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In the past few days, a lot of people have asked "Why does
the Borough let them do this?" Unfortunately, the answer is "the
Borough can't do much about it." Thanks to the vision of William
Penn and his immediate successors, all government power resides
with the state government, which delegates power as it sees fit.
One form of delegated power concerns schools, which is granted to
local entities called school boards. Other local government
entities include the Business Improvement District, the
Historical and Architectural Review Board, the Zoning Hearing
Board,
and of course, the council and mayor of the Borough of West
Chester. Several state-wide governmental entities operate in the
Borough as well, such as the State System of Higher Education
(which runs West Chester University), and on occasion, the State
Police and the Liquor Control Board (LCB). Each entity has its
own set of powers granted by State governments, but when those
powers come into conflict, state entities trump local entities.
In other words, the Borough cannot tell the State Liquor Control
Board how to do its job.
Everything having to do with the sale of alcoholic beverages
is regulated by the State, which holds the monopoly on the sale
of wine and spirits, grants wholesale licenses for beer
distributors, and individual licenses for restaurants and bars.
Most of Pennsylvania's liquor laws were created in 1933 in
response to the federal repeal of Prohibition, and ever since
have been regarded by outsiders as archaic and confusing. In the
past ten years, the state legislature has taken steps to make
them more manageable -- permitting distributors to sell beer on
Sundays, for example -- but the reforms have done more to aid
alcohol providers than they have to aid local control. The worst
reform, from the point of view of local government, took place in
2000 when the legislature passed "Act 141," which replaced quotas
for the number of liquor licenses in each municipality with
quotas for each county. As a consequence, liquor licenses could
more from one municipality to another within the same county, and
that inspired the movement of licenses from places that served
50-cent draft beers to places where people are willing to pay
several dollars for a bottle of imported beer. West Chester is
such a place.
Act 141 appeared to provide communities with some control,
since it required them to hold a public hearing on each transfer
application. But that was misleading, since an applicant can
appeal a refusal to the Court of Common Pleas. Act 141 did
nothing to reverse earlier court rulings that a community's
concern about the impact of a new liquor license was not
sufficient to deny the license. Even worse, the State Supreme
Court ruled in 1956 that courts could not regulate liquor license
transfers because, in the words of Chief Justice Stern, [it is]
"for the legislature to enact whatever changes therein it may
deem desirable; if the legislature wishes to amend the Code as
now construed it may readily do so." (See "Obradovich Liquor
License Case," 386 Pa. 342, 126 A.2d 435.) More recently in
2002, the State Commonwealth Court overruled a lower court ruling
in the case of "Boston Concessions Group, Inc. v. Logan Township
Board of Supervisors." In the judges' opinion, "our legislature
has established the principle that a licensed establishment is
not ordinarily detrimental to the welfare, health and morals of a
neighborhood or its residents." As a result, Logan Township was
forced to allow a liquor license transfer into their community,
even though their police chief testified that he did not have
enough staff to prevent potential problems.
And as if that isn't enough, the LCB's own Advisory Notice
#19 on "Intermunicipal Transfer of Retail Licenses" states "The
[Liquor Control] Board does not have the authority to ignore the
refusal of the receiving municipality absent an order from the
Court of Common pleas reversing that decision." In plain
English, that means the LCB will not block a transfer unless it
receives a court order to do so. Since the Supreme Court ruled
that the legislature, not the courts, must determine alcohol
policy, it means that neither the courts nor the LCB will back up
a community if local govenment tries to block a liquor license
transer.
So like it or not, the responsibility lies with the state
legislature. The State Liquor Code does allow communities to
hold "local option elections" on whether to allow or prohibit the
sale of alcohol in its entirety. But unless a community is
willing to go completely "dry." it has no way to regulate alcohol
sales. At best, it can use zoning laws to designate areas where
alcohol-related businesses can operate, but otherwise all local
government can do is make the application process more costly and
clean up after problems occur. All of the other available
remedies -- like enforcing fire code limits to prevent
overcrowding or persuading the Liquor Control Enforcement branch
of the State Police to conduct raids -- kick in only after the
license has already reached West Chester. (Borough Council
ordered a study of this problem in 2005. See what they concluded.)
