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May 5, 2008
 

A Question of Fairness

To PortsmouthCityWatch:

I'd like to take a moment to correct a glaring error in yesterday's Currents in an ad which states, "Citizens objected to Z-07-01 and were ignored."

The ad leaves the impression that all the incumbents currently running for reelection to council ultimately voted to pass the rezoning of property on Airline Boulevard. This is far from the truth: There were two votes at two council meetings as is the custom in these situations. On the second vote, Councilman Ray Smith changed his vote and the re-zoning was defeated.

Far from ignoring citizens, Councilman Smith (and others mentioned in the ad) met with the citizens from the neighborhood most likely to feel the impact of the rezoning, not once, but several times. I know this because I volunteered to mediate, and I helped set up the meetings and attended them. After his final meeting with those citizens and conversations with the developer, Councilman Smith decided to change his vote. This decision was made prior to the council meeting where the second vote was held and was in direct response to citizens' voices.

I explained all this loudly and clearly to attendees at the Long Point Civic League forum two weeks ago, and discussed the series of events with Mr. Ellis and Mr. Carroll. I was, therefore, quite surprised to see the manipulative efforts of a group they are connected with ignoring the truth and misguiding the public in their ad. It begs the question: How honest would such people be once elected?

Councilman Smith's willingness to spend countless hours working with the citizens on this and other issues, his concern for all the citizens of Portsmouth (not just the loudest), and, above all, his integrity, prompted me to offer my time and energy to help in his re-election. He is a good, honest man and has worked tirelessly to make Portsmouth a better place for us all. I hope you all will keep that in mind when visiting the polls tomorrow.

Terry Danaher



April 25, 2007

Why I Can Support the Level of School Funding in FY2008 City Budget

(In an "Opinions" column on April 24, 2007, PortsmouthCityWatch "assigned" the mayor and council members the task of justifying a $7.1 million allocation to Portsmouth Public Schools for FY2008 rather than the $9 million that the funding formula would have provided. Only Council Member Douglas Smith completed the assignment. In the interests of stimulating civic dialogue, we have posted his thoughtful, well-written response.)

To PortsmouthCityWatch:

I am happy to help you understand the logic I am using to make very difficult budget choices. As you have heard me say before, Portsmouth is a city with a long track record of deferred maintenance and deferred investment. Pick your topic - public facilities, public infrastructure,
employees, neighborhoods, education, public safety and the list goes on. All have been under funded to significant degrees. Catching up with these investments will take many thoughtful budget cycles and a sound economic development strategy.

I appreciate and support the priority that has been placed upon education these past three budget seasons. I will readily admit that I am not qualified to do as you ask and "review the attached proposal that the School Board approved on March 22, 2007, and indicate which expenditures you consider wasteful or unnecessary and explain why you think so." Nor is that my task. Council's task in a budget season is to evaluate all of the needs I mentioned above and more, and prioritize as we think appropriate. I am comfortable that Council has made Education a tremendous priority this year. Whether we approve the $7.1 million increase or the $9 million increase, we will be investing nearly $50 million from the operating budget in education this year. That will be $18 to $20 million dollars more than 3 years ago. That is substantial. I would ask you as an opinion leader not to minimize that commitment or trivialize it in a lapel sticker.

Whether you agree or not, let me give you the logic behind the $7.1 million increase as I see it. In January the Superintendent appeared before City Council. I actually asked him to break down how he would spend a $9 million increase. According to my notes he said: $4 to $5 million on teacher salaries; $1 million for benefits and the rest to - a child care lab, science pathways, a Spanish program and then capital projects. While I was not here for previous budgets, I believe the commitment and focus has been on teacher salaries. It would appear that $7.1 million more than covers the salaries and benefits for continuing to address that need. Is it enough - no, but according to the handout from the education association we have made a huge impact on teacher
salaries. Are the programs that will not be funded worthwhile? I am sure they are, but we are a city of limited means. This is where the difficult decisions must be made.

As a community we are very fortunate that the real estate market of the last few years has afforded us the ability to make and fulfill such a significant commitment to education - a commitment that will be recurring. However, the homeowner in Portsmouth is in a difficult position. We cannot ask the homeowner to keep funding these increases without some relief. I am sorry we are struggling to give homeowners a larger cut than $.08. I am not anxious to reduce that cut to $.05. I am pleased that we will be continuing to cut the rate in at least the next two cycles.

Frankly, my biggest disappointment in this year's budget is public safety. If I felt like we had an "extra" $2 million, I would advocate investing that money in the long term career plan for police and fire. I am hopeful we can do just that next year.

The more appropriate question for Council is not where would we cut the school's budget, but where would we cut our own. Last week according to my notes you picked parking, Bide-a-Wee, and the Sports Hall of Fame. I actually do not believe the demand is there today to make the garages self sustaining. I have asked that we re-examine the parking fees for Harbor Center. That may be a step in the right direction. I disagree with you on Bide-a-Wee. In my mind investing in Bide-a-Wee was the key first step in revitalizing the Victory Crossing area- a revitalization effort that is far from complete. We must continue to control quality there at least in the foreseeable future. As for the Sports Hall of Fame, the flip answer would be - that ship sailed before I arrived. The reality is we cannot simply walk away from that commitment. In my mind you have not found $2 million for education or public safety either.

I am keeping an open mind and listening. Those are my thoughts and the logic behind them today.

On my honor - I have neither given nor received help with this exam. Perhaps it shows

When will you be posting our grades? Will 100% of our grade be based upon the final exam?

Doug Smith
Portsmouth City Council



April 12, 2007(updated April 23, 2007)
 

Order, Please, Mayor Holley!

I am proud of the many positive changes our new City Council has achieved. As a long-time  observer of Portsmouth government, however, I am becoming increasingly concerned by theMayor Holley at budget work session Mayor's inability or unwillingness to maintain order at City Council meetings. In several recent meetings, an emotional issue has prompted citizens to speak at length with anger and personal attacks upon members of the Council and other citizens. This conduct violates the Council's rules, but the Mayor refuses to enforce those rules. The result is a disorderly mess.

If the Mayor is really thinking about running again next year, he should at least demonstrate that he is still capable of performing his job by running City Council meetings in an orderly and respectful way. The Mayor should refrain from attacking citizens who disagree with him, and he should not allow speakers to attack individual members of the City Council and each other, no matter what. I hate to see our City being run down this way. We may disagree on things from time to time, but we may never be disagreeable in doing so.

