brandywine in white

DSC_9005This has been the summer of old school fabulous summer parties. The summer began with Natural Lands Trust’s Stardust 2015 at Stroud Preserve and last Saturday it was capped off by the simply brilliant Brandywine in White at Chadds Peak Farm.

DSC_9072Until this summer I thought the time of DSC_9025gracious and beautiful and FUN summer parties were the stuff memories of the past were made of.  Not so! Brandywine in White was so sublimely civilized, we can’t wait for next year!

As opposed to Dîner en Blanc Philadelphia this is a more bucolic and intimate setting of DSC_9359about 200 people as opposed to the 4500 in Philadelphia.

Brandywine in White reminds me of summer picnic dinners in England and Europe. It was just so lovely.

DSC_9510A bunch of us purchased a table and a service table for our food and libations. As opposed to Dîner en Blanc Philadelphia, at Brandywine in White you rent your table and chairs and you can also rent DSC_9184service tables. The tables come with white chairs and the tables have plain white tablecloths.  The guests bring additional white everything and food and wine. In the true en blanc tradition, guests wear all white, but at Brandwine in White you saw more ladylike and beautiful summer hats versus citified high fashion fascinators. I have to be honest I preferred the summer hats.

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DSC_9374Guests traveled down an dirt road/driveway off the main road and as the trees parted to our right were beautiful fields and tables and people all in white.  We were greeted at the entrance and checked in, and were pointed in the direction of a second event hostess who provided us with our table location.

The tables were set up like a giant rectangle, but there was space in between each table for people to be able to move with ease.  Down the center were white poles supporting clear white lights all over the party area.DSC_9298

We set up next to a wonderful group of people and ended up trading some of our cheeses DSC_9258from iGourmet.com for some of their goodies including mushroom pinwheels. We served some luscious white wines and delightful French Rosé Wines with our picnic supper.

DSC_9164We knew no others than our table and we soon met many people we enjoyed so much.  Brandywine in White guests floated from table to table visiting, snapping photos, and checking out the other white themed tablescapes.  We were “vintage en blanc“.

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There was croquet and there was also dancing – and the disc jockey was the best one I had heard in years. no electric slide and overt personal commentary. He just played great music and lots of it!DSC_9387

We are already planning ahead to next year!

Brandywine in White was amazing and they gave donations after expenses to the Sunday Breakfast Mission in Wilmington which really needs a hand up right now.DSC_9465

what bishop tube looks like (and more legal stuff filed)

DSC_8760I went to Malin Road and stood outside the fences of Bishop Tube today.  Totally creepy and deserted.  I was glad to see an unmarked police car do a drive by a couple minutes after I got there, the place gave me the willies.

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I took photos from outside the fencing on the road. What a weird feeling to be out on such a gloriously beautiful day, yet there was the overwhelming creepiness of the Bishop Tube Site, all abandoned and the only way to describe it was the place seems to radiate negative energy.  Don’t see how that feeling will be eradicated by plastic townhouses marching row after row.  The site doesn’t appear to be particularly secure and given what appears to be vandalism, nor does itappear as if it has been for years has it?

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Staring at the site, I couldn’t help but wonder where the PA DEP was on this? I can find on the Internet where they were in the past, but not in the present. Or the EPA, which is so screwed up just read THIS and THIS and THIS.  Here let me share this:

The EPA Should Resign in Shame over Orange River

Let States Step Up to the Plate on the Environment

The cause? None other than a mistake by the US Environmental Protection Agency. The Wall Street Journal reported details on the incident Sunday, noting that the spill was initially downplayed by the EPA, and that it was much larger than first reported. Most importantly, as of Sunday, the mine is still releasing wastewater at a rate of about 500 gallons per minute. The pollution incident is ongoing.

This latest toxic release is yet another example of the EPA spectacularly failing at its primary mission. As I’ve expressed in this space before, the government is not particularly competent at environmental remediation and management.

When you read things written by critics of the PA DEP, it is often not much better. Look these government agencies have good intentions but they all seem to get in their own way and in the end are the accomplishing their goals of protecting all of us?

Just check out this article from 2014 about fracking contaminating drinking water :

The Pennsylvania DEP has been criticized for its poor record of providing information on fracking-related contamination to state residents. In April, a Pennsylvania Superior Court case claimed that due to the way DEP operates and its lack of public record, it’s impossible for citizens to know about cases where private wells, groundwater and springs are contaminated by drilling and fracking.

“The DEP must provide citizens with information about the potential harm coming their way,” John Smith, one of the attorneys representing municipalities in the lawsuit, told the Pittsburgh Post-Gazette. “If it doesn’t record and make available the violations records then it is denying the public accurate information, which is unconscionable.”

When is the last time the PA DEP or EPA took a good look at sites like Bishop Tube in Pennsylvania?  These aren’t new sexy disasters, they are plodding along existing trouble spots so now that there don’t appear to be lots of  government money floating around for clean up ( a la “Growing Greener“) who cares about these toxic sites like Bishop Tube?

Now the PA DEP mentions Bishop Tube in it’s 2014 report, yes but it isn’t in so much detail is it? I found the annual reports on the DEP website which crashes a lot. So where are State Representative Duane Milne and State Senator Andy Dinniman on Bishop Tube?  Aren’t they supposed to be looking after Chester County residents on this topic as well?

I happened to check the court dockets on the Bishop Tube litigation mention in prior posts when I came home and there are a few more filings on the case of ordinary hard-working people vs, everyone involved around Bishop Tube.  Here are the two most interesting:

Plaintiff Memorandum Response Bishop Tube 2015

Amended Complaint With Jury Demand Bishop Tube 2015 Aug 12

Apparently although The Daily Local did that curtain raiser of an article a couple of weeks ago, no other media seems interested in a toxic superfund site in bucolic Chester County? Or are there media inquiries and other inquiries starting to foment and ferment behind the scenes?

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Here are a couple of gems from all this legal stuff:

From the plaintiffs’ memorandum (2:15-cv-01919 (GJP) filed 8/10/15):

Table of Auth

Page 4: “The Plaintiffs have alleged that, during the Defendants’ respective ownership and operation thereof, they discharged hazardous substances into the environmental which have migrated onto and into the Plaintiffs’ property including the Plaintiffs’ drinking water. It is further alleged that the Defendants have failed to remediate the contamination, the regulatory authorities have failed to require the Defendants to remediate the contamination and additional response work will be necessary.”

Page 6 “It is alleged in the Complaint that, during their respective periods of ownership and operation of the Bishop Tube site, the Defendants used or permitted the use of hazardous substances, including trichloroethylene (“TCE”), during the manufacturing processes for their seamless stainless steel and other products and that, as a result of the Defendants’ ownership and operations at the Bishop Tube site, hazardous substances, including TCE, were disposed into the environment, including the Bishop Tube site’s soils and groundwater. See Complaint,¶¶34-35. It is further alleged that subsurface migration of contaminated groundwater from the Bishop Tube site has and continues to contaminate the aquifer beneath the Bishop Tube site and beneath off-site premises including the Plaintiffs’ home. See Complaint, ¶36.”

Page 7 “Accordingly, in or about 1999, the PADEP took over response actions at the Bishop Tube site, which included periodic sampling of soil, surface water, groundwater, vapor intrusion pathway analysis and maintenance of monitoring wells in the contaminated aquifer as well as the installation of a soil vapor extraction and air sparging system designed to capture and remove contamination from subsurface soils at the Bishop Tube site. See Complaint, ¶¶42-43.

However, none of the Defendants have taken any steps to actively remediate the contamination that originated on the Bishop Tube site, which has and continues to migrate onto the Warren property and neither the EPA nor the PADEP have taken any steps to compel such remedial activity. See Complaint, ¶44. Further response action is necessary to abate the release of the hazardous substances at the Bishop Tube site which have and continue to migrate onto the Warren property. See Complaint, ¶45.”

A Notice of Intent to Sue was served on all Defendants as well as the EPA and PADEPon December 8, 2014, to which no one responded”

Page 11: “III. Plaintiffs’ RCRA Claim Must Not Be Dismissed

Johnson Matthey next argues that the Plaintiffs’ RCRA claim must be dismissed because it does not adequately allege an “imminent and substantial endangerment to health or the environment” and because the State is diligently addressing the contamination.

However, as described in detail above, the Complaint alleges that TCE contamination from the Bishop Tube site has migrated into the Plaintiffs’ well water. TCE is a volatile organic compound “used mainly as a solvent to remove grease from metal parts, but it is also an ingredient in adhesives, paint removers, typewriter correction fluids, and spot removers.

Trichloroethylene is not thought to occur naturally in the environment. However, it has been found in underground water sources and many surface waters as a result of the manufacture,use, and disposal of the chemical.” There is evidence that TCE affects the developmental and nervous systems in humans and is also carcinogenic. Specifically, there is evidence that TCE can cause kidney cancer and limited evidence for non-Hodgkin lymphoma and liver cancer as well as various tumors in animals. See United States Centers for Disease Control and Prevention, Agency for Toxic Substances and Disease Registry, Toxic Substances Portal for TCE, http://www.atsdr.cdc.gov/substances/toxsubstance.asp?toxid=30 (last visited August 7,2015).

