More info at VBGov.com.
Item 16 in Agenda.

May 3, 2008

To Whom It May Concern:

The Lesner Cove Condominium Association located at 2140 Vista Circle, Virginia Beach, VA., is opposed to the rezoning of the City Marina from P-1, Preservation to B-2, and Commercial for the following reasons:

  * The Marina as it exists and is managed at this time is a public service to the taxpayers of Virginia Beach and one of the last facilities controlled by the city that is located in this water based recreation area. In a time when the preservation of all natural space is important and discussed by the city in various meetings, we feel that maintaining the Preservation Area zoning is in keeping with the city plan to preserve as much natural space as possible. We feel that the Marina is a feather in the City’s cap and do not understand why the City would want to give up control. Was this an opportunity to be explored because it would be a solution to the parking problems that exist with the commercial establishments in the area?

  * The Marina is a profitable property for the city returning $54,000 annually to its coffers. What is the need to allow a private entity to use it commercially and what are the exposure risks to the city if the management is outsourced? Why would the city want to hold property for a commercial purpose?

  * We are concerned about a private manager asking to put fuel tanks back on the property. The tanks that were there before split and fuel seeped into the ground and river. Oversight of fuel tanks would be the responsibility of the city creating more responsibility for the city. Again what is the risk to the city, property, river and surrounding neighborhoods and restaurants?

  * Vista Circle, the street address of the Marina is already overcrowded with traffic that at times, blocks the street both ways making it impossible for emergency vehicles and residents to gain access to their homes and businesses there. The area around the Marina includes a large number of residential homes and condominiums. Presently the marine generates little traffic other than a few boat owners and the Virginia Beach Marine Police which operates several police boats from there. The increase in traffic from a commercial establishment would have an all round detrimental effect on the community. The remaining empty piece of property abutting Chick’s Restaurant on the West side and owned by Mr. Francis, has already been zoned for a restaurant should he decide to build it, which will create more traffic on Vista Circle. We don’t feel that turning the Marina into a commercial entity and creating even more traffic challenges and more need for parking in the area is a responsible decision on the part of the City.

  * We have heard for several years about the creation of Waterman’s Walk in this area. Creation of Waterman’s Walk was a nice plan but would require business owners along the river to surrender property on the riverfront for a walkway. On the original plan for this nice thought, there was to be a parking lot at the intersection of Shore Drive and Vista Circle. We know of no plans that the city has at this time to purchase property for such a parking lot nor are we aware of any plan that the city has in place to gain access to the property on the riverfront necessary to accomplish “Waterman’s Walk.” Therefore rationalizing that this is a part of the city’s plan for Waterman’s Walk is not valid. There is no specific plan.

  * We do not want the open space at the back of the Marina destroyed. Once again preservation of the few open spaces that remain is important to citizens.

We will be attending the zoning hearing on May 14 and requesting that the city not rezone the City Marina. Any help or input you can give would be appreciated.

Respectfully,

Emily McBride, President
Lesner Cove Condominium Association

There are a number of rumors and unanswered questions flying around about the Permanent Public/Private Dredge Spoils Transfer Station being located at our beloved LBR&BF.

Previously we reported the results of our FOIA requests.

Some reports are not yet posted on the Official Project Page. Some analytical reports were just started & some completed only recently even though it was recommended back in 2006 the LBR&BF was the top choice for being available, for free, to handle all the dredge spoils from public and private dredging operations in the entire Lynnhaven Watershed. Note: The transfer station will be a permanent facility that can be used for the municipal project along the Western Branch, as well as along Crab Creek, the Eastern branch, and for various private dredging projects. [Quote from Official Project Page.]

Some of the rumors we believe need to be substantiated one way or the other, and also should be clarified publicly:

the winning bidder – the dredge company, will be responsible for
all safety related issues including operations at the LBR&BF & the
barges running near the Lesner Bridge, and for contacting the
appropriate emergency responders in the event of any type of
accidents.
[Currently there are no minimum requirements we know of.]

there will not be any contractual requirements specifically
placed on the operations of the barges such as no weather
restrictions, no restrictions on the number of tenders pushing/pulling
the barges, age of the tenders, number of personnel required to be on
the tenders, etc.
[Again, no contractual requirements.]

drug testing will not be required for any employees or
sub-contractors of companies operating at the facility.
[Remember…heavy equipment will be in use nearby families with children.]

background checks will not be required for any employees or
sub-contractors operating at the facility.
[Again, no requirements made public about sharing this recreational
facility.]

there will be no limit placed in the contract on the number of dump
trucks used per day, and therefore no limit placed on the number of
barges used per day.
[Unlimited dump trucks & barges is current plan.]

