Citizen Coalition Calling for Eminent Domain to Protect Open Space

Phoenixville Area School District is attempting to sell one of the last large parcels in the Borough for a type of high-density development despite overwhelming public outrage and the fact that it is not even allowed per Borough Code. This thoughtless action, pushing the private sale to the Chester County Court of Common Pleas, could cost taxpayers tens of thousands of dollars in fighting legal cases with Toll Brothers. Why did 5 members of the school board vote to allow an agreement they should have known was against the code?

We don’t know. And the reason we don’t know is because the school board did not deliberate in public. They gave no substantive reason, put up a flawed analysis on the website using factors that make no sense. For example, the one analysis they shared online used a factor of 1% for annual tax increases and a 1% increase for costs.

The reality is, neither of those is likely. As we all know, costs have risen more than 1% in the last year. Energy, transportation, and the mandated increases per contracts all have a more than 1% increase.

In fact, there is even a report from Chester County Planning Commission that shows that development can cost taxpayers more than they will collect from any increased revenue. Both the Borough and County Comprehensive Plans call for protecting open space, so why is the district ignoring the public and Comprehensive plan?

Why did 5 members vote to move forward with asking the Chester County Court of Common Pleas to approve this private sale? And why not go through the normal public sale process?

Had the board deliberated in public and discussed these and other concerns taxpayers would know their reasons. But since the board deliberated in Executive Sessions, as was admitted during a public meeting, we have no idea.

The fact is there are many reasons to protect this parcel. The proximity to the Schuylkill River, concerns about stormwater drainage, habitat loss, safety and many others. All these concerns were brought up to the board. None of the questions or concerns were responded to. The board just continued to parrot untrue talking points.

First the board somehow doesn’t seem aware that this parcel was being held per an agreement with the Mayor’s Task Force for the Phoenixville train until at least 2020. Several board members mistakenly stated that this sale was discussed as far back as 2017. That is untrue. While there may have been a question asked, or a slide in a presentation, no substantive discussion was ever held during 2017, 2018 or 2019. The land was being held pending review of district needs and the train project.

And the district does have a need. We know there are issues at the high school and middle school with regard to overcrowding. The board could have used this parcel to alleviate this serious issue by moving the administration building. Why aren’t they? Again, we don’t know because they never discussed this in public.

Why did the board ignore all concerns from taxpayers? We don’t know because they never responded to any of the concerns brought before them.

Now a coalition has formed and is working to stop this bad decision. Phoenixville Area Friends of Open Space. The time to protect our land and stop future tax increases is now. There is a path forward to do this. The Borough and County can utilize Eminent Domain to purchase the land. The school district used this method in the past to take the Meadowbrook Golf Course and build two new schools. In that case, the school district used Eminent Domain to force a sale from the family that had owned the land for years.

Eminent domain is used when there is a need for land for public use. The sellers must pay fair market value, as decided by a Court.

There have been several recent cases where land in Chester County has been protected for open space. By working with land conservancy and other organizations funds are raised to purchase the land.

While we all understand the need for housing, is this really the best use for this land that taxpayers paid for? And should any taxing authority act against the will of the community?

There were dozens of people who spoke against this potential sale and over 1,000 signed a petition asking the district for more study before voting. Not only did the board move forward without that study, but they also moved forward without public deliberation on the issues raised.

Keeping this parcel as open space is in the best interest of the community. If the school board won’t do the right thing for taxpayers by choice, then the Borough and County need to move forward with Eminent domain for the good of our community and to protect taxpayers.

Please join us at Borough Council on Tuesday September 13th and consider signing this petition: https://www.change.org/p/save-phoenixville-s-open-space-save-the-k-center?redirect_reason=not-identified&fbclid=IwAR07H9_B3pXnt9xy-qK78je-4rOwE5yaCRxMNvBmSp4ZOjRojQCdPRGWAAM