Norfolk councilman says he's sorry for taking park contract

NORFOLK

City Councilman Barclay C. Winn should have asked his colleagues for approval before accepting a $254,292 contract for his nursery to do landscaping work at Town Point Park, City Attorney Bernard A. Pishko said last week.

Without that resolution, Winn likely was in "technical violation" of the state Conflict of Interests Act, said Pishko, who added that Winn faces no penalty for failing to seek approval.

Winn said he takes "full responsibility" for the oversight and regrets not having asked for a resolution of support.

"I feel very embarrassed that I did not do my homework," Winn said. "It was purely and simply my mistake."

He added that he likely won't bid again on any contract that involves a city facility.

Before Winn joined the City Council in 2000, Winn Nursery often was awarded contracts to do landscaping for the city. Since being elected, Winn said he has not bid for any city contracts. He said he continues to do work for 17 other area cities and counties.

Winn Nursery received the contract from Conrad Brothers, a Chesapeake firm hired by the city as the general contractor for the $11.5 million restoration of Town Point Park.

Winn said his company was asked to bid on the job because the nursery has worked with Conrad on numerous projects in the past.

After being hired by the city, Conrad asked four companies to bid on the landscaping job, including Winn Nursery.

Winn said that because he was dealing directly with Conrad Brothers and not Norfolk, he was unaware that he needed to seek approval from the council.

Winn Nursery was not the low bidder for the project. According to documents obtained from the city under the Freedom of Information Act, Professional Landscapes of Virginia, a Virginia Beach firm, bid about $9,000 less than Winn Nursery.

But Professional Landscapes proposed planting some trees other than the species the city had asked for. Landscape architect Taylor Gould, of MMM Design Group, recommended that Conrad officials hire Winn.

"We feel that price difference is not large enough to compromise on the design intent," Gould wrote in an e-mail.

Winn said he has had no contact with city officials while working for Conrad.

Assistant City Manager Stanley A. Stein, who is overseeing the restoration of the park, said he was unaware Winn Nursery was doing landscaping until he saw it recently on a local political Web site. Stein said Winn has not discussed the issue with him.

Winn Nursery employees have been working on the site with the company name on their shirts and trucks. "Obviously, we're not trying to hide anything," Winn said.

Most council members defended Winn.

"When Barclay decided to run for the City Council he knew that he was going to lose a lot of business because he couldn't work for the city," Councilwoman Theresa Whibley said. "He has sacrificed a lot to serve on the City Council. I think it's inappropriate to have any concerns about this."

"I have complete confidence in Barclay's integrity," added Mayor Paul Fraim.

However, Councilman Paul R. Riddick criticized Winn, saying that he previously profited from the city's purchase of the Downtown Plaza shopping center. Winn had a partial ownership interest in that property and abstained from voting on the purchase.

"Barclay Winn is always trying to sound like the fiscal conscience of the council," Riddick said. "This doesn't look right to me. Barclay wasn't born yesterday."

Fraim, Whibley, Councilwoman Daun S. Hester and Councilman W. Randy Wright said they conduct no business with the city.

Others do not work directly for Norfolk.

Vice Mayor Anthony L. Burfoot is a deputy in the treasurer's office, but all of his pay comes from the state. The city supplements the pay of the treasurer's employees, but Burfoot doesn't accept it, despite Pishko's advice that he could accept the extra pay if he wanted to.

Riddick's funeral service takes part in Norfolk's indigent burial program and receives a small amount of city funding for each burial. Pishko said because there is not a contract, and because fees are not negotiable, Riddick is not violating any law.

Councilman Don Williams, a Willoughby businessman, purchased lots from the housing authority in East Beach and developed them. Each purchase was approved by the housing authority board, he said.

Hester faced a situation similar to Winn's in 2007, when she was working for a company that had bid to run the school system's alternative program. Because the council appoints School Board members, the school system broke off negotiations with the company in order to avoid the perception of a conflict of interest.

Hester resigned from the company and apologized for the potential conflict.

"I am certain Barclay will work through this as I did," she said.

Harry Minium, (757) 446-2371, harry.minium@pilotonline.com