Economic Development Authority to Revisit Lucas Hotel/Conference Center Funding Proposal

"Bloodied but unbowed," State Senator L. Louise Lucas's Victory Village Business Park hotel and conference center proposal returns to the Portsmouth Economic Development Authority on Tuesday, December 16. The authority will consider a renewed request for Empowerment Zone bond funding of up to $12 million for the conference center and $28 million for the hotel but with a $38 million cap overall. At its July 22, 2008, meeting, a closely divided City Council rejected an earlier proposal by a 3-2 vote with two members abstaining due to actual or perceived conflicts of interest.

Citizens wishing to express support for or opposition to the request should attend the Economic Development Authority meeting scheduled for 8 A. M., Tuesday, December 16, 2008. (For more information, see the Notice of Public Hearing.)

Council Meeting Date Shift Next Week

In a shift reminiscent of the recent change from daylight savings to standard time a week ago, Portsmouth City Council will fall back to meet a day earlier than usual next week. Honoring the Veterans' Day Holiday, which this year falls on Tuesday, council will hold its work session and first regular meeting of November on Monday, November 10. Unless some “sleeper” issue surfaces in the public hearing portion or citizens turn out in large numbers to air concerns during the non-agenda segment of the proceedings, this meeting could be a relatively short one.

City Council "Advances" This Thursday, March 20

City Council "On the Road Again"

Citizens wishing to attend the city council work sessions and regular meeting next week need to reprogram their electronic organizers to ensure timely appearance at the right venues. Although the Monday, June 11, work session will occur in one of "those old familiar places," the Sixth Floor Conference Room at City Hall at 5 P. M., the Tuesday work session and regular meeting will shift to Churchland High School rather than I. C. Norcom, which has been the host for the May meetings. (See the "Date Book" page for additional details.)

Midtown Tunnel to Close for Maintenance This Weekend

From 11:30 PM on Friday, June 1, until approximately 5 AM on Monday, June 4, the Virginia Department of Transportation will perform maintenance at the Midtown Tunnel. For more information, see the online edition of the Daily Press at http://www.dailypress.com/news/dp-now-midtownshutdown.my29,0,1477664.story.

City Council Meetings Relocated to I. C. Norcom

The space that has hosted Portsmouth City Council meetings since 1969 will be receiving a $200,000 makeover during the months of May and June, 2007. In consequence, the I. C. Norcom High School auditorium will become the temporary city council chamber during that time span.

The school board, Planning Commission, and other organizations that hold their meetings in the council chambers will also become "gypsies" as the flooring, seats, lights, computer connections, and television equipment are overhauled, replaced, supplemented, or relocated.

 According to City Clerk Debra White, this will be the first renovation the oft-used chamber has received since it began serving the public.

City Officials Announce Ranking of nTelos Bidders

In response to a citizen query about the nTelos management contract request for proposal (RFP) during the city council meeting last night, Council Member Charles B. Whitehurst, Sr., read from a letter City Manager James Oliver sent him and his colleagues that same day. (See nTelos RFP Results, November 2005 in the "Documents" section of this web site.) An enclosed letter from City Purchasing Agent John Grook ranked the applicants in the following order:

1. Integrated Management Group

2. Compass Productions

3. Harbor Center Joint Venture and Clear Channel Communications (tie)

4. Ma and Pa Productions

This information contradicts the assertion that Harbor Center Joint Venture "was eliminated as a finalist to run the [nTelos Harbor Center Pavilion] in the future." (See "Portsmouth hopes to name new nTelos Pavilion manager soon," The Virginian-Pilot, D1, November 1, 2005.) According to Oliver, a panel consisting of Deputy City Manager L. Pettis Patton, Consultant William H. Luther, and a legal advisor would negotiate with Integrated Management Group for a contract satisfactory to the city. Should it not reach agreement with the top candidate, the panel will enter into negotiations with the next highest ranked bidder. Presumably, the process would continue down the list until the panel arrives at "a contract it can recommend to City Council." Mr. Whitehurst stated that the council would make the final determination in a public process.

Despite slippage in the RFP process timeline, the goal remains to have final council approval by December 31, 2005.

