legal fees. Email us at email@example.com and we will deliver your sign to you. It’s an easy way to add your voice to the call for your NEW PARK at the K-Ctr.
Once open space is gone, it’s gone forever!!!
Phoenixville Area Friends of Open Space
The Phoenixville Green Team, Phoenixville Area Transition have joined with other open space and greenway trail advocates, local neighbors and school district residents to form the Phoenixville Area Friends of Open Space (PAFOS)
Stop the Sale of the Kindergarten Center
at the Dogwood Festival.
We had a great time at the Dogwood Festival. Our float was a hit and we met so many people who support saving the K-Ctr. See the photo album here.
We are moving forward to petition the Chester County Court of Common Pleas to reject the School District’ petition for the sale’s approval. We think the taxpayers have already paid for this land. This is our open space. Will you help to fund our legal representation and accurate financial analysis in the fight to protect our land and keep our taxes lower?
We have a vision, we have a plan, we can do it ….
With your help!
Now it’s time for you to act.
Thank you to those who have contributed to the Stop the Sale of the Kindergarten Center
gofundme campaign. We need everyone to help a little. We are raising $30,000 to preserve the most significant remaining piece of public open space in Phoenixville. We have petitioned the Chester County Court of Common Pleas and hope you will contribute to the legal representation and associated costs in this fight to protect our land and keep our taxes lower.
We can meet this goal if just 1,000 of Phoenixville’s school district’s 18,000 residents can contribute $30 each. Go to the site gofundme for more info.
- CONTRIBUTE to the S.O.S. GOFUNDME
- SIGN the petition titled: Save OPEN SPACE in Phoenixville – Start a Kindergarten Working Group to do the Right Thing. If you already have, pass it on to friend of open space.
- TAKE the Kindergarten Center Future Poll. If you already have, pass it on to friend of open space.
- EMAIL your Council Members and the School Board telling them to Save this Open Space.
- CONTACT the Green Team to join the Phoenixville Area Friends of Open Space team.
Today….now, be the change you want to see in the world.
IT’S OUR OPEN SPACE
What does the Public say?
The ongoing poll started on Dec 6, 2021 conducted by the Phoenixville Green Team and the Phoenixville Area Transition continues to show overwhelming support and excitement for preserving the open space and creating a new Learning Center developed by the Boro. The new Learning Center vision is being linked to the Boro’s new PHXNEO facility up 2nd Ave. PHXNEO has jump started the Boro’s growing commitment to meeting their 2017 Phoenixville Borough Vision for a future with 100% Renewable Energy.
The current poll results shows how 693 residents want the Kindergarten Ctr to remain in public hands and become a new park and venue for learning and community development. The advocates say there is strong public support for the Boro Development plans.
MARCH 28th VOTE SUMMARY
Over 50 advocates pleaded to delay the vote and to create a Working Group to find a way to preserve the school property. They urged the School Board to listen to the 777 poll respondents and 833 stakeholders of the S.O.S – Save Open Space petition supporting the Boro’s $1.8M bid to redevelop the school into a Learning Center and preserve the open space. Advocates were in disbelief in how the School Board considers public participation and what their action teaches the students.
The Board has received 4 offers for the property, ranging from $1.75 million to $3.9 million. Please click here for details about each of the offers.
The Borough of Phoenixville is one of the bidders for this property. A recent video outlines the Borough plans for the SoMax HTC project at the Waste Water Treatment Plant adjacent to the Kindergarten Center. It includes a brief description of the Education Center planned if they acquire our property.
Kindergarten Center Imagining Meeting
On Monday November 1st, Phoenixville Area Transition and the Green team hosted an IMAGINING workshop. We explored what the Kindergarten Center at 2nd Ave / 100 School Lane might might become if the people of Phoenixville act NOW to support the Boro of Phoenixville’s purchase of the property. The poll opened on Dec 6, 2021 reflects the many ideas for the Learning Center to make this property’s transition a product of our community’s imagination and vision for a green Phoenixville
What if the Kindergarten Center
was owned by the Phoenixville Community?
Imagine a new environmental/educational center nestled in a green space close to the river.
Imagine a trail along that river connecting to the network of trails throughout the Borough.
Imagine a new borough park with playing fields, woods, and paths to explore.
Imagine educational programs in a renovated schoolhouse offering science, technology, engineering, arts, and technology to all residents.
Imagine 18,000 square feet of building saved from the landfill.
Imagine 7.4 acres of open green space saved from the bulldozer.
Imagine what we as a community could do with our old kindergarten center.
Imagine what a reinvigorated Borough could do if the School Board will allow us to IMAGINE.
Phoenixville Area Transition and Phoenixville Green Team Partnership
The Phoenixville Green Team and the Phoenixville Area Transition, along with residents and other Open Space / Trail advocates have organized an initiative to prevent the sale of the 2nd Avenue / School Lane Kindergarten Center by the Phoenixville Area School District Board. This initiative commenced a comprehensive Town Hall process to imagine what is possible if the public is engaged to create a green and sustainable community use of this property.
Phoenixville Area Transition is a movement to expand community resilience by reorienting the local economy and culture to nature and personal relationships. We are transitioning from dependence on the Industrial Growth Society to interdependence with each other and with nature.
The Green Team has been advocating for the Phoenixville Greenway since 1989, and this property sale to high density developers will remove Open Space from the Boro and eliminate the opportunity for Greenway / Trail development south along the river. See drawing for reference.