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West Chester Braces for Another Sports Bar
[Posted December 7, 2006]
The news that another sports bar is coming to West Chester has sent a chill across the Borough at the beginning of this holiday season. According to the November 30, 2006 Daily Local News Jack McFadden, owner of the Turk's Head Tavern, is selling his restaurant and liquor license to the Barnarby's sports bar chain of Delaware County. McFadden will remain the owner of the building next door at 7-9 S. High Street, which he has talked of turning into a hotel, as well as a pair of buildings in the 100-block of W. Market Street.

Across the Borough, the reaction is negative. While West Chester's bar scene is clearly popular with the thousands of customers who flock here on weekends, and it must certainly delight local bar owners, it causes problems for the police, public works department, local health officials and neighbors who have to deal with noise, parking and vandalism.

The sale of the Turk's Head is of particular concern since McFadden's liquor license has been used to support "fine dining" rather than a "pack 'em in" gin mill. The Borough has seen this happen before -- Coyote Crossing started out as an "an upscale Mexican restaurant" according to the Daily Local News in 2002, but has since devolved into a college-age watering hole at the corner of Walnut and Market Streets, where its patrons mingle with those from Baxters and 15 North to create large drunken crowds at closing time. More recently, another developer told residents at a public hearing that he wanted a liquor license for his new building at Darlington and Gay Street to open a "four or five-star restaurant," yet announced less than a year later that his tenant was going to be Landmark Americana, owner of another chain of sports bars. NOTE: Public hearings are only required for liquor license transfers. The McFadden- Barnarby sale does not require a hearing because the license will remain on the same premises.


sign for the Turk's Head Inn
The Turk's Head Inn will close at the end of 2006

sign announcing a liquor license transfer
Signs alert the public that an application has been filed

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]
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.

 Food court in the newly enlarged Lawrence Hall
Food court in the newly enlarged Lawrence Hall
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.
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.  University Hall, completed in 2004, shown under
construction
University Hall, completed in 2004, shown under construction
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.


A New Year's Wish
[Posted December 27, 2006 ]
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.

 end of 2006 graphic
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.


Some Hi-Tech Borough Secrets
[Posted December 31, 2006]
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.

A grid of satellite signals overlays the Borough
A grid of satellite signals overlays the Borough
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.

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.

A typical geocache featuring logbook and swag
A typical geocache featuring logbook and "swag"
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.


Hiking Through History
[Posted January 3, 2007]
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.

 Singer Farm hiking trail in East Bradford Township

scenery at the Singer Farm in East Bradford,
Pennyslvania

map of the trail system at the Singer Farm in East
Bradford Township, Pennsylvania

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.


 

Copyright 2007 by Jim Jones