Harbor Center Joint Ventures May Owe City Taxes

As Meghan Hoyer reported in her Virginian-Pilot article, "Audit uncovers nTelos Pavilion tax shortfall", Harbor Center Joint Ventures, the operator of the nTelos Pavilion since its opening, is disputing a bill for taxes it contends it does not owe. In a letter to Portsmouth Commissioner of the Revenue A. James Fillion, HCJV attorney Todd Fiorella argues that the revised management contract of April 1, 2005, "releases any and all claims by either party which arose prior to" that date, including those for unpaid taxes. Fiorella further asserts that "HCJV disagrees with you [sic] inclusion of the corporate box seats and season passes in the calculations for your tax assessment [because] they do not have any ticket value."

Whether or not HCJV wins its argument regarding the tax value of box seats and season passes, the authority of the city to waive unpaid taxes as part of a contractual agreement seems doubtful. Since 1987 three different Attorneys General of Virginia have rendered opinions that, at least from a non-lawyer's perspective, indicate localities, absent a court ruling or a certification of erroneous assessment from the commissioner of the revenue, lack the power to forgive tax obligations.

(See the "Documents" section of PortsmouthCityWatch for copies of the letter from Mr. Fiorella and the Attorney General opinions.)

Council to Return to Camp Silver Beach in 2006

Prior to closing out their 2005 retreat, a majority of council members agreed on Camp Silver Beach as their preferred venue for next fall. Vice Mayor Moody and Council Members Heretick, Psimas, and Smith favored returning; Council Member Whitehurst, who expressed his desire to meet where the Portsmouth citizenry had better access to the proceedings, demurred. Asserting that he was there to serve his colleagues, Mayor Holley abstained. (Council Member Randall was absent on Monday to attend a friend's funeral.) The tentative dates for the 2006 retreat are October 1 - 3.

Council Again "Retreats" to Eastern Shore

The City Council Retreat call letter arrived today announcing that the members of the Portsmouth governing body and staff would again discuss municipal affairs "far from the madding crowd." MapQuest calculates the door-to-door distance between Portsmouth City Hall and Camp Silver Beach in Jamesville, Virginia, at sixty-eight miles and an hour thirty-four minutes driving time.

Any member of the public interested in observing the proceeding, which begin Sunday afternoon, October 2, and conclude Tuesday afternoon, October 4, will incur substantial costs. Hotel accommodations in the the vicinity run from $52 to $66 per day before taxes; the Chesapeake Bay Bridge-Tunnel toll is in $12 each direction (or $17 roundtrip for a same day return if you retain your first receipt); and gasoline is nearly $3 per gallon. The primary concern of the planners of this retreat apparently was not public access to the proceedings.

City LaserFiche WebLink Down Until Thursday

The LaserFiche WebLink system that the City of Portsmouth uses to make various documents available electronically to citizens has, since Friday, been undergoing an upgrade. According to information on the city web site, LaserFiche will remain out of commission until "approximately Thursday, September 15." In the meantime, access to archived copies of city council minutes and the agenda for the next council meeting are inaccessible through city channels.

In an effort to keep the public informed, PortsmouthCityWatch on Friday scanned all the agenda documents into our computer. The complete package is available in the "Date Book" section of our site. Because the larger-than-usual file size of the agenda document will present download challenges to our dial-up patrons, we have also broken it into four sections.

(Heartfelt thanks to City Clerk Debra White and her staff for their invaluable assistance in making this agenda accessible to the public despite the LaserFiche outage.)

Visit City of Portsmouth Web Site to Participate in Parking Survey

As part of the ongoing effort to develop a Downtown Parking Master Plan, the city has posted an online parking survey at its web site. To read about the process and link to the survey, click here. The city has scheduled a public meeting on the issue to take place 6 P. M. on Wednesday, September 21, at the Children's Museum of Virginia.

Portsmouth Community Foundation to Match Katrina Relief Donations

On Wednesday the board of the Portsmouth Community Foundation voted to match the first $25,000 in community contributions received for Hurricane Katrina relief. For more information, please contact Ms. Judi E. Luffman, Executive director, at

Split Council Adopts Rules Restricting Citizen Participation

On Tuesday, August 9, 2005, a divided Portsmouth City Council voted to approve operating procedures that impose new limits on citizen participation in council meetings. Those voting in favor of restrictions were Vice Mayor Moody and Council Members Whitehurst, Heretick, and Psimas. Those voting against the changes to the longstanding procedures relating to the timing, duration, and frequency of citizen addresses to council were Mayor Holley and Council Members Randall and Smith.

