Newport News City Council

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Overview

Map showing the local jurisdictions the Hampton Roads region, with the City of Newport News in purple and the three coal terminals marked.

The Newport News City Council consists of six elected Council members and the City's mayor. The Council operates under a council-manager form of government, where an elected city council hires a manager to serve as chief executive. The Council is responsible for setting municipal policy, passing local laws, approving budgets, and overseeing land use and development. The Council has influence over issues related to economic development, the environmental, and public health, making it a key player in addressing community concerns about coal dust pollution. The Council also has jurisdiction over the Dominion Terminal Associates and Kinder Morgan Bulk Terminals.

Southeast Newport News Atmospheric Pollution Survey, Early Mitigation, and a City Ordinance, 1950s

In the 1950s, a coal dust-related complaint to the Newport News City Council by the Garden-Shores Civic League led the City to conduct a research study to identify the amount of coal in airborne particles.[1][2] The City hired Froehling and Robertson Inc., a Richmond-based chemical engineering firm, who installed ten dust collection stations within Southeast Newport News. The study produced evidence that coal was prevalent in airborne particles, with as much as 45% of airborne dust being un-combusted coal in one measurement period at the station located at 15th Street and Wickham Avenue.[3][4] As a result, the Chesapeake and Ohio (C&O) Railroad Company installed equipment to create a water fog over the coal piers to suppress dust.[4]

A second outcome was that City Manager J. C. Biggins presented a local ordinance to the Council designed to control air pollution sources, including the coal terminals.[5] The Newport News City Council approved this ordinance, which remained in the municipal law, until 1966 when the Virginia General Assembly passed the Air Pollution Control Act, creating the Virginia State Air Pollution Control Board (APCB).[6]

Southeast Community Plan, 2011

In 2011, a Newport News City Council work session agenda acknowledged that coal dust pollution was an ongoing issue despite the wet suppression system used by Dominion Terminal Associates and Kinder Morgan Bulk Terminals.[7] The agenda also recommended commercial development on the Harbor Homes and Dickerson Courts land "because of its location adjacent to I-664, the coal terminals and access to the I-664 on/off ramp."

Capital Improvements Plan, 2018–2022

In discussions around the 2018–2022 City Manager's Recommended Capital Improvements Plan (CIP), $1.1 million was categorized for environmental projects, including emergency response/environmental remediation and HVAC system environmental assessment to evaluate air quality in public buildings.[8] Councilwoman Saundra Cherry described how the Southeast CARE Coalition had done an air quality in the Southeast Newport News and wanted to know whether measurements could be collected using CIP funds in the vicinity of the of the Dominion Terminal Associates. Cherry suggest pathways through both types of funding (environmental remediation and HVAC systems) but was told the funds could not be used in this way. City Manager Everett Skipper indicated "the city was doing nothing" because Dominion Terminal Associates was subject to a Virginia minor new source review (NSR) air emissions permit.

Community Change Grant Application, August 2024

In a City Council Meeting on August 13, 2024, Mayor Jones advised City Council and the public that the City was working on a grant application to the U.S. Environmental Protection Agency's Community Change Grant program. Mayor Jones said the grant would be applied to studying coal dust issues and mitigation.

Summary of Comment by Mayor Jones: "Mayor Jones advised that the City was working on the grant application for $2 million for Environmental Justice. He thanked Mr. Miller, Ms. Jennifer Privette, and Ms. Jerri Wilson. He indicated that on Monday, August 12, 2024, all the Community Partners, the Universities, Yugonda Sample-Jones—Em Power All, and all the non-profits were really going after the track one grant from the Environmental Protection Agency (EPA). Mayor Jones advised there had been a lot of work done behind the scenes and he was hoping for good news. He shared that track one of the grants would be able to look at coal dust concerns and ways to mitigate it. The City could not perform this work on its own and would need the federal government."[9]

While not clear in the summary, Mayor Jones meant that the City was seeking a Track I grant of up to $20 million.

