The Old Axiom is True, Everyone Does Have an Opinion

     Ms. Dougherty, as an ordinary citizen, and a resident of the 23451 zip code it is with little reluctance that I take issue with your opinion piece which was published in the Virginian Pilot, October 10, 2012. As a member of the Fourth Estate it is incumbent upon each journalist to broadcast the spot light on an individual with an even judicious beam. As stated in the title of your essay you know very little of this private turned public individual yet you seek to fix him in a few tawdry formulated phrases. For example, in your initial paragraph you have egregiously labeled the councilman as a “bland”, yet when he ceases to be you call for his resignation. What occurred in that corner of the Shadowlawn a few Saturdays ago is an activity which resounds with relative frequency from Seatack to Bayside, from Pungo to Kempsville and throughout America; nothing more than a husband and wife exercising their First Amendment Rights as free born citizens of the Untied States of America. Since you invoked the term, one of the most exalted of all hillbillies, Larry Flint, was told by the highest court of this land that the right and practice free speech, no matter how unpopular, is absolute. This decision incidentally was advocated for and supported by the most elite individuals within your industry. Finally, the pontificating tone of your article requires that you yourself look to the Book of Samuel. David for his sin is not framed historically as romantically as Hollywood would paint him, but the lesson here is that despite his wicked shortcomings David was allowed to serve his people. Understanding it is of little consequence to this citizen whether the councilman stays or goes and it certainly in this instance should not be up to a reporter seeking to get their byline, picture, and title above the fold, but the electorate. I do not liken this situation by a salt marsh to that of a biblical epic and neither should you. What we should do is let a state of affairs which resides between a woman and a man lie with them and if need be eventually with the judicial system itself and look towards more substantive issues  to sensationalize, sell newspapers, and create a buzz.

A simple, stuttering, sheppard might do.

 In chapter 18 of the book of Exodus, we are told that Jethro, priest of Midian and Moses’s father-in-law, arrived at the mountain of God where the nation of Israel had camped. Upon seeing his son-in-law judge the people from morning to night Jethro sought counsel with the onetime son of Egypt and advised him that he select able bodied men to help him rule over his people lest he and his people waste away. The world has turned a few times in the centuries since those desert people camped at Sinai, and we in the United States wrestle with our unique form of representative government. As with the regularity of the seasons in our nation, the populations blessed franchise is foretold by sprouting roadside campaign signs and negative television advertisements financed by various political action committees which now have no contribution limits that spin each others opponent as an evildoer hell bent on destroying our standard of living, cities and nation. Each party will attempt to identify their causes attempt to win your vote by finding the latest  “Joe the Plummer”  to prove that anyone can achieve the American dream, or a senior in a wheelchair who will plunge headlong into a wretched Dickensian lifestyle as a result of draconian budget cuts initiated by the idle rich. Recent history in our national arena has shown our elected representatives to be at their best to be mired in gridlock and divisive behavior when working “across the aisle” and often within the dealing of their own party. It is with results such as this in mind that we as a constituency need to focus on what enables these governmental bodies to narrow their focus and legislate solely to their base. Systemic apathy, low voter turnout and disinterest in holding these individuals accountable to not only their party, but each community as well has allowed our politicians to pander to limited segments of our population centers and allow people believe that they can vote themselves rich. Each party will wrap themselves up in a particular view of the American vision and hearken to names such as Regan, Kennedy, and Truman in an almost Orwellian fashion to evoke feelings of patriotism. It is with this in mind that we need to go about our work and come to terms with the fact that we are facing a crucial time and even more dire circumstances with this upcoming election. It is of utmost importance that we comprehend the idea that for the foreseeable future, everything is on the table. Higher taxes and fewer entitlements will be the manner in which this country will reduce its debt and grow our economy. Instead of yearning for heroes of our recent past and perhaps heed some solid Old Testament advice of Jethro and search for moral able bodied individuals to assist with the business of the nation and come to the conclusion that instead of man made idols to operate our government, for now perhaps a simple, stuttering, Sheppard might do.

