Shore Drive Community Coalition (SDCC)- General Meeting

Monday July 30, 2007

7:30pm to 9:00pm

Ocean Park Fire & Rescue Hall

In spite of the appellant?s allegations, based on our review of the record, staff cannot conclude that the Board failed to fulfill its responsibilities, or that the substantial rights of the applicant were prejudiced by a procedural error by the Board in hearing this matter. Accordingly, staff believes that this decision is well within the powers granted to the locality by Chapter 13 of Section 28.2 of the Code of Virginia and recommends that the May 21, 2007 decision of the Virginia Beach Wetlands Board be upheld.

The recently obtained Legal Brief, or Memorandum as it’s referred to here,  has jeopardized a fair Appeal Hearing according to the Virginia Beach City Attorney Office.

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VIRGINIA:

VIRGINIA MARINE RESOURCES COMMISSION

SANDLER AT INDIGO BAY, LLC

Applicant

v. No. VB07-300 NVW

WETLANDS BOARD

OF THE CITY OF VIRGINIA BEACH

MOTION IN OPPOSITION

The Wetlands Board of the City of Virginia Beach (?Board?) opposes the inclusion of the applicant?s ?Memorandum in Support of Appeal? in the agenda package of the Virginia Marine Resources Commission (?VMRC?) for the foregoing reasons:

1. The inclusion of such memoranda is not the ordinary course of business for VMRC staff. Memoranda are not routinely submitted by applicants or Boards to argue their case prior to the actual public hearing. As such, the inclusion of this Memorandum in the agenda packet unfairly prejudices the VMRC in favor of the arguments of the applicant, as they have been allowed a forum that was not allowed to the Wetlands Board or other opposition to the application.

The Board can submit their arguments in writing at this time, but they will not be included in the agenda package, as were those of the applicant. The Wetlands Board was not given an opportunity to also have their arguments before the VMRC prior to the hearing and in the agenda packet. This practice encourages the ex parte communication of the applicant, while unfairly prejudicing the rights of the Board to a fair and impartial hearing on the record from below. It is clearly against public policy to encourage such behavior. This unfair advantage given to the applicant by VMRC staff has prejudiced the entire VMRC proceedings.

2. The inclusion of the Memorandum in the agenda package also unfairly gives the impression to the Commissioners that the VMRC staff agrees with and endorses the information found in the Memorandum. Again, giving an unfair advantage to the applicants in a process that should be neutral and fair.

3. The Memorandum also opens the record from the Wetlands Board without authority and without a vote of the Commission as required by the process in Virginia Code Section 28.2-1312. The opening of the record was also done in an ex parte manner without allowing the Wetlands Board and others to object to its inclusion, robbing the Commission of the opportunity to impartially make a reasoned and fair decision as to its relevance and importance. The Commission, not VMRC staff, has the power to include other information not available at the Wetlands Board hearing. Thus, before this hearing begins the procedures of the VMRC have already been compromised.

Therefore, the Board requests that the Memorandum be stricken from the record and that no Commissioner who has read the Memorandum participate in the VMRC proceedings on this application.

________________________________

Of Counsel

B. Kay Wilson

Counsel for the Wetlands Board

2401 Courthouse Drive

Virginia Beach, Virginia 23456

(757) 385-4531

(757) 385-5687 fax

CERTIFICATE

I hereby certify that a true copy of the foregoing Motion in Opposition was mailed, regular mail, this 20th day of July, 2007 to John Daniel II, TROUTMAN SANDERS, 1001 Haxall Point, P. O. Box 1122, Richmond, Virginia 23218-1122 and R. J. Nutter, II, TROUTMAN SANDERS, 222 Central Park Avenue, Suite 2000, Virginia Beach, Virginia 23462.

_____________________________

B. Kay Wilson

1

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[Some formatting lost from original document by posting it, unedited, as it is presented above.]

The argument Sandler at Indigo Bay, recently known as Indigo Dunes, will be making at the VMRC Appeal Hearing is available.

Sandler at Indigo Bay Legal Brief submitted by Troutman Sanders LLP [18pg PDF]

The entire transcripts for the ~5 hours of testimony is available.

Read it here. [ 105pg PDF ]

Partial screenshot of the official Indigo Dunes website.

For inquiring minds, the site IndigoDunes.com, purchased in 2004 by LM Sandler, doesn’t have a whole lot of info on it either.

Locations & more info about where to take your boat at VBGov.com.

Updated maps showing projected hurricane storm surge flooding along coastal areas including Virginia Beach have been released by the Virginia Department of Emergency Management (VDEM), and the new maps have produced some significant changes for Virginia Beach.

‘Red’ is Zone 1.

View maps, links to resources, & more info about the updates that were last done in 1992 at VBGov.com.