One rough draft slide from a presentation being put together addressing real & serious safety concerns re: barge strike on the Lesner Bridge if appropriate safety measures are not contractually required of dredging companies.

We’ve been assured that we will receive the data Clark-Nexsen is working from on their risk assessment. We’ve also been in contact with various agencies including the US Coast Guard, Homeland Security & others who are charged with protecting federal/state/local infrastructure from catastrophic failures.

Note: This risk assessment was only started in April 2008. Safety measures contractually required from assessment that would obviously also add to the cost of the operation are not part of any economic estimates for the use of the transfer station at the LBR&BF including estimates made at various meetings including March 19th 2008, nor are they included at the Official Project Page yet.

New info posted at the Official Page entitled “Contractor’s Responses to Citizen’s Concerns for Lesner Bridge Impacts”.
Risk assessment & safety plans not posted yet.

Dear Madam Mayor and City Council Members,

The Shore Drive Community Coalition (SDCC) is adamantly opposed to a dredge material transfer station being placed at the Lynnhaven Boat Ramp (LBR) Crab Creek site.  At our April 28th general meeting, SDCC member organizations voted unanimously to oppose a transfer station based on many reasons, some of which are listed below.

·      Safety Concerns – Council’s effort to make Shore Drive safer have been paying off.  It has been 2 years since the creation of the Shore Drive Safety Task Force and the last fatality on Shore Drive.  The approval of the proposed project takes a giant step backwards.  The addition of even one truck onto Shore Drive will pose a safety threat no matter how well the impact is mitigated.  Boater safety is also a concern from the 50+ barge trips per day planned.  Pedestrian safety at the LBR will be an issue with the 140 truck trips a day planned.  All aspects of this project will have adverse impacts on the safety of the Shore Drive area.

·      Lack of Vision – Council has spent almost 10 years and ½ million dollars creating a vision for the Shore Drive Corridor.  A dredge material transfer station was never part of this vision.  Public works has never participated in the planning of this vision and should not be the group making this vision destroying decision.  Long term goals for the Shore Drive Corridor need to be taken into account and weighed heavily for all projects and plans in the Shore Drive area.

·      Risk outweighs Reward – Barges crashing into the Lesner Bridge, barges crashing into other boats, pedestrian and vehicular accidents on Shore Drive, accidents in a heavily used boat ramp facility, and the increased degradation of the structural integrity of the Lesner Bridge from 140 truck trips per day.  These risks far outweigh any reward this site may hold over others along the Lynnhaven River.

Unfortunately, the SDCC doesn’t have the answer to the Lynnhaven dredging dilemma, but we do know the solution is not at the proposed LBR site.  SDCC members have expressed an interest in helping Public Works and Coastal engineers locate alternate temporary transfer sites that have less risk and safety concerns.  The SDCC also suggests creating a Lynnhaven River Dredging Task Force to help study the issues and identify sites acceptable to all communities.  It appears a new decision making process should be implemented since the 2 sites that have been identified over the past 2 years have both been opposed by the local residents.

If you have any questions, I can be reached at 869-5447Cell or 688-8365Work or todd@sdcc.info

Sincerely,

Todd R. Solomon

Todd R. Solomon
Shore Drive Community Coalition, President

Distribution:

Mayor Oberndorf
Mr. Dan Adams
Vice Mayor Jones
Mr. Justin Worrell, VMRC
City Council Members
Mr. Kal Kassir, BAC Chairman
Mr. Jim Spore
Ms. Deirdre Fernandes, Virginian-Pilot
Mr. Dave Hansen
Ms. Irene Bowers, Virginian-Pilot Beacon

TranStaOpLtrCouncil.pdf [1pg PDF]

Dear Madam Mayor and City Council Members,

The Shore Drive Community Coalition (SDCC) overwhelmingly supports City Council’s decision to officially vote on any dredge material transfer site prior to its implementation.

At the March 19th public hearing, Mr. Hansen stated that no final sites would be chosen without being approved by a City Council vote.  Since the hearing, this initiative has also been verified by a few Council members during general discussions with SDCC members.

The location of a temporary or permanent transfer stations is a highly charged and controversial topic.  City Council’s plan to endorse all sites by vote after receiving adequate technical justification and listening to public comment is the correct decision.  We agree as you do, that decisions on this matter are too important to be made by City staff alone.

Thank you for giving the residents a voice in any final decision that is made.