Accordingly, it is respectfully submitted that it is disingenuous for Johnson Matthey to claim that Plaintiffs have not adequately alleged sufficient imminent and substantial endangerment to health or the environment to sustain a RCRA claim.”

Page 13: “Conclusion

Simply stated, in support of their federal CERCLA and RCRA claims, the Plaintiffs have alleged that: (1) the Defendants, including Johnson Matthey, discharged hazardous substances, including TCE, into the environment at the Bishop Tube site which have migrated onto the Plaintiffs’ property and, specifically, into their drinking water; (2) that the Defendants have failed to remediate the contamination; (3) that the regulatory authorities have failed to require the Case 2:15-cv-01919-GJP Document 6 Filed 08/10/15 Page 12 of 13 10 Defendants to remediate the contamination; and (4) that additional response work will be necessary. Indeed, TCE is a carcinogenic. Based on the foregoing, it is respectfully submitted that the Plaintiffs have alleged sufficient facts, which must be presumed true for purposes of this Motion, to withstand a Motion to Dismiss pursuant to Rule 12(b)(6) of the FRCP”

From First Amended Complaint With Jury Demand:

Page 5: 37: “During their respective periods of ownership and operation of the Bishop Tubesite, the Defendants used or permitted the use of hazardous substances, including trichloroethylene (”TCE”), during the manufacturing processes for their seamless stainless steel and other products.”

 TCE

const dr ptnerbish tuNegligence Bishop Tube80 81Ok above are just snippets of the legal documents, quotes, excerpts. You can read for yourself the entire thing as they are uploaded in this post:

Amended Complaint With Jury Demand Bishop Tube 2015 Aug 12

Plaintiff Memorandum Response Bishop Tube 2015

I did not create any of this it is all on the court record.

I am a cancer survivor. I would not wish that on anyone. I have also known people who have seen their children through cancer and trust me, it is too gut wrenching for words. In my opinion based on the research available to publicly peruse, this is site is toxic is it not? And then there is General Warren Village.  Those residents deserve peace of mind don’t they?  They have always been directly affected by Bishop Tube haven’t they?

I am a realist. This might be a creepy site but it is this chunk of land that developers are salivating over (don’t know if they are glowing in the dark from walking around it, however.) This site will be made into something although really it should be cleaned up and left alone since it is also my opinion that this site will take years to properly remediate, and can’t you agree that is reasonable?

But the thing is this: a plan like that not only affects people who want their piece of the American Dream and want to live in gorgeous Chester County who might purchase these cram plan slab on grade no basement wonders if they are built, but potentially every east Whiteland resident in the future, correct?

How can East Whiteland say for certain they would not ever become a party over litigation surrounding this site?  They can’t, can they?  And they have an obligation to current and future residents to see beyond the shiny promises of developers oh so familiar to them, see beyond and some new ratables  down the road, and must put their heads down and see that this site is properly remediated and even get alternate land uses investigated, right? The bottom line is the owner of the land knows how to remediate this properly, they have the experience, correct?

Approving a development plan here while this litigation is ongoing and remediation isn’t complete can be considered a case of putting the cart before the horse, yes? And why is it all we hear is about the developer planning on “capping vapors” with the concrete slabs for the townhouses, yet the current litigation mentions aquifer again and again which is ground water, drinking water, and so on, right? A little different from vapors, right?

East Whiteland has a lot of development balls in the air and should we worry about how the land planning with all the developer driven zoning overlays are getting done?

East Whiteland, you have to do this right. Lives depend upon it. Please.

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is the bishop tube site in malvern completely remediated for environmental hazards?

Bishop Tube in Malvern PA courtesy of Abandoned Not Forgotten

It is a fairly simple question: has the Superfund toxic waste dump of a site known as Bishop Tube been completely remediated? And if not where is it in the process?

According to court records from 2005, the Bishop Tube site groundwater contamination was first formally recognized in 1980:

In 1980, Congress enacted CERCLA. Groundwater contamination associated with the
Malvern Site was first identified in the spring of 1980 in residential wells. (Pl.’s Resp. Ex. 2 at
56412.) In September 1983, the Malvern Superfund Site was listed on the National Priorities
List. (Id.)

Yesterday I wrote a post on Bishop Tube and the latest proposed development. I had the link to a health report. So…Ok look but the thing is this – that health report thing says a LOT about Bishop Tube. The site has been targeted as toxic and been investigated a bunch of time since 1972, correct?  A cancer cluster was alleged in March 2007 by the community, correct?

Community folks reported 1-2 cancer cases in every household at that time, correct? A plume of contaminants from on-site has spread and is in the groundwater and local wells, correct?  A creek flows through there. Traces of the crud have been discovered a mile away, correct? There has been activity to clean up the contaminants at the site, but is it REALLY complete? Until it is complete, crud will continue to move in the plume, correct?

Additionally, since I posted my post I have seen the post shared on social media.  Residents of the area who grew up in and around General Warren have shared memories like this one:

” I remember being evacuated in June 1982 due to chemical spills and clouds of toxic stuff being in the air. Still clear in my mind since was studying for finals and we had to spend the night up in the old school in town. Also remember how my parents felt since there were fire police knocking on peoples’ doors to get out of their homes while the cops stayed in their cars and were using  speakers to get people out.”

Lots of current and former residents who also had relative who worked for Bishop Tube have commented. And have you ever read any of the obituaries of people who worked for Bishop Tube? How many of those people died of cancer? Also getting a lot of reads is a 2007 Daily Local article that was part of a series on Bishop Tube:

Keith Hartman and Dave Worst have many things in common.

They were both born in the 1950s, two years apart. They both grew up in General Warren Village, the modest, working class subdivision located south of Lancaster Avenue near the intersection of Route 29, and named for the historic General Warren Inne.

Like many of their neighbors in General Warren, Hartman and Worst worked at the nearby Bishop Tube Co.

Most significantly, the two men know of former Bishop employees who suffer from potentially fatal illnesses that they believe may have been caused by their exposure to trichlorethylene (TCE), a suspected carcinogen, during their tenure at the plant.

Hartman’s father, Lester Hartman, who worked alongside him at the plant, suffers from Parkinson’s disease, a neurodegenerative disease. Worst has stage two melanoma and lesions on his liver and kidneys that his doctors are monitoring.

According to a report from the U.S. Agency for Toxic Substances and Disease Registry, breathing high levels of TCE may cause nervous system effects, liver and lung damage, abnormal heartbeat, coma and possibly death.

Hartman and Worst can also run off a list of fellow Bishop Tube workers who either died from cancer or nerve diseases, or currently suffer from them.”

Ok so then you peruse all the East Whiteland Planning Commission meeting minutes you can find online that discuss Bishop Tube and here is a sampling:

EAST WHITELAND TOWNSHIP PLANNING COMMISSION MEETING February 25, 2015

ZONING ORDINANCE AMENDMENT; CONSTITUTION DRIVE PARTNERS (BISHOP TUBE) – RRD RESIDENTIAL REVITALIZATION DISTRICT.
Represented by Lou Colagreco, Esquire and Bo Erixxon and Chuck Dobson
The proposed ordinance is amending the “Table of Development Standard for Residential Districts” for the RRD Residential Revitalization District for the maximum tract density by reducing the number from 20 units to 12 units per developable acre. Other changes provide for reduction in setbacks from street and building spacing. The applicant had held a meeting with the adjacent tank farm owners and residents from General Warren Village. They have been able to satisfy the access of school buses, tanker trucks and emergency access under the railroad overpass. The total number of units being proposed has decrease from 303 to 264 units.

EAST WHITELAND TOWNSHIP PLANNING COMMISSION MEETING April 23, 2014

ZONING ORDINANCE TEXT AND MAP AMENDMENT – RRD –RESIDENTIAL REVITALIZATION DISTRICT – SOUTH MALIN ROAD – BISHOP TUBE

Represented by Lou Colagreco, Esquire, Brian O’Neill, Frank Tavani, John Benson

The applicant is requesting to add a new permitted residential district by amending Section 200-19 “Permitted Uses for Residential Districts.” The property is located on the south side of Malin Road formerly known as Bishop Tube property. The intent of the RRD Residential Revitalization District is to provide for and encourage reuse, redevelopment and revitalization of tracts that have undergone remediation. Mr. O’Neill advised that he has partnered with Benson Companies to construct townhouses on South Malin Road.

Mr. O’Neill stated that he met with the Township’s Fire Marshal who expressed his concern with the ability to handle a fire for multi-story structures at this location. Therefore, Mr. O’Neill has reduced the number of units to 305 down from 537 units. Density has been reduced by two-thirds from the original proposal. There will be no building on “hot spot” within the property, thereby, providing more green space. These “hot spots” will be capped. The new design is a rear entry building with 16 or 20 foot widths, three stories and approximately 1,900 sq. ft. The issue of a school buses being able to maneuver was investigated and determined not to be a problem. Changes to the intersection timing at Route 30 and South Malin Road will require modifications. Emergency vehicles only will have access to a keyed gate through Village Way. Members were advised that stormwater runoff will be controlled and the water will be cleaning before discharged to protect the Valley Creek. Discussion ensued.

Mr. David Babbitt presented his finding of the Fiscal Impact Study. He advised that the financial impact is positive for all entities: township, school district and county. He reviewed the report and stated that this development will not have a negative impact on the school district. Discussion ensued.