The legislature's reluctance to provide better enforcement
tools, despite loads of evidence that alcohol abuse has become a
national epidemic, can be explained in terms of money. The
alcohol business is extremely lucrative, and its participants are
organized to exert political pressure. The Pennsylvania Beer
Wholesalers Association lobbied legislators to approve Sunday
beer sales in 2005, while efforts to raise the state tax on beer
went nowhere. The Daily Local News ran an article on
April 25, 2005 called "Liquor sales hardly on the rocks" (by John
Rossomando) that cited a study by the Greater West Chester
Chamber of Commerce. The study found that during 2004, the
281,371 people who live within ten miles of West Chester spent an
average of $1,713 on alcohol (compared to $1,537 on gasoline).
That works out to nearly a half billion dollars spent at
state stores, bars, restaurants, wineries and other places that
sell alcohol. The seventy-four bars and restaurants in the West
Chester area sold $6.7 million worth of alcohol during that
period.
It is too soon to know if the new people in the state
legislature will be able to overcome the inertia on this issue.
If they do not, then we are left to depend on "law of the
marketplace." At some point, liquor licenses will become too
expense to be profitable in the Borough, and one or more
establishments will go out of business. But until that occurs,
Borough employees will face tougher jobs and residents will have
just have to cope. On the other hand, if you want to get a
drink, . . .
Note: The next application to bring a liquor license
into West Chester has been filed by Stan Zukin for use by a
restaurant called Limoncello Ristorante at 7-9 N. Walnut
Street (formerly the West Chester Fish Market and briefly the
Blue Jeans Cafe). Expect the hearing to take place in early
2007.
Fifteen Year Review of WCU
[Posted December 17, 2006]
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With West Chester University poised to discharge a new set of
graduates into the world (December graduation on Sunday, the
17th), it seems like a good moment to examine the current state
of the university. By a lucky coincidence, WCU officials
recently complied a document entitled "Comparison 1992 and 2006"
which documents changes over the past fifteen years and lists
accomplishments for that same period. Since 1992 was the year
that WCJIM started teaching full-time
at WCU, he can add a few observations of his own. [Note: WCJIM
sought and received permission before using the memo as a basis
for this article.]
The first section is entitled "Students and Faculty." It
shows that the total number of students has increased by just
under eight percent, from 11,959 to 12,882. Most of that
increase is in the form of undergraduate students -- up 860 since
the fall of 1991. The memo also notes that the University has
"made the decision not to grow beyond 13,000 students." During
the same period, the number of full time faculty increased less
than five percent from 543 to 569.
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Food court in the newly enlarged Lawrence Hall
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The quality of those students has changed during that period, at
the same time that more students have applied to come to West
Chester. The number of applications by first-year students
(transfer and graduate students are separate categories) has
increased by over 72% in the past fifteen years, from 6,772 to
11,669. An increase in applications at nine times the rate of
admissions has allowed WCU to become more selective, and that
appears in the form of higher SAT scores -- up from 942 to 1069 -
- and in higher GPAs for incoming students -- up from 2.97 to
3.32. It also shows up in the number of degrees completed: from
1,933 during the 1991-1992 academic year to 2,689 in 2005-2006,
an increase of nearly forty percent.