Welcome Real Housewives of Summer

            Having transitioned from winter to the cusp of summer, most of us at the oceanfront are executing plans laid at the end of last season to maneuver our interests whatever they may be through the all important 17 weeks that lie directly ahead. Each owner has made the necessary improvements to their properties and has bet the seasons business and in essence the years profitability on their capital budgets. Every cook, desk clerk, server, and bartender is excited about a time when scheduled hours are more than plentiful, personal bills are paid on time, and the more experienced ones put some cash aside for colder weather, while all managers secretly await the calendars advance to September 29^th.  Much like a fresh morning snowfall that presents an endless array of opportunities to an awakening child, so do the ensuing months tantalize business owners with hopes of return visitors laden with coin of the realm for remuneration of services rendered. We are on the verge of another exciting weekend in the world’s largest resort city, wealthy with national caliber musical talent, the Navy’s Blue Angels, and thousands of additional visitors to be bused in from out-of-the-way areas. This weekend will be followed by many more with seemingly continual waves of never-ending nameless guest’s spending money and writing online reviews of our city, her hotels, restaurants, and nightspots.  In a few months, the childlike fascination that some initially gazed on the summer with will surely be replaced with distain as our visitors continue to play out their vacation fantasies on a shoreline which to them is alien  for 51 weeks out of the year. Therefore as business operators and thus at all times ambassadors of our great city, we must remember to  keep our eyes on the end result which is not only profitability, but positive reviews that will generate return business and thus strengthen the local tax matrix. With these thoughts in mind, let us then pause for a moment and contemplate the real reason why people come to the oceanfront; women, without whom not one of us would occupy the planet. With great fortitude, men young and old congregate corners of the boardwalk, crowd into local bistros and bars just to view lovely Lycra clad ladies or to retire  from their company until it’s time to return home. As I and my compatriots are living proof, even the biggest idiots in the world are lucky enough to have in their lives a female that for some reason loves them. Consequently as we move towards that crucial time of year of supposed profitability and the outwardly unending river of carbonated malted barley and hops flows with shots of liquor and countless outdoor music events on most corners of the boardwalk (which is really concrete) cause celebration, let us take time from our busy personal schedules and reset the mullet count to zero while extending a most sincere welcome to the real housewives of summer and their families.



Lessons Learned From a Strip Club and a Church

Sometime during the second term of Ronald Regan, an ever increasing mind-set of intolerance began gripping the nation’s way of doing business. At a time when MTV proclaimed that video had killed the radio star, a trickle of individuals who claimed to be moral and in the majority began to push back against what they deemed as the freewheeling life style attributed to the 1970’s. After twelve years of Regan and George Bush the first, momentum as in nature when an object reaches an arc began to swing in the opposite direction with the Clinton Administration acting as the catalyst. Momentum moved in the opposite direction again during eight years of  George Bush the second and further reversed itself when a Junior Senator from Illinois took the Democratic nomination from Hilary Clinton and then the Whitehouse avoiding a potential double oligarchy in America. As the Republican Primary races drag on with potential presidential aspirants sniping and tearing at each other’s character instead at that of the present administration, it appears as if the Democratic Party may hold the Whitehouse yet again. During each successive move to and fro, the tolerance of the victorious administration and their subsequent power brokers has appeared to become less forbearing towards their vanquished foes and thus their constituents. This less than magnanimous attitude which both parties have exhibited has manifested itself in wasteful government spending, budget gridlock, and unwillingness for small business to invest due to inability of our elected officials to reach civil agreements.

