UPDATE: The Governor has issued Executive Directive #1 (pdf) on discrimination. From the accompanying email:

While the separation of powers doctrine precludes the Governor from changing the Virginia Human Rights Act via Executive Order, he wants to be clear that discrimination in state employment will not be tolerated.

Getting closer here.

And in case you missed it, Sen. Tommy Norment inserted language into a bill today that protects gays and lesbians from discrimination.

UPDATE 2: LG Bill Bolling also issued a statement.

UPDATE 3: From new DPVA executive director David Mills:

While we applaud the administrative gesture made by Governor McDonnell today, his non-binding statement of policy does little to protect Virginians from discrimination. The Governor is instituting half-measures necessitated by political crisis, and the time for these games is over.  We call on Governor McDonnell to definitively and permanently eliminate the threat that discrimination poses to the lives, jobs, and welfare of all Virginians.

Rather than play legal games, Governor McDonnell should just send down a bill that would ban discrimination on the basis of sexual orientation. Under Governors Warner and Kaine, Virginia became the best state for business by enacting the tolerant policies that attract world-class employers to our Commonwealth. No matter how many administrative gestures he makes, the fact remains that Bob McDonnell and his Ken Cuccinelli have rolled back protections against discrimination.

McKinley L. Price is a native of the city he seeks to serve, having graduated from Huntington High School. He did his undergraduate work at nearby Hampton Institute, now Hampton University. After a stint in the military, he earned his DDS from Howard University and shortly thereafter, returned home to practice.

Although he is a first-time candidate for office, Dr. Price is no stranger to public service. He served eight years on the appointed school board, two of those years as chairman. He also served on city council, having been appointed to fulfill the unexpired term of now Delegate Mamye BaCote. He was named Citizen of the Year in 2005 by the Daily Press, a recognition that garnered him this commending joint resolution in 2006.

Newport News has a ward system, in which the city is broken down into three areas: North, Central and South. Each of the wards has different issues. Price spoke candidly about the challenges of making Newport News “what it can be.”

“We have 24 elementary schools and only four gyms,” Price told me. He would like to see more gyms, that could be used by the schools during the day and by the communities after school. He said that the city has built large recreational centers, but some of the people who would like to use them often cannot: they lack transportation to the centers and the resources to pay to use them. Looking at Richmond, Price would like to see Newport News have smaller, community-based rec centers.

“The gang problem,” Price said, “is not a police problem; it’s a community problem.” Having rec centers in the community is only a part of what Price sees as addressing the issue of gangs in Newport News. He said there are some 64 gangs in the city, with about 2,000 documented members. It was quite clear to me that helping to solve the gang problem is a passion of Price’s. He spoke at length about who the gang members are: not at all who you might expect. Price said that some of the gang members are students with 3.0 averages, who join the gangs for survival. And he made the point that the gang problem is everyone’s problem, as the gang activity is not confined to one area of the city.

And that led us to a discussion about jobs, something at the forefront of nearly everyone’s minds these days. Price spoke of the need for job creation within the city. He talked about the workforce development partnership that exists between Thomas Nelson Community College and Canon. Price serves on the board at TNCC and previously served on the Virginia Economic Development Partnership, a position to which he was appointed by then-Governor Mark Warner. Newport News has an unemployment rate of 7.7% (December 2009), which, while lower than the national rate, exceeds that of the statewide rate. If elected, Price plans to pursue other such arrangements for Newport News.

Overall, my impression of Price is that he has the background to serve the diverse interests of the city well. His quick wit, combined with a good grasp of the issues and a commitment to listening to – and acting upon – citizen input make him a solid choice for mayor.

Dr. Price will be having a campaign kickoff this coming Saturday, March 13, at 1pm at the American Legion Post 368. The event is free and open to the public. More details can be found on this flier.

Tickets are $20 if purchased before April 1 and $25 thereafter.

Wright at McCain/Palin Rally - Virginian Pilot

… who needs enemies?

The photo at left shows Norfolk Councilman Randy Wright at a McCain/Palin rally. Sitting next to him is Pam Brown, the president of the Norfolk Republican Party, and, I’m told, one of the co-chairs of his campaign. In the blog post which accompanies the photo, Pilot writer Kerry Dougherty calls him “McAuliffe’s man.” But once McAuliffe lost the primary, Wright supported Republican Bob McDonnell.

From Sunday’s Compass, the Norfolk insert in The Virginian-Pilot:

Wright has been endorsed by every constitutional officer in the city

All of the constitutional officers in Norfolk call themselves Democrats.

Smigiel is a longtime Democrat with wide support in the party, yet Sen. Mark Warner, arguably the state’s most prominent Democrat, will host a fundraising event for Wright in Norfolk on March 19.

Tommy Smigiel has been working on campaigns since he was 15, including those of the current constitutional officers. He was a paid staffer on Mark Warner’s 2001 gubernatorial campaign.

I was about to call out the Norfolk City Democratic Committee for not endorsing one of their own, like the Newport News DC did when they endorsed in the mayoral race there. As it turns out, a close reading of the Virginia Democratic Party Plan (doc) shows that the section which deals with ousting of party members when they support another candidate (Sec. 10.8) only comes into play if the candidate is the party nominee. Most Hampton Roads localities prohibit, by city charter, partisan council elections, the result being that there are never any party nominees. This loophole needs to be closed. The Party Plan should treat endorsees just like nominees.

Yes, Smigiel has wide support in the Party, even if those at the top choose to support someone else. Smigiel has wide support – period – and with our help, will be victorious on May 4.  Help him out.

Now – does that video below make more sense?

Blades are long, clenched tight in their fist
Aimin’ straight at your back
And I don’t think they’ll miss

(What they do)
(They smile in your face)
All the time they want to take your place
The back stabbers (back stabbers)

Full lyrics

Tickets for the dinner are $150 and can be purchased here. A weekend pass, which includes the dinner and several other events throughout the weekend, is $250.

Lost in all of this is the reason they were elected in the first place: to represent us, not themselves, to the best of their ability.

With rare exceptions, it’s not about us.

Exhibit A:

Changes to ethics rules in the General Assembly, which seemed almost a sure thing in the wake of the scandal that felled Del. Phil Hamilton last year, now appear in doubt.

I learned of this yesterday after the vote. As the article points out, it was Norfolk’s Del. Kenny Alexander (D-89th) who moved to shelve fellow Norfolk Sen. Ralph Northam’s (D-6th) ethics reform bill. I understand that the move appeared orchestrated, with Del. Morgan Griffith (R-8th) quickly seconding Alexander’s motion. Further, I understand that others in the room, including Del. Ward Armstrong (D-10th), were stunned at the turn of events.

Alexander, chair of the Legislative Black Caucus, has been closely watched this session, particularly after he was named to the House Rules committee. His actions yesterday were not the first that have raised the eyebrows of his fellow Democrats. The LBC came out strongly against charter schools, yet Alexander did not vote on HB1390, one of the signature bills on the subject.

Has Alexander made one of those “unholy alliances” with Speaker Bill Howell?

~

UPDATE: I had a conversation Friday with Del. Alexander regarding the ethics bill. He assured me that the move was not orchestrated. He was mostly concerned about the questions that arose about some of the terms used in the bill, such as “sufficient,” that even the lawyers on the committee could not answer. As the result, he felt the bill should be carried over to next year’s session.

We also discussed the charter bill. Alexander told me that his voting button malfunctioned, which is why he was unable to cast a vote. He did vote against the bill in its final vote after having spoken against it on the floor.

~

Exhibit B:

Del. Tom Gear’s bill, HB664, which easily cleared the House, would have prohibited legislators or their law partners from taking jobs as commissioners of accounts – local officials who oversee the disposition of estates. Commissioners are appointed by circuit judges, who are appointed by the legislature.

That’s a conflict of interests, Gear argued before a special subcommittee of the Senate Courts of Justice Committee.

What was most disappointing about this bill being killed was the comments of the Senators:

“If the citizens don’t approve, they’ll take care of it,” Sen. Fred Quayle, R-Suffolk, told Gear as he moved to kill the bill.

Sen. Linda Puller, D-Fairfax County, agreed. “The system is working,” she said. “If the citizens don’t like what their legislators are doing, they can vote them out of office.”

Ah, the old ballot box.

Quick question: how many people know what a Commissioner of Accounts (COA) does? Heck, not even the writer of the article explained it well enough, as estates are not all that the COA deals with.

I can’t believe I’m agreeing with Del. Tommy Gear but he got it at least partly right: the good-old-boy network is alive and well, and not just in the Senate.

Since the guys went first this week, they went first for tonight’s elimination. John Park, who has a nice voice but seems to always pick the wrong song, was the first one to go. Joining him was Jermaine Sellers, who probably has one of the better voices but just did too much for people to understand his talent.

Vote for the Worst probably helped save the horrible Tim Urban for another week.

Michelle Delamour’s elimination was a bit of a surprise. She has the look and her voice was pretty good. VFTW couldn’t save Haeley Vaughn, though, who was finally eliminated.

With a few more eliminations (here’s looking at you, Tim,Todrick, Katelyn and Lacey), the show will definitely get better.

“We are pleased that the Deputy Commissioner has approved our plan to build a new Bon Secours DePaul,” said Peter J. Bernard, CEO, Bon Secours Virginia Health System. “As we plan for and look ahead to the new DePaul, Bon Secours will remain committed to growing our programs and services, and providing exceptional, personalized care.”

Public outrage, plus denial by the same state board, prompted the health care company to revise its plans to replacing the aging facility with a 64-bed hospital. It is good to see that the new plan has been accepted and I am looking forward to the 2014 completion of the hospital.

The full press release is below the fold.

Hampton Roads’ First Community Hospital Gains Approval to Become the Newest Bon Secours DePaul Medical Center Approved for New 124 Bed Hospital

Norfolk, Va. (March 04, 2010) – Bon Secours Virginia Health System announced today that the Virginia Deputy State Health Commissioner has issued a certificate of public need (COPN) to replace the existing Bon Secours DePaul Medical Center with a 124-bed, state-of-the-art, full-service hospital.

“We are pleased that the Deputy Commissioner has approved our plan to build a new Bon Secours DePaul,” said Peter J. Bernard, CEO, Bon Secours Virginia Health System. “As we plan for and look ahead to the new DePaul, Bon Secours will remain committed to growing our programs and services, and providing exceptional, personalized care.”

The COPN for the new DePaul authorizes:
•    124 acute-care beds which will include:
o    Intensive care unit
o    Obstetrical unit
o    Full-service emergency department
o    Operative suites
o    Advanced imaging center, to include MRI and CT
o    Cardiac catheterization
o    Radiation therapy services
o    Lithotripsy

Plans call for the new 300,000 square foot, $200 million facility to be located on the current hospital site at 150 Kingsley Lane in Norfolk; the COPN proposes completion in late 2014.   As the health system prepares for the opening, there will be opportunities for the community to support the building of a new DePaul with philanthropic efforts.

“Our vision for the new Bon Secours DePaul reflects what we have learned from the community, this is a real win for the people of Hampton Roads as well as for Bon Secours,” said Michael K. Kerner, CEO, Bon Secours Hampton Roads Health System.  “DePaul has nearly a 154-year long legacy of serving the region with passion and purpose.  A new hospital would enable us to continue this work for many years to come.”

DePaul, a 154-year Ministry to Hampton Roads
DePaul has been serving the people of Hampton Roads for nearly 154 years. The Hospital of St. Vincent DePaul, Norfolk’s first hospital open to the public, was incorporated by the Virginia legislature on March 3, 1856.  The eight-room hospital served 100 patients in its first year.  As the Daughters of Charity mission expanded, they added a clinic for the poor in 1892 and started a training school for nurses in 1893. In 1899, a fire nearly destroyed the hospital that had grown to 150 rooms; however, the hospital continued to operate out of other buildings and undamaged wings until the rebuilt, larger hospital opened in 1901.  In 1944, a 259-bed hospital was established at 150 Kingsley Lane and renamed DePaul Hospital.

The 1960s were years of significant technological and medical advances in inpatient care, diagnoses, and treatment.  During this period, DePaul Hospital recorded many medical achievements.  The area’s first intensive care and coronary units opened at the hospital in the early 1960’s.  The first microvascular flap in the United States was performed at DePaul Hospital and it was the setting for the Hampton Roads first ankle replacement.