Members were advised that stacked townhouses are three and one-half stories tall and approximately 1,600-2,300 sq. ft. Mr. O’Neill addressed the screening for the units on the west side facing the tank farm and the exterior building materials being proposed. He offered to provide a four foot berm in front of the homes facing the tank farm for additional protection. Members suggested: 1) further review by the Fire Marshal for the new plan configuration; 2) traffic study review; and 3) approval of the building heights.

EAST WHITELAND TOWNSHIP PLANNING COMMISSION MEETING February 26, 2014

ZONING ORDINANCE TEXT AND MAP AMENDMENT – RRD –RESIDENTIAL REVITALIZATION DISTRICT – SOUTH MALIN ROAD – BISHOP TUBE

Represented by Lou Colagreco, Esquire, Brian O’Neill, Guy Wolfington

They are requesting to add a new permitted residential district by amending Section 200-19 “Permitted Uses for Residential Districts. The property is located on the southeast side of Malin Road formerly known as Bishop Tube property. The permitted uses are by right, special exceptions and conditional uses. The intent of the RRD Residential Revitalization District is to provide for and encourage reuse, redevelopment and revitalization of tracts that have undergone remediation.

Mr. O’Neill advised that the Bishop Tube property access is restricted due to the railroad tunnel. Various other development proposals have failed due to these restrictions. He is suggesting developing the property by demolishing the buildings. He will build 34 townhouses and 360 loft apartment with underground parking. There has been a cooperative effort from all parties to clean up the site. Discussion ensued concerning the safety limitations out of this area. Mr. O’Neill offered other developments where similar access limitation exists. He offered to provide the members a tour of these other locations he’s developed.

EAST WHITELAND TOWNSHIP PLANNING COMMISSION MEETING May 28, 2014

ZONING ORDINANCE TEXT AND MAP AMENDMENT – RRD –RESIDENTIAL REVITALIZATION DISTRICT – SOUTH MALIN ROAD – BISHOP TUBE

Represented by Lou Colagreco, Esquire, Brian O’Neill, Frank Tavani, John Benson

The applicant is requesting to add a new permitted residential district by amending Section 200-19 “Permitted Uses for Residential Districts.” The property is located on the south side of Malin Road formerly known as Bishop Tube property. The intent of the RRD Residential Revitalization District is to

provide for and encourage reuse, redevelopment and revitalization of tracts that have undergone remediation.

They are proposing to construct 305 townhouses. The density has been reduced by two-thirds from the original proposal. Mr. Colagreco stated that this most recent plan has been presented to Ken Battin, Building Official/Fire Marshal, and he gave a favorable review of this plan. Members were advised that they can satisfactorily comply with the items listed in McMahon Associates letter, dated May 23, 2014. Changes to the intersection timing at Route 30 and South Malin Road can be accomplished. A discussion ensued relative to the County Planning Commission review letter. The solicitor felt that they had not been given them credit for the revitalization. Ms. Woodman asked, if the two properties under agreement with the Benson Company, contained any contamination? She suggested that the applicant investigate Section 200-25.1 (A) which requires that the properties either will or have undergone remediation standards. To date, the Township has no “brownfield” notification on these two parcels. The applicant was advised the the surrounding community is interested in the status of the cleanup. Mr. Colagreco suggested that information be forward to the Township for incorporation on the website.

ACTION:

Mr. Laumer made a motion to recommend to the Board of Supervisors approval of the Zoning Ordinance Text and Map Amendments to creating a new RRD- Residential Revitalization District and applying this District in lieu of the current I-Industrial Zoning District designation on three parcels including the former

Bishop Tube property located on South Malin Road east of the Buckeye Tank Farm. The motion was seconded by Todd Asousa and the vote was unanimous.

Ok, so all this craziness mostly talks ONLY about HOW many units. From a couple hundred to over five hundred, to three hundred to two hundred and sixty four and apparently after last evening’s meeting oh goodie two hundred and thirty some odd units.

But where is everyone on where exactly is the remediation of this toxic site? As of April of this year (as in 2015 in case you read this post years from now), there is a Federal Law Suit filed that is NEW about this site. Filing a Federal suit (Bishop Tube et al 2015 litigation) is not something someone wakes up one morning and decides to do like putting on a blue shirt versus a pink dress. It is a little more complex and complicated is it not?

Oh and as pursuant to the resident remembering an evacuation in 1981:

1981 Bishop Tube Acid Spill

So where is the remediation?  I have been checking old HSCA Remedial Sites Listing and De-listing Dates on the web from the state and have NOT found any de-listing of Bishop Tube, so what is going on?

If this site is NOT completely remediated , why the cart before the horse scenario? Isn’t it a little bass ackwards to be discussing a development plan if a site is not completely cleaned up?  And is it true it can take decades to properly clean up a site like this because you never know when little pools of toxic goodness will bubble up? And can’t these chemicals get trapped between rocks and stuff and get released anew if moved?

In 2007 State Senator Andy Dinniman talked a good game on TCE, or Trichloroethylene (reference July 2007 newsletter item “Dinniman Gets Tough on TCE“), so where is he now? Where is he on the Bishop Tube site? What about State Representative Duane Milne?

Ok so what about the court/legal pissing match between Constitution Drive Partners LP and the PA DEP?

Excerpt:

Philadelphia (July 18, 2014, 5:09 PM ET) — A Pennsylvania court ruled Thursday that the owner of a contaminated tract of Chester County land could not appeal a Department of Environmental Protection letter ending an agreement in which the landowner agreed to take measures to rehabilitate the site in exchange for protection from liability.   

The Pennsylvania Environmental Hearing Board said that the letter the DEP sent to Constitution Drive Partners LP — which purchased the site of a former precious metals and steel processing facility in 2005 — was not appealable because the letter itself had no effect on the company…..When CDP bought the former Bishop Tube site in East Whiteland Township, it reached an agreement with DEP to take certain steps to remediate the existing soil and groundwater contamination, according to the opinion.

Then, in 2011, an independent contractor hired by CDP damaged piping and protective covering on a soil vapor extraction and air sparging system while conducting salvage operations on the site…..But in January, DEP sent the company the letter citing the 2011 damage and accusing the company of breaking the 2005 agreement…..CDP is represented by Jonathan Sperger and Lynn Rauch of Manko Gold Katcher & Fox LLP.

The DEP is represented by in-house counsel Anderson Lee Hartzell.

The case is Constitution Drive Partners LLC v. Commonwealth of Pennsylvania Department of Environmental Protection, case number 2014-019-M, in the Environmental Hearing Board.

So how  does the above affect this potential development?  And should there even been anything in the approval process of a municipality when remediation doesn’t appear to be complete and there is a Federal level law suit pending?

In 2007 the PA DEP out a press release which says in part:

DEP TO HOLD HEARING OUTLINING TREATMENTS FOR CHESTER COUNTY SITE CONTAMINATION

Public Invited to Comment on Plans for Bishop Tube Property

NORRISTOWN — The Department of Environmental Protection will hold a public hearing at 7 p.m. Tuesday, Jan. 30, to give residents the chance to comment on a proposal to address soil and groundwater contamination at the Bishop Tube site in East Whiteland Township, Chester County. The former industrial facility is being cleaned up under the Hazardous Sites Cleanup Act (HSCA), a 1988 law that authorizes DEP to investigate and clean up hazardous waste sites. “We have a unique opportunity at this site to partner with the current property owner to make sure that groundwater and contaminated soil can be treated simultaneously and efficiently,” DEP Southeast Regional Director Joseph A. Feola said. “We will present these plans at the Jan. 30 hearing for public comment.”

The site consists of a large area of contaminated groundwater associated with the former Bishop Tube Company. The company used, and most likely released, hazardous substances into the environment, including trichloroethylene (TCE), nitric acid, hydrofluoric acid and various heavy metals including nickel and chromium. TCE is of particular concern since it has been detected in groundwater on the former Bishop Tube property and in wells and springs off-site.

Although DEP activity on this site began in 1999, most recently, the agency has been concentrating its efforts on three distinct source areas of contaminated soil.

Last September, a DEP contractor installed monitoring wells to help determine the extent that contaminated groundwater from the Bishop Tube site is affecting the Little Valley Creek, part of the Exceptional Value Valley Creek Watershed.

From 1999 through 2006, DEP completed three phases of remedial investigation work at the site, mapping onsite soil contamination and conducting stream and sediment sampling while conducting groundwater investigation work. Within the last year, the agency has initiated a feasibility study to evaluate options for addressing the discharge of contaminated shallow groundwater to Little Valley Creek.

The 13.7-acre Bishop Tube property is currently owned by Constitution Drive Partners (CDP), who purchased the site in 2005 to redevelop it for commercial or light industrial use. As part of the site purchase agreement, CDP will finance the purchase and installation of equipment needed to remediate contaminated soils in the three source areas and work with DEP to address groundwater contamination issues. This will enable DEP to better coordinate cleanup actions with the developer’s plans to renovate the site for productive use.

So what happened? What is the latest? My research thus far that save development discussions as in how many units, will there be playing fields and so on I can’t find anything much over the past few years about where the clean up process is can you? Now yesterday on this contractor builder “smart bid” site I found an interesting drawing:
bishop tube site TCESo these are hot spots and contaminated areas that they know of? (And isn’t it amazing this project is being all put out for bid consideration like it is a done deal? Is it a “done deal”?)