A few hundred yards from the largest Naval Master Jet Base on the East Coast is a diminutive stretch of Potters road where there exists and example that would inspire and motivate both houses of the Senate. Nestled around the corner from machine shops, ceramic lawn ornaments, automotive repair and separated only by boat storage subsists what could not be possibly two more divergent neighbors. St. Mark’s AME and Mermaids Gentleman’s Club co-exist on a small plot of land at this end of the city without a disruption of city council meetings, traffic gridlock, and as any resident of the south end of the resort area can tell you, air traffic at Oceana runways still occur around the clock without fail. It with great earnestness that I invite President Obama, Harry Reid, John Boehner, and the seemingly obstinate Eric Kantor to round out the field for what would be the President’s second, “Beer Summit”.  One could only imagine as the quartet of learned gentlemen from up north swill suds and take shots near the tramp walk during amateur night forging a job stimulus package or come to a debt reduction plan during a wet t-shirt contest balancing the nation’s budget for all time. As I am sure that other souls have done this illustrious band of elected officials, these temporary employees could then set the bottle down and stroll a few hundred yards across the parking lot to confer with the Right Reverend Vernon L Ricks. As the wizard from the mythical land of OZ, perhaps the Reverend could bestow such gifts on our weary travelers from the North such as courage, a brain, a heart, and a desire for compromise. Avoiding the obvious comedic analogies that could arise from such a visit; we should all raise a glass to civility.



In the Big Game of Finance Virginia Beach Taxpayers, Educators, and Public School Students Hold no Trump Cards







At the beginning of the month, February 2012, Virginia Beach School Superintendant Dr. James Merrill launched the latest salvo in an ongoing war with the City Council of Virginia Beach. The good Doctor’s blatant public presentation was delivered with an amount of shock and awe that would make General Norman Schwarzkopf rise and take notice. Having its desired effects, Merrill’s budget cuts which would stop transportation to academy classes, discontinue junior varsity sports, halt organized middle school sport programs, terminate teaching and support positions, and suspend summer school programs; (an announcement that in my day of public school attendance would have been cause for celebration), but in this millennium would impede students from moving forward in their chosen programs, put Council on the defensive in a high stakes game of public opinion blame.

            The relationship between the school system and those honorable men and women of our city council has proven at best to be rocky. Vice Mayor Louis Jones’s  recent proclamation last January that the School Board was saturated with tax funds tucked into various accounts in an attempt to avoid the eyes of council audits can in no way be conceived as a love tap or even an invitation to have coffee. Later that year, more fireworks erupted when the city appropriated an $8 million dollar surplus from the school system to build a new animal shelter along Birdneck Road and a recreation center in the Bayside area. The issue presently at hand is a long standing revenue sharing program between council and the schools which grants the school system a 51.3% share of seven revenue streams while leaving the remaining 48.7% for the coffers of the city. The proposed budget for the school year 2012-2013 will leave our school programs in the neighborhood of $39 million short on expenses. In retrospect, the appropriation of around $41 million in school budget surpluses by the city over the past three years has proven to be extremely unwise. The major question at hand here is does a branch of government have the right to bank a budget surplus or should that money be returned to the income stream?

            In the coming months, the city will finalize its budget plans for the 2012-2013 year. In these days of declining municipal revenue streams and overtaxed matrixes, our council will need to refrain from capital projects that are glamorous and simply concentrate on what they were elected to do; which is providing basic services to its constituency. Much like the proverbial drunken sailor which every saloon owner covets but each bartender secretly loathes, the city has overextended itself by spending tax revenues on partnerships on the 31^st street corridor, studies on a convention center style facility at 19^th street, and right-of-way on Norfolk Southern railroad tracks to further the cause of light rail just to name a few. The Council cannot allow unbridled spending to deprive the future of the city to receive substandard school experiences. Simply stated, education is a product that each city sells.  If, as a Municipality, we wish to attract the kind of growth that will propel us into an economic powerhouse, the product of education that we offer our citizens must exceed any experience that we provide tourists, a quality trip for future light rail riders, or cyclists who wish to traverse scenic Shore Drive. So as a certain property tax increase will thwack the citizenry to “solve” our present crises our representatives should rethink the high stakes game of bravado and blame. If bluffing and gambling on education in the resort city is to be a standard way of doing business in Virginia Beach, perhaps council should champion the cause of gaming at the oceanfront in order to pay for our elected official’s appetite for remaking the city.

It Aint Heavy...It's My Lightrail?