Helen Person



September 7, 2006

Consider Health and Environmental Issues in Trash Port Assessment

I wanted to thank the citizens of Portsmouth for hosting a public meeting on Tuesday, 9 September [at the Cradock Civic League], and for inviting Mr. Hatfield and Ms. Felicia Blow of SPSA to participate. Several members of other cities participated and spoke to members of your community before and after the meeting. Clearly, Portsmouth has an important decision ahead. As you consider the trash port decision with New York City trash, remember the health and quality of life of your citizens. I spoke with a young scout who attended tonight's meeting. As you think of the young people you know, perhaps they should be on your mind as you hear promises of money that Portsmouth might receive. Balance that in your mind against the environmental risks and uncertainty of those pulling the deal together. One of your residents passed out an info paper tonight. Covanta was mentioned in the paper for numerous violations. Two examples:

  • In 2004 EPA named Covanta as contributory to pollution along a 17-mile stretch of the Passaic River in northern New Jersey (SEC 10Q filings)
  • the Virginia Air Pollution Control Board charged Covanta in 2001 with excess emissions at its municipal waste combustor in Alexandria. A fine was imposed (Virginia Department of Environmental Quality)
Thanks again for the public invite to your civic league meeting.

Charlie Ferguson



August 4, 2006

No Trash Port for Portsmouth

I agree with the points the following flyer makes about the inadvisability of the proposed Covanta trash barge handling facility in Portsmouth.

No More Trash flyer (15 KB)

Pam Kloeppel



July 6, 2006

 Another Side to the Garden of Prayer Story

(The following letter from Council Member Ray Smith, Sr., appeared in the Virginian-Pilot, on Thursday, July 6, 2006, in abbreviated form. With Mr. Smith's permission, PortsmouthCityWatch has published a longer version of his letter.)

The Honorable Ray A. Smith, Sr.I believe as a member of the majority who voted against the use of the Washington Street property as another church, it is high time some matters are set straight. First, let it be known that it is with the greatest of trepidation that I type this response. Even though the major disputed legal issues are over and done with, the misinformed editorial staff appears to have had the last word.

The four majority Council members have no regrets or apologies for the position we took. It is unfortunate that things couldn’t be avoided. As elected officials we represent the citizens who put their faith and trust in us as leaders to represent their best interests. In this case it was the interests of a community we stood for and protected.

As a lifelong resident of the city, I can personally recall the problems frequently experienced by those on South Street when major events occurred at the old Garden of Prayer Temple. During those times parking, late hour services, and overflow of worshippers wreaked havoc on a smaller density of residents. Along comes development, houses are torn down, and even more constructed. The leaders of the Garden of Prayer wanted to expand. There was nowhere to go. They relocated to Norfolk where they constructed a sanctuary three times the size of their church on Washington Street.

Will the Chases experience similar obstacles [in reopening the church]? Yes, they will. The difference this time is that community, city, and church will work together to avoid unnecessary problems. Could this have happened in the beginning? Maybe yes, and maybe no. Now it is being forced on the community, and that shouldn’t be the case.

The Pilot has not printed the fact that there were actually two other legal opinions given besides the city attorney’s. The city attorney recommended one of the attorneys. Both [outside] opinions clearly indicated that the city had a strong enough case to defend. So you see, it was actually 2 [legal opinions] to 1 in favor of defending [the action council took].

[The issue] could have been worked out long before now if council had remained together communicating with one another. The minority once again was on the losing end of the selection of the attorney to defend the city. There was so much hate and discontentment toward the chosen law firm by one of the minority members that it precipitated the demand for a separate attorney. The judge dismissed [the minority] as parties [to the suit], but they continued to insist on having separate representation. There was no need to bring another law firm into the eventual melee of lawyers. Thus, the wall went up, and no real progress was made, until both sides agreed to began settlement talks. Everyone agreed that this could be an option. A simple majority (which is frequently the process) had authority to authorize the talks. Public land disposition issues, however, require more than a simple majority for final approval.

In no way were we violating the plaintiff’s rights under Federal law. Especially when we advocated for the use of one of our local schools for worship services in the interim as well as repeatedly offering to find another location for their church. Going to trial, I believe we would have prevailed. But that would have meant even more time and money spent. It was time to stop the bleeding on both sides.

You indicated that Councilperson Psimas led the effort to broker a deal. You are again wrong. I recommended to Council that Councilperson Psimas accompany me to participate in the discussion as a representative from the minority side. Sensing that the entire process had reached a stalemate due to the minority members claim of no input, I initiated the talks with the Chases, requesting that no attorneys be involved. We both worked together to conclude the final settlement with the Chases.

In retrospect, I will admit, I would not have switched my vote. I believe we were protecting our citizens. I would stand with the community again if I thought they had legitimate claims. We have a right by law and city code to approve or disapprove land uses. This also protects our city and citizens. This matter needed to be resolved sooner rather than later. After personally meeting with the Chases and learning that they sincerely wanted to be good neighbors and establish a relationship with the community and city, I bought suggestions back to the full council. It was after that point that council empowered us to meet and work out another settlement agreement.

In my opinion there are lessons to be learned by all council members for the future. First, we have the right and authority to determine land use. Religious organizations fall under those same rules and codes. Secondly, Councilpersons must work together as duly elected representatives for the people without allowing personal differences, attitudes, and preferences to override sound judgment. [Finally, we must remember] that we are councilpersons first, not lawyers, engineers, business persons, developers, etc.

To the Pilot, please make it a goal to get all the facts before you render your opinion. I know this can be difficult when legal matters are involved. But after it is over, you have an obligation to seek those facts before you broadcast your opinion. In my opinion, you missed the ball on this one. This represents the accurate events. This is my personal view, however, which is not necessary shared by my colleagues.

Ray A. Smith, Sr.
City Council Member


May 24, 2006

New Courthouse: Is It within Our Means?

Why do we need a "Palace of Justice"? I did a Google search "Court+Metal+Building" and came up with numerous "hits". The new court house could and more importantly should be done for less. We (the City of Portsmouth) must learn to live within our means.