City Council Rules of Order and Procedure as adopted August 9, 2005 (497 KB)

Cock Island Race Promotes Pier-to-Pier Networking

Boats filled the North Landing inlet Friday evening in preparation for the Cock Island Race.

Schooner Virginia Open to Visitors This Weekend

Life doesn't always provide second chances, but those who missed the schooner Virginia during HarborFest will have three additional visitation opportunities in Portsmouth over the weekend. The replica of a 1917 pilot vessel will be open to visitors Friday, Saturday, and Sunday at its temporary berth on the Portsmouth Seawall near the east end of the Renaissance Hotel. (See the Date Book for visitation times.)

Visit the Schooner Virginia web site for more information about this tall ship.

Council Meets in Closed Session for Personnel Matter

City Council assembled this afternoon in response to a meeting call issued last Wednesday. Arriving well ahead of the rest was Council Member Whitehurst. Members Heretick, Psimas, and Smith appeared within moments of each other, fashionably early. Making his entrance to the conference room about a quarter hour after the appointed time was Vice Mayor Moody, followed in quick succession by Mayor Holley and Council Member Randall.

The motion to close the meeting cited the personnel exclusion to the Freedom of Information Act. It passed without dissension. When City Clerk Debra White pulled the conference room door closed, only the mayor and members of council remained within.

Discussion proceeded for about half an hour, at which time the vice mayor exited to return a few minutes later with City Manager James Oliver in tow. Mr. Oliver emerged shortly afterwards but went back in with what looked like a legal pad in hand. About a half hour later the meeting concluded with passage of a motion certifying that all proceedings had been in accordance with law.

Although none of the participants commented on what had transpired, the sequence of arrivals and departures suggests that the city manager and council finally agreed on the terms for renewal of the former's contract. It is a subject council may have approached a few times in recent months, but apparently some issue or another stood in the way of its finalization. If this supposition is correct and the agreement is complete, the city should issue an official communication on the subject in the next few days.

Power "Eclipse" Hits Mid-City; Service Restoration Expected by 8:30 PM

The screech of backup power supply alarms announced that something was amiss electrically. In Olde Towne, Portsmouth, though, it was just a momentary power glitch. In fact, everything quickly returned to normalcy in homes and businesses in the east end of the city.

At the intersection of High Street and London and Frederick Boulevards, it was a different story. Police officers on the street substituted for blacked out traffic signals. Gas pumps, automatic teller machines, and other electrically dependent machinery were dormant. The Mid-City BB&T office was closed but not deserted - all the lights were off but everyone was home. A hand-lettered sign explained that they were waiting for the current to flow again. At the Tidewater AAA branch office a couple of blocks away, not even the telephones were working. According to information available at the Dominion Virginia Power web site, about 6,300 customers were awaiting reconnection to the "electron pipeline."

A Dominion Virginia Power representative ascribed the outage to a collision between truck and a power pole near the Shea Substation. As of 4:40 P.M., Dominion anticipated service restoration by about 8:30 this evening.

New Interactive Flood and Property Maps Available at City Web Site

During the Public Work Session on Tuesday, April 12, Special Projects Administrator Fred Brusso briefed council members on a new web-based map system that was due for imminent release. A Geographic Information System, the application shows an array of property-related data laid out over a map of the City of Portsmouth. A toolkit similar to those found in other graphical software for the personal computer allows the user to navigate omni-directionally and zoom in or out to modify the level of detail.

The core application of this system is flood plain data. By selecting a layer corresponding to one of the five hurricane intensities, a site visitor can see how much water might swirl around her house and the adjacent streets during a big storm. Mr. Brusso only illustrated the capabilities up to the Category Three level because, he said, above that, everyone in Portsmouth will be treading water.

To test drive this tool for yourself, visit

City of Portsmouth Web Site, Flood Information page.

(Please note the disclaimers at the site.)

Council Met to Discuss Public Official

When the City Clerk called the roll for the special meeting on Wednesday, April 13, Vice Mayor Moody and Council Members Heretick, Smith, and Whitehurst were in the room with him and Ms. White. The location was not the City Manager's Conference Room, as stated in the call letter, but the Sixth Floor Conference Room. Apparently, another group had previously reserved the latter location; by 5 P. M., however, it had completed its business and freed the space for council to use.