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A more visible change over the past fifteen years has been the
renovation and reconstruction of the University's buildings and
facilities. A partial list of projects includes the construction
of student apartments on South Campus (near the football stadium)
and the Boucher Science Center, plus the renovation of Anderson
Hall and the expansion of Sykes Student Union, all in 1995. In
2000, the University renovated Philips Memorial Building
(including the Asplundh Concert Hall) and the Schmucker Science
Center. In 2003, the University completed the Sharpless Street
parking garage, and in 2004, two privately operated residence
halls on University property, "The Village" on South Campus and
University Hall on North Campus. That same year, another parking
garage was added between S. Matlack and S. High Streets. This
year (2006), the Lawrence dining hall and office building was
enlarged and renovated, and Farrell Stadium also received
renovations. In 2007, the University expects to open a new
performing arts center on S. High Street and renovate Swope Hall.
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University Hall, completed in 2004, shown under
construction
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None of this comes cheap, but the University's fundraising has
made major strides as well. In 1992, the University received
gifts totaling $1.89 nillion, and by 2006 that number had risen
to almost $4.3 million. A capital campaign in 1993-98 netted
$13.8 million dollars, while a second campaign which got underway
in 2000 has brought in $23.8 million so far. In fifteen years,
the University's endowment has grown from slightly over $2
million to more than $13.5 million, and the number of donors has
increased by almost fifty percent from 5,236 to 7,712.
The memo mentions some other achievements, such as an
increase in the percentage of minority students from 1,092 in
fall 1991 to 1,643 in fall 2006, an increase in the percentage of
minority faculty from ten to sixteen percent, and an enormous
increase the the number of volunteer hours donated by WCU
students to the community, from 12,667 to 185,316, and an
increase in the "Economic Impact Benefitting the Region" from $60
million to $212 million between 1993 and 2006). It concludes
with a list of some of the more noteworthy achievements of the
past fifteen years include a partnership that brought fifty
Steinway pianos to the music school, the creation of the world's
first undergraduate Pharmaceutical Product Development program,
the establishment of exchange programs with a Chinese university,
and many more.
As someone who spent four of the past fifteen years serving
on the committee that evaluates professors for tenure and
promotion, WCJIM has seen a definite increase in the quality of
the faculty and the research that they produce. He has also
noticed (and benefitted from) some remarkable efforts to improve
the way that professors teach, and has also seen graduates from
his own department gain admission to increasingly competitive
schools for masters and doctoral studies. Although West Chester
University is not (yet) on a par with Ivy League schools, it has
certainly raised the standard for what were once known as "state
teachers colleges." Based on WCJIM's own classroom experience,
the best students at WCU rival the best students at any other
school in the country. As the beneficiaries of these changes,
today's graduates will leave with more than enough education to
get started on the rest of their lives.
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A New Year's Wish
[Posted December 27, 2006 ]
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Although WCJIM has tried to present
things that are factual and unique on this web site, he is just
as susceptible to the impulse to review the year 2006 as every
other media outlet. So for this article, he will exercise the
"blogger's prerogative" to say whatever he thinks without citing
sources to prove it. Naturally, you may certainly exercise your
"reader's prerogative" by ignoring what he writes. With that in
mind, here are a few thoughts about some of the issues and events
that occurred around here in the past twelve months.
One pleasant surprise was the relative ease with which the
Borough modified its trash collection policy for the second time
in as many years. The new policy yielded immediate benefits, and none of
the doomsday scenarios predicted by opponents have come to pass.
Instead, quietly and quickly, the new policy has saved the
Borough money by reducing the amount of trash taken to the
landfill, helped the environment by increasing recycling, and
cleaned up a substantial number of the Borough's neighborhoods.
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Another surprising thing was the lack of public criticism (or
comment) about next year's property tax increase. Having
sat through most of the relevant meetings, WCJIM knows that
Borough Council had no real alternative -- pensions, salaries and
elevated fuel costs were the main culprits -- but coming off a
campaign season in which Republican candidates complained
continuously about tax increases (example), it seemed odd that
none of them showed up to challenge the budget. As a result,
Council's finance committee was able to hold a sane discussion of
the options at their December 12 meeting, and the full Council
passed it on with no negative comments at their December 19 work
session. With three Borough Council seats up for election in
2007, it seems likely that the tax increase will become an issue
next year, but WCJIM kept a record of who attended the meetings
(he was the only one in the audience on December 12), and will be
happy to point out irresponsible second guessing.