Dan Evans



April 30, 2006

Picking School Board Members

My interest in the Portsmouth School Board is not at all new. As a very involved parent, former teacher of Social Studies and Gifted Education, and as a local businessman, I strongly believe that any city can never be stronger than it's schools. We continue to dramatically drop our student enrollment (hence our economic support from the federal and state governments). We continue to have our dual retention problems (not retaining enough of the good teachers and administrators and being unwilling to NOT retain the weak, incompetent, and corrupt.) We repeatedly under serve our most gifted students in deference to improving SOL scores. We continue to ignore the studies that show smaller class sizes AND smaller schools produce better and higher scoring students.

I am somewhat disheartened that more candidates did not come forward to run for the school board. It is a difficult position, unquestionably underpaid in relation to City Council positions, and has been marred by racial and personality conflicts for a number of years. Nonetheless, it is the most important elected official in regard to the real future of Portsmouth. I have not been as active in the campaign this year as I have in the past. I have, however, attempted to do my homework in regard to the candidates, and I have certainly reached my decisions as to for whom I will vote. In that I have been asked by a handful of people for my recommendations, I will put them out there. I am not interested at all in any explanation as to why I will not be voting for any candidate. There is enough negativity out there so that mine is not needed! I will tell you who I am voting for and why, and only request that you give these candidates your serious consideration. I never would expect or desire that anyone replace their own judgments with mine.

I believe that Linda Ridenour has been the absolute prototype of what a school board member should be. She is in the schools on a very regular basis, talking to teachers, administrators, and students. She knows what is going on and has consistently spoken up as the voice of the people. She has not been intimidated by antagonistic board members, the media, or administrators. She understands the dynamic that the School administrators work for the people under the leadership of the elected school board. She has not shied away from taking an unpopular stand when she knew in her heart that she was doing that which was right. Four more school board members like her, and we would have that "world class" school system that we like to talk about! If ever an incumbent has earned a repeat performance, it is Linda.

I have known and been a friend of V. Pat Burns for a number of years. I feel that I know her heart, and this is a good woman. I have had the occasion to go to appeal to many of you over the past years for financial support, etc., for students who were seeking to better themselves through furthering their educations in spite of great obstacles. Pat is probably one of my least affluent friends, but she has ALWAYS answered the call, and has never questioned what was in it for her. When I have had the need for an extra pair of hands, hers have been available. I greatly value Pat, and feel that she can have a strong positive impact on the school board. I have never known her to make any decision based upon race, religion, or social status. She demonstrates common sense, and she truly listens, a highly valuable and somewhat rare commodity on our school board. I will be pleased and proud to cast one vote for her on Tuesday.

I had the opportunity to get to know and work with Jim Hewitt in the last election. Jim and I are of very different political beliefs, at least on state and national issues. I am not without my concerns as to his open-mindedness in some areas. What I do not question is the sincerity of his convictions and his desire to seek that which is best for the children of Portsmouth. As a young parent, he certainly has a vested interest in our doing the right thing by our children. He has made commitments to pursuing a level of excellence for all of our children, not just those who are needed to meet the schools accreditation requirements. I believe that Jim will be open to looking at creative methods of reversing the trend of parents taking their children out of our public schools. I will be voting for Jim, and request that you give him your consideration.

There are four seats available on the school board. I have made three recommendations. Those are the three candidates for whom I will be voting. It is not necessary to vote for four candidates, but that is a decision that you have to make. I thank you for giving me your time and consideration to read what I have to say. Regardless of the outcome, may we all hope that the incoming board will find more harmony and will consistently make their decisions solely on the basis of what is best for each and everyone of our precious children in Portsmouth. They cannot vote. May we educate them effectively, so when that is no longer the case, they will have the knowledge and wisdom to do it well!

Wayne Potrafka



April 23, 2006

Even More Facts

In response to the April 20 input from Ms. Ann Thomas, I would request a peek at the articles she quotes. I'd like to add them to my collection, which currently occupies six notebooks and a file box of newspaper articles, meeting minutes, reports, memoranda, letters, and miscellaneous documents pertaining to the nTelos Pavilion.

I spent the last two years pushing city council and management for better management and oversight of the Pavilion--you might say I've "spent my share of time around city hall"--and I never, ever came across anything in print about Mr. Reid investing $2 million in the pavilion. While I have no doubt that Mr. Reid originally proposed a significant investment in this public-private partnership, as early as January 1999, former City Manager Massie said that "the details of public-private partnership have not been decided but that the City and Rising Tide Production were favoring an arrangement of public ownership of the facility and private management." (TheChesapeakeBay.com, January 1999, "Portsmouth, VA Announces New Riverfront Project.") 

Doug Smith was quoted in the Virginian-Pilot  (June 8, 2000) as having said that "...Reid and his Virginia Beach-based production company, Rising Tide Productions, were 'uniquely qualified' to operate the performing arts center." This was in part a response to SFX wanting to bid on the project and being denied the opportunity. Needless to say, Mr. Smith was proved wrong on that particular point, which might show a lack of judgment but is a far cry from having "presided over one of Portsmouth's worst fiascos [sic] ever."

I am also curious about the $6 million figure Ms. Thomas quotes. My records show that the cost of the pavilion went from the original $5 million proposed by Reid for a simple open-air theater, to $8 million after the City expanded the project, to $10 million and then to $13 million. (It's cost much more than that, ultimately.) I have never seen a $6 million figure quoted anywhere, so I'd like to see what I missed.

In fact, in the March 14, 2000, council meeting minutes you can read the following:

"Motion by Mr. Moody, and seconded by Mr. Whitehurst, to adopt the following resolution, and was adopted by the following vote:

'A RESOLUTION APPROVING A PLAN OF FINANCING WITH THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF PORTSMOUTH, FOR THE CONSTRUCTION OF AN OUTDOOR PERFORMING ARTS CENTER AND RELATED FACILITIES, INCLUDING AN AUTHORIZATION TO MAKE A GENERAL OBLIGATION GUARANTEE IN A PRINCIPAL AMOUNT NOT TO EXCEED $10,000,000 TO SUPPORT OBLIGATIONS TO BE ISSUED BY THE AUTHORITY FOR SUCH PROJECT.'"

The vote was unanimous to adopt the resolution.

And in the January 23, 2001, minutes:

"Motion by Mr. Moody, and seconded by Mr. Whitehurst, to adopt the following resolution, and was adopted by the following vote:

'A RESOLUTION OF THE COUNCIL OF THE CITY OF PORTSMOUTH, VIRGINIA, AUTHORIZING A MAXIMUM AMOUNT OF $11,500,000 IN GENERAL OBLIGATION FINANCING FOR REDEVELOPMENT PURPOSES.'"