By the 1970’s, DePaul Medical Center had established itself as a state-of-the-art 366-bed full-service hospital, providing a comprehensive array of inpatient and ambulatory diagnostic and treatment services.

In 1996, the sponsorship of DePaul Medical Center was transferred to the Sisters of Bon Secours to ensure that the mission of the Daughters of Charity could continue.  With the transfer to the Bon Secours Health System, the facility was renamed Bon Secours DePaul Medical Center.

Bon Secours DePaul continued to change to serve the community.  In 2000, the medical center converted 24 medical surgical beds to develop the Transitional Care Center and delicensed 104 acute care beds to become a 238-bed medical center.

In 2005, Bon Secours DePaul Medical Center continued to make its mark in medical care.  Neurosurgeon Grant Skidmore, MD, performed Hampton Roads first and the nation’s second X-stop procedure for spinal stenosis.

Bon Secours Health System began the application process for 124-bed replacement hospital in late 2008.  Since that time, Bon Secours has continued to invest in programs and services at DePaul to better serve the community.  These improvements have included the opening of the renovated Emergency Department with a 30-minute service guarantee in early 2009.

Also in 2009, the medical center opened a renovated 25-bed cardiovascular inpatient unit and a seven-bed interventional care unit (IVCU) for cardiac catheterization and interventional cardiac care patients.

Site preparations and planning for the campus improvements began in December 2009.
Groundbreaking for a new medical office building on the campus is anticipated in 2010.

About Bon Secours Virginia Health System Bon Secours Virginia Health System (BSV), the fourth largest and only faith-based health system in Virginia, is comprised of Bon Secours Richmond and Bon Secours Hampton Roads. BSV includes seven award-winning hospitals; four in Richmond and three in Hampton Roads. Bon Secours brings together a network of hospitals, primary care practices, ambulatory care sites and continuing care facilities to provide quality health care services to thousands of Virginians. The not-for-profit Catholic health system employs nearly 11,000 people.  Bon Secours Virginia hospitals offer a full-range of services including cardiac, women’s, children’s, orthopaedics, oncology, neurosciences, surgery. Bon Secours Virginia is the only system of hospitals in Virginia that guarantees patients service within 30-minutes of entering one of its Emergency Departments.

1. Nonpartisan redistricting
2. Payday lending reform
3. Real estate tax relief
4. Restoring felons right to vote
5. Verifiable voting

Throughout the 2008 session, I followed all the bills related to these topics. At the end, while there were some minor victories, mainly in the area of verifiable voting, my agenda was defeated. Late last year, someone asked me if I was going to put out an agenda for this session. I said no.

The reason I didn’t put out an agenda this year is simple: what was important to me for the 2008 session remained the same in 2010. And while there were numerous bills on most of these topics during this soon-to-be-completed legislative session, the results are the same.

No to nonpartisan or bipartisan redistricting. Once again, an early morning meeting of a House subcommittee killed this and the electeds will continue to choose their constituents rather than the other way around.

No to payday lending reform. Too many legislators feed at the trough of payday lenders to re-regulate these guys.

No to real estate tax relief. Heck, this one hasn’t even been broached since 2008.

No to restoring felons right to vote. Period.

No to verifiable voting. You can have a paper trail for your ATM but not for your votes.

The definition of insanity is doing the same thing over and over and expecting a different result. I chose not to participate in the insanity that the General Assembly has become, or, perhaps, has always been. Every year, these well-intentioned men and women head to Richmond and come home crowing about “brochure bills” that never pass. “I introduced ….,” they say. What they don’t say is that the bill didn’t go anywhere.

Wins and losses are measured not by how well they did in doing the people’s business but in terms of politics: which Republican voted for a Democratic bill or which Democrat voted for a Republican bill. Deal making is rampant. I find it absolutely incredulous that effort has to be spent on writing ethics bills. Come on: if it smells bad, it probably is.

Lost in all of this is the reason they were elected in the first place: to represent us, not themselves, to the best of their ability.

With rare exceptions, it’s not about us.

Next year, the entire General Assembly will be up for re-election. Maybe, just maybe, we’ll get some representatives in the mix who are willing to do the right thing by us.  I have hope.

But only a little.

In Hampton, seven have filed for three available council seats and five have filed for three available school board seats. The ballot in Newport News will feature the mayor plus three council seats and four school board seats. A total of 19 candidates has filed.

I applaud all of the candidates who have decided to throw their hats in the ring for the privilege to serve the public.

What does it mean to have so many in the various races? For one, I think it demonstrates that there is a certain dissatisfaction with the current state of affairs. The mood of the country, aimed at the national level, seems to have trickled down to the local races.

But I cannot ignore the downside of having so many candidates in the races. The reality is that multiple challengers make it that much easier for the incumbents to remain in position, as the opponents essential vie for a piece of the limelight. Incumbents have a tremendous advantage – name recognition – that challengers spend a lot of time and money to try to overcome.  As much as I love seeing all these people run, I know it’s an uphill battle for many.

Now’s the time for all good citizens to come to the aid of their city. Pick a candidate – or two or three – and head over to their campaign offices to help out. Campaigns need your time, and they need your money. Our communities deserve to have the very best representatives we can get, not just those with the most money and/or the best connections.

All politics is local. Get involved in the local races.

I’ll have a complete candidates’ list up later.

UPDATE: The entire list is below the fold

Sorry it took me so long to get this up.

Attorney General Ken Cuccinelli’s office has advised lawmakers that the current law won’t stand up in court because it gives candidates and parties privileged treatment over others seeking access to a voter history list.

In light of this, Senator Janet Howell introduced SB624, which would expand access to the voter history. The bill passed the Senate on a 40-0 vote and was sent to the House, where it was referred to first to the Privileges & Elections subcommittee on Campaign Finance and then to P&E ad hoc subcommittee. According to this article, the ad hoc subcommittee amended the bill – to deny access to everyone. The bill was tabled by the full P&E committee so it is dead for this year. But the question still remains: who, if anyone, should have access to the voter files?

There is an awful lot of information in the voter files besides the voting history, including personal information such as date of birth, that could be misused if it ends up in the wrong hands. So I understand the desire to protect the privacy of the voters. (By the way, what is not in the voter files is how you voted. Only you know who you voted for.)

At the same time, closing the voter files to everyone will cause the cost of campaigns to skyrocket, which means that no one without a lot of money would be able to run for office. And if you think noncompetitive elections aren’t fun now, just wait until there are no challengers.

So who do you think should have access to the voter files?

This morning after meeting with campaign staff, supporters, friends, and family, I have made a well-thought out decision. Though it was a difficult decision, I think it to be in the best interest of the people of Ward4 and the whole of the City of Norfolk to end my campaign efforts at this time and put my full support behind the re-election efforts of Councilman Paul R. Riddick. After having met with Councilman Riddick for an hour and a half on Friday, February 26^th, 2010, the councilman was well able to address many of my concerns. He also shared with me what I believe to be a comprehensive and executable vision for Ward 4 over the next four years. I also have had the opportunity to meet with the other challenger in the race, Mr. George “Billy” Cook and I did not find him to have a vision nor a plan for the people of Ward 4 or the City of Norfolk and I think it best that he focus on the mounting issues of the Norfolk School Board and not attempt to take on another task before completing or at least making measurable progress in his current position as a Norfolk School Board member. I have also taken into consideration the tremendous economic strain on our nation, our state, and our city and for these reasons I believe that it is better at this time to return Mr. Riddick as the Ward 4 councilman.

Though I may not totally agree with the positions on many issues in our city with our current council, stability is in my opinion very necessary to survive this current crisis. I will continue to fight for the issues that I strongly believe in such as:

• Ending youth and gang violence through education, mentorship and job creation
• Creating jobs for ex-felons who desire to become productive citizens
• Ending cross town busing on a high school level
• Making safe and healthy communities throughout the city
• Establishing an elected School Board and
• Eradicating the City Manager form of government by moving us to a strong mayor form of government

My withdrawal from this campaign is in no way a sign of capitulation nor weakness on my part, it is however a picture of a more mature statesmen (who thinks for the whole not the few) in the making. Please know with assurance that you will hear from me again in the very near future.

I remain committed to the service and uplift of the poor and voiceless,

Michael Muhammad

Northam expressed concerns about the number of gun bills being passed by the legislature. “You mix guns with alcohol and human nature and you’ve got yourself a bad combination,” Northam told me. “Just because you get a permit doesn’t mean you’re qualified to use the weapon.”

The looming budget cuts were also on the mind of Northam when we spoke last Monday, which was after the budgets had been introduced but not yet voted on. He mentioned the education cuts, in particular those to pre-K, a program he strongly supports. He also mentioned Governor Bob McDonnell’s stance of no tax increases has tied the hands of those preparing the budget. The cuts, he said, are going to cost thousands of jobs and will be to the core services of government.

Northam is a pediatric neurologist at Children’s Hospital of the King’s Daughters, the only free-standing children’s hospital in Virginia. According to a recent editorial, 53% of its patients are on Medicaid, by far the largest percentage of such patients in the state. With the proposed budget cuts to Medicaid, CHKD, which is located in Norfolk, stands to lose a significant amount of funding. Northam told me that the reason that CHKD’s Medicaid numbers are so high is that other hospitals take adult patients. An attempt to change the funding formula – to boost the allocation to hospitals with high percentages of Medicaid patients – has so far failed.

Speaking of a subject near and dear to my heart, Northam called inaction on bipartisan redistricting “embarrassing.” Northam co-patroned Sen. Creigh Deeds’ SB173, which creates a bipartisan redistricting commission. The bill passed the Senate 40-0, while an identical bill in the House, HB638, failed. Northam expressed pessimism about the fate of the Senate bill, which is currently assigned to the House P&E subcommittee #2 on Elections.

Northam’s SB186 takes on ethics reform. The bill, according to Northam, prohibits lobbyists from serving on the review panel and makes it clear that the resignation of a member – such as that of former Del. Phil Hamilton – doesn’t stop the process. An identical bill on the House side, HB814 introduced by freshman Del. Robin Abbott, was incorporated into a similar bill, HB655 introduced by Del. Ward Armstrong.  Given that the bills have passed their respective chambers, we will see ethics reform this session, one of the few bright spots in an otherwise dismal session.

A big issue for Northam was reflected in his menhaden fishery bill, SB185. Facing stiff opposition, which Northam called “disappointing,” the bill was pulled. “The best way to promote jobs is to have a healthy and well-managed Chesapeake Bay,” Northam said. “I’ve got some other things I’m working on for next year and that menhaden thing is not going to go away as long as I’m here.”

“The more we are learning about concussions and what the brains of these NFL players look like when they go under autopsy – it is frightening,” Northam said in reference to his SB652. The bill is focused on education for the students, parents, coaches and school administrators of the effects of concussions. Similar legislation, according to Northam, is being considered in 25 or 26 other states.

All of the bills Senator Northam introduced this year can be found on his page on Richmond Sunlight and reflect a growth on the part of the Senator. “The more time you spend up here, the more effective you become and you can get some important legislation through,” Northam told me. “You have to learn how to reach across the aisle and work with everybody.”

One question I had for Northam related to a recent article about the judgeships in Virginia Beach. Northam confirmed that he and former Senator Ken Stolle had an agreement that if Northam would support the Republican choice, Les Lilley, the next opening would go to the Democratic choice, Gene Woolard, in order to clear the impasse that existed on judges last year. Northam took exception to the Stolle statement in the article that he couldn’t bind the House members.

I will remind him and the House: they’re the ones that took Norfolk judges off the resolution. The House Republicans took them off. So he was able to bind them, you know, when he needed something for himself but now that it’s time to finish business..

You live and learn.

Northam took a lot of heat over his deal with Stolle, just one of several situations where Stolle took advantage of the politically naive Northam. But he’s sticking to his guns on this one and wants the Virginia Beach Republicans to hold up their end of the bargain. It may be a moot point, though: Northam said that with the budget the way it is, they might do away with two judgeship openings. We discussed the possibility of a recess appointment, but such an appointment by Gov. McDonnell may be difficult: Glen Huff was McDonnell’s law partner.

I appreciate the opportunity to chat with my Senator. Hopefully, we’ll be able to find the time to do a wrap-up call after the session ends. In the meantime, below is his update from Friday.