Norfolk & Southern



     In the spring of 1898, the Norfolk, Virginia Beach, and Southern Railroad, which operated the rail transit from Norfolk to the oceanfront, completed work on a new Currituck Division extending through the lesser end of Princess Anne County.  Within two years, the parent line was reorganized as part of the Norfolk and Southern and the branch came to be branded as the Munden Point Line. Munden Point Park over in the middle of Creeds is as distant as a city park can be, however the scenic stretch of land off Princess Anne Road along the North Landing River was once a lively diminutive railroad center.  In April of 1927, gracious living debuted in the city when what is now known locally as the “Old Cavalier” opened its doors. Approximately 13 months prior Mayor Tyler of Norfolk, who gained fame as being the first American to congratulate Charles Lindbergh for his transcontinental flight, spoke at the ground breaking of the hotel, later as Al Jolson and Soppie Tucker sent congratulatory telegrams to the property on its opening. The Norfolk & Western Railroad’s new gasoline powered train named, "The Cavalier”, commenced its maiden passage from Cleveland Ohio to Norfolk Virginia; its aphorism was, “The Cavalier to The Cavalier”. In no time at all, even more guests arrived to Virginia Beach from the Midwest in June of that year when a Norfolk & Western Pullman coach visualized nonstop travel from Chicago to the Cavalier’s private railroad station.  The world’s largest resort city, much like the rhythm portion of a Johnny Cash recording session, is no stranger to the cadence of a rail road locomotive.

            Over the last two decades we in the Tidewater area have faced new economic constraints. These regional restrictions have appeared in the guise of a needed third crossing to the Peninsula, aging passages through the Elizabeth River, congested interstate ramps, as well as the ever increasing gallon of gas and have led us to review the burden of our commuting Northern Virginia brethren as well as our love affair with independent personal transportation. Light rail transit (LRT) is a form of urban rail transportation; the term is typically used to refer to rail systems with rapid – transit style features that usually use electric cars operating mostly in private rights of way separated from other traffic but sometimes, if necessary, mixed with other traffic. After much study and discourse, the voters of the city of Virginia Beach rejected a referendum in November of 1999 that would connect downtown Norfolk to the oceanfront. Furthermore, the Virginia Beach City Council approved at the time a 10 year declaration disavowing furthering the cause of LRT within the city limits. Years march on, as years tend to do, and in the 12 ½ since, a “town center”, which is nowhere near the center of town has emerged, populations have increased, and an ever escalating amount of traffic seems to clog our roads. In addition, since the expiration of their declaration, the learned City Council unanimously voted to purchase the right-of-way on more or less 18 miles of track extending from the east side of Newtown Road to somewhere around the intersection of Birdneck Road and Norfolk Avenue, with the proviso that the cause of LRT be advanced. This purchase was funded with $10 million from tax payer money and an additional $30 million in matching funds. Make no mistake about it; The Tide will roll into the City of Virginia Beach. At this point, it is simply a matter of when and in what form that it will do so. With the limited parking in the resort and town center areas, the benefits to the city will be realized in higher tax revenues from increased retail and restaurant sales along future routes due to amplified pedestrian traffic as well as reduced vehicular traffic on city thoroughfares.

            In August of 2011 LRT began operating in Norfolk 1 year late and about $100 million over budget. Michael Townes, then HRT director, was asked to step down from the position while receiving a full severance package and his replacement was hired at a mere $40,000 per month, a deal that I would not dare attempt to negotiate with my employer, with a mandate to restore financial integrity to the system. In addition to delays and financial over runs, many businesses in the city of Norfolk were forced to close during the lengthy construction of the infrastructure for The Tide. As we at the beach move forward with the inevitable, it is expected to anticipate such delays and cost over runs. A quick search of any city in America which has instituted such a transit system will show that these cities have experienced setbacks and extra expenditures. It is with these thoughts in mind that our elected officials need to go about their work on this matter. Bringing LRT down existing tracks should not pose much of a logistical challenge for city planners. What will be of issue will be the final entry point of LRT into the resort area and what streets will have stops to allow for loading and off loading of riders. When contemplating these final questions the city, in order to observe propriety, will have the unfavorable task of determining where these stops will be, in front of whose businesses these riders will assemble, and furthermore which if any businesses will be forced to close during construction and for how long. Our Council and City Manager will do well to learn from the recklessness of our illustrious neighbors to the west. In the end we will all just have to remember; “it ain’t heavy…it’s my lightrail.”