That particular $11,500,000 included "an additional $3 million general obligation guarantee to the IDA for the additional amount of bonds needed to fully finance the [Performing Arts Center] project."

The vote was again unanimous.

And finally, at the May 15, 2001, public work session (emphasis mine):

"Motion by Mr. Moody, and seconded by Mr. Whitehurst, to go into Closed Meeting pursuant to provisions of Section 2.1-344(A) of the Code of Virginia, to discuss or consider the following:

    employee personnel matters, as per subsection 1; and

    the disposition of public property, as per subsection 3. The subject property is the Performing Arts Center."

When the open meeting resumed, Councilman Robinett made a motion, seconded by Mr. Benn, "that Council express its approval of the proposed Agreement for the Performing Arts Center that has been negotiated by our management team..." The motion was adopted by unanimous vote. That vote gave us the famously unenforced contract that we all came to know and love several years later.

For what it's worth, I don't think that the idea of a performing arts center, where we were supposed to have a permanent home for Portside and special community events, was a bad idea. Had I been on council, I might have voted for it myself, but I would like to think I'd have been curious enough about the return on investment to keep track of what was happening there. And I'd like to think that I would have ensured public access as promised to the citizens in return for their support for the project.

If there's one candidate out there hammering away on accountability, it's Ed Forlines, so guess who'll be getting my vote? Ms. Thomas and others taking his comments out of context and pretending that those quotes represent his views is politics at its worst and an insult to the citizens of this fine city. I recommend that anyone who wants to know what each candidate actually stands for visit their websites, look at their past behavior, go to the next public forum (Thursday evening in Cradock) and maybe even give the candidates a call. Then vote on May 2 for responsible, accountable leadership.

Meanwhile, Ms. Thomas, I'd sure love to see where you got all your "quotes"!

Terry Danaher

P. S. "Watchdog" is one word, and this watchdog's site is the only one around that gives all of us a chance to express our views--or rants--unedited. So thanks to Mark and Martha Ann Creecy for helping to make it possible.



(Updated June 29, 2006)
April 20, 2006

 

Facts Count, or Do They?

Your recent uttering's on the upcoming election leave me puzzled. Having spent my share of time around city hall, if you are, as you say, the watch "DOG" for the people, then you should be fired for failure to perform. Looking through my news articles of the day on NTELOS, I have an article in which candidate DOUG SMITH "also known as the former Director of Economic Development & Deputy City Manager of Portsmouth", announcing that Mr. Bill Reid is going to be the city's partner in NTELOS to the tune of $2,000,000. The same article quotes Mr. Deputy City Manager  Doug Smith stating that NTELOS would cost the taxpayers $6 million. I have later articles announcing that Mr. Reid's contribution is ZERO, and that the cost is now $13 million.  I cannot believe that a self proclaimed WATCH DOG would let his apparent personal views cloud the facts that Doug Smith presided over one of Portsmouth's worst fiascos ever. I also invite you to source article in which then Councilman William Moody spoke out against the cost over runs and the City's (Doug Smith & Company's) lack of oversight of the project. In closing, sir, I can only say that your WATCH DOG DUTY IS SELECTIVE. 

As for Mr. Forlines, I appreciate the article that was run in the Currents on his support of trash. It is hard to refute one's own words. 

As for you, I say it is time to get a new Watch Dog. What a shame that this service that you say you are providing is not on the ballot. From the people I speak to, you would be the night's big loser as you have in the past on election nights. 

 
Submitted from portssail@aol.com and represented as the opinion of Ann Thomas, this is a counterfeit from an as yet unidentified source.


July 22  2005

Support Appointive School Board Referendum

An effort is currently underway to obtain enough signatures on a petition to have a referendum in the November general election regarding the Portsmouth School Board. The question will be "Shall the method of selecting the school board be changed from direct election by the voters to appointment by the governing body?"

You may ask, "Why would we want to give up our right to elect candidates?" Because they have not been held accountable since we shifted to an elected school board. We need to start with a clean slate of professionals. The school board, as it stands right now, is so locked into hating each other on irrelevant issues that they have lost all focus on what really matters: our kids' education and Portsmouth Schools. We need to replace the current board that is bent on dividing the city instead of serving the public's interest. Current and past boards have created a counterproductive culture, and they have not been held accountable. Our school system, our city, and our students have suffered. For almost 10 years we have endured in-fighting, special and personal interests that have created division and discontent in our city. Portsmouth needs to look forward and unite to provide the best opportunities for public education. Making City Council, the governing body, responsible for appointing members to the school board, as has been done in the past, will return accountability and a professional demeanor from school board members.

Approximately 5600 valid signatures are required on the petition by August 10th in order to get the question on the November ballot. There is not a lot of time to accomplish this task. We are asking Portsmouth business leaders, civic leagues, citizen groups, and citizens who are not currently assisting us to contact us by email (click below) or by phone at 735-1937.

Douglas and Mandy Eames



(Updated June 29, 2006)
3 July 2005

Old Glory Needs No Artificial Protections

Hooray for Congressman Bobby Scott, and jeers to Congressman Randy Forbes and Congresswoman Thelma Drake on their recent votes on the Flag Burning Amendment. Someone needs to remind Mr. Forbes and Ms. Drake and their Republican colleagues that we live in a country where our flag isn't being burned. Old Glory isn't being burned in our country because our citizens respect it for what it stands for, not because some politicians trying to wrap themselves in the flag passed a law. Those millions of brave Americans who have died in the defense of liberty and the values that our flag stands for would turn over in their graves knowing that politicians feel that we need a law to defend Old Glory. Republicans seem compelled to drag out this unneeded and unwanted legislation whenever their poll numbers begin sliding. They need to unwrap themselves from Old Glory and get to work on finding solutions to the real problems in our country. Thank God, flag burning isn't one of them!

Submitted from mwr567@aol.com and represented as the opinion of Bill Russell, this is a counterfeit from an as yet unidentified source.



April 21, 2005

Council Should Support FOP Pay Proposal

Portsmouth is a fine, very livable city, progressing and improving against a great number of challenges. One of our most daunting challenges is in overcoming the negative perception of Portsmouth as an unsafe community. This perception handicaps the City’s efforts in economic development and residential redevelopment; restraining us from being a community of choice.

