Deep Creek Pier won’t be replaced

Legally, Newport News was not allowed to use eminent domain to get land needed to rebuild the watermen’s pier.
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By Sabine Hirschauer
October 29, 2008

Newport News
The city will not rebuild Deep Creek pier, said City Council members during a work session Tuesday.

“We are in a situation where we are very limited to what City Council can do,” said Mayor Joe S. Frank. Newport News began to dismantle the aging pier at the end of Deep Creek Road last year because of safety and liability concerns. But since the city demolished the pier, a firestorm has ignited over whether to rebuild the more than six-decade-old local landmark.

Laboring over the issue for about an hour Tuesday, for City Council it was almost a Catch 22-predicament.

To build a full-fledged mooring pier for the local watermen would have required the city to purchase land for parking and restrooms. But the adjacent property owners of the former pier were not willing to sell or lease land, said City Attorney Stuart Katz.

For the city to take land via eminent domain would be illegal because by law such a step needs to benefit the public, and commercial watermen are private businesses.

“We really have no way to rebuild a pier for the watermen,” Frank said.

The option of building a recreational pedestrian pier instead also proved problematic because it still required the city to buy land for restrooms and parking. It would also be costly — between $115,000 and $314,000 — and people actually did not want just a pedestrian pier, said Michael Poplawski, director of the city’s Department of Parks, Recreation and Tourism.

“There is very little interest in establishing a pedestrian pier,” Poplawski said. “They don’t want it to be a pedestrian pier. They want it to be a mooring pier.”

The stumbling blocks to rebuild Deep Creek pier included not only the lack of land for parking, trash cans and restrooms, but some watermen also had abused the slips at the pier in the past as a graveyard for abandoned boats. Also, over the years fewer and fewer commercial fishermen used the pier.

With the pier gone now, watermen dock their boats at the Menchville Marina, which sits opposite the former Deep Creek pier. On average, about 60 boats tie up at the marina annually, but about 75 percent of them are not from Newport News, city officials said.

After delving into extensive legal research for months, Katz said Tuesday the city had no legal obligation to rebuild the pier. Earlier some residents alleged the pier was given to Warwick County in 1933 and then to the city with the stipulation to maintain it. The city was also not required by federal law to do so, Katz said.

The city is currently rebuilding the 735 feet of deteriorating bulkhead at Menchville Marina, which is land the city leases to a private owner. Additional work at the marina includes regrading the low area along the parking lot next to the bulkhead, which often floods.

“I am very disappointed,” Councilwoman Madeline McMillan, who earlier in the discussion proposed to waive or discount the mooring fee at the marina for commercial fishermen from Newport News.

“We do a lot of things for a lot of people. I understand our financial situation, but I am very disappointed that it had to come to this.”

City Council Meeting~

Last Night: Shirley Jones once again gave a moving speech to City Council in favor of rebuilding the Deep Creek pier. Though the meeting ran long, she patiently waited until her name was called. The applause for her effort was great. Her speech follows.
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Good evening, Mayor Frank and Council Members. Thank you for allowing me to speak to you.

My name is Shirley Jones and I have lived in our present Woodmere neighborhood since 1957. My husband and I have raised three children who have become good members of society, and I would like to leave my 3 children and 16 grandchildren a legacy of integrity.

I feel that the elected members of the City council from the central district and the City of Newport News have failed to live up to their words and deeds in the matter of Warwick County to honor all agreements, and there was an agreement with the Melzer family to keep the pier in good condition for all citizens and the watermen, just as there was with the Federal Core of Engineers and the state. I understand that the City of Newport News has accepted money from the state to keep the pier in good repair. Instead you have torn it down. You have failed to honor your agreements with The County of Warwick, with the State of Virginia, with the United States Federal Government and last but not least, the people who elected you, the citizens of Newport News.

I am deeply disturbed by our total lack of consideration for the watermen of this Hampton Roads Area. I consider myself at fault for not studying the history sooner and standing in defense of the watermen and citizens affected by the actions of Council. We have taken away their promised free protected area to dock their boats and given it to businessmen and what i call “fat cats.” The watermen are not fairly represented here because they go to work between 2 and 3 am. They are sleeping now so they can get up to go to work tomorrow!

I was at the City Council meeting when six of you voted to rebuild the Deep Creek Pier, only Mayor Frank dissented. He is the only one with a distant relative who would be affected by rebuilding the pier and rebuilding the boat ramp and returning the rightful parking property to the citizens of Newport News.