Last night I heard a handful of residents attended the East Whiteland Planning Commission Meeting. Early reports of citizenry perspective can be summed up in one word: disappointment.  East Whiteland has a grave responsibility here don’t you think? Shouldn’t a plan with so many external balls in the air be tabled until things are settled? Like any litigation involving the site and site remediation being completed? What happens if they just close there eyes, hope for the best and approve without all of that stuff being taken care of? Litigation where the township could be added to, correct?

And a word to the wise to residents who think this plan doesn’t affect them: even if you don’t live in or around General Warren Village this affects you. Traffic, infrastructure, and costs associated with any future litigation over a site contaminated with toxic waste for starters, right? Couldn’t any potential township involved litigation related to this site be economically crippling to a municipality?

Residents in East Whiteland should stand with the residents of General Warren on this. Those people in General Warren have taken it on the chin with things like Cube Smart (and the stories of how some residents were treated are a little alarming, right?). The negatives thus far outweigh the positives of any development at Bishop Tube, don’t they?

And there is another thing to consider  – so once upon a time there was this moratorium on development in East Whiteland. See:

Fate Of Debated Building Moratorium Hinges On E. Whiteland Race

Posted: October 28, 1999

Town Eyes Construction Moratorium East Whiteland Would Take 18 Months To Develop A Comprehensive Plan. Some Say The Proposal Would Not Stand Up In Court.

Posted: February 23, 2000

East Whiteland has no regrets on moratorium Such measures were recently struck down. Still, the break from development was valuable, officials say.

Posted: July 05, 2001

Ok so this went all the way to the State Supreme Court. And it was struck down. Which isn’t any great surprise given things like, oh I don’t know…. the Municipalities Planning Code and whatnot?  At the time former supervisor Virginia McMichael was quoted as saying:

“We knew we were sticking our necks out a little bit, and people said we should wait to enact a moratorium,” Virginia McMichael, vice chairwoman of the East Whiteland supervisors, said recently.

“But by not waiting, we did have a year to work on our comprehensive plan without having to accept new plans, and that was helpful to us. Now, we’ve lost one of our arrows.”

The article continued:

The township’s 18-month moratorium was adopted in February 2000. It was suspended last July after the Zoning Hearing Board found it invalid because proper review procedures were not followed. Supervisors reinstated the moratorium in September.

On June 20, the state Supreme Court ruled that while a municipality can regulate land development, it cannot suspend it through moratoriums.

Eyes rolling. How much did Virginia’s Folly cost East Whiteland tax payers? We may never know, right? And the irony of this woman championing a moratorium on development back then and by the time she skeedaddled to  wherever she went after she stepped down she was a champion of development and do I have that straight?

Who says you can’t have it both ways?

So if you do the math starting with plans that started getting presented when McMichael was still supervisor to the present day how many living units are in the works for East Whiteland?  1200+?   1500+?   Or more?

East Whiteland is awash in a Where’s Waldo of development. But hey, since East Whiteland is working on another comprehensive plan maybe they should have a Groundhog Day and try another moratorium on development? (Kidding but if only it could happen, right?)

Look Bishop Tube is scary stuff. Why can’t they clean it up completely and get some sort of cleaned up certification from PA DEP or the EPA before proceeding on anything else? And why can’t East Whiteland ask for that?

And as far as development goes East Whiteland would be best served by taking a breath just because a developer decrees build it and they will come, it doesn’t make it so. Especially when you are talking about sites like Bishop Tube which have the distinct potential of becoming Silkwood meets Erin Brocavitch, right?

The bottom line here is we all have to care, all of us. We just have to.  Can we say  that lives and future lives depend upon it? Here is hoping in a strange collision of the universe that politicians and developers and municipal folk care about doing this one right.

Bishop Tube 20140908_Report_of_Findings Bishop Tube

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Bishop Tube Environmental Impact Assessment

Chester County Hazard Vulnerability Analysis July 2009

PRESENTATION ON HAZARDOUS SITES CLEANUP FUND REPUBLICAN POLICY COMMITTEE HEARING DECEMBER 6 2007

Bishop Tube Earth Engineering Report Letter

life today and our children

  

This photo (which has been shown publicly on NBC10 ) started making the rounds on social media locally almost two days before the Great Valley School  District released the following statement:

(NOTE: This is the text of email  sent out last evening by GVSD and parents are all starting to chatter about how it happened two days ago and GVSD is just sending this out:)

(Below is text of district email)


“This School Messenger is to inform you of an incident that occurred on our campus yesterday. I want to make sure you have accurate information and dispel any rumors you may have heard about the incident.

There was an altercation between two male students in our high school. A single punch was thrown and one of those students was seriously hurt. The student was taken to the hospital by ambulance and was in serious condition. Today, the student’s  condition has improved and he was receptive to a visit by Mr. Flick, our high school principal. Our prayers are with the student and his family.

The health and safety of our students and staff is our top priority. The proper procedures and protocol were followed as outlined by School Board Policy 218. To dispel some rumors that have emerged, this was not a gang related situation nor was it a group beating of an individual. 

We ask your support in the following ways:

•    Talk frequently with your children about what they are hearing and seeing on the news, at school or on social media. 

•    Discuss with them the seriousness of spreading rumors or false information.

•    Encourage them to report any suspicious activity to a trusted adult at school, or to you. You may call your school administration directly.  

In the true spirit of Great Valley, students and faculty raised $450 today for the family of the student.

If you have any further questions, please feel free to call my office or Mr. Flick at the High School. Thank you for your support and assistance in keeping our campus safe for everyone.”
Respectfully,

Dr. Alan J. Lonoconus
Superintendent of Schools
Great Valley School District



Ok. Deep breath.

This poor boy is 16. I am told that he and his family are new to this country? Is this how we, born of the land of the free, welcome new immigrants to our shores? Whose American Dream is this?

I find extraordinarily troublesome that Great Valley went around in circles and didn’t address this within hours of the incident happening. This is something that you need to as a district get out in front of . That gives the appearance of trying to deny this incident even happened for two days and this boy no matter how it happened could have died couldn’t he have?

On other Facebook pages there are parents talking about this quite a bit. Apparently this fight landed this boy into a coma and although he seems to be awake he’s on an oxygen tank and they’re waiting to see if there is brain damage and how would you like to be the mother? Sitting by your child’s bedside new to this country, and wondering what was going to happen?

Here is what NBC10 reported:

Chester County Teen Falls Into Coma After Punch in the Face Over Headphones

By Vince Lattanzio

….Selvin Cartagena was with a cousin and friend inside Great Valley High School around 8:30 a.m. Wednesday when the 17-year-old and his buddy got into an argument over headphones, the teen’s family said. The headphones, which belong to the friend, were supposedly damaged causing the argument.
Cartagena’s mother said the argument escalated to violence with her son being punched in the face. The boy fell unconscious after the assault and could not be waked. He was taken to Paoli Hospital and placed on a ventilator.

The teen, who arrived in the U.S. from Guatemala last year and speaks little English, remained in the coma until Thursday afternoon when he was able to open his eyes and talk some. It’s not clear if he suffered permanent brain damage.



I am hoping that a group like Latino Luncheon which meets in West Chester monthly will start a Go Fund Me page or something to raise funds for the family. This counts as a traumatic brain injury and as I have a friend who’s daughter is still recovering from one, I know that it takes a lot of therapy and a lot of doctors which equals a lot of money.

I think you can safely say that there are a lot of parents out there in the school district who are upset that this was kept from them for two days, then there are the other parents who were upset because they’ve been aware of this along with their children for two days and no action was taken immediately by the district publicly. And then (sadly) there are the parents who said what did eveyone expect from Great Valley School District. I totally understand that it might take a bit to get a proper statement out, but this should have been at least acknowledged to the families of the district more quickly.

Have they offered counseling at the high school? Can you imagine how upsetting this was for any teenager that witnessed it?


So the early media reports and parents say East Whiteland Police are investigating and so on? What does the Chester county District Attorney’s Office have to say about this? See that’s the other thing, there is another child involved – the one who I would say probably accidentally caused this. Unless it is proven that this other child has a history of fighting in school this is a horrible accident and how do we deal with that as a society?

If this was just a horrible accident, then I think we have to look to the mental health of the boy who threw  the punch. I would guess the child is horribly upset and he might be 16 but that  is still a child, so do you treat him like an adult or do you treat him like the kid that is? And how do you treat him? Do you get him into therapy and anger management or do you just lock kids up who do these things and throw away the key?  


I think you have to consider therapy and anger management and compassion all the way around. As a stepparent I can tell you I honestly would struggle with this if this happened to my child on either side of the incident. But as an adult I don’t want the lives of two kids ruined before they have lived their lives do you? 


Undoubtedly this is an isolated incident unless there are histories of fights going on in the high school that no one is aware of.  But that doesn’t mean as a community we shouldn’t discuss this and be proactive so it doesn’t happen again.

I am not a law-enforcement or educational professional so they will have to decide this. But I caution people that the court of public opinion is very important here. And have the responsibility as adults to show our kids the best paths in life possible. After all something like this could spark a stupid and  an ill advised  response from friends of these teens and their families so let’s come together and be proactive as a community, not reactive. Cool and thoughtful heads must prevail. 