If you have any questions, I can be reached at 869-5447Cell or 688-8365Work or todd@sdcc.info

Sincerely,

Todd R. Solomon

Todd R. Solomon
Shore Drive Community Coalition, President

Distribution:

Mayor Oberndorf
Mr. Dave Hansen
Vice Mayor Jones
Mr. Dan Adams
City Council Members
Mr. Kal Kassir, BAC Chairman
Mr. Jim Spore

Councildecisionvotetransfersite.pdf [1pg PDF of Letter]

Police have pulled a body out of the Lynnhaven River. Dispatchers got a call from someone about 12:20 p.m. reporting that a body could be seen floating in the water from the 2900 block of Seashore Point, said Adam Bernstein, a police spokesman.
More at Pilotonline.com.

Meet at Starbucks about 9am to meet some very cool people, pick up litter in our Adopt A Highway Spot and get a free beverage. Our last turn out was a record!
Safety vests, bags & those cool sticks are provided.

You might want to bring your own gloves. Lasts until about noon.

Problem is, few people seem to know about the landfilling switch. And now, environmentalists are pushing SPSA to restart its composting program.
Grass & leaves are thrown in the ground!
At least …brush, tree trimmings and wood chips and converts them to mulch. The product is sold as fertilizer called Nature’s Blend.
Read & comment at Pilotonline.com.
Tell SPSA you want them to recycle yardwaste. Start here!

Excess nutrient run-off is a serious water quality problem in the Lynnhaven River.  It leads to excess algae which clouds the water and eventually leads to decreased levels of oxygen and possible toxins from algal blooms.  We experienced these algal blooms in all of our local rivers, including the Lynnhaven, this summer.

A variety of methods can be used to slow and reduce run off from properties. A rain barrel is one way to reduce the amount of water entering the river through the storm water system.  Lynnhaven River NOW and Mike’s Rain Barrels are offering a Rain Barrel Workshop on June 14th from 10:30-12:00 at the Cape Henry Collegiate School’s Dolphin Cafe, 1320 Mill Dam Road, Virginia Beach. The cost of this workshop is $50 (includes materials for one rain barrel) and the class is limited to 15 people.

Homeowners can easily reduce the amount of run off from their property by using a rain barrel. Rain barrels also provide homeowners with free, non-chlorinated water to provide healthy irrigation to house plants and gardens. In this workshop, attendees will leave with a completed rain barrel and simple installation instructions. 

This course is $50 per person and open to the public. Advanced registration is required. For more information or to register for the course, contact Helen Kuhns at Lynnhaven River NOW, hkuhns@lynnhaven2007.com or 757-962-5398.

Check out the link below for more info from the Salvation Army.

Suffolk Tornado Help [1pg PDF]

Thanks for the info Cherie!

Summer is right around the corner. What better way to enjoy a Virginia summer day than by spending it paddling down the Shenandoah, swimming in the James, sailing along the Bay, or merely enjoying the natural beauty of Virginia’s waters.

Unfortunately our rivers might not be as safe as you’d expect if recently proposed water quality changes are approved. Last week I asked you to send the Department of Environmental Quality (DEQ) a message asking them to maintain current health standards for our waters. Hundreds of you responded. Thanks!

DEQ’s public hearings regarding weakening the bacteria standards start tomorrow. Below you will find the correct dates and times for the three hearings. If you are interested in attending a public hearing to voice your concerns and would like additional information contact Mike Gerel, CBF’s Virginia Staff Scientist at mgerel@cbf.org.

May 8, 7:00pm
DEQ Tidewater Office
5636 Southern Blvd, Virginia Beach, VA 23462

We have a few short weeks to convince our state government that allowing more bacteria in Virginia’s waters is a bad idea. DEQ sets standards for how much pollution can exist in our waters. Rivers and streams that achieve the standard are considered clean and those that do not are required to be cleaned up.

If you haven’t done so already, please send DEQ a message asking them to maintain the current protections for Virginia’s freshwater rivers and streams. Please forward to friends and family so they may comment as well.

Let’s keep our waters safe!

Emily Francis
Advocacy & Outreach Manager
Visit CBF.org.

Farm Fresh Supermarkets in Hampton Roads and Elizabeth City are accepting donations for the American Red Cross Disaster Relief Fund and money received will be designated for Southeastern Virginia Tornado Disaster Relief, a news release says. All the Farm Fresh stores are accepting donations by way of cash and credit cards. Checks should be made payable to the American Red Cross Disaster Relief Fund. 

List of more organizations at Pilotonline.com.