Our Police Department has a well-earned reputation of being highly trained, competent and professional. The Portsmouth Police Department has lost over 140 Police Officers in the last 5 years. At a cost of over $70,000 each to train new Officers, the bill to Portsmouth taxpayers is well over 9 million dollars, money we can ill afford to expend in such an unnecessary manner.

Our City Council can change this by instituting a pay plan that will allow our Police Officers to progress within the ranks with an assured future, leading toward Officer retention rates that will save Portsmouth Citizens millions of dollars in the next few years.  There is no pay plan currently in place that allows our Officers to progress in their careers with the Portsmouth Police Department.

City Council has the unique opportunity to both solve an important problem and save millions of taxpayer dollars by adopting the FOP's proposed Career Officer Plan. Failure to act will cost us additional millions of dollars in Officer training, result in higher crime rates and add one more issue to the ever lengthening list of Council missteps. Portsmouth City Council members, please do the right thing and support our Police Officers by adopting the Career Officer Plan.

Ed Forlines



(Updated June 29, 2006)
April 3, 2005

nTelos Settlement Likely to Shortchange Necessities

Far from being applauded for voting for a new nTelos deal that is going to cost Portsmouth taxpayers millions, the recent votes by four members of the Portsmouth City Council fly in the face of logic and border on malfeasance. I say malfeasance because it is now revealed that our elected leaders have no idea where the money is going to come from. Well, since the trees I see around town only contain leaves and no money, my guess would be the millions are going to come from money that could be used for our communities. Come budget time, my bet is Messieurs Holley, Smith, and Heretick and Ms. Psimas will all join in the same refrain when citizens come before the city council with requests to correct drainage problems, build more recreation facilities, boost pay for our underpaid police officers . . . , and the list goes on. The refrain, of course, will be that we fully understand your plight, but we are a fiscally challenged city, and over 50% of our property is off the tax rolls. Woe is us. 

I for one thought the house cleaning that took place last May would mean a change in this kind of logic. Apparently, the saying "fool me once shame on you, fool me twice shame on me" is now in play, a sad turn for the citizens of Portsmouth. On top of a bad decision on stuffing more of our tax dollars into the pockets of HCJV (aka Bill Reid and company), this foursome also does not want to look into how the city got into this mess to begin with. Rather than hearing sweet music, I hear a real sour note for the citizens of Portsmouth. Perhaps a recall effort needs to be started so the house can really get the cleaning it so desperately needs.

 
Submitted from mwr567@aol.com and represented as the opinion of Bill Russell, this is a counterfeit from an as yet unidentified source.


April 1, 2005

An Open Letter to the Members of Portsmouth City Council

I can't begin to imagine your sense of déjŕ vu all over again. It seems that every week for the past few months you've gone into a meeting with City officials and been told what wonderful people the City has been dealing with all these years, and the best thing for Portsmouth is to sign a contract which gives them $2 million and start again with a clean slate.

And then, as in Bill Murray's film "Groundhog Day", the alarm goes off again, and you go into a meeting with City officials, who tell you . . .

Mayor Holley stated at Monday's work session that somehow the public had failed to register the fact that Portsmouth doesn't have clean title to The Golden Tent. We hadn't realised this because we hadn't been told, of course. He went on to talk about The Party who stepped in when the City ran out of money to open the new money-spinner (after only $13.5 million) and generously bought the equipment to make operations possible. I am ashamed by these revelations - all this time, I've thought of The Party as a contract-breaking parasite, a black hole for the City's money and City management's integrity. Instead, Mayor Holley tells us, it's "none of our business" how The Party ran nTelos Pavilion, because all this time the City has owed "hundreds of thousands of dollars" for the startup equipment. It seems that the contract between the City and The Party - or at least the one the public have been shown - somehow fails to reflect the actual arrangements that have been in place all these years

We thought we only had a monkey on our back, and it turns out to be a 900-pound gorilla. And the costs of feeding it are mounting relentlessly, and include not only the City's tax dollars, but also the credibility of its Council and Management. Every recommendation you make in future will be tainted by this contract, every increase in the property tax, every cheeseparing cut in a budget item will be in the shadow of The Golden Tent. The T-shirt design is already on the computer - the City Council riding on the back of the nTelos white elephant, which is using its trunk to stuff dollar bills into its mouth. The proposal to register the white elephant as the City's official mascot is in the pipeline.

Is there really no other, better decision than this?

Paul Danaher
March 30, 2005



February 13, 2005

Vice Mayor's Freedom of Speech Constrained by Responsibility of Leadership

To Portsmouth City Watch:

I agree with Mr. Moody's point that all communities need to have input into and be included in decisions on the expenditure of public funds. I also strongly support each community having a certain, primary, level of self determination, balanced against the needs of the greater community. What I observe specifically in the discussions related to Portside was our City Management, represented by Dr. Patton, engaged in discussion with the primary stakeholders from Olde Towne and the Downtown Business community regarding their concerns about a publicly funded venue. Since the email from Vice Mayor Moody, there have been no discussions in any form. In essence his email ended public input, not expanding the participants to include all civic representation, but to quash all public discussions in their entirety. While all Citizens have the right to free speech, those in positions of leadership carry with their personal rights the responsibility to not limit the rights of those they represent, and in this instance, at this juncture, free speech and public participation has been restrained.

Ed Forlines


(The email message PortsmouthCityWatch obtained through the Virginia Freedom of Information Act is below. Click within the message to enlarge it.)

click for a larger view



(Updated June 29, 2006)
February 8, 2005

Vice Mayor Has Right to Express Himself

To Portsmouth City Watch:

After reading the recent article on Portside, I can only say that it appears to me that, by your actions, you are attempting to limit the expression of public opinion by our elected leaders. The article stated that you took an email sent by the Vice-Mayor to the Commonwealth's Attorney in an attempt to squash an elected official from expressing an opinion. After your charge was dismissed by both the Commonwealth's Attorney and the City Attorney, you were quoted as saying something to the effect that you thought it was a long shoot at best. Sir, I think your actions in trying to control opinions goes against the right of freedom of speech, which is also enjoyed by our elected officials. I find your actions to be of very questionable nature and reek of politics at its worst.