I suggest you fund the rebuilding of the pier with the two hundred thousand plus designated for performing arts, the Ferguson Center and the Yoder Barn.

I urge you to consider the future of your own children and grandchildren and the legacy you are leaving – will it be one of supporting integrity?

Keep The Watermen

Source: dailypress.com
June 25, 2008

I was gratified to read that Newport News City Council members unanimously supported the rebuilding of the historical Deep Creek pier, two preferring a pedestrian pier while four envision a mooring pier (“Deep Creek pier decision delayed,” June 11).

I am particularly encouraged by the votes of council members Bert Bateman, Madeline McMillan, Sharon Scott and Bill Haskins. My hope is that this project will not get tied up in red tape, that Mayor Joe Frank will make every effort to implement what the City Council has told him it wants, and that the watermen will soon be back in Deep Creek where they’ve been for decades and where they belong.

A solution must be found regarding the issue of insurance for the watermen. We have an example here of a council that has listened to its citizens, voted to meet their needs and publicly demonstrated their intent to do the right thing.

I’m looking forward to the day when we will once again see a pier at the end of Deep Creek Road, but it will be a travesty if the watermen are prevented from using that pier due to prohibitive insurance fees. I thank the entire City Council for this vote. Now let’s make it a reality.

Bonnie Melzer Atkins

Newport News

Shirley Jones Speaks At City Council Meeting

Shirley Jones was an informed and eloquent speaker at the City Council meeting on June 10, 2008. After cordially greeting council members, she spoke the following words.
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I wish to encourage you to rebuild the Deep Creek pier as it was originally, along with the public access boat ramp. I understand that you are saying that there is no parking, but we had parking access there for years and years. What happened to it? What happened to the boat ramp that used to be there for all of us to use.

Council members, I understand that you are leasing nearly four acres of prime waterfront property, with three buildings on it, to Christopher Newport University – with piers for their eighteen sailboats. I think they have more than that but… I understand you’re leasing this property for a dollar a year. That doesn’t seem even reasonable to me. I can’t imagine it.

I also understand from the man who removed the pier at Deep Creek that only a small part of the pier was in poor condition. It could have been repaired very economically from what he said.

I think you’re putting an unnecessary burden on our watermen, and I don’t understand why. Our watermen are as much a part of our history, our Warwick history, as the Shipyard is of the Newport News history. And I think we have an obligation as citizens to respect that, and the gift from the Melzer family. I really would like to see you do something to support our history.

Thank you.

Deep Creek pier decision delayed

The city was leaning toward a mooring plan, but Mayor Joe Frank asked for more information.

By Sabine Hirschauer
June 11, 2008
Source: dailypress.com

NEWPORT NEWS – — So close. But not close enough.

Four Newport News City Council members said Tuesday they would support another mooring pier at the end of Deep Creek Road. Two council members, Vice Mayor Charles Allen and Councilman Joe Whitaker, backed a pedestrian pier with benches and rails.

But it was Mayor Joe S. Frank who sent city staff back to the drawing board on the pier issue.

“I don’t think I have enough information to decide one way or the other,” Frank said.

Since the city demolished the aging Deep Creek pier last year, a firestorm has ignited over whether or not to rebuild the 1940s-era local landmark.

A full-fledged, new 400-foot mooring pier including a costly parking lot, lights, water, restrooms and security cameras could cost between $600,000 to $900,000. By comparison, a 300-foot pedestrian pier with some amenities, where only children could fish, could cost around $300,000. But it was unclear if a parking lot with a price tag between $146,000 to $185,000 was needed for the shorter pedestrian dock. Restrooms would cost between $190,000 to $250,000.

The city attorney will research if by state law, Newport News can use eminent domain to acquire land for parking, something which might not be legal if the pier was used commercially by the watermen. The city will also check into whether or not the pedestrian pier would require parking at all.

Council members also discussed charging pier users for parking and mooring, and requiring watermen to insure their boats once the city rebuilds the pier.

Good news and bad news and a whole lot in between, C.W. Powell, a local waterman, said describing Tuesday’s work session debate about the pier.

And Carol Hogge, the wife of a Deep Creek waterman, said for the city requiring insurance and possibly charging for mooring wasn’t fair.

“They are running the watermen out,” she said.

How much will rebuilding Deep Creek pier cost?