In August 2024, the City hosted a grant planning meeting with a small number of invited community members and City officials that was run by a consulting firm. The meeting was not publicly advertised. In the first portion of the meeting, the consultants collected feedback from meeting attendees regarding their environmental and climate priorities, with many people mentioning coal dust pollution and a desire for new physical infrastructure such as wind fence or dome. However, City Manager Alan Archer, who was in attendance, repeatedly steered the group away from such physical infrastructure. Some discussion was had about tree barriers as an alternative. In the end, the final version of the proposal was not shared publicly, and there is no way to know if the City requested any funding for new infrastructure for coal dust mitigation.

In a City Council Meeting on November 26, 2024, City Manager Archer introduced Mr. Eoghan "Owen" Miller, Chief Strategy Officer with the Bloomberg American Sustainable Cities (BASC) initiative, to discuss environmental sustainability-related funding efforts. In response Mayor Jones reiterated his belief that the Community Change Grant program was the major pathways to addressing coal dust pollution.

Summary of Comment by Mayor Jones: " Mayor Jones reminded Council the [Community Change Grant] was one of the biggest levers that the City could take a look to consider coal dust remediation in the Southeast Community. It was going to take a lot of money to figure out a way to remedy the situation. He thanked Mr. Miller, Ms. Privette, the Sustainability Team, Ms. Jerri Wilson, Intergovernmental Affairs Manager, for doing a lot of political maneuverings behind the scenes. He stated should the City to get the grant it was a Track I Grant and was going to be up to $20 million to figure out a way to migrate coal dust whether it was a coal fence or dome. The City could take a look at the requirement for federal dollars which was out of that giant pool of $2 billion for environmental justice. He advised that it was a rolling application, the City submitted it and should hear back soon."[10]

Summary of Response by Councilwoman Tina Vick: "Councilwoman Vick questioned how effectively the players with the coal dust companies were working with the committee. Mr. Miller replied the committee had not engaged with the coal dust companies formally yet, as part of the committee or the BASC effort. The City had initial conversations. He believed in some cases the City had more success than others and were really hoping that this effort and [Virginia Department of Environmental Quality] had an air monitoring approach moving forward. The City was hoping that it provided an opportunity to bring everybody to the table and continue those conversations"[10]

Summary of Follow Up by Mayor Jones: "Mayor Jones advised that he met with one of the CEO's probably every two months and he was tracking that the City was doing the work and understood it. He indicated it seems to be a lot of goodwill, obviously federal money—$20 million would be helpful. He shared that the process had been stalled for so long that to even have an opportunity would be great. Mayor Jones indicated the City partnered with Mrs. Yugonda Sample-Jones group (EmPower All), bringing in the community, the City, and CEOs would bring a good resolution and hopefully see great things."[10]

The City's proposal was ultimately not selected for funding by EPA. When Donald Trump became president in 2026, EPA Administrator Lee Zeldin cancelled all grants awarded under the Community Change Grant program.[11] Mayor Jones has inaccurately attributed the anti-environmental justice efforts of the Trump Administration to the outcome of the City's proposal.[12] However, had the City been successful, the grant would have indeed been canceled.

A Record of Coal Dust Concerns at City Council Meetings

The Council has received complaints about coal dust pollution and nuisance from residents for decades. A selection of coal dust-related concerns are quoted from recent meeting summaries below. Additional complaints are archived at: Complaints and Interviews and Oral Histories.

City Council Meeting, May 22, 2018

Summary of Comment by Mr. Earnest Thompson: "Mr. Thompson stated, regarding the Choice Neighborhood Initiative, he hoped the City would address the issue of coal dust, as the Southeast Community was transformed. He hoped that what Newport News did on the CNI would become a template for what other cities would marvel at and model that. He encouraged City Council to continue advocating until they realized what they were after."[13]

City Council Meeting, June 12, 2018

Summary of Comment by Mr. Earnest Thompson: "Mr. Thompson addressed City Council on the matter of coal dust across from the CNI community. He advised that residents of the neighborhood "sucked coal dust," and wiped it from their homes daily. He hoped that City Council would commission a study to look at the coal dust issue. He sated, if there were would to be an open air restaurants in the Southeast Community, something must be done. Citizens of the East End had breathed coal dust for years."[14]