One issue that hasn't gone away is the "South Walnut Street"
problem. That's the one where crowds of night-life seeking young
people flood the neighborhood on Thursday, Friday and Saturday
nights, waking up the people who have to go to work in the
morning, and occasionally committing acts of vandalism. Although
the issue has recently gotten more attention thanks to the 2005 mayoral race, Borough Council's Neighborhood Task Force, the
police department's Source
Investigation Project, and heightened concern by University officials,
no one has figured out how to change things. WCJIM has shared
his ideas on the subject at Neighborhood Task Force and Town Gown
meetings, but is reluctant to editorialize on this page while
others are still working on the problem. He will make one
observation however -- the people who cause the problems cannot
be intimidated into stopping, so answers that depend entirely on
law enforcement are not going to succeed. [NOTE: WCJIM is
organizing a panel discussion on "who defines the standards for
neighborly behavior?" at "Civility Day" on the West Chester
University campus at 9:30-10:45am on Thursday, February 22. If
you would like to participate or offer a suggestion, email WCJIM.
Perhaps the most amazing thing in 2006 (other than the
Philadelphia Eagles resurgence behind quarterback Jeff Garcia)
was the Democratic Party's sweep of the state house and senate
elections for the West Chester area. Although Republican
strategists have attributed it to "a bad year for Republicans,"
that is clearly spin since Andy Dinniman's senate victory occurred in mid-
May, well before the bottom dropped out on Republican poll
numbers. No one believes that the Republican Party has lost its
grip on local politics, but for the first time in decades, there
are two legitimate parties in the County. It will be
interesting to be see how that will affect local government. [If
you think that Main Line Life
should name the Dinniman victory as its "Top
News Story of the Year," tell them by email using this link.]
Looking beyond West Chester, 2006 was a year full of
disturbing things. The world's environment continued its
decline, aided by the US government's denial of global warming,
and accelerated by the Third World's rush to reach American
consumption levels. Internationally, the Middle East provided
more than its share with violence in Iraq, Lebanon and Gaza. In
Africa, several recent conflicts subsided, progress was made on
both AIDS and malaria, and several countries held elections
without problems, but the "situation" in Darfur (Sudan) -- civil
war, famine, drought, and/or genocide -- is spreading into
neighboring Chad while Ethiopia's intervention in Somalia is
unlikely to bring stability to that country.
Here in the USA, the social contract had a bad year.
That refers to the unwritten agreement that everyone will
sacrifice a certain amount of self-interest in order to preserve
civil society. (For example, it's the kind of thing that makes
drivers stay to the right of the center line, even when crossing
it to cut off a curve would permit them to go faster.)
Philadelphia's record homicide rate, the number of shootings in
schoolyards, the proliferation of aggressive drivers, and lots of
other acts of the "me first" society suggest that there are less
restraints on anti-social behavior than there used to be. The
alternative -- more laws, more police and more prisons to scare
people into behaving correctly -- has gotten a lot of verbal
support from people who, for whatever reason, prefer to offer a
simple solution. As a historian and someone who has travelled in
a lot of different countries, WCJIM is completely skeptical of
claims that a police state can replace a social contract.
A lot of these ideas came together on Monday, October 2, when
a deranged individual shot ten Amish schoolchildren in Lancaster
County and then killed himself. Neither his family nor his
friends knew what was inside his head, which appears to have been
to gather the most public attention he could by committing the
most horrific crime he could imagine. He succeeded. Everyone in
our country forgot about everything else, including another
school yard shooting in Colorado, the murder of a five-year old
boy in Philadelphia, and the weekly casualty count from Iraq.