A 19-foot boat caught fire Tuesday near the Lesner Bridge, sending thick smoke into the sky and forcing two would-be anglers into the water.
At Pilotonline.com.

Carpools for the July 25th meeting will be set up at Kroger’s near Northhampton Blvd and Shore Drive.
Participants are asked to meet at 8:15am for a scheduled 8:30am departure time.
Plan on returning to VB around 1:00pm.

Anyone needing a ride or willing to drive, please contact the carpool coordinator, Liz at 425-2123.

Google Map for Krogers.

The following is the latest description/information we have received concerning the suspects from the robbery on Sandlewood Road/Shore Drive a few days ago.

Suspect #1 was described as a white male, 19-20 yrs, 5`11”-6`00” tall, thin build, wearing an orange/blue jersey with blue jean pants.

Suspect #2 was described as a white male, 19-20 yrs, thin build, 5`08”-5`09” in height,wearing a white shirt and blue jeans.  Suspect #2 also had braces on his teeth.

A pleasure boat caught fire in the inlet at around 11:35 a.m. just south of Lesner Bridge. The people on the boat escaped without injury. V.B fire crews towed the burning hulk away from navigable areas and were monitoring the fire to ensure it posed no further risk.
Check out WAVY.com for more.

You read that right.

At CBF, the Act explains:
We propose a two-pronged solution. First, schools must be given more encouragement and flexibility to develop and deliver environmental education programs in science, math, language arts, and other curricular areas. Second, the federal government must increase funding for environmental education.

Learn more & take action at CBF.org’s site.
Environmental Learning Center for Pleasure House Point idea.

The Chesapeake Bay Foundation fully respects the decision of the Virginia Marine Resources Commission to balance the needs of the public, the commission and the process, and retain the originally proposed hearing location for the Indigo Dunes project appeal.

Read & comment on Letter to the Editor from Christy Everett Assistant Director for Hampton Roads Chesapeake Bay Foundation Norfolk.
How to submit your Letter to the Editor.

Here is the VMRC’s process and policy quick review on the Appeal Hearing. 

Policy:

1) Open to all public to attend and listen.
2) Only those that spoke at the Wetlands Hearing may speak at appeals
hearing, unless Commission votes to open the record.
3) Commission’s review is focused on the process that lead to the decision
by the Wetlands Board and whether the evidence presented, considered in its
entirety, justified the decision.
4) A continuance may be granted by the Commission on a motion made by the
developer, City or public during the appeal hearing.

Process:

1) VMRC staff give presentation and make recommendation to the Commission.
2) Developer has 30 minutes to present why the Wetlands Board decision was
wrong.
3) City of VB has 30 minutes to present why the Wetlands Board decision was
correct.
4) Members of the public that spoke at Wetlands Hearing have 30 minutes
total to reiterate or clarify their previous testimony.
5) Commission will either uphold the Wetlands Board decision or modify,
remand or reverse the Wetlands Board decision.
6) The Commission shall notify the parties of its decision within 48 hours
of the appeal hearing.

Additional Info:

1) VMRC Staff, City Staff & Developer will likely require about 20 seats.
2) Roughly 90 seats will be available to the public.
3) Room in hallway for additional ‘standing room only’.
4) Parking deck is located nearby building where Hearing is held.
5) Car pooling will be encouraged & coordinated thru our usual channels.
6) Bus might be made available.

The commission will hear the appeal by L.M. Sandler & Sons, developers of the 1,063-home Indigo Dunes project, at 9:30 a.m. July 25 at the VMRC office, 2600 Washington Ave. in Newport News.
Read & comment on article at Pilotonline.com.
Google Map to VMRC.

The Subcommittee will be considering preliminary concepts being developed by the City’s consultant team for Phases II and II improvement projects planned for Shore Drive, and developing a series of draft recommendations and comments on these concepts.  The draft recommendations and comments will be brought forward for consideration by the full Bayfront Advisory Committee at its meeting scheduled for July 19, and ultimately will be forwarded by the Committee to the City’s Project Management Team for consideration.
Learn more at VBGov.com.

Lynnhaven River NOW with Virginia DARE Soil and Water Conservation District are offering a workshop on RAIN BARRELS.

A rain barrel is an easy way to reduce the stormwater runoff from your property and make the water available for irrigating your garden. In the workshop you will be constructing a rain barrel that you can take home with you.

Entire magazine is available at VBGov.com including articles about BAC’s Kal Kassir & June Barrett-McDaniels and a couple guys who are successfully raising oysters in the Lynnhaven.

Looks like a fun day at First Landing with Scheduled Events including Pooch Photos, Doggie Day Spa, K-9 Officer Demo, Fido Fashion Show, lots of exhibits, Kids crafts and concessions.

Please read on to find out how you can volunteer.