General Assembly Update: February 26, 2010

By Sen. Ralph Northam

As you know, the Senate and House money committees released their budget reports last Sunday. On Thursday, both budgets passed their respective houses. In the following weeks, a conference committee will meet to rectify the differences between the documents.

While the cuts envisioned by the Senate budget are difficult to swallow, I voted for the Senate budget because it protects important resources for the most vulnerable members of our society. We were able to present a balanced budget, while still maintaining funding for law enforcement, community health centers, school breakfast and lunch programs, and domestic violence prevention, among other priorities.  While the Senate budget did make significant cuts to Medicaid reimbursements for health care providers, we expect to be able to backfill this gap with Federal money in the coming months.

Also, unlike the House version, the Senate budget maintained funding for the Commission for the Arts and the Virginia Foundation for the Humanities.  The arts offer a creative outlet for old and young alike, and cutting all funding to this valuable piece of Virginia life is unacceptable.  Exposure to culture and imagination is a key to inspiring growth and innovation, not just in social and academic circles but in the business world as well.

Most importantly, we worked to ensure that public education will not suffer devastating cuts. I understand the importance of protecting our funding streams for the benefit of teachers and students, and I will do everything I can to guarantee that our children have the benefit of a world class education to prepare them for the jobs of the future.  Educating all of our children is crucial to ensuring the continued competitiveness of America in the global economy.

I thank you all for your support, and I welcome your input during session.  My office phone number in the General Assembly building is (804) 698-7506, and my email is SenatorRalphNortham@gmail.com.  If I am not available, my legislative assistant, Matt Strickler will be happy to help.  Please do not hesitate to call or e-mail, and if you are in Richmond, please feel free to stop by and say hello.

But once a speaker launches a personal attack at a member of council, there should be some way to limit that. Every council meeting should not be a political forum.

The quote above comes from comments made by Mayor Paul Fraim earlier this week after council a frequent council critic attacked one of the members of council.

I don’t know that is is possible to ban political speech – after all, didn’t we just go down the path of allowing corporations to participate?

In any event,  I have to agree with Kent Willis here:

“The council does have the right to maintain a certain decorum,” he said. “If they don’t already, they can ban personal attacks on council members and others.”

That, it seems, would solve the issue. And while they are at it, how about televising the “open mic” portion of the meetings? Seems to me it would be helpful for the public to see what’s on the minds of our fellow citizens.

The Pilot needs to take some responsibility for Watson being sheriff this time around.  Watson was originally elected in 2005, after having beaten the incumbent, Gary Waters, in a primary. (Waters actually beat himself, but that’s a post for another day.) Because the Pilot editorial board favors incumbency, they helped return him to office.

Elections have consequences. If you’re not a part of the solution, you’re a part of the problem. And in this case, the Pilot editorial board was a part of the problem.

Here’s hoping they learn something from all of this as they gear up for endorsing in upcoming May municipal races.

It was obvious to me that the show – always commercial – was going for every demographic possible in choosing this group. Except the demographic of folks looking for this to be a singing competition – that would be me! So with rare exceptions, it didn’t matter much to me which of the folks went home.

The women eliminated were Janell Wheeler and Ashley Rodriguez. The men eliminated were Joe Munoz and Tyler Grady.

In case you’re wondering, Vote For The Worst supported Haley Vaughn and Tim Urban in the voting. Both were perfect choices for VFW  as they were absolutely awful.

Oh – and it certainly would be nice if the folks on AI would properly refer to the female contestants as ladies or young ladies or something like that, instead of “girls.” It’s both annoying and offensive to refer to adult females as “girls.”

One more thing – I agree with those who think this is the last season for Idol. There is something missing – perhaps the chemistry between the judges? – and while I’ll probably watch, it’s just not the same show it started out being.

The Senate Transportation Committee will be taking up House Bill 392 at its meeting this afternoon at 2pm. This bill, if you recall, will increase, from $1,000 to $5,000, the amount of water damage that a vehicle can sustain before it is required to be disclosed to the buyer.

Contact the members of the Senate Transportation Committee immediately and let them know we don’t want water damaged cars flooding Virginia. Their phone numbers and email address are:

Chairman – Sen. Yvonne Miller (804) 698-7505  email
Member -  Sen. Ed Houck (804) 698-7517 email
Member – Sen. Henry Marsh (804) 698-7516 email
Member – Sen. Stephen Newman (804) 698-7523 email
Member – Sen. Jon Watkins (804) 698-7510 email
Member – Sen. Phil Puckett (804) 698-7538 email
Member – Sen. Frank Wagner (804) 698-7507 email
Member – Sen. Harry Blevins (804) 698-7514 email
Member – Sen. Creigh Deeds (804) 698-7525 email
Member – Sen. Ryan McDougle (804) 698-7504 email
Member – Sen. Patsy Ticer (804) 698-7530 email
Member – Sen. Ralph Smith (804) 698-7522 email
Member – Sen. John Miller (804) 698-7501 email
Member – Sen. Dave Marsden (804) 698-7537 email
Member – Sen. Jeff McWaters (804) 698-7508 email

Rachel Maddow weighed in Monday evening

Gov. Bob McDonnell condemned the remarks, calling them “wrong” and “offensive.”

Salon posted a good article on the event.

Del. Robin Abbott made a heartfelt speech on the floor of the House Tuesday. The entire speech is below the fold.

UPDATE: Here is a video of the speech

MR. SPEAKER – I RISE FOR A POINT OF PERSONAL PRIVILEGE

Mr. Speaker, members of the House,

30 years ago today was a very joyous day for America. Do you remember why? 30 years ago today we were celebrating the MIRACLE ON ICE where the American Hockey Team won the gold medal at the 1980 Winter Olympics.

For me personally, there was other cause for joy …. It was the miracle of the birth of my son, Nicholas. I remember looking at him and in all senses he was perfect. Over the next several weeks, however, Nicholas was failing to thrive. I learned that he was missing over three fourths of his brain and that he had no vision. His prognosis was not good. The doctors told us that if Nicholas survived he would never walk, talk, or even know that I was his mother.

So today, Mr. Speaker, I speak on behalf of all the parents of disabled children.

As a freshman member of this body, I look to the more senior members to help me do the best job possible of representing the people who have elected me in Newport News and James City County.

Because this House has demonstrated concern for individuals with disabilities, particularly individuals with intellectual and developmental disabilities, I feel comfortable in sharing with you what life is like for a parent of a child with severe and profound disabilities.

When we realized that our child has disabilities we could never have conceived of the joy that he has brought to our lives. But it was not easy. It was not at all easy to hear the words about our child and even more, it was torture to have to give up the dreams we had for him – dreams of activities together, learning together, school, sports, friends, hobbies, career – in short, all the dreams each of you has had for your children.

Oh, we were told that a facility might answer our needs, but we love Nicholas and could not think of having him any place other than with us. With the assistance of our educational system, we were able to balance his needs, our careers, and a life for our family.

There were several occasions during Nicholas’ early years that gave me strength. I remember vividly the day he was trying to sit up all by himself. He was two and a half years old. He worked and worked and after two hours, he finally made it. He was out of breath, but the biggest smile of accomplishment came over his face. He knew what he had just done was BIG. I was crying tears of joy. One would have thought he had just won a gold medal. He certainly deserved one for his perseverance on that day. The significance of that event was that it gave us hope – you see – the general rule is that if a child can sit by age two, the more likely the chance he will walk.

Mr. Speaker, members of the House, imagine if you will, trying to teach your child how to play a simple game of patty cake. Over and over again every day for five years. You think it is hopeless — that he will never learn such a simple task — And then one day, out of the blue, he patty cakes back and all of a sudden you realize your efforts were not in vain. You realize that as long as your child is giving 150% —you cannot ever give up.

Just as any parent, I wanted the best for my child and worked hard to make it happen. Fortunately, we were not alone and sought support through the schools, the medical professionals, and the community. Every activity, every mobility that any of us take for granted must be provided as assistance for Nicholas.

Every activity, regardless of what it is, takes longer and significant planning. Due to a seizure disorder, Nicholas can never be left alone. And in order to have some time for my husband, our other three children, and our careers, we needed qualified care providers to cover after school care. It wasn’t easy finding care givers and when we did, it was always at a premium cost.

Suddenly one day, the the time came that my husband and I both had feared. Nicholas grew up. He was twice my size and I could no longer lift him and tend to his needs. My husband was diagnosed with heart problems and had to undergo quadruple by-pass surgery. It was time to find a place for Nicholas – a place where he would be safe and secure and where his needs would be met.

Fortunately for us as a family, we were able to receive a Waiver slot for Nicholas, which changed his life and ours in many ways. For the first time in 24 years, I could go to the store and pick up a carton of milk without having to worry about who was home to be with Nicholas. But the biggest relief was that the transition for Nicholas would be over time and not an emergency placement. This is not the case for many families who often wait decades to find the peace of mind that their loved one will be taken care of. Today, Mr. Speaker, I understand there are over 4800 people waiting for waivers. That number grows every month. We can do better — we must do better.

I still have dreams for Nicholas. I want the comfort of knowing that, if something happens to his father or to me, he will be secure in his living arrangement. My husband and I want to keep our jobs as tax-paying citizens, secure in the knowledge that Nicholas’ day program provides activity for him in a safe environment and he has safe transportation.

Wouldn’t each of you want these same things for your children? To be happy and productive in school, to play with other children, to develop obvious or hidden talents, and to be proud of their achievements.

I have already shared a few of Nicholas’ achievements, but I would like you to know that against all odds, Nicholas did learn to walk at age five, to feed himself, and to assist with self-help skills such as bathing, washing his hair, shaving, and brushing his teeth. And I am very proud of these achievements because these small accomplishments enabled him to stay at home with his family for many years.

But his greatest accomplishments, for which he will never know are:

· Teaching me patience

· Teaching me to love, unconditionally

· Teaching me to understand the importance of stopping and smelling the roses on my life’s journey

· Giving me the courage to be his voice — to fight his battles, and to fight for what is right

· In sum, suffice it to say that for a child who has never spoken a single word, he has taught me more than any professor or other person ever will. He is truly the wind beneath my wings.

For these gifts, I am thankful to my son.

When I was appointed to the Hampton-Newport News CSB Board of Directors, I welcomed the chance that I would have as a citizen to help improve the lives of individuals with disabilities, many of whom I now represent. As a former board member and as a parent, I have witnessed and experienced the excellence that the CSB brings to the community and to its citizens, particularly those with disabilities.

As a legislator, I am gratified that the House crafted some relief from the action in the Introduced Budget and proposes to lift the waiver freeze. Some of the dire actions remain in the budget and it is critical to remember that when services are reduced or eliminated, not only the individual with the disability is affected but the entire family. That family could be your family, your neighbors, your friends, or, in the future, perhaps even one of you.

Mr. Speaker — I know for a fact that Members of this Chamber have sought and received services from your local Community Services Board for your constituents in need of Waiver services. The challenges that my family has faced are not unique to us, but are shared by many of your friends and associates.

Virginia’s Medicaid Waiver public policy strategy was created almost 20 years ago as a compassionate and equally important, fiscally conservative alternative to costly institutional care. We need to sustain this important public policy safety net known by all of us as the “Waiver slot” system of care.

My hope is that no family member will be forced to choose between a job and taking care of a family member because services are reduced.

My hope is that parents don’t have to pray that the good Lord takes their child before them so they have peace in knowing that their child will not suffer in their absence.

My biggest hope is that no one has to wait decades to receive a waiver.

Mr. Speaker — I was disturbed to learn this week that a member of this body believes that disabled children are somehow punishment or deserved by the parents. I hope this view is not shared by other members of this Chamber. More important than words or rhetoric are the actions we take.

As a result of the economy, my family, like so many others, will be called upon to provide more continued support for my son than before.

Let us intend that the action we take in this Chamber this week on our budget is only temporary —- and that we can and will build back services that are so desperately needed by the most vulnerable of our citizens.

More importantly — Let us not betray the trust that Virginia families have placed in us. Above all, let’s keep our promises to them as soon as we can.

Thank you, Mr.Speaker and members of the House for this opportunity to share my story with you today.

