Light Rail Concerns of Norfolk State University

1
Light Rail ConcernsofNorfolk State University

• Bobby N. Vassar
• Rector, NSU Board of Visitors
• Carolyn W. Meyers
• President, NSU
• April 4, 2008

2
Overview

• Memorandum of Understanding
• Code of the Commonwealth of Virginia
• By-Laws of the NSU Board of Visitors
• Timeline of Correspondences Meetings
• Concerns Considerations to Date
• Questions and Answers

3
Memorandum of Understanding

• Executed on January 15, 2004
• Signed by Dr. Marie McDemmond (NSU)
• Signed by Dr. Alvin Schexnider (E2F)
• Signed by Mr. Michael Townes (HRT)
• This Memorandum of Understanding may require
  modification in the future and is intended to
  reflect the understandings between the parties as
  of the date of this Memorandum of Understanding.

4
Code of the Commonwealth of Virginia

• Section 23.4.1. Sale or lease of interest in real
  property granted by purchase, deed or gift
  granting of easements
• The boards of visitors or trustees of all State
  educational institutions, with the approval of
  the Governor first obtained, are hereby
  authorized to lease or sell and convey whatever
  interest they may have in real property

5
Code of the Commonwealth of Virginia

• Such boards of visitors or trustees are
  authorized to grant easements for roads, streets,
  sewers, waterlines, electric and other utility
  lines or other purposes on any property now owned
  or hereafter acquired by such boards of visitors
  or trustees, when, in the direction of such
  visitors or trustees it is deemed proper to grant
  such easements. (1954,c.92 1966, c.313 1970,
  c. 166)

6
NSU Board of Visitors

• By-Laws Article VI University President
• 6.01 (c) (9)
• (c) The authority of the President to act on
  behalf of the university and the Board but is not
  limited to, the authority
• (9) to execute documents necessary to
  purchase, sell or otherwise convey interests in
  real property, subsequent to Board approval.

7
Board of Visitors

• Review of the minutes of the meetings of the
  Board of Visitors
• Light Rail mentioned in the finance committee
  meeting of Dec. 12, 2003 and reported as such to
  the full Board as a part of the NSU Master Plan
• According to official minutes the Board of
  Visitors never acted on nor did it approve the
  MOU or the transfer of properties to facilitate
  the MOU.

8
Concerns of the NSU Family

• Its about the University!
• Safety and Security are first, now more than
  ever.
• Integrity of the NSU living and learning
  environments
• Presidential residence the least of these.
• More important facilities potentially impacted
• Softball field - Baseball field
• Maintenance Facility - Wilson Hall
• McDemmond Center - Price Stadium
• Spartan Station - Residence Halls

9
Concerns of the NSU Family

• Evidence of universities and colleges across the
  nation expressing similar concerns,
• Broadly, in terms of campus safety security
• Subject covered extensively in The Chronicle of
  Higher Education, Inside Higher Education, and
  many, many more
• Campus safety and security are covered also in
  national and local newspapers and broadcasts

10
Concerns of the NSU Family

• Specifically, on the impact of light rail systems
  on the campus integrity
• University of Maryland disruption, aesthetics
  and effects of vibrations on research (Washington
  Post Suburban Ed., 01.22.08)
• University of Minnesota preferred route and
  tunnel, vibration effects on research (Star
  Tribune, Minneapolis, 02.28.08)
• University of Washington land acquisition
  costs, mitigating construction noise, protecting
  vibration sensitive research, determining where
  stations will be built (The Seattle Times,
  01.28.00)
• NSUs concerns are not unusual!