(The Virginian-Pilot article to which Mr. Williams refers is available by clicking here.)

Submitted from policelb@aol.com and represented as the opinion of Rick Williams, this is a counterfeit from an as yet unidentified source.



Updated January 4, 2005

Portsmouth Family Plays Favorites

To Portsmouth City Watch:

Mayor Holley pronounced, during the Town Hall meeting at Wilson High School on September 20, 2004, that all residents of the city are considered members of the “Portsmouth Family.” Therefore, by their actions, or the lack thereof, it is safe to assume that the Portsmouth City government considers the residents of Cavalier Manor to be the quintessential black sheep of the family (no pun intended).

During the 1960’s, brave civil rights marchers and leaders like Dr. Martin Luther King, Jr., fought government at all levels for the rights already afforded African-Americans by law, yet denied by greed, bigotry and ignorance even as taxpayers. This immoral tradition continued as the City of Portsmouth, dating back to the civil rights era, continues to respond to the business interests of the City of Chesapeake at the expense of the integrity of the community of Cavalier Manor and the livelihood of its residents.

Specifically;

  1. The City of Portsmouth allowed the City of Chesapeake, as part of Chesapeake’s 1971 comprehensive rezoning plan, to develop an industrial park approximately 100 feet away from the bedrooms of homeowners and residents in Cavalier Manor. Over the years, this has brought increasing noise that intrudes into the community of Cavalier Manor. The quiet of the community that existed while homeowners were working to pay off their mortgages has been replaced with the sound of industrial noise 24 hours a day now that they are retired and have since paid-off their mortgages. Nonetheless, the city still taxes them as homeowners just the same. Waste management vehicles emptying large trash dumpsters and other outdoor business activities continue during the night in the industrial park.  To add further insult to injury, we now have tractor-trailer cabs, dump trucks and other industrial vehicles doing business with the Industrial Park garaged in Cavalier Manor. This not only further exacerbates the problem of noise, but also is a safety and zoning concern.

    However, with the citizens having brought this to the attention of the city manager’s office both in writing and orally, the city manager’s office has responded in a patronizing manor reminiscent of the civil-rights era. Instead of moving to set forth and enforce standards and statutes (i.e., the Portsmouth City Code and the Code of Virginia) designed to protect the integrity of our community, he indicated in a letter of 10/19/2004 that he would send out one of his deputies to “determine the extent of the noise situation and then work with us to identify possible solutions”. This sends the message to our community that his office lacks the moral backbone to mandate and enforce standards and statues already afforded under law to protect our community from this woefully immoral and unethical encroachment. We are seeking a permanent solution backed by standards and statues, not a temporary bandage backed only by appeasement. In other words, his office has offered us a neck-bone solution, when our collective real estate taxes have paid for a prime rib solution.


  2. To support the City of Chesapeake’s traffic needs for their Cavalier Industrial Park, the City of Portsmouth turned Cavalier Boulevard into a thoroughfare through the heart of the community of Cavalier Manor. This also brought a train crossing with train whistles approximately 50 feet from the bedroom of homes. Today, 24 hours a day, industrial park traffic rumbles through our community unabated, rattling and damaging the foundations and structures of homes and awakening residents during the night as large waste management vehicles pass through. This further exacerbates departing and arrival conditions for residences along Cavalier Boulevard. Signs with solar-powered or commercial-powered warning lights on Cavalier Boulevard in Chesapeake and on Greenwood Drive in Portsmouth barring through industrial park traffic and electronic detection of violators is needed and, furthermore, represents a bargain for the City of Chesapeake at the expense of the taxpayers of Portsmouth.


  3. Just when you think you have seen it all, new homes built on the edge of our community are designated as being within the city limits of Chesapeake. Access to this Chesapeake community (i.e. Mangrove Drive, Daytona Drive) is only possible through our community in Portsmouth. Therefore, we now have duplicate sets of public service vehicles coming through our community. This serves as further evidence as to how the integrity of our community continues to be taken for granted and that we represent the black sheep of the Portsmouth family.

Rob Harris, Jr.



November 10, 2004

Stop the Monopoly on City Entertainment Management

To Portsmouth City Watch:

I’m sure everyone here has seen the Oct. 3 [Virginian-Pilot] article on nTelos?

Well, you know the saying - you can’t believe everything you read in the paper.

To believe this article, you’d have to believe that the Industrial Development Authority, the city contract people, the city finance people, the city attorneys, and the former city managers were related to the three stooges.

You’d have to believe that job titles and job descriptions and contracts, all of which are created to provide continuity in a changing environment, are meaningless in Portsmouth.

You’d have to believe that the man who signed the contract, an experienced businessman, an expert in his field with a degree in law, who negotiates contracts almost daily, couldn’t actually read a contract.

That he’d missed the part where it says,

“HCJV shall prepare on a monthly basis a ‘Monthly Event Summary Statement,’ to include all such information as is reasonably needed by Owner for financial and performance monitoring purposes. . . . The Monthly Event Summary Statements shall be provided under oath and attested to as accurate, and shall be signed by an authorized official Manager, identified by name and title.”

Or the part in Section 7.13 of the contract, which says “HCJV shall, at its sole expense, have an annual independent audit made … within 75 days after closing of each Operating Season. Owner shall be provided with a copy of this audit promptly upon its completion. . .”

You’d have to believe he didn’t keep copies of the documents he said he sent to the tax office, and that it will actually take months to pull the required figures together.

You’d have to believe that the City was actually contemplating awarding a third major contract--a contract that would pretty much include all Portsmouth’s cultural and entertainment venues, activities and events--to the same people who already run the pavilion and the Willett Hall box office. All our eggs in one basket, so to speak.

But wait - that last bit’s actually true!

Before you folks on City Council decided to halt the process, the contract for special events and programs was going to go to the same people who run nTelos and the Willett Hall box office.

Are we playing Monopoly here or what?

It seems that no other company in Hampton Roads is as “uniquely qualified” as Rising Tide or has the “proven track record” of these folks. That none of the other contenders for entertainment or events contracts could match “the City’s positive experience in working with HCJV.” Wow!

I found that as hard to believe as the nTelos article, so I continued my research.

And here’s what I found out.

I found out that Portsmouth’s first experience with some of the folks running nTelos was the $5 million cost overrun on the design and construction of the Harbor Center project.