City officials will hear various options today for replacing the iconic pier.

By Sabine Hirschauer
June 10, 2008
source: dailypress.com

NEWPORT NEWS – The Deep Creek pier might be gone, but the controversy surrounding its demolition last fall and the debate about rebuilding it is alive and well.

City officials will brief Newport News City Council members during a work session this afternoon on the different options for rebuilding the iconic pier, which sat at the end of Deep Creek Road for more than six decades.

Newport News began dismantling the pier in September because of safety and liability concerns. But the demolition, which cost $30,000, soon caused a rift between many Deep Creek residents and local watermen who wanted to keep the pier and City Council members, who said it was too costly to maintain.

“They need to replace it,” said 65-year-old waterman Jimmy Crewe, who’s been harvesting oysters at Deep Creek for nearly the last five decades. Crewe moors his commercial fishing boat at the Menchville Marina across from where the Deep Creek pier once stood.

During today’s work session, city officials are expected to present new estimates on how much it would cost to replace the pier.

One option includes replacing it with a similar 400-feet-long and 8-feet-wide full service mooring structure.

To build the new pier — pilings and wooden decking — would cost an estimated $146,000. But there would still be a parking problem because Newport News doesn’t own land for a parking lot at the Deep Creek pier.

“That’s just putting the mooring pier back on the end of Deep Creek Road,” said Michael Poplawski, director of the city’s Department of Parks, Recreation and Tourism. “It’s the same if we would build the north Newport News recreation center without a parking lot. People would say ‘Wait a minute, how should I get there?’ It should be done right.”

According to city estimates, the cost of buying land for parking, restrooms, lights and other amenities could drive the price up to nearly $750,000.

“Given that such property is on the waterfront, it will be very expensive,” City Manager Randy Hildebrand wrote to the council last week.

Another option would be to build a 300-feet-long, 8-feet-wide pedestrian pier with handrails and benches, for about $133,000, but that would not include the cost of a parking lot and other amenities.

When the city began to raze the Deep Creek pier last year, most watermen moved across the water to the Menchville side of Deep Creek. On Friday, the city started to replace 735 feet of wooden bulkhead at the Menchville Marina. Additional work at the marina includes regrading the low area along the parking lot next to the bulkhead, which often floods.

Repair work at the marina is expected to be finished by Sept. 18 and will not include additional mooring piers or pilings — or repairing the piers and pilings currently in place between the docks used by Christopher Newport College and the existing boat ramp.

“There was no reason to tear down Deep Creek pier in the first place,” said Crewe, tying up his Bay Queen next to another commercial fishing boat. “We need all the space we can get.”

December 11, 2007 Regular City Council Meeting Minutes

MINUTES OF REGULAR MEETING

OF THE NEWPORT NEWS CITY COUNCIL

HELD IN THE CITY COUNCIL CHAMBERS

2400 WASHINGTON AVENUE

December 11, 2007

7:30 P.M.

Mayor Frank advised that the City Manager was asked to bring forward the plans, with a cost estimate regarding the Deep Creek Pier, as well as scheduling public meetings in the neighborhood to view the recommended plans and to receive comment and feedback. City Manager Hildebrandt responded that his direction was to proceed with plans for a pedestrian pier, not a wharf pier for use by watermen. City Manager Hildebrandt further stated it was the intent to develop and improve the facilities on the Menchville side of the harbor. Input would be welcomed from the watermen as there would be meetings as to how the City could better make the Menchville area usable by the industry.

Councilwoman McMillan expressed concern about fishing not being allowed. It was her hope that this be reconsidered. She stated a pedestrian pier was a pedestrian pier and she did not see why children could not fish off of that pier.

Source: Official site of Newport News, Virginia

City Council, School Board candidates address spending

Some criticized the salaries of the city’s top management at a forum Thursday night.

By Sabine Hirschauer
April 11, 2008

Source: dailypress.com

NEWPORT NEWS – — Taxes, the budget and Deep Creek pier.

City Council candidates Thursday night answered a flood of questions on how to best save money and cut spending during a forum organized by the local tax grass-roots group RETRO. The candidates were quick on their feet with ideas.

Victor Albea, who is running in the south district, said he would not want to cut spending in education and crime prevention.

