Category Archives: Environment

Mayor response to Prez of Cape Story by The Sea Civic League re: proposed dredge transfer station on Maple Street

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The Mayor’s email response:

Dear Empsy:

Thank you for your recent email, on behalf of the Cape Story Civic League, regarding the dredged transfer facility site.

City Council just received the Beaches and Waterways Advisory Commission’s report in response to the tasking we gave them on specific areas of the Neighborhood SSD Dredging Program. We are in the process of reviewing that report, along with staff.

The City’s application to the Virginia Marine Resources Commission (VMRC) for the construction of the mechanically dredged material transfer site has been returned to staff, and until we on City Council make a decision, the application is not active. Public Works Water Resources staff has submitted a renewal permit application to VMRC for maintenance dredging of Long Creek due to shoaling in the channel. This renewal permit application is in the public review stage. On January 20th, City staff provided additional information to VMRC for the application. VMRC requested this information prior to forwarding notification letters to the adjacent property owners about the renewal permit application. We hope residents are not opposed to our keeping the navigation channel open. I believe you may have also been in communication with Mr. Justin Worrell at VMRC and should have been advised this work could be performed by either hydraulic or mechanical dredging.

As to your request that we withdraw our appeal, we believe that the Board of Zoning Appeals’ decision has other ramifications which we need to consider as part of our appeal process. Our City Attorney has kept our options open by filing for an appeal. Our final actions have not yet been determined.

The adjacent parcel to the dredged material holding area is zoned R-7.5. I can ask staff to look at your request that the property to the east of the dredged material holding area be rezoned P-1 and am supportive of this request. A subdivision may be required so that we can continue to use the dredged material holding site for operations referenced above.

I hope this information is helpful. Your input is appreciated. Please do not hesitate to contact me if I may provide any additional assistance.

William D. Sessoms, Jr.
Mayor
City of Virginia Beach
Office of the Mayor
2401 Courthouse Drive, Building 1, Room 234
Virginia Beach, VA 23456
757-385-4581 (MAIN)
757-385-5699 (FAX)
wsessoms@vbgov.com

Empsy Munden is the President of the Cape Story by the Sea Civic League.
More at VBGov.com Neighborhood Channel Dredging.
Virginia Marine Resources Commission.

Thanks to Public Works for installing a pneumatic plug device in Crab Creek out fall line to help prevent catastrophic flooding.

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Public Works has installed a device similar to this in the Crab Creek out fall storm drain system. The device should help prevent catastrophic tidal flooding from storms like Nor ‘Ida in 2009, over ~$150,000 worth of damage, and Irene in 2011. The pneumatic plug device is a temporary solution. The permanent solution is the plan to move the Crab Creek out fall line to the pump station late in 2012.

Storm drain cleaning in Ocean Park today, and over the next couple weeks

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You’ve seen the contractor Tri-State cleaning storm drains in Ocean Park around the Ocean Park Baptist Church area.

I was just assured by the contract supervisor for the City of VB that the contract cleaning will be completed, then service requests by home owners will be completed in the next couple weeks. That includes lines on the pump station, and also the Crab Creek out fall line.

They are not only cleaning, but also using the fancy movie camera in the storm drain looking for damage or issues thing too.

Update on barge in Long Creek

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Email from VMRC rep:

Mr. Cunningham,

I recently talked with the contractor. He is currently waiting for the excavator to be delivered back to Marina Shores so it can be placed back on the barge. He has two pier projects (recently authorized by VMRC) nearby on Long Creek, and the barge will be moved over to those properties by the end of January.

Justin D. Worrell
Environmental Engineer
Habitat Management Division
Virginia Marine Resources Commission
(757) 247-8063 telephone
(757) 247-8062 fax

CIP projects info added to our HOT page

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Our HOT page is here.

Here’s what was added:

Shore Drive Corridor Improvements Projects

    2.116.000: Shore Drive Corridor Improvements – Phase II (Partial)
    This project will provide safety improvements, including pedestrian walkways and bikeways, along the Shore Drive corridor from South Oliver Drive/Waterspoint Place to Treasure Island Drive. It will also include improvements along Shore Drive at the Northampton Boulevard interchange and to the intersections at Pleasure House Road and at Greenwell Road.
    2.117.000: Shore Drive Corridor Improvements – Phase III (Partial)
    This project begins at Vista Circle, near the eastern end of the Lesner Bridge, and extends eastward through the Great Neck Road intersection and terminates at Croix Drive. This project will improve vehicular and pedestrian traffic flow and safety in the roadway and intersections; improve storm drainage; include a multi-use trail, 5-ft sidewalk and on-street bike lanes; and enhance the corridor with aesthetic elements such as landscaping and lighting.
    2.118.000: Shore Drive Corridor Improvements – Phase IV
    This project begins at the Marlin Bay Drive/Sandy Oaks Drive intersection and ends at the west end of the Lesner Bridge. This project will improve vehicular and pedestrian traffic flow and safety in the roadway and intersections; improve storm drainage; include a multi-use trail, 5-ft sidewalk and on-street bike lanes; and enhance the corridor with aesthetic elements such as landscaping and lighting. It will include improvements at the East Stratford Road intersection.

Note: projected end date of all infrastructure improvements of Shore Drive including replacing the Lesner Bridge is ~ September 2019.