The Virginia Beach General Assembly Delegation will hold a town hall meeting on transportation Wednesday, May 7, from 6:30 to 8:30 p.m. in City Council Chambers, located on the 2nd floor of Building 1 at the Virginia Beach Municipal Center, 2401 Courthouse Drive.

The Delegation is interested in obtaining public input on transportation funding.  Discussions will include regional and state-wide issues, the road construction and transit projects needed to reduce congestion in our region and any other transportation issues citizens may wish to provide input on. 
Details at VBGov.com.

The second law, which applies statewide, requires local government officers and certain local government employees to list all real property in which they have an ownership interest — regardless of its location — and to name any co-owners of that property. Currently, state law requires the officials to disclose only property they own in the jurisdiction where they serve and in any contiguous county, city or town.
Article at Washington Post’s Loudon Extra.

I think there’s another way,” Councilman Louis Jones said.

Council members Tuesday heard from about a dozen boat owners and Virginia Beach’s Commissioner of Revenue Phil Kellam. All blasted the boat tax increase.

Read & comment at Pilotonline.com.

Oyster Roast Thank You

Thank you to everyone for your help in making our 6th Annual Oyster Roast on Saturday a great success.  The food was delicious, especially those Lynnhaven Oysters, More Perfect Jones provided great music, the weather could not have been more perfect and our volunteers were terrific!  It was a great day to celebrate the progress we have made toward restoring the Lynnhaven River and recommit ourselves to this good work.  Thank you again for making it such a successful day.

Paddle for the Lynnhaven

The 5th Annual Paddle for the Lynnhaven is this Saturday at First Landing State Park, 64th Street entrance, the Narrows.  There will be a 7 mile race and a 3 mile fun paddle.  Registration starts at 8:00 AM; events start at 9:00 AM.  Sponsored by the Mid-Atlantic Paddler’s Association and all proceeds benefit Lynnhaven River NOW.  For more information, please contact Susie Johnston at 757-575-0022 or johnston.susie@verizon.net.

Presentation on Hurricanes at Virginia Aquarium

Steve Lyons, Ph.D., the Weather Channel’s tropical storm guru, will be the featured guest of the Virginia Aquarium & Marine Science Center’s Speaking of Science Series, Saturday, April 26, at 7 PM in the 3D IMAX Theater.  Admission to the series is free.  During his presentation, Lyons will address hurricanes, the current state of tropical storm science, and how these storms may affect our region.  He will also discuss how forecasting and response has changed since Katrina in 2005.

SDCC General Meeting – Monday April 28, 2008,  7:30 to 9:00pm
Ocean Park Volunteer Rescue Squad Hall (parking in back, on side streets and across Shore Drive)

Presentation on proposed parking deck at Westminster-Canterbury(WC) – Mr. Bill Pine from WC will discuss the
proposed plan to build a 3 story parking deck where the current ground parking exists.  This deck will add about 150
spaces and will be shielded from view by existing trees.  Bill will show several architectural sketches and hold a
question and answer session after the presentation. 

The general agenda for the evening will be: 
Presentation/Discussion – 30 Minutes

Officer’s Reports – Brief Reports
Secretary –  Tim
Treasurer’s Report – Leslie
Vice President & President – Daphne & Todd

Old Business- 

Indigo Dunes Project – Department of Environmental Quality (DEQ) will be issuing a Preliminary Permit.  The SDCC
will be submitting a letter to DEQ identifying the opposition points to the 2nd proposed plan.  These opposition points are
identical to the ones made for the plan that is going to Circuit Court since very little was changed and nothing to reduce
the community’s concerns.

Lynnhaven River Proposed Spoils Transfer Station – According to Councilman DeSteph, 2 new sites on the
Western Branch are being evaluated.  The SDCC has set up an area on http://www.sdcc.info where residents can submit
their suggestions for additional sites.  Residents are highly encouraged to add sites to the list. 
We’ll also chat about questions being submitted to P/W about the permanent facility & how it will impact the Shore Drive
Community. Current plan is to ask questions, get responses to make public, have each SDCC member vote on supporting or
opposing the transfer station as presented.

Cape Henry Beach Sand Replenishment – City Council and the City’s Attorney’s Office will be moving ahead with
necessary plans and paperwork to make Cape Henry Beach the spoils site for the next dredge cycle in 2009/2010. 
Nice job to all of those groups and members that worked on making this happen. 

SDCC Oyster Roast – Paperwork has been received for Saturday Nov 15th from noon until 4pm at the VB Resort
Conference Hotel.  Suggestion to have Eddie Sal as entertainment and to also invite the Cox H.S. artists for a art show. 
Are there any other suggestions?  We also need a chair or co-chair for the event.  If you like to throw a party, this
position would be perfect for you, who will step forward?