Since taking over, Shucet has taken the bull by the horns. He has been forthright in discussing management practices and exorbitant soft costs. His request for an audit was approved by the Secretary of Transportation. Last Thursday, he released a a “cost to complete” figure of $338.3 million for the 7.4 mile line, saying, “We’re not going to add a penny to that.”

All of this and more was discussed in the nearly hour-long Q&A session, the video of which is below. (I edited out the beginning “getting to know you” part as well as the ending “when will we meet again” part. )

Note that there were three HRT staff members in attendance, primarily to help if Shucet needed additional information. As it turns out, he really has a grasp of what’s going on at HRT and didn’t really need them.

I walked out of the HRT building thinking we’d just had one of the most transparent conversations possible. I was, therefore, a little disappointed to read on PilotOnline that HRT had found the $245K for the Beach study, a topic we had discussed rather extensively. We were given no hint that HRT was still looking for a way to come up with the money, although Shucet did say he was struggling with the issue. Given that it was such a short time between our meeting and the brief posting on PilotOnline announcing that HRT had found the money, I’d love to hear what happened.

UPDATE: Thanks to Mr. Shucet for explaining in the comments below exactly what happened and why. I appreciate his taking the time to discuss this issue with us.

State Delegate Bob Marshall of Manassas says disabled children are God’s punishment to women who have aborted their first pregnancy.He made that statement Thursday at a press conference to oppose state funding for Planned Parenthood.

“The number of children who are born subsequent to a first abortion with handicaps has increased dramatically. Why? Because when you abort the first born of any, nature takes its vengeance on the subsequent children,” said Marshall, a Republican.

“In the Old Testament, the first born of every being, animal and man, was dedicated to the Lord. There’s a special punishment Christians would suggest.”

Just in case you think the News Leader made a mistake in the quote, listen yourself.

Recall, if you will, that Marshall believes that “a woman’s arm is constructed at a certain angle so that she can adequately cradle a baby.”

It’s time for Bob Marshall to go. Add your voice to the call for an apology and his resignation by signing the petition here.

UPDATE: Marshall has issued a statement on the matter. The money quote:

I regret any misimpression my poorly chosen words may have created as to my deep commitment to fighting for these vulnerable children and their families.

UPDATE 2: Marshall’s interview with TPM is here. Of course, he claims there are articles in medical journals to back up his claims.

In the meantime, the Young Democrats are calling for Marshall’s resignation. In an email, VAYD Executive Director Toby Quaranta says:

“Republicans continue to fail to lead in Richmond. Bob Marshall should be ashamed of himself. Governor Bob McDonnell should repudiate Delegate Marshall’s comments and call for his immediate resignation.”

Because of what they call a recent series of negative revelations about the public schools, three City Council members say they favor an elected school board.

I’ve long advocated for an elected school board (see list below). That Norfolk doesn’t have one is a testament to the power that the Council wants to maintain. With power, though, comes responsibility, and now that the school system has gotten some bad press, the Council would like to distance itself from the stench.

Although I disagree, I have to give Ward 2 councilwoman Theresa Whibley her props for sticking to what she believes: she prefers that the school board be appointed.

“The data does not support the notion that elected school boards are better than appointed school boards,” she said.

It may not – but that doesn’t mean it’s worse. We’ve tried appointed – time to give elected school boards a shot.

Previous posts:
Norfolk school board nominees
Edds on school boards
Elect Norfolk School Board? Oh, yeah!
Reason #9,859,743,201 why Norfolk should elect school board

Greetings from Richmond!  This week, crossover took place in the General Assembly, with all passed Senate bills going to the House of Delegates for consideration, and vice versa.  There was little action on any of the bills I am sponsoring, but the pace will be picking up in the next few days.  I am still working hard on legislation to bring about ethics reform in the General Assembly, protect youth athletes from serious brain injuries, and spare saltwater anglers from having to pay fees to the Federal government.

Also this week, Governor McDonnell announced his proposals for balancing the state budget.  Though he remains true to his pledge of not raising taxes, his suggestions include massive cuts to public education, services for the poor and elderly, and the state health care safety net.

While it is necessary to reduce some spending in order to close the Commonwealth’s budget gap, these proposed actions would disproportionately harm those members of our community who are most in need of our help in these difficult economic times.

Further, it is estimated that instituting these cuts would result in the layoff of an estimated 23,000 school employees and thousands more health care workers.  In this period of record high unemployment, I strongly believe that putting even more people out of work is bad public policy.  Job retention is essential to helping our economy rebound, and leading to job growth in the future.  I urge you to read over the Governor’s proposals for yourself, and to contact all of your elected officials to voice your opinion.  I have heard from many of you about this already, and everyone who has contacted me is opposed to these cuts.  I would welcome input from anyone who has other views, as hearing from both sides helps me better represent all of you.

I thank you all for your support, and I welcome your input during session.  My office phone number in the General Assembly building is (804) 698-7506, and my email is SenatorRalphNortham@gmail.com.  If I am not available, my legislative assistant, Matt Strickler will be happy to help.  Please do not hesitate to call or e-mail, and if you are in Richmond, please feel free to stop by and say hello.

Remarks of Mayor Paul D. Fraim

Norfolk State of the City

February 19, 2010

Good afternoon.

Let me first of all thank the Chamber of Commerce for providing this opportunity to report on progress made and challenges faced during a year that tested our resourcefulness like none in recent memory.

2009 will long be remembered for the deepest economic downturn since the Great Depression.  Locally it will also be remembered for the hijacking of Norfolk-based Maersk Alabama by Somali pirates and the rescue of its captain by Norfolk-based USS Bainbridge and Navy SEALs.  And who can forget the powerful Veterans Day Northeaster that pounded the region for three days with winds, heavy rains and a destructive storm surge.  Property damage exceeded $31.5 million, and flooding equaled that of Hurricane Isabel – many will tell you it was worse.

Throughout that period city staff worked around the clock evacuating residents, blocking flooded streets, manning shelters and the emergency operations center.  These employees turned in an outstanding performance, and I take this opportunity to extend them our thanks on a job well done.

On a more solemn note, we were all saddened last year by the loss of two of our finest citizens.  Former city council member and long-time pastor of Shiloh Baptist Church, Dr. John H. Foster, passed away in August.  His death was followed less than a month later in September by the passing of Frank Batten, Sr., beloved leader of Landmark Communications and Norfolk’s most generous patron.  His $11 million gift to the Zoo and $20 million gift for the Slover Library are just two examples of his generosity.  Frank and his family’s positive influence on this community have been part of our past, and will be a part of our future for generations to come.

As home to the U.S. Navy, and as the North American headquarters for NATO, Norfolk appreciates more than most the consistently excellent performance of our men and women in uniform, and the importance of a strong military.

So I am pleased that we are joined by the command representatives from the U. S. Navy, the Coast Guard and Supreme Allied Commander Transformation.  We are grateful to you, and to the women and men under your command, for all you are doing to keep us safe.  Thank you for your many sacrifices.

It may be true the worst of the Great Recession is behind us, but swirling in its wake is high unemployment, a weak housing market, slumping auto sales, sharply lower retail sales and a $3.5 billion hole in the State budget.  Projections for the new State budget are for an additional $4 billion gap, and this time there are no federal stimulus funds to offset the shortfall.

Local revenues are also down, led by lower retail sales and real estate values.  At year’s end Norfolk’s unemployment rate was 8.6% – the highest level in at least 20 years.  Still, with more than 226,000 jobs, Norfolk has nearly as many jobs as people, and we are thankful for that.

The recession’s harshest effects are being felt by our most vulnerable citizens – the homeless, and those one paycheck away from homelessness.  Last year we ended or prevented homelessness for over 600 families and 100 single adults.  According to results from this month’s point-in-time analysis, overall homelessness decreased last year in Norfolk.  This was achieved with help from a generous $250,000 grant from the Dragas Family Fund.  Norfolk is a recognized leader in creating opportunities for ending homelessness, and we continue to work on new and improved solutions to this social dilemma.

Today’s economic climate is also affecting non-profit organizations.  That includes the arts, and they are struggling to adjust to reductions in memberships, in box office receipts, and in contributions.

The Norfolk Arts Commission works with nearly 40 cultural groups guided by more than 700 community and business leaders – including many of you.  Even in the face of their own economic difficulties, these organizations and their Boards continue to give back to the community.

There’s no better example than the Chrysler Museum of Art, which began offering free admission in September.  The response: Attendance has more than doubled, and voluntary donations at the door have more than tripled.

Through the Great Depression and World War II, storms and floods, name changes and mergers, the Virginia Symphony has been one of our great cultural institutions.  This year it is celebrating its 90^th anniversary.  Under the baton of Conductor Joanne Faletta, the Symphony has played to rave reviews at Carnegie Hall and the Kennedy Center.  Its upcoming performance of Bernstein’s Mass will be a Virginia premier.

The Virginia Stage Company and Virginia Opera continue to bring premier productions to the region and state, and this fall the Virginia Arts Festival moves into its new building – the Clay and Jay Barr Education Center.  Next door, children will take acting classes and perform in the new home of the Hurrah Players, which will celebrate a grand opening in April.

I am proud to say Norfolk remains the cultural capital of the Commonwealth, and the council joins me in commending our arts groups and their Boards for all they do in the community.  They deserve our continued support.

Reflecting a lower revenue outlook, the city’s 2010 operating budget is $2.3 million less than last year’s.  A $35 million gap was closed by reducing expenditures, freezing salaries, extending the hiring freeze, eliminating positions and making targeted reductions to departmental budgets.  Even more will be needed for the upcoming budget.

The Capital Improvement Budget meets our internal affordability measures in all five years of the Plan.  Still, even projects that are planned need to receive new scrutiny.  In past budgets the council has appropriated over $57 million for the construction of a new consolidated courthouse.  $14 million has already been spent on design and construction drawings.  Over $45 million has been programmed for fiscal year 2011.  Without in any way wavering on our commitment to the new courthouse, I have advised the city manager and the chief judge that I cannot support moving this important project to construction this fall as planned.  Instead, I am urging my colleagues on the council to defer construction until fiscal year 2012.  This will help alleviate pressure on both the capital and operating budgets, and signal to our bond rating agencies that we are serious about spending curbs.

As tough as this budget was, the 2011 budget will be even tougher.   Next year’s gap is currently projected at $54 million and could grow wider if deeper cuts are made in State aid to localities as seems certain to be the case.  Cuts have consequences, and as we learned yesterday they will be felt across the city and in the schools.  Just as there are no free lunches, there are no free school books and no free potholes.  If enacted as proposed, the State budget will be balanced by shifting an unprecedented amount of the fiscal burden to the local level.  The city budget will feel the pressure, and we will live with it for years.  Included are drastic funding reductions for constitutional officers; damaging  even unfair – reductions in education funding; and a range of spending reductions in public safety, human services and economic development.

Let’s be clear . . . this is NOT business as usual.    Revenues are simply not going to meet the expenditure demands of our current operating environment.  To balance the 2011 budget the City will have to reduce or eliminate programs and services – and probably positions.  From all appearances, Virginia and her counties and cities seem well on the way to the smaller government some have wanted for so long.  However, it will be a less compassionate government and a weaker force for good in the lives of our people.

Still, you could count us among the fortunate.  A recent Brookings Institution report ranked Hampton Roads as one of the country’s 20 strongest performing economies with unemployment 3% lower than the national rate and a strong housing market in our inner core.  And Forbes has ranked Norfolk in the Top 20 mid-sized cities for young professionals.

The city’s stable financial condition was confirmed in December by the bond rating agencies who reaffirmed our excellent credit rating.  This is attributable to sound management practices, and to military and other defense-related spending that work to stabilize our economy.

Estimates are that local defense spending will increase another 4.5% in 2010, not including a 2.5% increase in the military housing allowance.  But that can change.  Military and federal civilian employment has declined over the past 10 years.  Just last year the number of ships home ported in Norfolk shrank from 94 to 84, with the greatest impact coming from reassignment of the carrier USS George Washington to Japan, a move estimated to cost the local economy $600 million and 11,000 jobs.  Together with our congressional delegation we are working to make sure this doesn’t happen again.

In response, we have been growing and diversifying our tax base and housing stock.  And our efforts are succeeding.  Excluding the military, the City’s employment base is diverse, with no single sector accounting for more than 15% of total employment, and we’ve reduced the amount of tax-exempt property from 42% to 32%.