When Council Member Smith read the reason for the closure of the proceedings, he cited the discussion of the performance of a public official. No one in the room demurred during the voice vote, so the remainder of the meeting proceeded with only council members present.

Who Will Be in the Room?

The City Clerk's office dispatched another meeting call letter today. On Wednesday, April 13, city council will assemble for the third day in a row to take up an as yet unspecified matter excluded from the Virginia Freedom of Information Act open meeting provisions.

Of particular interest is the location of this closed meeting: the City Manager's Conference Room. Unlike the Sixth Floor Conference Room, which is adjacent to the City Council Chamber and close to the elevators, the other room is well off the beaten path. Two sets of doors and a couple of corridors isolate it from the foyer. It affords the participants a great deal of seclusion. Any "special guests" have a number of ways to enter and exit without being observed by the general public.

The last time city council used this space for a called meeting was February 14, 2005. The official reason cited on that occasion was "personnel matters," although the rumor was that A. William Reid of Harbor Center Joint Ventures was going to attend to present some important information. A disagreement over the legality of meeting in that manner resulted in the summoning of a deputy city attorney to render a legal opinion. Shortly after the attorney offered his judgment, the meeting adjourned.

Although the call letter states that citizens may not attend the closed meeting, the public does have a right to observe the proceedings leading up to the closure. On at least two occasions recently, meetings that were to have been closed remained open, so the outcome of the council vote may be a surprise.

Correction - Who Was in the Room

In an email received on April 6, Vice-Mayor Moody stated that the participants in the meeting described in the Brief of April 5, "City Gets Break This Year on Hall of Fame Payout," were Mr. Aston, Virginia Sports Hall of Fame Executive Director Eddie Webb, the city manager, Mayor Holley, and he.

American Ref-Fuel Community Meetings Reduced to One

Citizens planning to attend a community meeting on the American Ref-Fuel waste hauling proposal will need to attend the one this Thursday, April 7. According to Ms. Debra White, Portsmouth City Clerk, the two other meetings announced at the last city council meeting and publicized in the Virginian-Pilot are no longer on the docket. Thursday's meeting will be at I. C. Norcom High School, 1801 London Boulevard, and starts at 6:30 P. M.

Ms. White explained that due to other council commitments, including attendance at the Teacher of the Year award ceremony, the two other meetings previously set for April were being postponed. Based on citizen interest in Thursday's meeting and developments with the American Ref-Fuel proposal to New York City, council may schedule additional community meetings later this spring.

The progress report that City Chief of Staff John Maher distributed at the work session is available below.
Developments Relative to American Ref-Fuel as of 5 April 2005 (27 KB)

City Gets Break This Year on Hall of Fame Payout

Council Member Whitehurst wanted to know where in the FY 2006 Operating Budget to find the half million dollar operations subsidy to the Virginia Sports Hall of Fame. After a bit of page turning in the budget book, Chief Financial Officer Lance Wolff explained that it did not have its own line item but was lumped in with other expenses. What no one asked during the public work session was where the $400,000 payment toward construction costs was. The memorandum of understanding Mayor Holley, Vice Mayor Moody, and Council Members Randall and Whitehurst approved in August 2003 committed the city to $2 million in construction cost assistance spread over five years and annual operating support of $500,000. (See item 03-278 in the City Council Minutes of August 12, 2003.)

In a brief interview following the work session, Mr. Wolff stated that in late March, he and City Manager Oliver had met with Mr. Robert Aston, the President of the Virginia Sports Hall of Fame Executive Committee. Citing success in the private fundraising effort, Mr. Aston offered to let the city skip this year's construction contribution. Mr. Wolff was uncertain as to whether that was a permanent release or a deferral. In either event, the agreement relieves the city of one significant obligation in a year when others loom.