11
Chronology

• Concerns raised before President arrived
• Many meetings over the past 20 months
• with the City/HRT.
• Construction started in late January
• February 27, 2008 letter to contractor Bryant
• Certificate of insurance
• Rights of easement and way

12
Chronology

• Meetings and Correspondences
• With HRT officials
• Chronology of meetings and correspondences in
  press kit
• With City officials
• January 30, 2008 - City officials share Vision
  and Discussion document with NSU President after
  the presentation had been publicly presented to
  City Council
• No date for response anywhere on document nor
  mentioned during the meeting
• March 7, 2008 -Email from City official first
  notice of fast approaching a time line
• First indication that there was a timeline for
  response to the Vision and Discussion document
• No firm date included in the correspondence

13
Chronology

• Meetings and Correspondences
• With City officials
• March 17, 2008 -Letter from the City Manager to
  the President
• Formal proposal presented
• -vital that we resolve these issues in order to
  begin the construction phase of the project.
  (Construction began over a month prior to this.)
• No date mentioned for response
• March 18, 2008 -Letter to the City Manager from
  the President
• Support of the Light Rail
• Role of the President

14
Chronology

• Meetings and Correspondences
• With City officials
• March 17, 2008 Letter from the Mayor to the
  Rector
• request that the Board discuss this matter and
  respond as quickly as possible. Under the Light
  Rail schedule, which is mandated by the federal
  funding agreement and our commitments under
  construction contracts, we need to have an
  approval of the right-of-entry at your upcoming
  meeting and then all other agreements by the end
  of April, 2008.
• Specific rights of entry not mentioned
• No mention of specific deadline before incurring
  penalties

15
Chronology

• Meetings and Correspondences
• March 20, 2008 -Letter from the Secretary of
  Transportation to the Rector
• Outlines key dates in project development
• Comments In January 2004, the University and
  Hampton Roads Transit resolved, at a conceptual
  level, the major issues through a Memorandum of
  Understanding (MOU).
• Review of the Board minutes
• legitimate questions about how the University
  plans to develop and provide student security.
• The future of the University and the safety of
  the students are serious charges to the Board of
  Visitors and every agency to the Commonwealth.
• Over the next 2-3 weeks, the station locations
  and designs, and the maintenance facility
  mitigation measures, could be agreed upon by the
  University and the City.

16
Chronology

• Meetings and Correspondences
• March 21, 2008 Meeting of NSU Board of
  Visitors
• Light Rail Presentation
• Rector, Executive Committee, and President
  authorized to negotiate and act on Light Rail
  issues on behalf of NSU
• NSU STILL NOT INFORMED OF THE DATE OF
  PENALITIES!

17
Chronology

• Meetings and Correspondences
• March 24, 2008 - Letter from the City Manager
  delivered by courier in the late morning of March
  25, 2008
• Requests partial right of entry and includes
  supporting documentation
• Includes undated, unsigned letter from HRT on
  fiscal impact
• No date for onset of damages
• consider and respond expeditiously
• No date or time given for a response
• Calls from city and state officials by the end of
  the day requesting execution immediately due to
  impending penalties
• March 26, 2008 - Board of Visitors Executive
  Committee acted on the Citys requests
• No delays originating from NSU!

18
Summary

• Norfolk State University
• supports the Light Rail project and has not acted
  to stop it.
• appreciates the considerations offered to date by
  the HRT/City.
• The NSU concerns are not unusual or
  unsubstantial.
• The HRT/City have been aware of the NSU concerns.
• Ongoing correspondence about security, the effect
  of the Light Rail and VSMF construction and
  operation, impact on the campus, and the like
• HRT/City responded to selected concerns as the
  Record of Decision by the Federal Transit
  Administration indicates April 2006

19
Summary

• Record of Decision -Federal Transit Authority
• Tables of Mitigation
• Page A-24 WT-2, WT-3, WT-7 Water resources
• Page A-26 Wetlands mitigation
• Page A-28 CN-7 Compensation for property
• Page A-28 CN-8 Visual impact
• Page A-29 CN-10, CN-12-14 noise, vibration
• -Page C-26 VSMF no noise impact
• Page C-29 Water drainage
• Page C-31 General Comments
• THESE ARE NOT NEW CONCERNS TO THE CITY/HRT!

20
Summary

• NSU has never been informed verbally or in
  writing as to the exact construction deadlines or
  of the details of the construction contracts.
• It is impossible to respect these deadlines if
  these are not known.
• The Vehicle Storage and Maintenance Facility is
  not within the view of the Presidents residence.
  Go look!

21
Ongoing NSU Concerns

• Safety and Security of the NSU Campus
• Integrity of the NSU living and learning
  environments
• Its about the University!