In the last four years, over half-a-billion dollars of public and private money was invested in nearly 4000 new housing units.  Over the same four year period the assessed value of all real estate increased nearly 60% from roughly $12 billion to $19 billion, and since the last census our population has grown by nearly 3400 folks -  a 2.5% increase.  We are a city showing determined progress.

We’ve lowered the real estate tax rate 29 cents – from $1.40 to $1.11 . . . that’s nearly 21%.  Among Hampton Roads local governments, only Virginia Beach – with twice our population and 4 times our size – has lowered its real estate tax more.  As one of Virginia’s most fiscally stressed localities, this is an unprecedented accomplishment.

In summary, the tax base has grown and diversified, the tax rate is lower, our population has grown, investments in redevelopment and revitalization have been very successful, and the city’s financial condition remains solid.  We continue to maintain a structurally balanced budget, and among the region’s six major cities, we have the second lowest cost of government administration and a lower per capita tax burden than Chesapeake, Virginia Beach and Newport News.  All of which leads us to believe that we are as well positioned as possible to weather the present economic downturn.

After a year that saw a 16% drop in cargo volume, the Port expects a 6.3% increase in business this year, and predictions are for container traffic to triple over the next 20 years.

As the only East Coast harbor with channels deep enough to accept super-container ships, the Port continues to plan for growth.  Work on the Craney Island Expansion Terminal – a $2.2 billion project – got underway last fall after receiving its first federal appropriation.  This qualifies it for federal stimulus construction funding and for future funding.

For Norfolk Southern, 2010 will mark the opening of the Heartland Corridor, a new gateway for double-stack container traffic moving between Virginia ports and the Midwest.   In what was the biggest engineering project taken on by any railroad in modern times, NS raised the height of 25 tunnels and 28 overhead obstructions in Virginia and West Virginia.  The Heartland Corridor will slice 230 miles from current routes, improving transit time between Norfolk and Chicago by up to a day.  Completion of the final tunnel is expected in September and benefits begin immediately, making our Port more competitive and giving localities along the corridor access to world markets.

Recent newspaper articles have reported on Ford Motor Company discussions with the Jacoby Group, an Atlanta company, for redevelopment of the Norfolk Assembly Plant site.  The Jacoby Group is exploring reuse of the property as an “Alternative Energy Park” designed to attract wind, solar and other cutting edge energy businesses.  Today, I am extremely pleased to report a contract has been entered into between Ford and Jacoby for purchase of the entire 100-plus acre site, with a closing expected as early as this September.  Joining us today from the Jacoby Group are its chairman and CEO, Jim Jacoby and John Borden, the firm’s general counsel, so please join me in giving them a warm Norfolk welcome.  This is great news for the city, and could not be more timely.

Much has been written in recent weeks about The Tide light rail project.  Obviously, the financial implications for the city are the council’s primary concern.  Once the full extent of the recent cost overruns was known, the city moved forward to: first, stop the financial bleeding and reestablish credibility at HRT in this project; and, second, negate or minimize any financial impact on the city’s budget.

With the hiring of Phil Shucet  the highly regarded former VDOT commissioner  as interim CEO, we have moved quickly in the direction of reestablishing credibility at HRT, and he is already at work trimming the cost to complete the project.  In large measure the budget gap will be filled by State and federal funds.  There should also be money at HRT to address some costs.  Please take note, as was reported in this morning’s Virginian Pilot, “Even with the latest overruns, the project remains the cheapest among recent rail projects in the country.”  All of this is to say that, to date, the city’s cost has not increased since the amended light rail budget was presented in December of 2008.  Mr. Shucet’s stated goal is to hold the city harmless.

In the meantime, keep in mind the Tide was never envisioned as a Norfolk-only project.  It has always been intended as a starter line for a regional light rail network extending from Williamsburg to the oceanfront.

As incredible as it seems, the transportation picture is even bleaker than it was last year.  VDOT’s six-year highway improvement plan was axed by over $4 billion.  $3.1 billion in highway and transit improvements were cancelled, and 1,000 full and 450 part-time positions eliminated.  VDOT is a shadow of its former self.  Practically speaking, this means more congestion, more delays, more lost business, less road maintenance and little prospect for improvement.

The situation is particularly acute for the south side of Hampton Roads where geography impedes the free flow of traffic.  We continue to work with VDOT on a second Midtown Tunnel  the most congested two-lane road east of the Mississippi.  Last month, an interim agreement was signed to advance preliminary work on the project.  If a comprehensive agreement is reached, a new tunnel and MLK extension could be completed by 2015.

In the absence of road construction funding, rail – both light and high speed – offers a real and achievable opportunity to transform transportation in Hampton Roads – and we should embrace that.  With each passing year, with each increase in the price of oil, and with every new EPA clean air regulation, the advantages of rail become clearer.  Efforts by Virginia Beach to extend light rail to the east, and the decision by the Chesapeake City Council to apply for federal funding to study extending light rail to its residents, are both welcome developments.  Funding is also being sought to begin studies for connecting light rail in Norfolk to the Naval Base.

November’s vote by the Hampton Roads Transportation Planning Organization to bring a high speed passenger rail connection to South Hampton Roads was a major step forward in regional cooperation.  Just as important was the unified support a Southside connection received from more than 1000 attendees from across the region at last month’s public hearings, and I certainly want to thank leaders and citizens from the Peninsula who supported us.

The result is that this past Wednesday the Commonwealth Transportation Board voted unanimously to endorse a high speed passenger rail route between Norfolk and Richmond.  This is enormous good news for us.  By the way, our case for high speed was greatly strengthened by its connection to light rail at Harbor Park.  The State will now apply for federal stimulus funds to pay for the route.  Give yourselves a round of applause.

Last year, as other cities across the country saw projects abandoned and development activity grind to a halt, Norfolk had over $1.1 billion of construction underway, much of that occurring downtown.

As we prepare for the opening of the Wells Fargo Center this summer, it is encouraging that Class A vacancy rate is only 8.7%.  This is a strong indicator of downtown’s desirability as a place for business and investment.

Another very positive indicator was the December announcement that South Carolina-based U.S. Development had purchased the Union Mission building.  Over the next 18 months they will invest $22 million converting it into apartments priced to attract young workers.

U. S. Development’s Norfolk debut is a grand slam.  We have a major new investment, that’s bringing middle income housing to downtown, preserving a registered historic landmark and improving services for the homeless.  With us today is David Bryant, president of US Development, so please join me in welcoming him back to Norfolk.  I understand U. S. Development is in final discussion for the purchase of 161 Granby Street at the corner of City Hall Avenue.  This rehabilitation of the old Savoy Hotel will be a major step forward for all of downtown.

We’re also pleased to welcome the advertising agency Grow Interactive back downtown.  In commenting on the move, Grow president Drew Ungvarsky said it’s important for his business to be in a vibrant urban setting to attract the talent and workforce he employs.  Grow will move its operations to the historic Altschul’s building on Granby Street this June following its restoration.  Drew is also here today, so please join me in welcoming him and Grow Interactive back downtown.

Over a beautiful weekend last July 4^th, Town Point Park reopened to rave reviews following a total makeover that was completed on-time, on-budget and in a record construction period.  The result: average daily attendance more than tripled, and even with a shortened season, more than 250,000 people flocked to programs and festivals.  So congratulations to all the folks at Festevents and the city on a job well done, and special thanks to everyone who contributed financially to the project.

The symbol of downtown’s revitalization is The Waterside Festival Marketplace.  It is a facility in transition.  As part of a process for reinventing Waterside, we have developed a survey for gathering input from the community.  It has been placed on the city’s and Waterside’s web sites, mailed to as many civic organizations as we could identify and will be published in the media.  Charettes and open forums will follow in the hope of seeking as much public input as possible about the future of Waterside.  A copy of the survey was placed at each seat in the room today, and I urge everyone to complete and return it as soon as you can.

Last year Nauticus and the Half Moone Cruise and Celebration Center welcomed Hank Lynch as their new director. and he hit the ground running with critically acclaimed exhibitions and by an inspirational patriotic event honoring Maersk Alabama Captain Richard Phillips.

Keynoted by Chief of Naval Operations Admiral Gary Roughead, the event received national coverage, and was made possible in large part with help from Norfolk-based Maersk Line Ltd. and its president and CEO, John Reinhart.  John is here today so please join me in thanking him.

Nauticus’ busy and successful year was capped off in December when the City took ownership of the Battleship Wisconsin from the Navy.  Plans are now underway to open more of the ship to the public.

Our other major attractions – The Botanical Garden and Virginia Zoo continue to perform well.  Last spring the Garden dedicated a sculpture honoring the 220 African Americans who built the Garden, while the Zoo welcomed the birth of 4 lion cubs, 3 bongos and a giraffe.  Construction on the Trail of the Tiger exhibit remains on schedule for an October opening.

While cities around the country experienced major reductions in hotel occupancy, Norfolk was one of the few cities that did NOT experience reductions greater than 10%.  This is due in large part to the efforts of the Convention and Visitors Bureau, which ended the fiscal year by achieving 106% of its booking goals, so thanks to Tony DiFillipo, his board and staff for a great effort.

One of the city’s most valuable assets is the quality and performance of the public school system.  It has a powerful influence on where families decide to live, where businesses decide to locate and on key quality of life indicators.

The performance of Norfolk Public Schools has been and remains one of city council’s top priorities.  We believe our school system offers a challenging curriculum.  We believe its teachers, principals and administrators are dedicated to providing students with an education equal to the best in the country.  And we have demonstrated our commitment to the education of our children where it counts the most – in the classroom.  According to the most recent information available, among the region’s major cities, Norfolk is second only to Virginia Beach in per pupil expenditures.  And our teacher salaries are regionally very competitive.

So we were all concerned and disappointed by the news last fall that we again fell five schools short of reaching full accreditation.  And we are deeply disturbed and troubled by testing irregularities at now four schools and the potential this has for adversely affecting our school system.  This is unacceptable.

Our expectation is for all Norfolk public schools to meet State standards for accreditation – and to do so by next year.  And, we expect all testing irregularities to be eliminated immediately, and not reoccur.

We are encouraged by reports that on-time graduation increased 2% and that the dropout rate decreased by 2%.  We are very pleased that Maury and Granby high schools were again ranked in the nation’s top 5 percent of public high schools by Newsweek magazine.  We congratulate Mary Calcott and Larchmont Elementary schools on receiving the Governor’s Award for Educational Excellence.  And we are proud that Oakwood Elementary was one of just 13 public and private schools from Virginia ranked as a national Blue Ribbon School.  Oakwood’s principal, Shelia Holas, was one of only five principals in the country to receive the Terrel H. Bell Award for outstanding school leadership.  Ms. Holas is here today and I would ask her to please stand so we can recognize her and Oakwood Elementary’s great performance.

We have a good school system, and these examples are representative of the commitment and dedication of its students, its teachers and its principals.  But that’s not enough.  The goal is to have the best school system, and full accreditation next year will be a big step towards achieving that goal.

A large part of this is having the best school buildings and facilities possible.  Next year we will build one new elementary school.  In this coming budget I will ask the council to include planning and design funds for others, with the goal of constructing or renovating five schools in the next six years.  In the last 10 years, student enrollment in Norfolk shrunk by 3400 students.  This should permit the closing of at least three schools if properly planned.  Of course, this will take public support as well.

Even as the operating budget was reduced in response to the recession, progress continued on neighborhood projects.  $37.5 million was invested in water and sewer upgrades across the city, and in resurfacing 83 lane miles of streets.

More than $13 million has been invested in the Greater Wards Corner area since approval of the Comprehensive Plan.  Last year, police presence and code enforcement activities were stepped up, surveillance cameras installed in Denby Park, and a neighborhood watch begun with 60 residents participating.  As a result, violent crime in Wards Corner dropped 35% and property crime 6%.

Three residential rehabilitation programs were begun for Denby Park, Oakdale Farms and Monticello Village to assist residents in upgrading their homes.  The programs were so successful that within six months, the first $1 million was committed to 21 homeowners.  Another $1 million was committed this fiscal year to assist 40 homeowners, and there’s already a waiting list for next year.