So in my humble opinion that means you have to show them there are solutions to things in life other than using your fists or a weapon. And games and materialistic items shouldn’t have such a value that they translate into threatening human life. I don’t know how else to describe it. 

Violence only begets violence and somewhere along the way we have to hit the pause button as a society. And we also have to pay more attention, perhaps better attention to our kids. Being a teen or tween in today’s world is not easy. Emotions run high hormonally to begin with, setting any other influences aside.

I have been thinking about tweens and teens a lot recently. It wasn’t prompted by this incident it was prompted by the untimely death of a young woman who had battled depression and addiction issues. This girl had a family who was totally behind her recovery and supportive and yet the unthinkable happened. Then earlier this year there was the suicide  of the boy named Cayman.

It’s not easy being a kid today. I’m not saying it was all easy and no problems with any of us were growing up, but it seems today it’s a lot more intense for lack of a better description.

I see a lot of programs out there for very little kids to teach them not to bully and how to get along and how to talk to people, but once the kids hit tween and teen years I don’t hear about these things as much.  

Look I have a teenager I know it is like banging your head against the wall some days. They aren’t necessarily communicative and they think they know everything. But they don’t know everything and neither do we.  But we are all on this bus called life together, and I think we all need to make more of an effort to figure it out. 

And I think we need to do a little more than the school district (Great Valley) has done thus far. Like it or not I think there need to be more programs in the schools, and sponsored by school districts, churches, YMCAS and so on.  

Call them teen summits or whatever you want, but the organizations that have the ability to put these programs together with mental health professionals, law-enforcement, and someone need to get on the ball around here. And parents and kids should be required to go.  We need to facilitate more community conversations on this. We need to make sure that our kids have safe places to go to discuss problems. Maybe local PTAs and school booster associations could turn the focus to something like this. To me it has more value than pom-poms and  school spirit buttons.

From fist fights to cyber bullying to depression, additction, abuse, we need to talk about it and deal with it. TOGETHER.

If any go fund me or similar pages pop-up to help this boy and his family with his upcoming medical costs please feel free to leave the link in a comment below this post.

Thanks for stopping by and stay cool today it’s hot out there.

being christian at christmas

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How some people define the spirit of the Christmas season in West Vincent baffles me.

Please see below as another one of those nasty and pathetic missives is making the rounds. I was told this was found on a Ludwig’s Village community bulletin board.

West Vincent is such a beautiful place, but it’s like it has a rotten core, doesn’t it? This is unfortunately still a place with a handful of pious hypocrites who claim to “love thy neighbor” yet do things like this and isn’t that terrible? These people give the really nice people who live in this Chester County community a bad name and I think that is truly awful don’t you?

Being a Christian isn’t faux piety, it’s actually living what you preach. A lot of these people preach a good game, but are some of them really good neighbors? My opinion is the answer is a resounding no. Normal, emotionally healthy people do not do things like this to other people.

One day those of you who do things like this to your neighbors will find yourselves in a time of trouble. Will people lift a hand to help you? Or will they say “we’ve had enough of those bullies” and turn their backs?

People who do things like this during the most holy season of the year are held in the highest contempt by me.

Also it may appear contradictory, but I do actually pity these people for their meanness. They are missing out on so much in life by hating.

This man who is being victimized has run good and honest businesses for years. He and his wife are the kind of people that would give you the shirt off their back no matter what you had done to them. They are truly good people. I am proud to call them friends. We have used him professionally in addition.

If I were in this gentleman’s shoes, I would take all these missives to law enforcement. And a TV station or two.

I don’t know why it is that some people are not content unless they make other people unhappy. They should be ashamed of themselves. The sad thing is, I know they are not. However I believe karma is a very, very real thing. Everything that goes around eventually comes back around.

To the rest of you I say it is Christmas, so if you see one of these missives floating around West Vincent pull it down and give it to the police and tell them where exactly you found it and what day and what time.

It is time for this to stop.

If you know the people who are doing these things, it’s time to stand up and tell them to stop. Or call them out publicly. (Cowards like this hate having a light shined on them even if they secretly crave the attention.)

Christmas is but a few days away. Let’s get back to the real reason for the season, shall we?

Thanks for stopping by today.

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contrasts

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Yesterday was a study in contrasts. Started out my morning in Chester County, and headed up to New York City for the day.

New York City in October is very alive and bustling. A cacophony of sights and sounds and smells. I worked in New York for a few years when I was younger and fall and spring were my favorite seasons. It is such a contrast now to go from the quiet of Chester County to the very definition of urban.

From the east side to the west side, New York City is a sea of constant motion…and taxi cabs. It’s beeping and honking and massive waves of people bustling across giant intersections.

It is one of my favorite places to take photos, but yesterday there wasn’t time for that. I appreciate the beauty and the urban canyons of Manhattan, but I truly am a Chester County person now….I love getting back to the trees and fields.

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From New York City it was back to Ardmore for the last First Friday Main Line. The event was the Happy Howl O’Ween dress up your dog contest.

Since 2006 First Friday Main Line has been there to bring art and music to every day life ; bringing local artists, musicians, and small businesses together. Inspired by the Old City (Philadelphia) First Friday, First Friday Main Line has had people discovering art in unexpected places.

Because Ardmore doesn’t really have gallery spaces, the art and music were tucked in alleys, store fronts, restaurants and on the street. All of this was done by Executive Director and Ardmore business owner and resident, Sherry Tillman. These were never Lower Merion Township as in municipal sponsored events. Many municipalities are deeply involved in the First Friday celebrations of their communities, but the extent of Lower Merion’s involvement was basically collecting permit fees.

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First Friday Main Line was something I was deeply involved in until the spring of 2013. I did the publicity and event photography and it was an amazing ride, including a Congressional Commendation in 2010 for our Operation Angel Wings initiative.

But change is inevitable. Sherry called me a couple of months ago to let me know she was putting First Friday on hiatus. I had stopped actively participating because of my move to Chester County and new life here. I was sad to hear her news, but understood. She wanted to focus on different kinds of art events and get back to creating on her own. Sherry is an artist in her own right.

Coming back to the last First Friday Main Line was a bittersweet, yet sentimental journey. I had spent so much time in Ardmore between First Friday Main Line and the community activism I was part of a few years ago. (Lower Merion Township had once to seize part of the historic business district via eminent domain for private gain.)

Coming back to the area I once called home is now like being a stranger in a strange land. What once was home, is now just a place I used to live. The contrast was very pronounced to me this visit. I loved seeing all the old and in many cases beloved familiar faces, but I see everything now through different eyes in a thanks for the memories kind of way. I no longer belong to these old places, I belong to Chester County.

Part of the contrast which was sad to see is just well, how grungy and almost worn around the edges Lower Merion Township seems to look. And that isn’t just the business districts. When I was a kid Lower Merion really was a beautiful place to live. Now it is just an expensive place to live, which is not the same thing.

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What I observed was a lot of the sense of community and neighborliness no longer seems to be self evident. A lot of strangers bustling by, and I wonder are there still people stepping up to foster a true sense of community? Or maybe it’s no longer that kind of place?

I have to be honest I do not miss the congestion and traffic of the Main Line nor do I miss the constant development. I felt really old passing by locations where I remember the house and the people who lived there, only now planted on those spots were condos and McMansions and such. All of what replaced what was in these spots are built out to the last possible inch with no real attempt at human scale let alone compatible style. In fact, no real style at all, these projects between Wayne and Ardmore scream nothing more than “new”. Sad.

Down the street from where my parents used to live, I read recently about a house which has a property which is now the subject of potential development. I knew it as the Woodruff House.. The super family which once lived there is long gone and sadly mostly passed away. Realistically, the development will probably happen. There is no zoning and planning to prevent it even if it is a ridiculous and vastly inappropriate spot for infill development.

But it has been almost 40 years at this point since Lower Merion Township had a comprehensive plan update, and the lack of planning is showing. What worries me about what is happening on the Main Line is the same developers snapping up whatever they can there are also in Chester County.

Take Downingtown, as in the borough. If they don’t watch it, they will make the same mistake that Malvern Borough did with Eli Kahn and Eastside Flats, which should really be seen from the rear too. An article appeared in the Philadelphia Inquirer recently:

Archdiocese sells Delco property, 2 others for $56.2M By Harold Brubaker, Inquirer Staff Writer POSTED: October 04, 2014

Yep, Eli Kahn.again….Eastside Flats which still look vastly out of place in Malvern and unfinished although they are finished and the project is for sale (See Philadelphia Business Journal, July 2, 2014) .

And remember that very telling Patch article a couple years ago that told a very different tale of how much money Malvern Borough would actually make off of this project?

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$60,000: East King Revitalization’s Impact on the Borough The new apartments and businesses won’t be a windfall for the borough. By Pete Kennedy (Open Post) Updated June 29, 2012 at 1:38 am

During a discussion…at….Malvern Borough Council, resident Joan Yeager asked a related question:

“Once the King Street project is completed, how much additional money is going to come into the borough? In taxes and all,” she said.

“Something in the neighborhood of $60,000 a year,” council president Woody Van Sciver said, citing a financial feasibility study done before the project was approved.

