Newport News City Council

The Newport News City Council is the elected legislative body that governs Newport News, Virginia. Operating under a council-manager form of government, the Council includes a mayor and six other members who are responsible for setting municipal policy, passing local laws, approving budgets, and overseeing land use and development. The Council wields considerable influence over issues related to economic development, environmental regulation, and public health, making it a key player in addressing community concerns about coal dust pollution.

All council meetings open to the public (but not all allow public comment). Placards, banners, and signs are banned at meetings: “Citizen comments on matters germane to the business of city council” are allowed as part of the prescribed agenda on every regular meeting, but not special meetings or work session meetings.

Political and Regulatory Power

Zoning and Land Use Regulation

• Authority to approve or deny rezoning applications, conditional use permits, and special exceptions.
• Can regulate the location and expansion of bulk storage facilities, including those handling coal.
• Has the ability to revise the city’s Comprehensive Plan and zoning ordinance to limit or discourage industrial uses near residential neighborhoods or schools.
• Relevance to coal dust: Council can restrict or rezone properties used for coal storage/handling to increase buffer zones or require enclosed storage.

Environmental Ordinance Power (Limited, but Notable)

• While the Virginia Department of Environmental Quality (DEQ) has primary environmental authority, the City Council can pass local ordinances related to nuisance abatement, dust control, and air quality monitoring on city property or through specific business licenses.
• The Council could adopt supplemental dust control ordinances for industrial operators within city limits or require local impact studies for permit renewals.

Franchise and Permitting Authority

• Grants or renews franchise agreements and special permits for utilities, railroads, and port-related operators that move or store coal.
• Can impose operational conditions as part of these agreements (e.g., covering coal piles, limiting transport times).
• May restrict or condition the operations of companies transporting coal through neighborhoods affected by dust.

Budget and Capital Improvements Control

• Controls the annual budget and capital improvement plan (CIP), including funding for air quality monitoring stations, health impact assessments, and public infrastructure upgrades (e.g., green buffers or stormwater systems to trap particulate matter).
• Can allocate funding to monitor and mitigate coal dust impacts, particularly in affected districts like the Southeast Community.

Public Health and Safety Oversight

• Works with the Newport News Department of Public Works and the Peninsula Health District to address public health risks.
• Can issue resolutions urging state or federal agencies (like DEQ or EPA) to take action or perform environmental studies.
• May declare coal dust a public nuisance or health risk, and demand state intervention or stricter permit conditions.

Community Engagement and Advocacy

• Holds public hearings and town hall meetings on local issues, including environmental concerns like coal dust.
• Can formally petition the General Assembly or state agencies for expanded authority or new laws enabling stronger local regulation.
• Can amplify resident concerns and act as a conduit for community-led initiatives on coal dust regulation.

Real Estate and Land Acquisition

• Has the authority to purchase, lease, or condemn property for public use, including buffer zones around polluting industrial sites.
• Could pursue the strategic acquisition of land near coal-handling areas to create protective green zones or parks.

Oversight of the City Manager and Departments

• Sets policy direction for the City Manager, who oversees departments such as Planning, Engineering, and Public Works.
• Can direct the administration to investigate complaints, study coal dust dispersal patterns, or negotiate with port operators.

Limitations

The Newport News City Council operates under Dillon’s Rule, meaning it only has powers explicitly granted by the Virginia General Assembly. It cannot enact laws that conflict with state or federal statutes and has no authority over environmental permitting, which is handled by the Virginia Department of Environmental Quality (DEQ) and the federal Environmental Protection Agency (EPA). The Council cannot regulate railroads, which fall under federal jurisdiction, or impose restrictions on state-run facilities like the Port of Virginia. It lacks authority to enforce emissions standards or override DEQ-approved operations. Enforcement power is limited to local tools like fines, stop-work orders, or zoning actions. The Council also cannot create criminal penalties or impose conditions outside the scope of municipal code. Political and budgetary constraints can limit how aggressively ordinances are pursued or enforced.

However, the Council can pass ordinances related to zoning, land use, and public nuisances, including regulations that affect where and how coal-related facilities operate. It can allocate funding for air quality monitoring, environmental studies, or mitigation measures like green buffers. The Council can condition local permits, such as business licenses or special use approvals, to require dust control measures. It can also petition state agencies or the General Assembly for stronger environmental oversight or expanded local authority.

Ordinances

Passing a local ordinance could be a direct and proactive tool to mitigate coal dust impacts. Even if environmental regulation is primarily a state-level responsibility, cities like Newport News can pass nuisance or land use ordinances that protect local health and quality of life, especially in environmental justice communities.

Process

1. Proposal and Drafting
   • A proposed ordinance is introduced by a City Council member, the City Manager, or recommended by a board, commission, or citizen group.
   • City legal staff assist in drafting the ordinance language.
2. Introduction to City Council (First Reading)
   • The ordinance is formally introduced at a City Council meeting.
   • It is entered into the public record, and the title is read aloud.
3. Public Notice
   • Per Virginia law, a public notice must be published in a local newspaper at least five days before the vote.
   • The notice includes a summary of the ordinance and the date of the public hearing.
4. Public Hearing
   • Residents and stakeholders are invited to speak in favor of or against the proposed ordinance during a scheduled City Council meeting.
   • People must register with the city clerk at the entrance before the meeting, giving name and address. There is a 3 minute speaking limit. There is nothing about remote meetings or comments in the code.
5. Discussion and Amendments
   • Council members may debate the proposal and suggest changes.
   • Legal staff may adjust language based on feedback or legal concerns.
6. Final Vote (Second Reading)
   • Council votes to adopt, amend, or reject the ordinance.
   • A simple majority (4 out of 7 members) is required to pass most ordinances.
7. Implementation
   • If passed, the ordinance becomes law on the effective date specified (often immediately or within 30 days).
   • City departments are responsible for enforcement and compliance.

Council Members

Council in 2025

Mayor: Phillip Jones (Term: Jan 01 2023 - Dec 31 2026)

Vice Mayor: Curtis D. Bethany III (Term: Jan 01 2023 - Dec 31 2026)

Councilman Robert Coleman (Jan 01 2025 - Dec 31 2028)

Councilman John R. Eley III (Jan 01 2023 - Dec 31 2026)

Councilman Marcellus L. Harris III, D. Div. (Jan 01 2025 - Dec 31 2028)

Councilman Cleon M. Long, P.E. (Jan 01 2023 - Dec 31 2026)

Councilwoman Tina L. Vick (Jan 01 2025 - Dec 31 2028)