On the commercial side, the department of development is in active discussions with major property owners in the heart of the Wards Corner business district, and we expect new development opportunities to be identified later this year.

Momentum continued in Broad Creek last year as The Villas at Broad Creek got underway.  This $5.4 million mixed-use development by Tivest Development and Construction won the national Small Business Qualified Low-Income Community Investment Award.  Tivest president and CEO Dwight Etheridge is here today, so please join me in congratulating him on this recognition.

The city is also working with Tivest to develop an office building that will allow for the consolidation of the S.T.O.P. organization as well as provide space for additional tenants.  A groundbreaking for the Midtown Office Tower is scheduled for February 26 – one week from today.  This is an important jobs producing project that must go forward.

Other accomplishments in the Broad Creek area include major landscaping improvements, continued progress on the Kroc Center, a $7.5 million award winning upgrade to the Mission College Apartments by NRHA and a $60 million makeover of the 44-acre Grandy Village – including a 15,000 square foot recreation center – that also won a national award of merit.  The next major enhancement for the area is demolition and redevelopment of Moton Circle, a $44 million project.

A 5 year, $24.5 million commitment to the Southside Neighborhood Plan has made it possible to acquire important properties for future development, to demolish 35 blighted properties, repave all the streets, upgrade the water and sewer systems and begin work on a new aquatics center.  To date, this has leveraged more than $9 million in private investment.

New residential and business developments along the historic Church Street corridor have made important contributions to its revitalization.  But after 30 years it’s time to finish the job.  So I will be asking the council to refocus attention on Church Street in the coming year to complete its redevelopment into a vibrant, mixed-use area.

In Lambert’s Point, construction began on Village Gardens, a 40-unit senior apartment complex set to open this fall.  Last week, we cut the ribbon on the state-of-the-art Lambert’s Point Community Center.  It is an absolutely beautiful facility, and a major contribution to the ongoing revitalization of the neighborhood.  This fall additional residential development begins on property located between Hampton Boulevard and Bowden’s Ferry Road.

In the coming weeks the council will consider the Central Hampton Boulevard Plan prepared for portions of Lambert’s Point, Kensington, University Village and Highland Park.

Even during the nation’s worst housing crisis the strength of our residential market can be seen in continued development at East Beach  which was selected for the second time as the site for Homearama – and in the recent agreement by Franciscus Company to buy the remaining parcels at Harbor Walk and complete the development.

The City and NRHA continue to acquire dilapidated properties in Ocean View for redevelopment.  Recent examples include a 16 unit apartment on First View, a 15 unit apartment in Willoughby and the old Ramada Inn property on Ocean View Avenue.

Successful resolution for use of the property along 5^th and 7^th Bay Streets now makes it possible to begin thinking about preparing a development plan that includes public open space for this very desirable site.

All of us appreciate the dedicated work of our public safety employees.  Last year alone Norfolk Fire Rescue responded to more than 40,000 service calls and we invested $2.7 million in new vehicles.

Our commitment to public safety also includes facilities, and last fall ground was broken in Central Business Park on a $12 million state-of-the-art headquarters for the 2^nd Patrol Division.  It is scheduled to open next spring.

We have also been invited by Old Dominion University to partner with them on a new combined police precinct that would house both ODU police and the 3^rd Patrol Division and provide new synergies between the two forces.  The council is supportive, and we will work to take advantage of this opportunity.

A police officer’s job can quickly turn very dangerous, a fact Officer V. E. Decker came face-to-face with last March.  While on patrol, he confronted two armed suspects who had been involved in a robbery in which their victim was shot and later died.  During the confrontation, one of the suspects opened fire on Officer Decker, who returned fire, killing the shooter, and then apprehended the second suspect.  The bravery he exhibited took two dangerous criminals off the street, and for his actions, he was awarded the Norfolk Police Department’s Medal of Valor.  Officer Decker is here today, and I ask you to join me in recognizing his outstanding police work.

We were disappointed and concerned by last year’s increase in the homicide rate.  With that exception, overall violent crime was down 14%.

In a very positive sign, juvenile arrests dropped significantly in selective enforcement areas – 83% in Huntersville; 41% in Denby Park and 14% in the Pleasant Avenue corridor.  Overall juvenile arrests were down 52%.  But the problem is still severe, it affects our children and school safety.  That is why I will ask the city council to establish a task force on youth and gang violence to be chaired by the vice mayor, Anthony Burfoot.

While annual statistics provide a quick, point-in-time snapshot of crime, their greatest value is in identifying trends.  So we should all be encouraged that in the last 10 years overall crime has declined 14% and violent crime by 19%.   This is a positive sign that criminal activity is trending down.  Thanks to everyone with the Police Department  which I’m pleased to say remains at full operational strength – and to their citizen partners for all you are doing to make Norfolk a safer city.

Like other local governments and the private sector, the City has adopted a policy to reduce its impact on the environment.  Last year, we signed on to our State Municipal League’s ‘Green Government Challenge’ and formed a “Green Team” task force of city employees.  Its work has led to an engine idling policy for city vehicles, a “green fleet” policy, tree preservation plans, and energy audits of municipal buildings.

Green building practices are a proven way to reduce carbon emissions and we are incorporating them in our own new facilities.  The Lambert’s Point community center was built to LEED standards, just as our new police precinct, the courts complex and the Slover Memorial Library will be.

Grassroots efforts like the Lafayette Wetlands Partnership are also helping preserve the environment, and they deserve our support.  With help from the city, the Partnership has restored a wetlands area on Knitting Mill Creek, and is actively planning additional projects.

Later this year we’ll kick off a program we’re calling “Celebrate Trees” as a way to encourage businesses, citizens and civic groups to plant a tree for the environment.  All of you will be asked to plant a tree and improve our air quality

Now entering its 13^th year of service to Norfolk, Tidewater Community College is one of our great success stories.  And the campus continues to grow.  Last June, ground was broken for the college’s first student center, a 5-story facility scheduled to open this fall.  In addition to its educational role, TCC has become a nationally recognized leader in workforce development.

On September 5, Old Dominion University celebrated a milestone achievement when the roar from a sold out Foreman Field announced the return of football after a 60 year absence.  The 36-21 win over the Chowan Hawks kicked off a spectacular season that saw Coach Bobby Wilder lead the Monarchs to a 9 and 2 record, the best ever by a first year Division I team.  Coach Wilder is here today along with quarterback Thomas DeMarco and All American punter Jonathan Plisco – so Coach let me ask you all to stand so we can recognize a great first year. And by the way, thanks for the economic boost.

Believe it or not, there really is more going on at ODU than football and basketball.  The university opened a new Student Recreation Center and the second building at Innovation Research Park.

Norfolk State University reaches an important milestone later this year when it celebrates the 75^th anniversary of its founding as the Norfolk Division of Virginia Union University.  Since then, NSU has grown to become a major state university in its own right.  Its campus has expanded with new buildings, and more new additions are on the way.  Last summer ground was broken for the Lyman Beecher Brooks Library – a $34 million signature building that will be the information and academic hub of the campus – and last fall the ribbon was cut on an 85,000 square foot student center.

Under the leadership of head coach Pete Adrian, the Norfolk State Spartans football team returned to its winning ways with a 7 and 4 season.  The Spartans’ year was capped by defensive back Terrell Whitehead being named an All-American – the first Norfolk State player to earn that recognition.

In late summer, our friends at Eastern Virginia Medical School broke ground on their $80 million education and research building.  When it opens, the region’s health care system will get a boost from expanded M.D. and Physician Assistant programs, and from cutting edge research the facility will make possible.

More good news for our health care system comes from Lake Taylor Transitional Hospital, Bon Secours DePaul Medical Center and Sentara Healthcare.  Lake Taylor is undergoing a $25 million modernization and upgrade of its existing facilities, including the addition of a new building.  Thanks to a terrific board and sound management, Lake Taylor has earned a well-deserved reputation for excellent patient care.

Bon Secours continues to move forward with plans to build and open a new 124 bed De Paul Hospital by 2014.  Later this year they will break ground on a new medical building that will connect to the new hospital.  All of this is wonderful news, especially in light of earlier reports of De Paul’s demise.  This turnaround has been led by the new CEO Michael Kerner.

Last month Sentara Healthcare, our largest private employer, was ranked as the most integrated healthcare system in the nation.  Sentara Norfolk General was nationally ranked in the Top 50 hospitals for heart surgery, diabetes and endocrine disorders, geriatric care and kidney disorders.  Sentara Leigh was ranked among the nation’s top 50 hospitals for orthopedic care.

Today, even in an improving economy, State and local governments are weighing policy decisions and budget adjustments that will affect us for years to come.  Potentially damaging reductions in State aid promise to rewrite the historic relationship local government has had with the Commonwealth.  Nowhere is that more worrisome than in education.

If the proposed reductions in State aid are approved, Norfolk Public Schools stands to take a nearly $40 million hit to its budget.  This is catastrophic, and begs the question: Is State funding for public education following in the footsteps of transportation funding?  The city will be called upon to do everything possible to increase our own local funding for the schools.  We are duty bound to do the right thing for our children.

As we look to the future, however, there is much to be thankful for.  Our city has a long and proud tradition of strong and determined leadership . . . leadership that has made Norfolk the business, financial, cultural, educational and medical hub of Hampton Roads.   The city is financially sound, our downtown is growing, and so is our tax base.  We are building new neighborhoods and revitalizing more.  Your city government is progressive, inclusive and diverse a government that values its citizens and employees.

In building a city there will always be more to do, and more that can be done better.  But this should inspire us to look to the future with confidence that we are all moving forward together in a direction that enjoys broad and deep support.

Your enthusiasm and love for this old seaport town energizes me and my fellow members of city council and makes it a privilege to serve you.

Thank you for being here today.  Thank you for all you are doing to build a brighter future for ourselves and our families.

God bless you, and God bless the City of Norfolk.

Councilman Randy Wright, a vocal advocate of the project and Vice Chair of the HRT Board, said:

“For the first time, we know where we are, when we’re going to finish and how we’re going to finish.”

Not so fast. At this point, Shucet is unclear about where the money will come from to pay for $30 million of the project. As I understand it, unless additional Federal and state money can be found, Norfolk will be on the hook for this. Not good for the citizens, especially in light of the forthcoming Virginia budget cuts.

There was letter to the editor in today’s paper, in which the writer mocked Norfolk’s Council. It reads, in part:

EVEN AFTER two years of living in Norfolk, I find it is sometimes hard to listen to the quotes from the City Council without breaking into laughter. They always remind me of Claude Rains in ‘Casablanca’ when he professes shock at finding gambling in the rear of Rick’s Cafe.

Randy Wright says he is ’shocked’ and feigns ignorance when light rail goes over budget by $100 million, even though he is the project’s biggest advocate, sits on Hampton Roads Transit’s board of directors and has been a councilman for 18 years.

Perhaps the writer is referring to this Daily Press article.

Townes said HRT board chairman Jim Wood, a Virginia Beach city councilman, and Randy Wright, one of the HRT board members and a member of Norfolk City Council, who are now calling for his resignation, were aware of the cost overruns that had hit the project. But they told Townes not to go public with them until they could secure state money to help cover them, he said.

Really? But wait – there’s more.

Townes said that he informed state Secretary of Transportation Pierce Homer about the cost overruns and was concerned that any public discourse on them could adversely affect a vote by the Commonwealth Transportation Board last month that cut money statewide, but provided $20 million to the project.

“I notified those two key board members,” Townes said, referring to Wood and Wright.

“When they knew, their decision was to hold that information.” Townes said that Wright, who he said he had a strong personal and professional relationship with, was trying to fire him out of political motivations. “Randy is an elected official,” Townes said. “The taxpayers of the city of Norfolk would tend to hold him accountable,” he said, referring to cost overruns. In interviews during the past two weeks, several members of the HRT board have referred to Wright and Townes as “almost like brothers,” and were shocked to learn Wright had pushed for Townes’ dismissal.

Townes said that Wright had made several requests for additions to the project that added to the cost.

The Virginian-Pilot has been reporting on the light rail situation almost daily for the past couple of months. Unless I missed it completely, I’ve not seen anything that even suggests that Wood and Wright were informed about the cost overruns or that now-former Secretary of Transportation Pierce Homer was informed.  Oh  wait – maybe that’s what was being referred to in this article – the same day as the Daily Press one:

He [Townes] added that officials from Norfolk, who requested enhancements to the project that contributed to  overruns, “bear as much responsibility as HRT for the status of the project.”