When Captain America Shows up with a Keg of Beer



The first Saturday of each February, arriving at work hours earlier than my routine generally allows for in anticipation of wondrous events is actually standard procedure. As I rounded the turn from Fifth Street to Atlantic Avenue, the eagerness of what my immediate future would hold was intensifying. After unlocking the doors, turning on the lights, and reviewing scheduled employees my gaze turned toward the door and as perceived earlier the vision before my eyes was no apparition. It was indeed Captain America with a keg of beer. Being in the hospitality industry the question, “how can I help you”, exited my lips without hesitation. The keg asked, “Do you mind if we come in?”, (right away from its brogue, I could tell that it was a domestic infusion; yet of the finest sort), Captain America then spoke, “You see we need a place to leave our stuff while we run the 5k and we do plan on spending the day in your restaurant until we jump in the ocean… soon all of our cohorts will be here.”  Obliging the Captain, not wishing to disturb the ferment of the brew and realizing the temperature of the ocean, I invited them in for some warmth and refreshment. In 2012, the City of Virginia Beach witnessed its 20^th Polar Plunge to benefit Special Olympics Virginia. Some early accounts have placed the funds raised for this cause at over $1.12 million this year making two consecutive years with over $1 million in donations. With great vision the event has grown over the last few years to a full weekend adding a 5k run as well as a Friday and Saturday tented nightly ocean side celebrations to further this noble cause and support Special Olympics Virginia.

            The City of Virginia Beach needs to realize what an opportunity it has in this event to create a festival week in February. Elected officials from the city who can visualize a purchase of rail road track rights to further the cause of light rail without consent of the constituency, demolishing buildings on the corner of 17^th street and Pacific Avenue, and remaking the 31^st street corridor (all tales for another time), could certainly imagine a week-long winter festival to jump start the ocean front economy at the beginning of February highlighted by a parade, a high school boys and girls regional basketball invitational tournament to be played at the Virginia Beach Convention Center, a restaurant culinary and bartending competition, a fishing tournament and a punctuating black tie event on the final night of the week.  Potential benefits would be realized from increased taxes raised on improved room nights, restaurant and shop revenues. By further partnering with Special Olympics Virginia to attract more corporate sponsors, Virginia Beach can reap additional revenue, help ocean front businesses increase sales during a time of the year when they are so desperately needed, and further assist Special Olympics Virginia by creating a week long Mid-Atlantic event.

When Amendments Collide



Sun rise on seventh street



                                                                        

Prohibition was repealed in 1933. More than allowing the sale and consumption of alcohol to become legal once more, The Twenty First Amendment which repealed the exclusion of alcohol in The United States unwittingly set basic constitutional rights on a collision course with one another. In striking down the Eighteenth Amendment to the Constitution and not allowing for a national policy of alcohol control the Roosevelt administration inadvertently placed at odds the time honored doctrine of Federalism and the right to free speech as represented by the First Amendment.