Public Hearing on Re-zoning the Land Formerly under Dickerson Courts on November 3, 2021

Summary of Comment by Ms. Millie Taylor: "Ms. Millie Taylor, [address removed] stated in the past, she was told the property at Terminal Avenue was "brown ground" and nothing could be built there. She stated people moved out of the adjacent Dickerson Court area because kids were getting asthma and chronic illnesses. Ms. Taylor stated she understands this is an industry [incoming with the zoning change] that builds one-story modular houses for low-income. She asked if building these houses will affect her air quality. Ms. Taylor stated she is already dealing with coal dust and shipyard dust inside and outside of her house. She stated her car is full of coal dust. Ms. Taylor asked what they are going to use to build these houses that could affect the air quality in downtown Newport News. Ms. McA||ister stated what they are proposing is a large facility where they fabricate houses that will be shipped to other locations. Mr. Taylor stated this will be an assembly shop. He stated the individual pieces are manufactured somewhere else. Mr. Taylor stated this facility is where they will assemble the pieces to make the components to build the houses. He stated they are not manufacturing anything that will affect the air. Ms. Taylor asked if something is being built at 520 21th Street. Ms. McA|lister stated that is the adjacent block. Ms. Taylor asked if the rezoning will affect her tax assessment and will the taxes in her community go up. Mr. Taylor stated the area that is being proposed for the rezoning will not affect Ms. Taylor's zoning. Ms. Taylor asked if she can reach out again if she has more questions later. Mr. Taylor stated yes. Mr. Williams introduced himself to Ms. Taylor, stating he is a nearby neighbor and would be happy to discuss what is happening in their community any time."[15]

City Council Meeting, September 12, 2023

Summary of Comment by Ms. Bianka Wilson: "Ms. Bianka Wilson, [address removed] shared that she was a long-term Newport News citizen in the Southeast District. She was raised int he City of Hampton, but relocated to Newport News. Ms. Wilson expressed concern about the environment in the East End, particularly coal dust. She displayed a white cloth which was full of coal dust accumulated from a package delivered to her front door. She observed the progress being made in the City of Newport News while revitalizing the infrastructure—creating new school, building a new Early Childhood Education Center, constructing wellness trails and constructing new homes. Children had increased lead levels in their blood, elderly citizens who were afraid to sit outside on their porch due to the coal dust accumulating on their furniture. She questioned what was being done to resolve the long term issue with which residents had been plagued. She further inquired what could be done to reduce the amount of air pollution being plagued on the citizens. Ms. Wilson advised that it would become an issue for those citizens interested in purchasing a hime in the Southeast Community at approximately $400,000, and question whether they knew their house was surrounded by polluted air. She recalled a time when the Southeast Community was predominantly low-income, but no longer because times were changing."[16]

Summary of a Response by Councilman Cleon Long: "Councilman Long extended thanks to everyone for their attendance and participation, and sharing their concerns, particularly those addressing the issue of coal dust. He advised there were plans with the Department of Environmental Quality to learn the type of pollution created in the Southeast Community."[16]

Summary of a Response by Councilman Patricia Woodbury: "Regarding the coal dust issue, Councilwoman Woodbury believed there was a way to find more solutions to eradicate the issue the coal dust matter. She promised to perform additional research on the issue and believed the City should partner with officials from the state or federal level."[16]