Kind of oblique, don’t you think? As one of the Norfolk taxpayers who may be very well be on the hook for $30 million, I find it appalling that the newspaper did not report this information.  If they didn’t want to rely solely on Townes’ assertions, certainly they could have called Horner to verify that portion of it.

Isn’t that what reporters are supposed to do?

Instead, the Pilot has laid it all at the feet of Townes. The letter writer, referred to earlier, said that the blame for Council should lie with the citizens. While I agree that citizens should be more engaged, you cannot hold us completely responsible when the largest newspaper in town doesn’t tell us all that’s going on.  Without transparency in reporting – and we know there’s little transparency in government – we only act on the information of which we are made aware.

The poll reveals relatively little difference of opinion on the issue among Democrats (85 percent opposed to the ruling), Republicans (76 percent) and independents (81 percent).

I’m going to make another guess here: we will see legislation to reverse this ruling. Further, I’ll bet that even the Republicans vote for it.

Oh well. Let the games begin!

* As I write this, the page showing the pictures of the Top 24 only reflect the seven chosen Tuesday evening. I assume that’s because the show hasn’t finished airing on the West coast.

… you represent the latest iteration of an anti-intellectualism that periodically rises in the American character. There is, historically and persistently, a belief in us that y’all just can’t trust nobody who acts too smart or talks too good — in other words, somebody whose “general persona” indicates they may have once cracked a book or had a thought. Americans tend to believe common sense the exclusive province of humble folks without sheepskins on the wall or big words in their vocabularies.

[...]

More to the point, something is wrong when we celebrate mental mediocrity like yours under the misapprehension that competence or, God forbid, intelligence, makes a person one of those “elites” — that’s a curse word now — lacking authenticity, compassion and common sense.

The only problem with Mr. Pitts’ urging is if Palin should run and win. It’s not an America I’d wish to live in.

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Del. Abbitt, a member of the legislature since 1986, serves on the House Appropriations Committee and chairs the General Government subcommittee.  Among the clients of Mrs. Abbitt is the Commissioners of the Revenue Association. Recall, if you will, that the budget proposed by outgoing Gov. Tim Kaine included a proposal to transfer the entire cost of operating the Commissioners and Treasurers offices to the localities. Such a move would likely result in the elimination of those offices as cash-strapped localities simply cannot afford to keep them.*

Next week is Budget Week and by noon next Tuesday, we will learn just how effective a lobbyist Mrs. Abbitt is. Of course, by then, it will be a little too late.

The general rule for ethical behavior is the avoidance of impropriety. The influence of lobbyists on the legislature is already bad enough, but when the lobbyist is your spouse, the smell is worse than the SPSA landfill in Suffolk. While I understand the need – indeed the right – for everyone to earn a living, the General Assembly needs to ban spouses from lobbying the legislature.

~

*No doubt, this is the reason our own Commissioner of the Revenue has been spending so much time in Richmond lobbying; however, her presence there is really proof that perhaps these offices really are unnecessary. Who is minding the store?

From an email I received:

The Coffee Party Movement gives voice to Americans who want to see cooperation in government. We recognize that the federal government is not the enemy of the people, but the expression of our collective will, and that we must participate in the democratic process in order to address the challenges that we face as Americans. As voters and grassroots volunteers, we will support leaders who work toward positive solutions, and hold accountable those who obstruct them.

You can join the Coffee Party via their Facebook fan page.

I’VE BEEN thinking about the subject of race in an ideal society, a world where we talk about race without making everything about race. It’s something I long for, something I once thought was not only possible but just around the corner. I’m no longer sure that is the case.

I grew up in a completely integrated society. I never attended all-black schools, and I never lived in all-black neighborhoods. It was instilled in me at an early age that I could be whatever I wanted to be. There were no barriers — as long as I did well in school and took advantage of the opportunities. I truly believed that for a long time and couldn’t understand why folks my age thought differently. That all changed when I left the government to work in the private sector.

At 25, I came face to face with racism and how deeply imbedded in our society it is.

I will never forget the look of shock on the face of one interviewer at one of Norfolk’s largest private employers when I was being interviewed for the No. 2 accounting job in that company, an interview I had garnered on the strength of my resume as well as a phone call. He finally blurted out a question: How well did I work with white males?

I will never forget the partner in the then-13th largest CPA firm in the world telling me that he believed I could make partner, but that I’d work twice as hard to get there.

So much for that levelplaying-field idea.

Until then, I believed that, as my generation came of age, the old vestiges of racism would fall away. I learned a new term — institutional racism — and its effects on our society’s ability to leave the past in the past.

I began to see that the token black person doesn’t open the door for others; he or she remains the token, only to be replaced by another token. Those who have the power are willing to share only if forced.

So much of racism and prejudice — the two terms are not interchangeable: racism requires power, while prejudice does not — is not even intentional. When a person gets hired, for example, the natural instinct is to go with the one with whom you feel most comfortable, the result being hiring somebody who looks like you.

Working for myself full time for 23 years, I’ve learned that prejudice isn’t one-sided. On occasion I’ve had white people who, upon discovering I’m black, take their business elsewhere. Far more common is the internalized oppression in black clients. Without realizing it, they see blacks (and themselves) as inferior, and nearly every one who leaves me does so for a white CPA.

Parents unconsciously teach their children racism and prejudice, and our society reinforces it. No matter how open-minded one is about race, because it is a part of our fabric, most people succumb to its realities. Norfolk, for example, has a rule that its appointed boards — except the School Board — must reflect the racial makeup of the City Council. My father, a minister, used to say that 11 on Sunday morning was the most segregated hour of any day. For the most part, that remains the case. Outside of work, how many of us socialize with members of another race?

I’m tired of seeing black politicians take advantage of black folk because it’s easy. I’m tired of white politicians taking advantage of blacks in general. I’m tired of seeing natural groups — the poor, for example — pitted against each other simply because of race, a point made by Leonard Pitts in a column The Pilot published this month.

I’m frustrated watching my nieces and nephews struggle with racism and having to talk them through it. I’m tired of reading stories that show discrimination in housing, in lending, in so many aspects that make the mythical “American Dream” an impossibility.

So while it is possible that racism and prejudice will diminish with each generation, I’m no longer convinced that they will be obliterated. There’s simply too much at stake in maintaining the status quo, in staying in this comfortable place where we don’t talk about racism and prejudice and their effects, where we continue to live the lie that everything is OK. We’ve come a long way since the various civil rights acts, but the distance we have yet to travel is equally as far and much more difficult.

At 25, I had hope. At almost 50, I’m struggling to maintain it. But an inclusive world is important, and I will continue pushing to get there.

___________

Vivian J. Paige, a certified public accountant, was co-founder of Norfolk United Facing Race. She writes a blog at http:// blog.vivianpaige.com and lives in Norfolk.

There’s no turning back for Daun Hester: come July 1, she will either be on council as Mayor or off completely. This is the campaign that I’ve always wanted from her, one that calls it like it is and says what needs to change in Norfolk. It’s a tall order – and what better platform to try to change the culture of this city than from the Mayor’s post.

Inclusiveness, instead of exclusiveness. A sharing of the vision, instead dictating.  Hearing all voices, instead of silencing the critics. That’s the Norfolk we all deserve.

Yeah, it’s time.

Merrill Lynch was aware that he was working in New York. As his employer, they were responsible for withholding New York income taxes from his pay. Ford could claim that he was exempt from NY taxes all day long – and Merrill Lynch could have not deducted the taxes. But they would still have to show that the state where the money was earned was NY. That designation on the W-2 would have triggered the state of NY to require a tax return be filed by Ford. The initial announcement – that Ford would have offices in Nashville and New York – doesn’t eliminate the responsibility of Merrill Lynch to designate on his W-2 what income was earned where.

The IRS is pretty clear on what a “tax home” is:

Generally, your tax home is the entire city or general area where your main place of business or work is located, regardless of where you maintain your family home.

[...]

In determining your main place of business, take into account the length of time you are normally required to spend at each location for business purposes, the degree of business activity in each area, and the relative significance of the financial return from each area. However, the most important consideration is the length of time spent at each location.

New York, like most states, clarifies what is resident versus a non-resident but it is clear: if you earn money in New York, you pay taxes on it in New York. The only reason Ford hasn’t filed a NY return is because Merrill Lynch didn’t report it as NY income.

They both broke the law. And somebody should pay. NY should make Ford file returns for the past three years – the statute of limitations hasn’t expired yet – just like they would anyone else. And charge the maximum penalties allowed by law.

h/t Left of the Hill

You believe that love can solve all problems. Love is powerful, and people definitely need more love in their lives.

You love easily and you love often. You believe in unconditional love.

Your heart is giving and willing to put it all on the line. You aren’t afraid to show some love.

Your love life is deep and fulfilling. Because you are able to love so easily, you get a lot of love in return.

What Kind of Heart Do You Have?

First we have a group, the American Legislative Exchange Council, which has been pushing legislation for the favored company, Crown Cork, across the nation since 2006.  It has been successful: 11 states have passed similar bills. Who is ALEC?

ALEC, founded almost four decades ago by the father of the modern conservative movement, Paul Weyrich, includes about 2,000 state legislators as well as 300 companies, such as ExxonMobil, Coca-Cola and Wal-Mart Stores, according to group officials and documents.

Membership costs $7,000 for companies, $3,500 for nonprofit groups and $50 for legislators, said Jorge Amselle, ALEC’s director of public affairs. Fees make up the bulk of its $7 million annual budget, documents filed with the Internal Revenue Service show.

Companies pay $7,000 while legislators pay $50? Hmmm. Speaker of the House Bill Howell is a member. I’m guessing he paid the $50. The Post reports his PAC has received $8,000 in donation from ALEC.  Not a bad return on a $50 investment.

The bill was first introduced two years ago. It failed. It was introduced again last year. It failed. This year?

Howell altered the makeup of the 22-member committee — two Democrats were removed and three open seats were filled with Republicans who backed the legislation, which passed 11 to 9.

That may have gotten the bill out of committee but when it got to the floor, the bill failed again. I hear Howell was quite surprised. And, as I mentioned in my earlier post, some horse-trading took place.  One of those changing their vote was Del. Dave Albo. According to The Post blog:

Albo said the speaker did not ask him to reconsider but several others did, including House Majority Leader H. Morgan Griffith (R-Salem) and the bill’s sponsor, Del. Terry G. Kilgore (R-Scott). He said he was not threatened, but rather he was persuaded to back the bill in order to win approval of his own priorities later in the legislative session.

Yep. Some horse-trading. And those two folks who didn’t vote? I’m hearing they were asked to take a walk.

Our only hope here is that the Senate kills it.

Late Thursday evening, The Post blog reported on another backroom, “sleight of hand” deal, this time about guns. Seems no one knew that a bill to repeal the one gun a month law was being heard in a subcommittee. Is such behavior on the part of the enlarged Republican majority in the House to be expected from now on?

This is ridiculous.

Correction: In my earlier post on the topic, I missed that a third member, Del. Joe Johnson, changed his vote from NAY to YEA, and that Del. Tommy Wright changed his vote from YEA to NAY.

Water damage to a vehicle can cause any number of unseen problems. Brakes, steering and air bags may become unreliable, and mold and bacteria may be undiscovered. The latter pose particular risks to people with allergies, children, and those with compromised immune systems. Many states require that any water damage be disclosed. These bills, according to an earlier report in The Virginian-Pilot, were written without consulting any consumer protection advocates, just auto dealers, insurance companies and auto recyclers – in other words, people who make money off these things.

Can you imagine someone scraping together the money to buy a used car, only to have it be a water-logged lemon?

Contact the members of the Senate Transportation Committee and let them know we don’t want water damaged cars flooding Virginia. Their phone numbers and email address are below the fold.