Despite all that, there was a moment when it seemed as if his
crime might result in something positive. Instead of revenge,
the relatives of the victims offered forgiveness, and did what
they could to comfort the family of the shooter. On October 5,
the Philadelphia Inquirer quoted one Amish man who explained "We
have to forgive just like Christ forgave us," and a day later, a
non-Amish relative of one of the dead children wrote:
If there is anything good to come of this, it is the
reaction of the Amish families whose children are now dead.
They have been very public with their messages of
forgiveness. It does them no good to hate the man who killed
their children. It is unfair to hate the widow and children
of this man. Indeed, the widow and children of this man have
their own demons and difficulties to face. To publicly stand
and say, "We forgive" is a very positive message in our
troubled world today. If our morality tells us, an eye for
an eye; a tooth for a tooth, we all end up blind and
toothless. I don't remember where I read that, but it
seems particularly relevant today.
A statement from the "Nickel Mines Accountability Committee"
(which appeared in the October 11, 2006 Centre Daily Times
of State College, Pennsylvania) elaborated on the idea of
forgiveness:
... We thank people from the news media who sensitively
reported our tragedy to the world and in many cases wrote
thoughtful commentary that helped the world grapple with
values that are dear to us -- forgiveness, non-violence,
mutual caring, simplicity and life in a community of faith.
Above all, thank you for the acts of kindness you showed us
even while you were doing your reporting work.
The Roberts family is also suffering. Please join us in
showering care on them, praying for them and in assisting
them with financial needs that they face.
We have organized the Nickel Mines Accountability
Committee to receive contributions and apply them to the
needs that resulted from the shootings: medical and
counseling ...
Thank you and God bless you.
WCJIM concludes: Nearly three months after those words
were written, our society has moved on and revenge -- the emotion
that rationalized the post-911 invasions of Afghanistan and Iraq
-- rules once again. It is not clear how to counteract that, but
it is clear that the desire for revenge does not fix anything.
If you doubt that, look at what it has done in northern Ireland
and in Palestine, and what it seems poised to do in Iraq.
WCJIM's New Year's wish is that everyone who reads this
will get through 2007 without expressing the need for revenge.
His New Year's dream is that your example will motivate others to
do the same.
Have a healthy, peaceful year in 2007.
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Some Hi-Tech Borough Secrets
[Posted December 31, 2006]
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There are many types of networks that overlay the Borough. The
most obvious one is the street grid which divides it more-or-less
into rectangular blocks. Another one is the zoning map, whose
outlines follow streets in some places, the terrain in others,
and historical precedence in yet other places. A third kind of
network can only be detected with special equipment, but that
doesn't stop spirited individuals from using it for family
entertainment.
The third network is called the Global Positioning
System (GPS) and is created by radio emissions from
satellites in orbit around the Earth. If you remember your
trigonometry, the principle is simple -- using the beams from
three or more satellites, you can establish the coordinates of
any place on the Earth's surface, or above or below it, for that
matter, using devices that now small enough to hold in your hand.
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A grid of satellite signals overlays the Borough
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The technology was originally created for military use, and the
top secret version of it is rumored to be accurate to within six
inches. During the Clinton administration, a less accurate
version was declassified for civilian use, and now shows up in
our daily life in the form of automobile-mounted direction
finding systems like OnStar. It was in the news about two weeks
ago when three mountain climbers became lost on Oregon's Mt.
Hood, and rescuers used it to try and locate them.
GPS systems also lend themselves to entertainment by
providing the basis for a hi-tech hide-and-seek game called
geocaching. "Cache" is the French word for "hide" and
back in the days of fur trappers, a "cache" was a package of food
and other supplies that the trappers hid along their route so
that they would not have to carry everything with them. Mountain
climbers use caches (pronounced "cash") to stockpile supplies for
the ascent of major peaks, and WCJIM
has used them to stash clothing and supplies during his travels
in Africa.