City Council Meeting, January 23, 2024

Summary of Comment by Ms. Yugonda Sample-Jones: "Ms. Yugonda Sample-Jones, [address removed] shared that she was a proud resident of the East End Community, and Chair of the Citizens Advisory Committee for the Choice Neighborhood Initiative (CNI). She addressed a matter of great concern that affected the community, which was coal dust from Dominion Terminal Associates, LLP, located at 600 Harbor Road. While recognizing the significance of the terminal as a self-proclaimed world-class coal-shipping and storage facility, it was crucial that the environmental impact on the neighborhood be addressed. Ms. Sample-Jones advised that the Southeast Community was undergoing a transformation with new development, such as a Pre-School on 16th Street and Jefferson Avenue; new homes from the CNI, and a brand new seafood market overlooking the waterfront. She stated the presence of the coal dust settling on the promising projects was concerning. She urged members of City Council to consider the responsibility of Dominion Terminal Associates, LLP in protecting the air from the particles emitted by their operation. In striving for progress and a better quality of life, Ms. Sample-Jones indicated it was essential that the well-being of the residents was given priority. She strongly recommended that City Council encourage Dominion Terminal Associates, LLP to explore and implement effective measures such as a wind fence or domes to mitigate the spread of the coal dust. This proactive approach would align with the shared commitment to a cleaner and healthier environment for all. Ms. Sample-Jones trusted that together a solution could be found that would benefit the community."[17]

Summary of Comment by Mr. Malcom Jones: "Mr. Malcom Jones, [address removed] stated as a concerned citizen of the Hampton Roads region, father, and community advocate, he wanted the best for his family and community. He advised that heath was wealth, and reiterated the remarks of Ms. Sample-Jones about the coal dust in the area. He urged City Council to take advantage of the opportunity to take environmental justice seriously for the legacy of the residents' future for families and children, who all deserved quality of life. Mr Jones shared that the issue of coal dust existed for years, but 2024 is the time to fix environmental issues in the area by tackling coal dust."[17]

Summary of Interjection by Mayor Jones: "Mayor Jones advised, the United States Office of Environmental Protection Agency's Office of Environmental Justice and External Civil Rights announced the largest single investment in environmental justice in history, funded by President Biden's Inflation Reduction Act. Approximately $2 billion in funding was made available to support community-driven projects that would deploy clean energy, strengthen climate resilience, and build capacity for communities to tackle environmental and climate justice challenges. The U.S. EPA's Community Change Grants were the single largest investment in environmental justice going directly to communities in history, and would advance efforts to achieve a healthier, safer, and more prosperous future for all."[17]

Summary of Comment by Captain Patrick Wright: "Captain Patrick Wright, [address removed] shared history on the development of the City of Newport News, advising without the C&O railway and the coal brought to the area for export, the City would have been different. (A copy of Captain Wright's comments are attached in full and made a part of these minutes [and archived here]). He advised that reality of coal was it was a toxic and polluting 19th century energy source that was phased out at the end of World War II. He stated that clean coal was a myth. Coal spewed a blanket of pollution and environmental degradation. Captain Wright advised that the residents of the Southeast Community were familiar with the matter that flew off of the huge coal piles soiling homes and leaving a black coating on window sills and ledges. Southeast Community residents worry about the health effects on themselves, their children, and the elderly. Citizens believed that the coal piles were a contributing factor to the high rate of asthma in children, which was reported to be twice as high as other areas of Newport News. Captain Wright advised that positive action to protect the health of citizens and the environment should be taken. Although coal played a large part in promoting prosperity in the early days of the City, its liabilities demand that it be replaced with clean, carbon-free energy sources."[17][18]

Summary of Comment by Ms. Ann Creasy: "Ms. Ann Creasy, [address removed] shared that she lived and worked among coal dust from Norfolk Southern, trains transporting and dumping onto ships in the Elizabeth River in Lambert's Point. She stood in solidarity with Newport News residents, having spoken to many over the years and listened to the testimony and impacts of coal dust of their health and homes, and their concern for their children, and local schools that often had higher rates of asthma. Many of the pollutants were made of tiny particles so small they could pass through one's lungs and into the blood stream. Tests showed that coal dust contained arsenic, lead, mercury chromium, nickel, selenium, and other toxic heavy metals. Exposure to coal dust was linked to decreased lung capacity, an increase in childhood bronchitis, asthma, pneumonia, emphysema and heart disease. Areas with high levels of coal dust pollution had increased the mortality rate and decreased life expectancy. She commended Mayor Jones and City Manager's pursuit of environmental justice funding at the federal level. Ms. Creasy urged members of City Council to pursue any available pathways to address coal dust in Hampton Roads. She advised that she worked for the Sierra Club, who had submitted a petition to the EPA to enact stricter regulations regarding coal pollution from open-top rail cars which transported coal in larger open top rail cars which deposited coal into waterways. This was not in compliance with the Clean Water Act. The Sierra Club urged local officials to support the petition to bring the transportation of coal into compliance to reduce the amount of coal dust emitted into the environment."[17]