I’m not sure Portsmouth’s budget can handle that much “positive experience,” so I was a little surprised to learn that the contract for operating the pavilion went to the same people who’d help design it as part of a limited liability company called HCJV.

HCJV has run the pavilion since July 2001. During that time, Section 7 of the contract never has been fully complied with: According to the City Attorney’s office, there were only nine pages of purported events summaries from 2001 and 2002 on file, and none for 2003 or 2004.

These so-called summaries were not audited, they were not signed, they were not monthly, they were not complete, and most of them were faxed to the City from a Rising Tide fax machine several months late. They might have been submitted under oath, but I didn’t get any copies of any oaths, even under the Freedom of Information Act.

Can you fax an oath?

In addition, it seems that no end-of-season independent audits exist, although the contract clearly states that such audits are required.

That may be a “proven track record,” but what it proves is open to debate.

At this point it behooves me to tell you a little more about my meeting with Mr. McCoy, Mr. Grook and Mr. Wheeler back in June. During the meeting, I asked them what happens to a contractor who doesn’t meet the requirements of a contract.

The answer was pretty much “nothing.” I was told the City doesn’t like to go to court, that the remedy of choice might be to withhold future contracts.

But that clearly didn't happen here. In fact, Mr. McCoy stated clearly in a June 11 memo to Mayor Holley and the Council that the Willett Hall box office contract was awarded to HCJV in part because of the City’s “positive experience” with that company.

Kind of makes you wonder what happens to contractors who perform really well, doesn’t it?

By the way, the Willett Hall box office has a lot of potential. HCJV gets paid $42,000 a year whether there are any events at Willett Hall or not. According to the contract, the company also stands to gain substantial monies generated by ticket and related fees, monies that used to go through a non-profit organization, with much of it flowing back into the City.

Furthermore, the contract allows HCJV to hold on to the proceeds from ticket sales until within 72 hours of a production. That’s great for their cash flow and bottom line, but it does nothing for the City. And it could create problems for performing companies that need access to the cash flow from subscription or early ticket sales.

The contract also has some optional components that open the door to operating the whole facility in the future, not just the box office, but that’s just speculation based on, um, experience.

Not a bad deal, but obviously not enough.

Because now we come to the special events contract, the one where a company called Harbor Events was chosen partly for its “Proven track record in producing all facet [sic] of entertainment and events.”

Again, I have to ask, what track record?

The Virginia State Corporation Commission couldn’t find any company in the state called “Harbor Events,” even under fictitious names. It is not a licensed Portsmouth company, Norfolk company, or Virginia Beach company, yet it would be specializing in producing local events.

The only information I could find about the company was in a City document called “Events Planning and Management Process.” There I saw three partner’s names I recognized as being part of HCJV. So once again we are pretty much looking at the same cast of characters.

And when the same people run every game in town, the game is called “Monopoly.” And the only winner in that game is the guy holding all the money at the end.

Do we really want one company, whatever it’s called, holding all the money in our city?

I think the answer to that question should be a resounding “NO.” In fact, I am circulating a “Stop the Monopoly” petition citywide—in shops, in neighborhoods and through civic leagues. Anyone who’d like to take a copy to circulate can pick one up from me.

Terry Danaher

(This letter is an edited version of a speech to Portsmouth City Council on October 26, 2004.)

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September 16, 2004 For Vice Mayor Moody's perspective on the  upcoming City Council retreat, see below; for Council Member Heretick's, click here.

Vice Mayor William E. Moody, Jr.To Portsmouth City Watch:

Your recent website posting titled ''New Council Doing Business in the Tried and True
Manner?'' leads your readers to believe that I have changed my position and now support out of town retreats.

Approximately two years ago I supported moving the council retreat from Williamsburg to Portsmouth partly because we could save a little money by doing so and mostly because I did not feel it was right to ask our citizens to pay more in taxes without council trying to set an example by spending less, even if the amount saved was relativity small. This was on the heels of a tax increase, which council passed on a 4 - 3 vote. Mayor Holley, Councilman Whitehurst and I opposed the increase.

Our council retreat scheduled at the YMCA's Camp Silver Beach in October will cost the taxpayers $3,420 compared to costs of $7,617 for last year's retreat at the Renaissance Hotel and $15,000 when council last met in Williamsburg in 2000.

Interim City Manager Jim Oliver felt very strongly that it was extremely important that council get away from phones, calendars and the other daily interruptions that occur when meeting at home. Being the new council's first retreat, he thought being out of town would also offer more of a bonding opportunity.

Please know that citizens will not have to pay a toll to attend the retreat. By a consensus of council, any citizens attending the retreat can get a refund on their toll expenses by bringing their toll receipts to the Clerk's Office following the retreat.

Bill Moody, Jr.
September 16, 2004

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City Council Member Stephen E. HeretickTo Portsmouth City Watch:

I'd like to add a word or two about your recent commentary on the City Council retreat location.

The decision to take the retreat "on the road" was based upon the earnest desire of the Manager that we conduct a true "retreat", rather than the marathon dog-and-pony shows which have characterized those meetings of past years.

This year's meeting is specifically NOT intended to be another throwback to retreats of past years. In the past, these "retreats" have been little more than marathon work sessions conducted in five-star Williamsburg hotels with a host of carefully selected department heads, boards and commission members, special interests, and the media in attendance. Who was invited--and who wasn't--fueled city Kremlinology for months. Often, significant pronouncements on public policies were formed at these meetings--at equally significant public expense. You and other city observers, therefore, have ample historical reason to suspect this year's retreat will not be anything other than this.

We have a new council now, and a very different one in more than just the names of its members. We have new visions, new agendas, and new personalities. The recent election more than amplified the city's disaffection with the way things were done, and by whom. Now we have to create ways to work together to make sure that as many voices are heard, and as many needs considered, as we can. More importantly, we need to take a careful look at what our leadership really consists of, and what it needs to be, before we can let it take us anywhere we would want to go. We have to strike a balance between collegiality and individuality. That is the real purpose of this, or any, genuine "retreat."

The decision to take this "on the road" did not come easily. [Council Member] Charles Whitehurst was, and remains, a powerful proponent of the popular view that we keep these meetings here. Given the history we're working against, I understand and accept his attitude, and under other circumstances I would be in complete agreement with him. Given what we must accomplish if we are truly going to become a "new" council, however, I think we have to break the mold. We have to try something a little different. If this is the worst decision anyone can beat us up for, maybe we're doing more things right than I guessed.