A "geocache" is a cache that you locate using a hand-held GPS
appliance. That's a battery-powered device that senses the
signals from overhead satellites to determine where you are --
latitude, longitude, and altitude. It can also store other data
-- like a local map -- to allow the user to see what is located
nearby, and if you program it with the coordinates of your
destination, it can even give you directions.
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A geocache consists of a weatherproof container that contains a
logbook and "swag" -- trinkets or other souvenirs that reward the
person who finds it. The entertainment begins when a geocacher
gets the coordinates of a geocache from a web site and then try
to locate it with their GPS appliance. Since the civilian models
are only accurate to within about 50-75 feet, it means that even
if one reaches the correct coordinates, some hands-and-eyeball
searching is still necessary. Once a geocacher is successful,
the last sep is to record the name and date of the find in the
log book, remove a piece of swag and replace it with something
else.
The other part of geocaching is creating geocaches that are
well-hidden, yet accessible and fun to seek. A sequence of
geocaches can have a historic theme, or one can offer information
used to locate the next one, must like the clues in a treasure
hunt.
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A typical geocache featuring logbook and "swag"
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What does all of this have to do with the Borough of West
Chester? This past week, a local geocacher contacted WCJIM for
information that will go into create a new cache. He also
provided a tour of some existing caches and a chance for WCJIM to
use a GPS appliance. We found two caches in the town center,
plus another one at the edge of town, and discussed several more
that are all within walking distance. In order to avoid spoiling
everyone's fun, this article will provide no further information
about their location, but if you're interesting in learning more
about geocaching or how to find local caches, check out these
websites that explain the
process and describe local
activities.
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Hiking Through History
[Posted January 3, 2007]
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One of the issues that gets shoved in our faces nearly every day
is sprawl. Too much traffic, loss of open space, pollution,
frustration, congestion ... these are the symptoms of a larger
problem that involves economics, law and social attitudes. But
fortunately, East Bradford Township has created a place where you
can get away from it all, at least for a few minutes.
That place is the Singer Farm, a 175-acre parcel on rolling
hills located northwest of the Borough. In 2000, the farm's
owner, Michael Singer, granted a 15-year "public trail easement"
to the Township as a way to prevent the school district from
taking it for a new high school. (The school district eventually
built its new high school on
land located south of the Borough.) The easement allows the farm
to continue to operate, but provides for three trail loops
totalling about 2.5 miles around the fields.
The beauty of the trails is that they offer views of what we
all think Chester County should look like. Rows of corn stalks
give to texture to rolling hills, while hardwood groves shade the
parts that are too steep or too wet for planting. Surrounding
the entire system are thorny hedgerows that for some reason
appear purple during the winter.
No doubt, there are deer in the surrounding woods -- the
entrance is clearly marked with a warning to hikers to stay off
the trails during prime deer-hunting hours -- and there are
certainly rabbits and a large variety of bird life. This time of
year, the views are enhanced by the absence of tree leaves, and
the low sun elevation which lights everything from the side.
That provides the kind of scenery that Andrew Wyeth made famous
in his paintings of the area around Chadds Ford.
Of course, hikers can't miss the Borough water tower and the
County Justice Center which surmount the skyline to the
southeast. But Strasburg Road, which passes the farm to the
south, is barely visible even when hikers approach it, and PA
Route 322, which passes to the northeast, disappears as soon as
hikers cross the first ridge. On a busy day, there may be about
a dozen cars at the Route 322 parking area, which translates into
less than a half dozen encounters on the trail (since most people
follow the signs which point in a counter-clockwise rotation).
Most have dogs (which are supposed to be on a leash) and a few
bring along children.
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In a County where farms are giving way to houses at a rapid
pace, the agreement between the Singers and East Bradford is a
welcome exception. Some time before it expires in 2015, the
Township will consider whether to buy the easement or perhaps the
entire property, and if they do not, then the last bit of open
space within sight of West Chester will disappear. If that trend
continues, we may need to drive to Lancaster County to see what
Chester County used to look like.
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