“That’s it?” Yeager replied, expecting a bigger payoff from the several new businesses and hundreds of new residents that will be moving to the east end of the borough.

Downingtown can afford a development misstep even less than Malvern Borough. And I love Malvern, but if there is some benefit to having that Christ awful development once you get beyond having Christopher’s there and Kimberton Whole Foods moving in, I haven’t seen it. And the development looks like giant Lego buildings (with about as much finesse) plunked down in Lilliput.

There are a lot of empty store fronts in Eastside Flats and the borough itself, and last time I was there to have lunch at Christopher’s there were cigarette butts all over the sidewalk in front of the nail salon. Of course I also wondered why such “high end” and new real estate could only get a nail salon? And have you ever see Eastside Flats from the rear? It shows it’s backside to a lot of Malvern residents over the tracks and wow, a little landscaping might help. But do developers like this care about the existing residents?

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My travels yesterday merely reaffirmed the true contrast between urban, suburban, and Chester County. And suburban doesn’t have to and shouldn’t be the mini-me to urban, and well for us out here in Chester County, we shouldn’t want developers to spin their tales of the Emperor’s New Clothes out here and give us the awkward new urbanism fairy tale or hybrid cross of what they are shoe horning in everywhere else. Maybe that is NIMBY (not in my back yard) of me, but heck I have lived with bad projects and bad planning in my back yard–it’s one of the things I was happy to leave behind on the Main Line when I moved to Chester County.

I still believe Chester County is incredibly vulnerable to these projects, and these tiny towns and boroughs need to think carefully before jumping to the extremes of these very dense developments. Places grow and evolve and not all development is bad, but there is just way too much of it. The pace needs to slow.

The open space and gracious rolling farm lands,fields, and forests which make up Chester County are worth preserving. So is the way of life which accompanies it. Thanks for stopping by today. I know this post has rambled along, and when I started out with my original thought of contrast I wasn’t quite sure where this post would lead me.

Enjoy the beautiful day!

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heightened awareness

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This post has nothing to do with Chester County, per se.  It is just one of those things that makes me think. It made me think of a girl who once lived in Bryn Mawr. A girl who was raped and murdered in her dorm room at prestigious Lehigh University in 1986.  Jeanne Clery.

At the time, it shocked everyone who heard about this even if you had never met the girl. She was the same age give or take a year as my own sister who attended another not so far away prestigious Pennsylvania college. This girl was also but a few years younger than I was and was from the same area I grew up in: the Main Line. You just don’t think about nice Main Line girls from Main Line prep schools going away to college and getting raped and murdered do you? Especially at schools like Lehigh, right?

The story of Jeanne Clery galvanized the greater Philadelphia area and the country.  Eventually, on July 22, 1988, the murderer of Jeanne Clery was sentenced to death after being convicted of her murder.

In the years which have followed, Jeanne Clery’s parents Howard and Constance Clery have devoted their lives to campus safety. As People Magazine wrote at the time:

During the trial, he and his wife learned about the lapses in security at Lehigh, and shortly after the verdict was announced, they filed a $25 million suit against the college for negligence. It was to be the first round in a campaign that would touch state legislatures, colleges and concerned parents across the country. The Clerys had lost a daughter, but the loss ignited a cause.

The suit was settled out of court (the family is prohibited from disclosing the amount), but the Clerys were not ready to close the book. They used the cash, as well as their own money, to launch Security on Campus, Inc., a nonprofit clearing house for information and advice. They began lobbying state lawmakers for statutes requiring colleges to publicize their crime statistics—not a detail generally found in cheery recruitment brochures—and in May 1988, Pennsylvania Gov. Robert Casey signed the first such bill mandating that all state colleges and universities publish three-year campus-crime reports. In addition, schools are required to have clear policies regarding alcohol and drug consumption on campus. Three more states have followed Pennsylvania’s lead, 21 others have statutes in the works, and the Clerys have already begun campaigning for a federal bill as well.

It is because of the perseverance of the Clery family that the Jeanne Clery Act came to be. As per The Clery Center for Security on Campus: 

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 USC § 1092(f)) is the landmark federal law, originally known as the Campus Security Act, that requires colleges and universities across the United States to disclose information about crime on and around their campuses. The law is tied to an institution’s participation in federal student financial aid programs and it applies to most institutions of higher education both public and private. The Act is enforced by the United States Department of Education.

The law was amended in 1992 to add a requirement that schools afford the victims of campus sexual assault certain basic rights, and was amended again in 1998 to expand the reporting requirements. The 1998 amendments also formally named the law in memory of Jeanne Clery. Subsequent amendments in 2000 and 2008 added provisions dealing with registered sex offender notification and campus emergency response. The 2008 amendments also added a provision to protect crime victims, “whistleblowers”, and others from retaliation.

What made me think of Jeanne Clery and all her family has accomplished after all of these years? Two disturbing stories of sexual assault on college campuses.  One from May 2014 in Philadelphia Magazine about Swarthmore College and a recent front page story in The New York Times on Hobart and William Smith Colleges.

Excerpts:

Rape Happens Here PHILADELPHIA MAGAZINE

For 150 years, leafy, progressive Swarthmore College tried to resolve student conflicts in the best Quaker tradition — peacefully and constructively. Then came 91 complaints of sexual misconduct. In a single year.

BY SIMON VAN ZUYLEN-WOOD | APRIL 24, 2014

In the early 1980s, staff members in one of Swarthmore’s libraries began hanging reams of white computer paper in the bathroom stalls, which students would use to gossip about cute boys or gripe about homework. A few years ago, pieces of white paper of a different sort began appearing in campus bathrooms. They’re printed up by the administration and emblazoned with the words SEXUAL ASSAULT RESOURCES…

….ON APRIL 25, 2013, Swarthmore sophomores Hope Brinn and Mia Ferguson stood on Independence Mall in Philadelphia and told assembled media that the college had badly mishandled claims of sexual assault; in response, they were bringing a Title IX complaint to the federal government. This was just days after the duo filed a separate Clery Act complaint alleging that Swarthmore had systematically underreported such incidents. The complaints were part of a larger strategy — they later met with high-profile attorney Gloria Allred — in which Brinn, Ferguson and a couple dozen co-complainants aimed to use their personal stories to shame and ultimately reform their college.

Ferguson, from Brookline, Massachusetts, wrote an op-ed, “Raped and Betrayed,” for a student newspaper. Brinn, from Wilmington, Delaware, stood before the school’s board and told how she was sexually assaulted, stalked, and then met with “grave indifference” by the administration. ….

(in both publications, these are HUGE articles, click on the hyperlinks above each excerpt to read then in their entirety.)

The New York Times:

Reporting Rape, and Wishing She Hadn’t
How One College Handled a Sexual Assault Complaint
By WALT BOGDANICHJULY 12, 2014

GENEVA, N.Y. — She was 18 years old, a freshman, and had been on campus for just two weeks when one Saturday night last September her friends grew worried because she had been drinking and suddenly disappeared.

Around midnight, the missing girl texted a friend, saying she was frightened by a student she had met that evening. “Idk what to do,” she wrote. “I’m scared.” When she did not answer a call, the friend began searching for her.

In the early-morning hours on the campus of Hobart and William Smith Colleges in central New York, the friend said, he found her — bent over a pool table as a football player appeared to be sexually assaulting her from behind in a darkened dance hall with six or seven people watching and laughing. Some had their cellphones out, apparently taking pictures, he said.

For women to report sexual assault at any age is traumatizing.  Read articles about the topic and you learn the common denominator: victims are often victimized again through any judicial process. But what we are talking about here is on college and university campuses. Which in my mind is always geared first to protect the school and administration.

So as far as we have come in this country with things like the Clery Act and heightened awareness on the topic, it seems like many colleges and universities are still treating issues like this poorly if not sweeping them under the carpet? Remember the 2007 front page stories of the Villanova football players accused of raping a girl in her dorm room? Remember but a few days later the victim halted the rape case?

The Philadelphia Inquirer at the time reported on it and said in a July 27, 2007 article: 

A Villanova University student who told the school that she had been raped by three incoming freshman football players, who have since been kicked out of school, does not want to press charges, Radnor police said yesterday…..Villanova’s department of public safety does not have arrest powers, he said. Radnor police are working with the District Attorney’s Office to clarify Villanova’s obligation to report allegations of serious crimes, he said….Villanova’s handling of the matter “seems pretty speedy,” she said.

The Swarthmore College article by Philadelphia Magazine and the New York Times article on Hobart William Smith has ignited this topic once again.

In 1986 I was much younger and what happened to Jeanne Clery was seen from the scary perspective of that girl was my sister’s age and only a few years younger than me.  The recent Philadelphia Magazine article and New York Times article hits me as an adult who not only had friends that attended both of those schools but have friends who have kids of their own or nieces and nephews and even grand children at these schools today.

The Hobart and William Smith article in the New York Times was very hard for me to read. I remember going there back in the day to visit friends from high school and I remember how much my friends loved the school.  I remember how terrific I thought the school was and how pretty the campus was.  And now, decades later, these same friends, male and female are horrified by the New York Times article.

So is this a case of everything that is old is new again? Even as far as we have come with raising awareness on college campuses and laws on the books about how and what campuses must report and so on, are we still dealing in the murky waters of reality versus the veritable machines that are colleges and universities?  After all, negative little things like crime can really hurt the old ratings, rankings, grants, and donations right?