 There are currently 21 monopoly states in the U.S. The term "control state" is popular but ambiguous, since each state controls and standardizes the sale of alcohol to some degree. Only 21 states are monopoly states, and the term "control state" frequently refers to these 21 states in particular. The extent to which this monopoly extends differs from state to state. The Commonwealth of Virginia is one such control territory. Among its many duties, the Virginia ABC enforces conformity over a legally licensed establishment’s ability to advertise any special related to alcohol regardless if it would pertain to draught beer or first growth Bordeaux. Until recently, a licensee could only publicize a feature involving alcohol within its four walls not visible to a potential traffic outside the business. This “four walls” approach has recently been amended to allow an operator to affix to their structure in lettering no larger than four inches any alcohol special that they wish as long as these specials conform to Commonwealth standards having an undesirable result of changing the exterior look of the building. Interestingly enough, this “four walls” approach extends to cyber space. A business which is a legal license holder in Virginia may not advertise any happy hour special on a company web site or social media page as operated by the organization. Not only does this regulation prohibit a restaurant in a resort area from reaching potential out of state visitors where this type of interaction is legal, but it allows the Commonwealth a dangerous precedent to determine over what a resident may view, purchase, sell, or participate in over the internet. A May 31, 2008 article in The Virginian Pilot, states that,” State Alcoholic Beverage Control Department officials say the happy hour regulations, like others the agency enforces, discourage overconsumption and bridle bad behavior, such as drunken driving. Curtis Coleburn, ABC's chief operating officer, said that spreading the news on selling beverages at lower than the customary prices entices customers to drink more. "It remains in society's interest to curb the abuse of alcohol, and ABC is the primary state agency assigned to the task," Coleburn said.” Oddly enough in March of the same year, a Federal Judge in Richmond overturned the states pronouncement banning advertisements of happy hours in college newspapers and online citing that a violation of free speech had occurred and that a ban on this discourse did little in the way of promoting temperance. Strangely enough, Coleburn still emphasizes that provisions in the law still allow the Commonwealth such regulation. In America, it has long been held that free speech is an absolute right of the people. It is also implicit that the citizenry has a responsibility commensurate with that right; the old axiom states that, “one cannot yell fire in a crowded movie theatre”. Fairness dictates that I state that my working relationship with the Virginia ABC has been one of partnership as opposed to divergence. At every turn our agent has been available to answer questions, hold employee training seminars if need be, or to council on matters. It is with great earnest that the ABC makes each licensee aware of their underage buying program, a schedule by where each business is tested by underage agents attempting to purchase alcoholic beverages.

With truly the interest of the public at heart, the ABC has a sincerely daunting task. It is with faulty logic nonetheless that this bastion of regulation proceeds to go about its vocation. By restricting the right of free speech, the Commonwealth of Virginia assumes that it will stop binge drinking, prevent drunk driving, and prohibit those who are underage from consuming alcohol. This assumption is at best erroneous. This tactic will do no more to stop these phenomena than banning for example a magazine to anyone under the age of 21 in Virginia because it has an advertisement for wine or Captain Morgan; or forcing stores that sell beer to place all beer behind an enclosure available for view only by those who are old enough to purchase it. The time has come for Virginia to realize the that  misguided policy of forbidding legally approved liquor license holders the ability to advertise legal specials to the public will not change social behavior one iota. Those who abuse such a right will eventually lose their license due to greed and abuse of their responsibilities. The commonwealth cannot be allowed to legislate temperance through the denial of Constitutional rights.

Saving Virginia Summers







 Since the days of the London Company in 1607 and throughout her history until this day, Virginia has chosen to carry the moniker of a Commonwealth. Truth be told, any state could be labeled as such and there would be no revocation of constitutional benefit for any inhabitant. Today Virginia still maintains the status of Commonwealth to remind us of our past links to Cromwell in the role of Lord Protector as well as remembering that our founding fathers fight of a distant disconnected government’s one size fits all approach to the day-to-day affairs of its people. At present Richmond is as the crow flies some 90 miles from her coastline of Virginia Beach, however centuries away in realizing the needs of the constituency and their economy. As the General Assembly moves again to have a uniform start date of schools throughout the commonwealth prior to the Labor Day Holiday. As unfamiliar as Parliament and King George were with their colonists needs and desires, Governor McDonnell backs a plan to start schools which receive state funding prior to a holiday which is known to be the make or break time of year for all merchants in the resort area. This special labor pool comprised mainly of young men and women of High School age occupy an integral niche of each of these merchants business plan. This youthful workforce can in some instances comprise 20% of a schedule team. It is incomprehensible to believe that what is useful in Danville or Loudon over the Labor Weekend could be as equally beneficial at the coastline in South- Eastern Virginia. So as Republicans take control of the current General Assembly and Democrats either make speeches about fairness or introduce bills to empower the Virginia ABC to sell marijuana, please allow your voice to be heard within this august body. Let this incarnation of The Virginia General Assembly become aware that their residents and business owners in the extreme South- Eastern part of the commonwealth require public schools to commence after the Labor Day holiday.