Summary of Inquiry Response by Councilwoman Woodbury: "Councilwoman Woodbury inquired about the Sierra Club's petition, and the difference in the transportation of the coal. Ms. Creasy responded that the petition did not propose a solution beyond seeking that train companies would need a permit for the discharge of coal. Any further solutions were not covered in the petition. Arguably, there was an unregulated discharge of coal from trail cars, so they need to get a permit to be brought into compliance with the Clean Water Act. Councilwoman Woodbury questioned the possible suggestions. Ms. Creasy replied the suggestion was to obtain a permit, but it did not explore a long term solution."[17]

Summary of Comment by Pastor Lathaniel Kirts: "Reverend Lathaniel Kirts, [address removed] shared that he was a concerned citizen and local Pastor in the Southeast Community (Pray First Mission Ministries). He commented on health and well-being, a pressing issue that affected the community - the presence of coal dust in the City. He advised there should be a collective responsibility to ensure that Newport News continued to be a healthy place for all people. He had heard numerous stories about families who were tired of power washing their houses, car washes for coal dust, and changing the filters in their homes. He heard about [s]ensors and monitors being placed in homes. He advised that was a good beginning but what was needed was a wind fence and a coal dome to enclose the coal and block the coal dust from blowing into the water and lungs of the children or elderly. Reverend Kirts stated this is a common humanity matter as we all breathe the same air. The coal dust would affect the respiratory abilities of the citizens as well as the asthma rates in the community. He advised the asthma rate in the Southeast Community was twice as high as any other community in the City of Newport News and the Commonwealth of Virginia. He urged City Council to figure out a way to correct these and other issues in the City and how to fight for the citizens by providing sensible regulations on Kinder Morgan coal terminals and Dominion Terminal Associates, LLP."[17]

Newport News City Council Retreat, February 7-8, 2024

Response to the Question of What the City of Newport News Was Not Doing So Well or Could Be Doing Better: "Addressing coal dust" was listed.[19]

Documents

References

  1. Newport News to Analyze Smoke and Soot Nuisance in Garden-Shores Sector, Daily Press, April 4, 1954.
  2. Study of Air Pollution Set to Start Soon, Daily Press, September 21, 1956.
  3. Council, Daily Press, December 4, 1956.
  4. 4.0 4.1 C&O to Install Costly Equipment for Control of Air Pollution in NN, Daily Press, December 12, 1956.
  5. Council Gets Air Pollution Control Plan, Daily Press, December 18, 1956.
  6. Legal Aspects of Air Pollution, Virginia Journal of Science, Virginia Academy of Science, 18, 1, January 1967.
  7. Newport News City Council, Work Session Agenda, September 27, 2011.
  8. Newport News City Council, Work Session Agenda, October 25, 2016.
  9. Newport News City Council, Work Session Minutes, August 13, 2024.
  10. 10.0 10.1 10.2 Newport News City Council, Work Session Meeting Minutes, November 26, 2024.
  11. Citation
  12. Mobley et al., Newport News Mayor Phillip Jones responds following Trump anti-DEI policy taking aim at 'environmental justice',WAVY.com, Feburary 5, 2025.
  13. Newport News City Council, Meeting Minutes, May 22, 2018.
  14. Newport News City Council, Meeting Minutes, June 12, 2018.
  15. City of Newport News Planning Commission, Meeting Minutes, November 3, 2021.
  16. 16.0 16.1 16.2 Newport News City Council, Meeting Minutes, September 12, 2023.
  17. 17.0 17.1 17.2 17.3 17.4 17.5 17.6 Newport News City Council, Meeting Minutes, January 23, 2024.
  18. Captain Wright, Coal and the Southeast Community of Newport News, January 23, 2024.
  19. Newport News City Council, Retreat Minutes, February 7–8, 2024.