Certainly, the answer is NOT to return to five-star accommodations in a resort city, or to invite a highly select and rarified stratum of the city (as if we don't see them all the time, anyway) to join us for skullduggery over cocktails. A bare-bones YMCA camp seems to fit the bill for a truly back-to-basics conversation and reflection. In the seminary I learned a great deal more about myself and my life in these moments than at any other. To be honest, I greatly miss the opportunity to take a few days, unplug the phone, and just think about things to the exclusion of all else, which to me may be the only luxury in any of this.

This camp's selection has hardly been a secret, and I'm sorry that you may see it as one. I guess that we've talked about it so much that (like most everything else) we just thought that everyone knew about it. Sorry. In the end, though, a YMCA camp offers what we sorely need: it's a little distance from home, so that we can't scurry back to our holes at night and lose the moment; it's pretty basic, so that we can work, but our "recreation" will hardly have us in the lap of luxury; and it's refreshingly cheap, in fact it's half the price that we could have done it here.

If I had the time(!) to go on vacation, a YMCA camp would likely not appear on my short list of places to run away to--and as much as I like and admire my colleagues, given the choice, I would prefer to spend this time with my wife and my son, who is growing up too quickly now that I have far less time to watch him do it. This will hardly be a vacation, or at least my idea of one. This is a time that we have to pry ourselves away from our agendas, from our cell phones, and from all that is otherwise familiar and comfortable, and get down to the awkward basics of dealing with each other. In short, I hope it will be an investment.

You're invited, naturally. Everyone is. But remember this, and gently: we cannot learn to deal with each other if our conversations remain duct-taped in political posturing and platitudes. We need to learn to deal directly and frankly with each other, and that's a really tough thing to do in front of an audience which comes jam-packed with baggage and agendas of its own.

If you come, bring bug spray. But if you don't, I hope that you will find a council that is more when we return than the sum of its parts when we left--at least when our mosquito bites heal.

Steve

September 16, 2004



June 29, 2004

An Open Letter to the Citizens of Portsmouth

I departed Portsmouth on Sunday, June 20th and returned Saturday, June 26th where I attended a solid waste conference in Monterey, California (I serve as Chairman of the Southeast Public Service authority [SPSA] and Chairman, Elected Members Committee of the Solid Waste Association of North America [SWANA]).

Today, I learned of a vicious rumor directed to me to the effect that I personally will lead an effort to reverse the decision of the current City Council to hire Jim Oliver as interim City Manager. I learned that this rumor has been around for over a week and it has no basis of fact at all. I called Mr. Oliver who informed me he had heard of it. I do not know how this got started but that is not the son that Bernice and John Whitehurst raised. While the process could/should have been done differently, Jim Oliver is the interim City Manager and has my respect and support.

In my opinion the Council that takes its seat on July 1st should be about making Portsmouth a better City while taking the time to search for a permanent City Manager (a process that might take 6-9 months).

I have had to deal with rumors over the past almost 6 years and always traced to the same sources. It is my hope that those who stoop so low to perpetrate such matters are no longer in power to do so. I sincerely regret having to take this route but, I needed to get this message out and in the widest manner possible.

Thank you,
Charles B. Whitehurst, Sr.,
City Councilman
June 28, 2004



May 3, 2004

As the election for Portsmouth City Council approaches, I must warn my fellow citizens about the duplicity in which the city has engaged in its recent dealings with the north side neighborhoods.

As reported in several excellent Virginian-Pilot articles written by Meghan Hoyer, the centerpiece of the Vision 2005 plan for the Scotts Creek neighborhoods has been the development of a marina on the north shore. After a massive protest at city hall last August, the city agreed to work with residents one last time to find a developer to build a marina or a project with a marina component.

Citizens had spent hundreds of hours meeting with the Economic Development Department, writing a Request for Proposal (RFP), and contacting hundreds of developers and architectural and engineering service firms. We were assured by City Manager Luke McCoy and Deputy Economic Development Director Tara Saunders that the city was doing everything it could to find a marina developer. The RFP Web page received over 1,500 hits, and over two dozen printed copies of the RFP were mailed.

Therefore, we were incredulous when we learned that only one proposal was received, that for the expansion of the Moon Engineering shipyard recently purchased by Earl Industries.  Smelling a rat, we then attempted to independently confirm that no one else had submitted a proposal.  Here is what we found.

  1. Prior to the March 1 deadline for the submission of proposals at least one firm which has an inside relationship with city staff and leaders told me they had decided to suspend preparation of their proposal, because the word seemed to be out on the street and they believed that another firm was already being favored for selection.

  2. A prominent engineering firm which had expressed interest wrote to me, “the city  (had failed) do the up-front “leg-work” and that “…there has not been adequate planning (by the City) to expect private investors to compete for this piece of property.”  Apparently the Economic Development staff had failed to share the Wessex Group feasibility study that concluded there was market demand for more marinas in Portsmouth, and complete engineering plans for a marina the city had designed and received approval from state and federal regulators to build.

  3. Finally, at a recent candidates' forum, incumbent Tommy Benn, who has represented himself as our friend and champion of our interests, revealed that he and Luke McCoy had assisted Earl Industries in preparing their proposal. Mr. Benn also proudly took credit for the inclusion of a $5,000.donation to Friends of Scotts Creek in a misguided attempt to buy our support. This from a Councilman who has repeatedly endorsed the Vision 2005 plan and recently voted to turn down the building of an IHOP restaurant downtown, because it was not compatible with the latest, greatest visionary plan called the Urban Land Institute (ULI) Study.

These facts lead me to believe that the city was stringing along north side residents. At the same time, they were secretly planning with Earl Industries to expand Moon Engineering onto the north shore property, discouraging other developers by failing to make existing and necessary information available, and letting it be known that only one developer would be considered.

Please take this sad tale of deception with you to the polls on Tuesday and factor it into your decision on whether to re-elect the incumbents and the designated “heir apparent,” Elizabeth Psimas, or to put some fresh faces on city council who will protect our neighborhoods, be honest with us, and represent the will of the people over the interests of developers.  I am targeting my only vote for Martha Ann Creecy, and I hope you will, too.  Neighborhoods can depend on Martha Ann to include them in the process and protect their interests.

Ed Giles



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