New Business –

SDCC Membership and Committee Participation – SDCC Membership forms have been mailed out.  Our goal is to
have 35 paid members this year.  This year’s packets contained a information form which we’d really like each group to
take the time and fill out.  Much of the information requested will help SDCC become a better organization.  Have you
received yours and have you responded?

2nd Annual Shore Drive Town Hall Meeting – Last month’s meeting it appeared everyone wanted to hold a Town Hall
meeting.  Now we just need to solidify a date, time, location and topics.  Suggestion was to hold it in May or June at the
same place as last time.  SDCC officers will check the hall availability and we will decide on one. 
SDCC Officer Nomination Committee – The nominating committee is getting an early start for the upcoming election
of 2008/9 officers.  If you are interested in running or know of anyone that may be, please contact Dan Creedon at
DanVaB@aol.com.  The committee will make their presentation of names at the October 27th general meeting.

Proposed Rezoning of City Marina – City Planning is scheduled to go before the Planning Commission to request the
rezoning of the marina to B-1 with proffers.  Several concerns were discussed at our last meeting and emails have been
exchanged with the City since them addressing these concerns.  Now the SDCC has to decide if we want to take a
position on this issue and what that position will be.  Come prepared to discuss.  If a position is warranted, then it will be
made either at the planning commission meeting or most likely at the City Council meeting that will follow. 

From FT STORY:

Classification:  UNCLASSIFIED
Caveats: NONE

At this time, the Soldiers are expected to return in time for a
8 p.m. ceremony Friday. However, as the original date and time we’re
pushed back, this too could change from now until Friday. I will keep
you in the loop of any developments. Thank you for all yours and the
CSBTS Civic League support.

Best,
Monica

Monica K. Miller
Fort Eustis Command Information Officer/Fort Story Public Affairs
757-878-4920 Fort Eustis Office
757-878-4928 Fort Eustis Fax
757-422-7101 Ext. 225 Fort Story Office
757-422-7706 Fort Story Fax
monica.k.miller@us.army.mil

CHESAPEAKE BEACH’S SUMMER SPECTACULAR ART SHOW
FRIDAY MAY 30 10 AM-9PM WITH LIVE MUSIC BY CURTIS AND BRADY BAILEY
MAY 31 10 AM-4PM
AT THE HOME OF CURTIS AND ROBYN BAILEY
4532 BLACK COVE ROAD
(OFF GREENWELL ROAD)

7 ARTISTS WILL PRESENT NEW WORK FOR HOME AND GARDEN
MIRIAM ABRAHAM
ROBYN BAILEY
ELAINE BIRK
DEBRA CHAKO,
GINGER JENKOT
BILL PINKHAM
MICHELE ZIMMERMAN
AND
FUNCTIONAL TO FANCIFUL CERAMIC ART & SCULPTURE

FOR INFORMATION CALL 464-6335

Added to the Official Page at VBGov.com for the dredging of the western branch of the Lynnhaven, & dredging opportunities for the rest of the watershed, are notes & comments submitted about using the LBR&BF as the permanent facility from both the March 19th meeting & the submitted comment cards.

We received an update last week about the open FOIA requests excluding work being done related to the Lesner Bridge.
2. Please forward us our open FOIA requests for various reports & analysis that were completed & highlighted the LBR&BF as the appropriate location. I have copied Nancy Bloom on this email as she also has those FOIA requests marked as open.

“All reports and analysis that have been completed have been provided.”

About the current plan of using the LBR&BF as a permanent facility for the entire watershed, we received this feedback:

“See question #4 on the Q&A fact sheet that is available on the related documents section of the project web page for clarification in regards to the anticipated limited duration and use of the facility.  The current proposal is for a permanent facility at this location as part of a long term strategy to provide multiple permanent transfer facilities to serve public and possibly private dredging needs.  If private use is allowed, it is not practical or likely that the Crab Creek facility would serve the needs of the entire Lynnhaven basin.  This issue was addressed in detail as part of the City’s presentation at the March 19th Public Meeting.”

Our hope is that will be explained better at the Official Page.

If you have direct questions about the Coast Guard & Army Corp of Engineer’s analysis we suggest you contact them directly.

Finally, re: Lesner Bridge safety, as soon we have the risk assessments, safety plans based on those assessments & data used by Clark-Nexsen, the engineering consulting company hired to do this work a couple weeks ago, we’ll make the info available here. Hopefully it’ll also be made available at the Official Page as well.