But as a newish parent person  now I have to ask, would you rather deal with a school that tells the truth and acknowledges issues or covers it up and makes everything seem all ivy walled and bucolic with Skip and Sissy walking down a brick lined path to class holding hands?

As someone who was a young adult when Jeanne Clery was murdered I think I would rather have the truth, please.  After all, for what parents fork over in tuition, don’t they deserve the truth? And our kids, don’t they deserve the truth and don’t you want them to feel and be safe, especially if they have to report something heinous like an assault?

Anyway, this made me think about this topic again, and I guess I just don’t get these schools.  I get they want to protect their hallowed halls but the truth shall set them free, right? It makes me wonder how honest schools around this country are with their Clery Act reporting.

Also worth reading? A great piece on the topic in Slate.

Excerpt:

Slate: New York Times Reports Another Campus Sexual Assault Horror Story. Now We Need the Data.
By Emily Bazelon

Can universities handle their role as independent investigators and adjudicators of sexual assault? You may conclude that the answer is no after you read Walt Bogdanich’s big story in the New York Times about the aftermath of an alleged assault at Hobart and William Smith Colleges in New York. It’s called “Reporting Rape, and Wishing She Hadn’t” because from the point of view of Anna, the student who says she was victimized, her school did almost everything wrong….What a disappointing, dismaying mess. And yet, I’m not ready to give up on the whole university adjudication system. People ask me all the time why universities have any responsibility for dealing with rape accusations in the first place. These are serious allegations. Shouldn’t they be in the hands of police, prosecutors, and judges? The answer is that there are supposed to be two parallel tracks. It’s not either/or. In passing and enforcing Title IX, the federal law that’s a shield against sex discrimination in an educational setting, Congress gave schools an independent obligation to investigate allegations of sexual assault and harassment. That doesn’t mean that there shouldn’t also be a police investigation.

Then of course there is the rather predictable I-really-didn’t- beat-my-spouse response in the New York Times from Hobart and William Smith’s Chairwoman of the Board of Trustees:

Re “Reporting Rape, and Wishing She Hadn’t” (front page, July 13):

The Hobart and William Smith Colleges community is heartbroken by our student’s experience, and we deeply regret the pain she has suffered. Her experience does not reflect the environment, values and traditions we have built and maintained for nearly two centuries at Hobart and William Smith. As an alumna, a proud mother of a daughter who graduated from HWS, and chairwoman of the board of trustees, I write with a heavy heart.

Like all colleges and universities, HWS is challenged to ensure that we are meeting the demands of a shifting legal landscape — especially in the area of sexual assault — as we also work to meet the needs of students while fostering a safer and more collegial learning environment.

We welcome the conversation about whether higher education should even have a role in adjudicating cases like this one. However, until federal law changes, we are required to carry out internal investigations and adjudicate cases based on the preponderance of evidence standard, as we did in this case.

….MAUREEN COLLINS ZUPAN
Chairwoman, Board of Trustees
Hobart and William Smith Colleges
Geneva, N.Y., July 15, 2014

There are more letters underneath that one, but that was enough to share. I hate to say it but it seems that Maureen Collins Zupan has more empathy for a Somalian refugee that was cleaning her office ladies room in September 2011, than she does for women on the college campus of Hobart and William Smith Colleges?

She wrote about that Somalian woman:

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In all fairness I wouldn’t want to be president of the board of trustees of this school right now for all the tea in China, and perhaps her response was in part crafted by the college’s spin doctors and image consultants?  It’s not as if all she was saying is wrong, to me it was kind of sort of HOW she said it. She calls herself a feminist, mother, daughter, and so on.  I have never met a true feminist yet who would sit still for something like this do you?

Also worth reading? A June 10th essay in The Atlantic.

All She Said Was No
A dangerous misunderstanding of sexual assault
JAMES HAMBLINJUN 10 2014, 1:35 PM

Pulitzer Prize-winning columnist George Will wrote in The Washington Post on Sunday that being sexually assaulted has become “a coveted status that confers privileges” such that “victims proliferate.” His remarks hit at the core of the misunderstanding and denial that condone sexual assault in its most common form:

Consider the supposed campus epidemic of rape, a.k.a. “sexual assault.” Herewith, a Philadelphia magazine report about Swarthmore College, where in 2013 a student “was in her room with a guy with whom she’d been hooking up for three months”…Six weeks later, the woman reported that she had been raped.Now the Obama administration is riding to the rescue of “sexual assault” victims. It vows to excavate equities from the ambiguities of the hookup culture, this cocktail of hormones, alcohol, and the faux sophistication of today’s prolonged adolescence of especially privileged young adults.

That Swarthmore vignette is sexual assault—not “sexual assault.” Most sexual assault is perpetrated by an acquaintance, not a masked man in the bushes with a knife, and its definition hinges not on physical force but absence of consent. This is a quintessential example of the shape sexual assault takes when it goes unreported and unpunished. Apart from editorial missteps like using skeptical quotes around sexual assault, and accusing an entire generation of faux sophistication while using “herewith” in a thoughtless take on a critical public-health issue, citing the Philadelphia rape story is fraught in that its resonating importance comes in the paragraphs just after Will stops quoting it.

….According to a report today from the U.S. Department of Education, the number of sexual assaults reported on college campuses increased by 50 percent between 2001 and 2011—from 2,200 to 3,300 cases. That’s actually more heartening than disconcerting, in that it’s unlikely that sexual assault increased by that much; rather, more victims are coming forward. They come forward when they don’t feel they’ll be blamed for being raped, dismissed as drunken sluts, and when there are appropriate outlets for reporting and justice. But it’s still underreported and underpunished, thus condoned.

James Hamblin makes a whole lot of sense.  The US Department of Education and US Department of Justice report can be found by clicking on this link here.

We can’t and shouldn’t helicopter parent  and can’t wrap them away from the world in cotton wool, but kids should not only learn quite clearly that no isn’t necessarily a negotiation and should mean NO, but they should be as safe as humanly possibly on college campuses.

Remember Jeanne Clery.

Thanks for stopping by.

so sunoco isn’t sleazy and sunoco isn’t sunoco?

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We just celebrated the 4th of July which celebrates our freedoms in this country and apparently Sunoco officials don’t care for free speech and freedom of opinion? And maybe they don’t like that eminent domain word but what did they expect when they went to the Public Utility Commission to try to get around local zoning? Seriously?

There is this new article in the Inquirer about SuNOco, and apparently SuNOco isn’t SuNOco and isn’t sleazy? So is this pipeline is a mirage then? Are we imagining all the road disruptions and closures and all the public meetings are really the meeting of the quilting society or something?

I am very confused.

A rose by any other name and all that?
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Apparently SuNOco’s public image is taking a beating? Does that mean their retail business is feeling a pipeline pinch?

It is up to personal choice if Chester County and other Pennsylvania residents choose to patronize other gas stations, right? We don’t live in a communist or otherwise single state run country where we have no choice as to where we buy gas, do we? Did they ever consider in addition to image issues that a good percentage of the time their gas is also just more expensive than other gas retailers?

So now will SuNOco that isn’t really SuNOco be buzzing around changing the corporate branding on their pipeline property sites like the sign seen every day at a crossroads in Upper Uwchlan? And what of the Sunoco Logistics website with the teeny tiny Sunoco logo we all know so well?

And while they are answering questions, what is it precisely they do with endangered wildlife when they find it (or more appropriately it is pointed out to them) ? Someone told me they were told the wildlife (like bog turtles and such) is moved someplace and then brought back to the habitat in which they were discovered? Is this true and how do they know which wildlife goes where down to the individual creature?

This Philadelphia Inquirer article today gives many the vision of a corporate shell game doesn’t it? And is the talking head of the split personality oil company the same guy who used to be an amazing reporter for the paper now making him the news?

So who is SuNOco? And if they want a better corporate image maybe they shouldn’t be trying to force feed Pennsylvania residents a pipeline? Could it be a lot of this petroleum posturing is that this just isn’t residents saying no? Could it be SuNOco is a little nervous that politicians from all over on both sides of the political aisle are starting to speak out too? Could they be nervous that the residents objecting are growing daily in numbers and esteemed environmentalists are taking their side?

Sorry SuNOco, sorry SuNOco PR team, people are unified about not wanting you in Chester County no matter what you call yourselves aren’t they? Welcome to a public relations hell of your own creation and seriously what did you think was going to happen? That everyone was just going to be o.k. with your taking people’s land and adding flare stacks in densely populated areas? Did you think a county that has a large percentage of residents on wells wouldn’t be concerned about pipelines and so on? Maybe you have a friend in Governor Corbett but not everyone else is feeling so chummy?

Great article Philadelphia Inquirer!

Philadelphia Inquirer: Sunoco fights connection to pipeline firm
By Andrew Maykuth, Inquirer Staff Writer
POSTED: July 06, 2014

20140707-110547-39947204.jpgSelect photos in this collage are courtesy of public photos of Just The Facts Please on Facebook of which this blog is not a spokesperson or representative, just a fan.

rose smoothie

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Bet the title got your attention, huh? Well this smoothie isn’t for people…it’s for rose bushes.