City Budget Book Available Online

The FY 2006 Budget Book is now available at the City of Portsmouth web site:

FY 2006 Budget Book link

The handouts from tonight's public work session on the FY 2006 Operating Budget are available below.
Agenda, Budget Ordinances, and Fund Summaries (60 KB)
Aid to Civic Organizations (33 KB)

Divided Council Approves nTelos Contract Amendment

With only a handful of citizens in attendance this evening at a special meeting of city council, a majority of council members voted to accept the proposed modifications to the nTelos management contract intended to get the 2005 season underway without threat of litigation. Mayor Holley and Council Members Heretick, Psimas, and Smith voted to approve the deal; Vice Mayor Moody and Council Members Randall and Whitehurst voted to reject it. All five of the citizens who spoke at the meeting also opposed the revisions.

All three new council members voted for the revised contract. Yet, neither Mr. Smith, Ms. Psimas, nor Mr. Heretick seemed enthused at the prospect. In fact, when the initial discussion came to an end about an hour and forty-five minutes into the proceedings, a long moment passed between the time the mayor asked for a motion and the time Mr. Smith offered it. The situation seemed painful for all involved.

The next challenge for the Portsmouth city management team will be identifying funding for the agreement. The initial outlay is slightly under $1 million (the equivalent of just over three cents of the real estate tax rate) with an additional exposure of $300,000 to a bit below $1 million, depending on the outcome of arbitration. Finally, financial responsibilities the city has agreed to assume, including insurance costs, and consultants' fees could add as much as another $1 million to the price of the settlement.

For more detailed coverage, see Meghan Hoyer's story in the Virginian-Pilot, "Deal saves nTelos Pavilion season."

(Check the Portsmouth Channel listings over the next few days to see what the air times for the special session might be.)

Initial Budget Proposal on City Television and Web

The budget proposed by Interim City Manager James B. Oliver, Jr., at a public work session on Monday, March 21, is now available on the city web site and below. The city version has five separate pieces: the transmittal letter from the city manager, images of the slides shown at the unveiling Monday, and summaries of revenues, expenditures, and capital improvements. The PortsmouthCityWatch version excludes the slides but combines and bookmarks the other components.

Portsmouth Channel 48 (WGOV-TV) is currently airing the manager's presentation daily. Consult the broadcast schedule in the WGOV section of the city web site for the times.

Budgets typically evolve between the time of their initial proposal and final adoption. City council will begin meeting to review the document in more detail beginning Tuesday, March 29. (Check the "Official" page of PortsmouthCityWatch for announcements of additional meetings.)
FY 2006 Budget Summary (199 KB)

American Ref-Fuel Proposal Comes to Council Tonight

At last night's public work session, Council and SPSA Board Member Charles B. Whitehurst, Sr., announced that SPSA had voted that morning to negotiate with American Ref-Fuel, a company seeking a contract to handle a portion of the New York City solid waste, for a mutually beneficial contract. Tonight Portsmouth City Council will consider its own resolution to authorize the city manager to design a 20-year legal agreement with American Ref-Fuel that will serve the best interests of our city. A final contract, however, is not under consideration for tonight's meeting.

The handouts from the work session last night, an executive brief and a preliminary resolution, which may change based on council member comments, are available for download below. Citizens who want to express their views on this matter during the council meeting this evening should contact the City Clerk (757 393-8639) for information on signing up to speak.
American Ref-Fuel Briefing 7 March 2005 (42 KB)

Portsmouth Considers Trash Transshipment Proposal

As reported in the Virginian-Pilot this morning (page A-1), Portsmouth City Council at its work session Monday night reviewed a proposal to host a household solid waste transshipment facility. The documents distributed at that presentation are available for download (see below).

Council Member Ray Smith recommended inviting citizens to accompany Council Member Charles B. Whitehurst, Sr., the Southeastern Public Service Authority (SPSA) board member from Portsmouth, and a delegation of city staffers to tour a similar facility in New Jersey. The trip will occur on Wednesday, March 2. Interested citizens, particularly those from neighborhoods which may feel the effects of these operations - Brighton/Prentis Park, Cradock, Truxton, and West Norfolk - should contact John Maher, Chief of Staff, today at 393-8641.
American Ref-Fuel Package (1.9 MB)

Vice Mayor Announces First 2005 Community Meeting

In the closing moments of last night's city council meeting, Vice Mayor William E. Moody, Jr., announced that the first community meeting of 2005 is scheduled for Brighton Elementary School on Tuesday, January 18. The main theme of the meeting will be the city's legislative proposals to the 2005 session of the General Assembly.

