October 19th, 2007
Mayor Frank, Vice Mayor Allen, City Council members, City Manager and City Attorney:
I am writing this letter to you on behalf of my business partner Jeff Deyong and myself as owners of the James River Marina, 665 Deep Creek Road.
As the controversy of the Deep Creek Pier continues, it deeply disturbs us that Council is still entertaining ideas to resurrect the Pier in some form or another despite having no facilities or parking to support such structure.
Since buying the Marina in 2001 we have taken a sleepy, little marina of 60 boats and turned it into a destination location with storage for 200. We’ve updated the service and repair facilities, and the restaurant has reopened to great reviews. We have been in contact with the City and expressed our desire to add additional piers. The Marina is poised to add up to 40 slips to handle permanent dockage and provide transient slips for those boats wanting to dock over night or visit the restaurant once the City has removed the Deep Creek Pier.
It should be obvious to all, that the current situation in which the watermen governed themselves on the pier is unacceptable. Beside the actual condition of the pier, the sunken boats the city has had to remove, as well as submerged engines and parts, now around the pier prove that the watermen are their own worst enemy. The workboats expelled prior to the initial phase of demolition forced only one waterman working the river to relocate. The other moored boats were in various stages of disrepair or sat idle. We have witnessed many instances where pleasure boats trying to dock at the pier were turned away or crews harassed upon disembarking.
This leads to our last and most vocal argument against restoring the pier, liability. Not one single boat moored at the Deep Creek Pier carried any kind of insurance, more specifically liability insurance. Incidence over the years of boats slipping their mooring and running into our pier has tested our patience and pocket. We have been threatened with lawsuits by our own tenants after their boats have been struck by these uninsured vessels, and threatened with violence when confronting captains, owners, and crew of those guilty boats. We have constantly had to police the parking lot and threaten towing those individuals responsible for damage to our property.
Recently, we have been informed by our attorney should someone get hurt on or around the pier we could be held liable by the courts as a facilitator for letting individuals park in our lot.
We strongly urge council to stand firm on their decision to dismantle the pier in the quickest way possible. Any further open discussion regarding the repair or replacement of the pier continues only to rally those hoping for a city facility at the end of Deep Creek Road. Recently we were asked by the City if we would be interested in donating land adjacent to the pier. Unfortunately donating our number one asset, the waterfront, is not feasible at this time. To this end, if the City is willing to purchase the entire property we would gladly entertain any dialogue. Thank you in advance for any consideration given this letter.
Regards,
Marty Moliken
Jeffery Deyong
James River Marina
Deep Creek Pier 