Chairman – Sen. Yvonne Miller (804) 698-7505  email
Member -  Sen. Ed Houck (804) 698-7517 email
Member – Sen. Henry Marsh (804) 698-7516 email
Member – Sen. Stephen Newman (804) 698-7523 email
Member – Sen. Jon Watkins (804) 698-7510 email
Member – Sen. Phil Puckett (804) 698-7538 email
Member – Sen. Frank Wagner (804) 698-7507 email
Member – Sen. Harry Blevins (804) 698-7514 email
Member – Sen. Creigh Deeds (804) 698-7525 email
Member – Sen. Ryan McDougle (804) 698-7504 email
Member – Sen. Patsy Ticer (804) 698-7530 email
Member – Sen. Ralph Smith (804) 698-7522 email
Member – Sen. John Miller (804) 698-7501 email
Member – Sen. Dave Marsden (804) 698-7537 email
Member – Sen. Jeff McWaters (804) 698-7508 email

Of course, guns in bars – excuse me, restaurants that sell alcohol, since Virginia has no bars – is really not a laughing matter.  I’m sure that someone with a concealed weapons permit is going to walk up to the bartender and tell him s/he is carrying, and only drink non-alcoholic beverages all night. Can you imagine someone going to a sports bar – oops, restaurant that sells alcohol – to watch a game and drink only club soda? Neither can I. Nor will it happen.

I talked to one of the Democratic senators who supports this bill when I was in Richmond a couple of weeks ago. He asked me if I would support it if it was left up to the owners of the establishments. Funny, I told him, you guys didn’t leave the smoking ban up to the owners of the establishment. “Good point,” he said.

Former governor Tim Kaine vetoed such legislation when it passed the General Assembly. Gov. McDonnell has indicated he will sign it. The editorial writer sees a side benefit:

Given the law, it’ll [the one carrying a weapon]be the one drinking club soda. That might put a dent in a restaurant’s receipts, but it’ll do the same for Virginia’s drunken-driving rate. See how that works? With the right marketing, even good sense’s loss can be Virginia’s gain.

Yeah, right.

Tuesday, the House voted on the bill and it was defeated 49-49 with one Delegate, Tommy Gear, not voting.  (There is currently one seat open in the 100-member House.)

But wait!

Someone decided the bill should be reconsidered. (Too bad neither LIS or the floor minutes tell us who it was.) On a vote of 54-43, the House reconsidered the bill. That vote in itself is a little strange: five folks who had just voted against the bill – Dave Albo, James Edmunds, Todd Gilbert, Joe Johnson and Bob Marshall – voted to reconsider it.  Bill Cleaveland, who voted for the bill, voted against reconsideration. Gear, who didn’t vote the first time, voted against reconsideration. Two delegates – Sam Nixon, who originally voted in favor and Algie Howell, who originally voted against – didn’t vote at all.

Anyone sense a little horse trading going on here?

On its second vote, the bill passed 49-48.

Voting in favor this time after voting against were Albo, a recipient of $3,000 of Crown’s $101,033 in contributions, and Edmunds, who has received nothing – yet. Cleaveland initially voted YEA but changed to NAY. He hasn’t received any money from Crown, either.

(Sitting this one out were Nixon, who has gotten $2,500 in contributions and Algie Howell, who has received none. Had these two voted like they did originally, their votes would have canceled each other out, and the bill would have still passed, 50-49.)

I don’t know what really happened here. But it just seems wrong to be passing laws that benefit a single company. Hopefully, the Senate will kill this.

HB 570 – Del. Sal Iaquinto (R-84th) – This bill changes the burden of proof for real estate assessments from the taxpayer to the assessor when the taxpayer appeals their assessment. The bill has passed the House and has been sent to the Senate. At first glance, my sense was that this was a fairly dramatic change to the way a taxing process works – typically, the burden of proof is always on the taxpayer. In a press release last Friday, as well as in a conversation with Iaquinto, I’ve come to realize the genesis of this bill: that some assessors’ offices, unlike Norfolk’s, simply weren’t doing what the law required of them.  From the press release:

Iaquinto’s bill would lift that burden off the taxpayer by simply requiring the government official to demonstrate how the assessment was calculated.  At the same time, it requires little more of the assessor than does current law, since assessors are already required to maintain current property appraisal cards or sheets for all parcels of real estate in their jurisdictions.  Common sense dictates that since the appraiser already has the assessment information at hand, it is the assessor, and not the taxpayer, who should be expected to present such information at an appeals hearing.

Having served on the Board of Review for Real Estate Assessments (Equalization Board) in Norfolk for four years, I know that those records were available. If other localities are not keeping those records, shame on them.

HB 207 – Del. Kenny Alexander (D-89th) – This bill establishes a uniform procedure to be used by all law enforcement agencies in conducting lineups. The purpose is, by establishing such procedures, to reduce the errors which lead to faulty identifications – and ultimately costing the taxpayers when a person is convicted on bad evidence. The case that comes to mind here is that of Arthur Whitfield, whose conviction – based on witness identification – was overturned when DNA proved he did not commit the crimes. According to The Daily Press, Alexander’s bill faced opposition from the Virginia Association of Chiefs of Police.

Dana Schrad, the group’s executive director, said many of the proposed changes are based on “good, solid research about best practices” and are good ideas. Still, she said, police should be free to develop their own policies rather than having a new mandate foisted upon them from Richmond.

So let me get this straight: the proposals are good but they don’t want to be told to use them? Um, how about you adopt the proposals and then there would be no need for such a bill?

Alexander has tabled the bill.

SB 185 – Sen. Ralph Northam (D-6th) – This bill would transfer the management of the menhaden fishing industry from the General Assembly to the Virginia Marine Resources Commission. As I understand it, the menhaden are critical to the health of the Chesapeake Bay.  In an editorial published in Tuesday’s Virginian-Pilot (not available online), Northam makes a strong case for such a transfer, saying that it would “reduce the politicization of the decision-making process,” that VMRC can be “more responsive” in dealing with the issue should an emergency arise, and that it is “is in the long-term interest of all users of the resource.” Northam concludes:

To ensure the economic and environmental sustainability of all marine resource-based industries, management authority over menhaden needs to reside with the body that the General Assembly created to do that for all other species.

The bill has been tabled.

According to The Virginian-Pilot, Quayle voted yea for a rather simple reason:

I just thought it was the right thing to do

Wow. What a concept! Doing the right thing – instead of playing politics – is exactly why we elect these people.  Kudos to Sen. Quayle for recognizing that and being willing to vote in that manner.

By the way – this isn’t the first time Sen. Quayle has broken ranks with his fellow Republicans. Two years ago, he spoke against a cap on real estate taxes, a pretty brave move when you consider that the cap was being touted by a number of Republicans across the Commonwealth as the answer to rising assessments.

Now – can he go over to the House and have a chat with his colleagues there? It would be nice if they did the right thing and passed this bill.

The headline was right, but there was a little problem with the score. Colts 31, Saints 17

I wish!

The story was from the AP so I don’t know whether it was wrong in the story or whether somebody at the Virginian-Pilot messed up. In any case, it’s not Dewey defeats Truman but close

h/t to Saints fan extraordinaire, Blaine Stewart

UPDATE: The Pilot has issued a correction on this.  And you can even download the corrected page

The State Board of Elections provides, for free, software that allows candidates to file electronically. Such filing is, according to the site, “mandatory for all statewide candidates and political committees that raise or spend more than $10,000 in a calendar year.” Note that it is not required for General Assembly candidates – although the site says nearly 90% of them chose to do so – nor for candidates for local office.  I think it’s time for electronic filing of all campaign finance reports.

Unlike those of General Assembly candidates, local candidates who file their reports on paper do so to the local office of the registrar. As the result, if you want to see what a candidate has received or paid out, you have to call the office and request a copy – for a fee, of course – and then go pick it up. The reports of the General Assembly candidates are available on the SBE website. (Note that while the site says that the reports of local candidates who file electronically are also available, I can’t figure out how to access them. The drop-down menu for “office” on this page doesn’t even have local offices listed.)

The Virginia Public Access Project takes the SBE data and gives value-added information to it, making it possible to easily review money in and out. In recent years, VPAP has attempted to add in the information from local campaigns – but can only do so if the candidate files electronically. No way does VPAP, a 501(c)(3)  charitable organization, have the resources to get the information from the local registrars’ offices and re-key all the data. So as we here in Norfolk approach an election in May, our access to information on who is giving to whom, and where the money is going, is severely limited.

The simple answer is to make electronic filing mandatory. (Funny – the General Assembly can impose on tax preparers an electronic filing requirement but hasn’t applied the same standard to themselves.) Put some teeth behind the disclosure idea. Make everyone file electronically. This won’t be an additional burden or an additional cost to the campaigns – after all, they are filing these reports already. Some are even using the free software from the SBE to prepare them and then submit them locally on paper!

I know it’s too late to get this legislation in place for Norfolk’s May races. But it’s the right thing to do and I hope the General Assembly takes this up at some point in the not-too-distant future.

~

Did I mention that VPAP is a 501(c)(3) charitable organization? The service that they provide are invaluable to anyone who follows the money in Virginia politics. But they can’t do it without our help. Every time you access the site, think about giving a few bucks to them.  No contribution is too large or too small. And to our legislators: I’d like to see every single one of them listed as a sponsor every year. To the bloggers who regularly access the site: I challenge you to join me in contributing at least $50 every year to VPAP. (I made my donation over the weekend.) We uses their services, so they deserve our support.

In any event, I’m looking forward to a real football game today. (Last week’s Pro Bowl wasn’t even worth watching. Whoever it was that came up with the brilliant idea to put the Pro Bowl in between the conference championships and the Super Bowl needs to be fired. The Pro Bowl is supposed to show the best of the best, not the best of the rest.)  The oddsmakers have the Colts as a 5-6 point favorite in the game, a result I’ll certainly take If you haven’t done so, vote your pick below.

As always, the poll will close before the 6:25pm scheduled kickoff.

UPDATE: Congratulations to the New Orleans Saints for winning their first ever Super Bowl. They were the better team tonight and earned the win.

Simple question: do you support this bill? Vote in the poll and leave your comments below.

It is my personal belief that allowing gays and lesbians to serve openly would be the right thing to do. – Joint Chiefs Chairman Adm. Michael Mullen

I had the opportunity Wednesday to spend some time with a retired military officer, one whose background and experience I consider unique to the question of the repeal of “Don’t Ask, Don’t Tell.” RADM Tom Ward spent more than 30 years in the Navy, having graduated from the U.S. Naval Academy in 1951.

Recall, if you will, that President Harry Truman, via executive order, integrated the military on July 26, 1948. It did not, however, happen overnight. According to the Truman Library, the Air Force was the first of the armed services to have its integration plan approved – in May 1949 – with the Navy right on its heels the following month. The Army was the most difficult of the services: integration of its troops took approximately five years.

Recall also the role of women in the military. According to this article, women didn’t gain “professional military status” until 1948, when Truman signed the Women’s Armed Services Integration Act. That legislation limited the number of women serving to 2% of the total, the result being that women comprised only 1.4% of the total military in 1970.  Today women account for approximately 20 percent.

Ward was a witness to history, his career having spanned both of these major changes. I was eager to hear his take on Mullen’s remarks, although I have to admit that I was prepared for him to give me an answer defending it. I was pleasantly surprised when he told me he agreed with Mullen.

In our discussion, Ward articulated the similarities between the integration of blacks and women in the military and those of gays. Doing so, he said, wasn’t easy, and he pointed out that problems with women in the military remain today. Like nearly everyone I’ve spoken with on the subject, he acknowledged that gays have always served. He told me a story about a gay group on one of the ships he served on.

Ward honed in on the issue of integrity, part of the Mullen’s remarks, which Mullen reiterated in a tweet after the hearings were over. That is exactly what it is, he told me.

If Ward, who lived through – and participated in – these major changes to the military supports the repeal of DADT, it seems to me that the military should be listening to the likes of him instead of those who only speculate the effects of allowing gays to serve openly.

~

In case you weren’t aware, Virginia Senator Jim Webb, a member of the Armed Services Committee who held those hearings on Tuesday, graduated in the same class as Adm. Mullen – 1968. Webb’s questions/comments at that hearing can be seen here, beginning at about the 3:23 mark and are, in my opinion, disappointing. He basically reiterated his statements in a press release Tuesday afternoon. I happen to know another member of that same class, who told me that he supports the repeal. I’d love to hear from other members of that class and their take on the situation. Right now, it’s 2:1 in favor of repeal.

Oh yeah – and even the architect of DADT appears to support its repeal.

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