Yes, as in plants.

I have mentioned that banana peels are awesome junk food for roses. I told you I save my peels and just stash them in a plastic bag in the freezer until I need to feed the roses. Well, since my bushes have had their first blooms and one bush got beaten up by the roofers I decided today was the day.

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I used to dig the peels in around the base of each bush, but given the critter population living with woods and farmers’ fields I have developed a rose smoothie which I dig in around the base with a small spade I use to transplant seedlings.

The formula for the smoothie is I rough chop the peels and toss into the blender with whatever spent coffee grounds I have on hand and a couple of cups or so of very warm tap water. (I never drink flavored coffee and I would never recommend using artificially flavored coffee grounds. I don’t know how the artificial flavor chemicals would affect the plants.)

20140619-141544-51344382.jpgThe consistency of this smoothie for rose bushes should be on the thick side , but pourable. I don’t take my blended outside I pour the goop into a plastic pitcher. I then go around to each bush and dig a few ounces in around the base of each bush. I have a standard sized blender and only a few rose bushes right now, so one batch of rose smoothie is all I need every time I do this.

I will feed my roses this concoction every two weeks until Labor Day.

Now, I know people have this banana peel magic out on the Internet, but I want to tell you specifically how I first learned about this, which is easily twenty plus years ago thanks to a gardening article I read in the Wall Street Journal. Yes, the Wall Street Journal. Some of the best gardening articles I have ever read have been in the Wall Street Journal over the years.

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So in this article the writer was talking about caring for roses and mentioned banana peels. The writer cited as a source a book called Old Wives’ Lore for Gardeners by Maureen and Bridget Boland. The book was originally published in the 1970s in the United Kingdom but you can still find gently used copies on Amazon.com today. . I have the book and the companion book Gardeners’ Magic and Other Old Wives Lore by Bridget Boland.

Banana peels add calcium, magnesium, phosphates, silica, sulphur, and potassium. Spent (or used) coffee grounds are rich in similar nutrients (nitrogen, potassium, calcium, phosphorus, and magnesium).

Anyway, if you grow roses, try this. And if you like fun vintage gardening books, find yourself a copy of Old Wives’ Lore for Gardeners.

Food for thought as I leave you for the day: do you miss the real gardening shows that used to be on television ? There used to be real gardening shows where hosts including Martha Stewart used to get out and dig flower beds, discuss plants, and so on. They would share tips. Today all it is all hardscaping , fake pre-cast pavers, and outdoor kitchens as far as the shows. No real horticulture. I miss the real gardening shows.

Thanks for stopping by!

they don’t make women like that anymore

20140415-153600.jpgSouth Philadelphia, July, 1935. My father is the little baby in everyone’s arms, and at that point less than a month old

Chester County is home to many cool artists, writers, filmmakers, and so on. One of my favorite contemporary authors is Lisa Scottoline. She calls Malvern home base.

I was drawn to Lisa’s books initially for the Philadelphia-area settings. But my affinity grew with the characters in her books who lived in the little neighborhoods in South Philadelphia like the one where my great aunts, Millie and Josie lived once upon a time. A lot of Lisa’s books had characters based in a way on her life experience and once she became a columnist for The Philadelphia Inquirer, some of what she wrote was also based on her mother, Mary Scottoline.

I do not know Lisa Scottoline. I have met her at book signings over the years, including ones set up by my mother way back when she started to write. But her little nuggets of what can only be described as “growing-up Italian” have made me laugh, made me smile, and sometimes just shake my head over the years. Probably because I am half-Italian.

Lisa Scottoline fans learned via her author Facebook page that her mother, (known to readers as “Mother Mary”) passed away on April 13th, or Palm Sunday. I hate to say that is so Italian, but it’s so Italian. And I don’t mean that disrespectfully, it just to me, IS.

Here is an excerpt of Lisa Scottoline’s recent column:

Chick Wit: Mother Mary, down but never out By Lisa Scottoline, Inquirer Columnist POSTED: April 14, 2014

I am very sorry to have to tell you that Mother Mary’s health has taken a dramatic and unexpected turn for the worse, so this won’t be a funny column.

Except for the fact that she is at her funniest when times are darkest.

She’s been newly diagnosed with advanced lung cancer, has moved up north with me, and has entered hospice care at my house.

I laughed and I cried when I read this column. It made me think once again of my great aunts who lived at 11th and Ritner. It also made me think of my father whom we saw through hospice at home too. It is a very intense time when a family member goes on hospice, but it isn’t all sad. It gives you some final and very lucky times with those you love.

Please read the entire column….especially if you come from peasant stock like me.

Today my friend Bonnie Cook wrote the obituary article on Mary Scottoline and here is an excerpt:

Mary Scottoline, 90, ‘Mother Mary’ to author Lisa Scottoline BONNIE L. COOK, INQUIRER STAFF WRITER POSTED: Tuesday, April 15, 2014, 1:08 AM

Mary Scottoline, 90, formerly of Bala Cynwyd, the hilarious, sometimes profane, larger-than-life maternal figure known to readers as “Mother Mary,” died Sunday, April 13, of lung cancer at the home of her daughter, Lisa, the author and Inquirer columnist.

“We are heartbroken to report that Mother Mary passed away at home this morning, though she was at peace and in the embrace of our love. We choose to remember her as here, making us laugh,” Lisa Scottoline said Monday on her Facebook page.

This is a very cool piece about a woman I wish I had known, but at the same time over the years I felt I knew on some level because I had a couple of these no nonsense yet completely amazing little old Italian ladies in my life, my great aunts.

Mary Scottoline, like my great aunts was a force of nature. She leapt off the pages written by her daughter and granddaughter. And every single time I smiled and thought of my great aunts.

My great aunts were also very opinionated and matter of fact. My Aunt Josie had been the working girl while her sister, my Aunt Millie kept house. Josie was the most direct of the two. She was the strong one, and my Aunt Millie was the softer of the two, more ladylike. Aunt Millie always had one small bottle of Coca Cola at 4p.m. every day unless she was watching her figure, and at those times she would skip it.

The aunts never married and as was the tradition, the unmarried siblings lived in the house they were born in. The other character in their life play on Ritner Street (who also never married but had a girlfriend) was PJ, my Uncle Pat (Pasquale). PJ was a gruff and lovable guy who sometimes terrified me as a little kid. He did not have a mean bone in his body, but he liked to tease his little great nieces in his big gruff voice. He also did cool stuff like make wine in the basement. PJ died when I was pretty little. I think it would have been neat to know him as I got older.

The great aunts would say things like “you kids”. As I got older I realized that meant everyone under about 60 years old.

When we stayed with them as little girls we went to early mass. As in it was still dark outside. Hence the famous family joke “it’s holier when it’s earlier.”

Millie and Josie taught me to make pasta. By feel, basically. A little of this, a little of that, and rolled out by hand on the huge ceramic topped kitchen table. (I often wonder if that table is still in my father’s sister’s garage. It was such a big table that no one has had a kitchen big enough to hold it as far as I know.) Millie and Josie’s kitchen always smelled of a combination of tomato sauce and coffee. I loved that table and all it’s drawers.

Oh and speaking of that kitchen table? Did any of you out there love the movie “Moonstruck“? Remember the scenes when they hustled everyone into the kitchen to talk at the kitchen table over coffee? I am sorry but those kitchen table scenes to me are hysterical because as a kid I remember all the grown-ups sitting around the kitchen table solving weighty world issues….over coffee. You could never have enough coffee no matter what time of day or night. And Lordy, it was all high octane strong coffee. No decaf there.

They also had a canning kitchen in the basement and I remember my aunts putting up tomatoes and pickling hot peppers and cucumbers and things when I was little. The produce came from my Aunt Rose and Uncle Carl’s garden in Collegeville. Collegeville was referred to as “the country” in those days. No developments back then, and they originally backed up to a farm with horses. (Of course today Collegeville is like one big development, but it didn’t use to be.) Aunt Rose was one of their two sisters who married. The other sister was my grandmother, Beatrice.

When we were really little girls, my sister and I often spent New Year’s Eve with our great aunts and their other little old Italian lady friends. I remember one’s name was Tomasina. We got to stay up with them as they watched Dick Clark and whomever on the little black and white television in the kitchen. They would all be clustered around the kitchen table. I think they played cards sometimes. And they gave us watered down anisette at midnight to toast the New Year with them. And did I remember to say the kids weren’t allowed to touch the television sets? We weren’t.

In the summers, the great aunts would sit on the front stoop with folding lawn chairs, and all the other ladies and their families up and down the block would come out as well to escape the heat of the large, but not air-conditioned at the time South Philadelphia row houses. The street was alive with the music of voices in Italian and English, a cacophony of sound.

All of these Italian ladies were opinionated. They said it as they felt it, and it just was. But they were also the most compassionate, smart, and loving women.

They don’t make ladies like this anymore. I am very lucky I had a few in my life, even for a while.

So Mother Mary Scottoline, I did not know you in the traditional sense, but did know you in another sense through my own personal experiences with my great aunts and their friends. If I had any anisette in the house, I would raise a toast to you, as reading about you over the years has helped me keep my memories of my great aunts alive.

To my readers, thanks for stopping by on this rainy day. Always remember what you are from, it is a part of who you are.