City Manager Randy Hildebrandt last month released an $814.8 million city spending plan for the next fiscal year, which includes a $318.6 million school budget. And most recently Hildebrandt suggested cutting the school budget by $2.2 million, which could reduce the proposed raises for school employees from 4 percent to 3 percent. Three percent is the size raise Hildebrandt suggested for city employees.

“Eduction is key,” said Albea, who also wants the city to focus on private dollars to bankroll development.

The three School Board candidates attending the forum — Betty Dixon, incumbent School Board Chairman Richard “Rick” Donaldson and incumbent William “Bill” Collins — also spoke out against the school cuts.

“I am disappointed that the city manager cut our budget to essentially a flat budget,” Donaldson said.

Rob Jones, who is vying for the open City Council seat in the central district, said he wants to streamline government and make it more efficient.

“We need to separate our wants from our needs,” he said.

Millard White, also running in the central district, emphasized a prioritization of city spending, making better decisions on what projects really need to get funded and what services residents want to give up.

“We need to cut the fat out of the budget,” he said.

Some candidates mentioned a city contract for $300,000 annually to promote the Marriott Hotel at City Center for the next 20 years.

“We have a spending problem,” said Pat Woodbury, who is also running in the central district, “not a revenue problem. We need to let the people keep more of their hard-earned money.”

Most candidates also criticized the salaries of some of the city’s top management.

“Our city attorney just received an $8,000 raise,” said Sheryl Holmes Abbott, who is running in the south district. “I don’t think his responsibilities increased. This has to end.”

“I am for cutting the budget,” Albea said. “But not at the sacrifice of citizen services.”

To save the schools some money, School Board candidate Dixon suggested an end to mandatory busing and “to return to neighborhood schools.”

Jones, who recommended a special task force to look at real estate assessments, said he supported the controversial King William Reservoir and saw it “as a good source of revenue, which will help us lower taxes.”

At the end of the forum, the candidates were asked if they would support rebuilding the Deep Creek pier, which the city demolished last year. Most supported the idea.

“If we can afford a $50 million reservoir, we surely can afford rebuilding the pier, which has been there for years,” said Dennis W. Rowsey, who is a candidate in the central district.

White said he was in favor of the pier, but the city probably should hold off on rebuilding it right now because of the current fiscal problems at City Hall.

Marie Boyd and Marvin Evans, both central district candidates, did not attend the forum. Boyd sent her neighbor, Michael Shapiro, to represent her. Tina Vick who is running for the south district and incumbent Councilwoman Madeline McMillan, who is running unopposed in the north district, also did not attend.

Update – Deep Creek Pier and Menchville Marina – From the office of City Manager, Randy W. Hildebrandt 4-4-08

[click on post title to view photos]

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Award Winning Plan for Deep Creek/Menchville

(click on title to see plats) The following article was contributed by Carol Hogge. I’m sure the City was proud of this plan, and with good reason. It was an award winning effort and stood to benefit the entire Chesapeake region, not just Deep Creek and Menchville. For the Deep Creek side the plan included: Seafood Harvest, Support Facilities, Parking, Boat Mooring and Marine Service. The watermen’s needs were taken into consideration in this plan. You can tell by the talent and effort brought to this plan that the Deep Creek/Menchville area was viewed as a valuable asset to the City. The text has been transcribed below for convenient reading.
Source: Metro Magazine
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The Virginia Chapter of the American Planning Association has selected Newport News “Deep Creek/Menchville Plan” for recognition as part of its 1990 Planning Awards Program. The plan, prepared by staff of the Department of Planning and Development, is the culmination of months of research and labor.

After meeting with the approval of the City Planning Commission, it was forwarded to the City Council which, at a recent meeting, also approved it unanimously. Most importantly, the plan has been met with overwhelming support from citizens and residents of the Deep Creek/Menchville area. Major Components of the plan call for:

• Creation of a major community park overlooking the James River.
• Development of a center for seafood activities on Deep Creek Harbor
• Preservation of the historic character of the area
• Protection of the natural environment
• Development of a re-usable site for disposal of dredge spoil from the harbor entrance and channel.
• Reclaiming of sanitary landfill property for active and passive recreational use

The “Meritorious Award” for demonstration of excellence in the application of professional planning methods recognizes both the designs of the plan and the fact that the implementation will positively impact the entire Chesapeake Bay region.

Presentation of the award will take place at the VAPA Spring Conference, in the Omni Hotel Waterside, on May 14, 1990. Director Paul Miler will accept the award on behalf of the Department.