Council Discusses Economic Development, Land Sale, and Road Improvements

At a little after 5 P. M. this evening, with Mayor Holley and Council Member Smith not yet in the city manager's conference room, Vice Mayor Moody and Council Members Whitehurst, Randall, Heretick, and Psimas voted to meet in closed session to discuss:

• an economic development project for downtown not previously announced to the public

• a road project in the Churchland area

• transfer of public property in a north-side neighborhood

• legal matters involving negotiations for property

In addition to the five members of council, Interim City Manager James Oliver, City Attorney Timothy Oksman, Deputy City Manager Eric Campbell, Chief Financial Officer Lance Wolff, City Engineer Richard Hartman, Planning Department Head Robert Baldwin, Economic Development Director Steve Lynch, City Clerk Debra White, Assistant to the City Manager Regina Harrington, Legislative Liaison Scott Demharder, Communications Department Head Ken Wheeler, and Portsmouth Redevelopment and Housing Authority representative Kathy Warren were present after the door closed to the public.

The only hint as to specifics of the discussions was a poster board map of Park View that Ms Warren brought with her to the meeting, which suggests that the public property under consideration for transfer may be in that north-side neighborhood.

City Attorney Stonewalls on Reason for Closed Meeting November 8

On Wednesday, November 3, Portsmouth City Watch received notice that the Mayor had called a closed meeting of City Council for Monday, November 8. When PCW asked the City Clerk under which of the allowable exemptions from the Virginia Freedom of Information Act (personnel matters, acquisition of real property, or pending litigation) the Mayor was convening this meeting, she referred the inquiry to City Attorney Timothy Oksman. Mr. Oksman responded, ''The exemptions will be announced in the motion prior to going into a closed meeting." Those curious about the nature of the business that will come before council out of public view should stop by the city manager's conference room on the sixth floor of City Hall at 5 P.M. Monday or to check this space later that evening.
Call for Closed Meeting November 8, 2004 (11 KB)

New Council Doing Business in the Tried and True Manner?

In a rare Monday evening Public Work Session, City Council tonight received handouts naming the location for the upcoming retreat. It was a rather hush-hush procedure for an open meeting. The sheets went around the table, but City Communications Director Ken Wheeler was not offering any verbal cues about the location. Only the enthusiastic response from a council member made the location a part of the public record.

Not that long ago Council routinely "shipped out" twice a year to other locales for these combined work-and-recreation sessions. When they were in the minority on council, Members Moody and Whitehurst agitated to bring the retreats home to Portsmouth and touted their success on that issue as one of the reasons to reelect them two years ago. At tonight's meeting, though, they offered no demurrer from the idea of going "On the Road Again."

So, the next council retreat will be on the Eastern Shore. With a one-way toll of $12 (with a  a reduced rate for same-day returns) and gasoline prices near $2 a gallon, the likelihood of many citizens attending seems quite low. 

(Please see Your Turn! for responses from Vice Mayor Moody and Council Member Heretick regarding this item.)

City Hires New Chief Financial Officer

At the City Council Public Work Session on Tuesday, July 13, Interim City Manager James B. Oliver, Jr., announced that he had hired Lance W. Wolff to fill the vacancy created by the resignation of Lee Dumbauld as Chief Financial Officer. For details, visit the City of Portsmouth Web site and read the article titled "Wolff Appointed Chief Financial Officer."

Bridgeford and Daniels Take Top School Jobs:
Moody Elected Vice Mayor

This evening a divided, but not fragmented, School Board voted James Bridgeford and Elizabeth Daniels into the Chair and Vice Chair positions. On five-to-four "up or down" roll call votes, each drew undivided African American support and a deciding "aye" from a European American colleague: Byron P. "Pete" Kloeppel's, in Bridgeford's case and Elizabeth Hudgins', in Daniel's.

In contrast a unanimous City Council selected William E. Moody, Jr., Vice Mayor. Whatever the subsurface tensions from the competition for that job, council let none of it show during and after the public selection process.

Drew Terry, a member of the City's Military Affairs Committee, has asked me to let you know that [U. S. Third District Representative Robert C.] Bobby Scott will be making a campaign kickoff appearance at Paddy O'Brian's [612 Court Street] on Wednesday, June 30, at 3 P.M. The public is invited.

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