The Army Corps of Engineers laid out its plans for restoring the Lynnhaven River on Tuesday

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Read the entire article and comments at the Pilotonline.com:

Council members, without committing to the city’s share of the funding, expressed support for the plan and to continuing the revival of the city’s largest waterway, on the mend after decades of pollution, over development and other abuses.

Excerpt from one comment:

Perhaps the restoration of Pleasure House Point is a part of this plan and all can be combined. Hopefully the citizens will be able to see this plan on the City’s website.

Pleasure House Point preservation gets another $1.54M grant !

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More at SavePHP.org:

$1 million grant will add 82 acres to Virginia Beach’s park and open space system
The Virginia Department of Game and Inland Fisheries, partnering with the City of Virginia Beach and the Trust for Public Land, will use this grant and non-federal match of $540,000 to acquire and preserve one of Hampton Roads’ largest undeveloped waterfront properties.

“A divided School Board agreed Tuesday to sell an acre of land at Thalia Elementary School to the city, clearing the way for dredging a channel of the Lynnhaven River.”

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Read and comment at Pilotonline.com:

As part of the deal, the city agreed to several conditions to mitigate those concerns, including promises to cease operations during student dismissal and to restrict dump trucks from crossing in front of the school.

“We are pleased to help preserve the largest undeveloped parcel of land on the Lynnhaven River for generations to come,” said Virginia M. Board, president of The Dominion Foundation and managing director of community affairs for Dominion Virginia Power. “Pleasure House Point provides valuable public green space and the opportunity to experience shoreline habitat, wetlands and maritime forest, and it protects the natural habitat of birds and marine life.”

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From the Press Release:

Before Wells Fargo took over ownership of the property last year, developers had planned to build a large waterfront development known as Indigo Dunes. TPL intends to buy the property from Wells Fargo and sell most of the land to the Virginia Beach Parks and Recreation Department for open space preservation and public access to the Lynnhaven River.

“It’s gratifying to see the progress we’ve made toward preserving this unique property,” said Virginia Beach Mayor William D. Sessoms, Jr. “I thank Dominion Virginia Power and the Dominion Foundation for their generosity, and for joining this partnership to save the largest piece of undeveloped waterfront property on the Lynnhaven.”

Pleasure House Point. Critical habitat for wildlife, you & future generations!

Update: In Biz Buzz at Pilotonline.com.

The alternative site is on city-owned land along West Great Neck Road between the Lynnhaven Marine Boatel and Marina Shore Shoppes

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From Pilotonline.com:

Plans to build a dredge spoils transfer station in a residential neighborhood off Long Creek appear to be on hold.

The Beaches and Waterways Commission, an advisory group to the City Council, voted Thursday to recommended an alternative site.

Neighborhood Dredging Study Draft Final Report is Available for Public Comment

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The Beaches and Waterway Advisory Commission (B&WAC) has completed the Draft Final Report for the Neighborhood Dredging Study and is accepting public comments on the report.  The deadline for comments has been set for NOON on Tuesday December 6th.  See the email from B&WAC Chairman Tom Fraim below for additional details.

Tom Fraim email excerpt – “Final comments from the public will be set for noon on December 6th and we will incorporate constructive comments for the real FINAL REPORT TO COUNCIL at 5:00PM on December 8th in the City Manager’s conference room. I expect the meeting to take less than 10 minutes. We will  not take additional public comment and with the exception of approving the minutes of the last meeting, we will not have an agenda. The approved Report to Council on the Neighborhood Dredging SSD Program will be posted on the City Website on December 9th while it is being properly constructed with maps, engineering reports, cover sheet, index, binding … etc.

 As you will read in the report, we interpret the instructions from Council to direct us to find additional site options that would have less impact on the neighborhoods and does not give us the option of eliminating sites selected prior to their approval of the program. We cannot eliminate Maple Street from future consideration, but we are asking Council to do exactly that … “

Read the draft final report here  11_28_DRAFT_FINAL

 

Items in the report that may be of particular intrest:

  • An unsupported requirement that five dredging zones are needed.
  • The reasons for public opposition to Maple Street and Crab Creek sites are legimate concerns.
  • The opposition to Maple Street and Crab Creek site is a standard NIMBY (Not In My Back Yard) situation and will go away when the local residents need dredging projects.
  • The Lynnhaven Drive site is a preferred alternative to the Maple Street site, but only City Council can remove the Maple Street site from the overall plan.

 

All residents in the Bayfront area are encouraged to comment on this report.  Please send all comments to the following email addresses:

Tom Fraim, B&WAC Chairman – tfraim@masacorp.com  

Jim Spore, City Manager – CMOffice@vbgov.com

City Council – ctycncl@vbgov.com

David Williams, Shore Drive Community Coalition President – David@sdcc.info

 

What Will It TakeTo Be Heard?

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Call me naive maybe, but I was taught in public school and spent my college and military years believing in our Democracy.  Even after egregious and impeachable acts of Richard Nixon, LCol Oliver North, and J. Edgar Hoover, and unnamed others who have hacked into our rights, our freedoms have prevailed somewhat intact.
The politicians of that “ill-clique”  up in Washington seemed removed from who we are and how we live our daily lives in a city like Virginia Beach.
I am reminded that all politics are local. The violations of our trust and confidence do not always occur  just from Washington.  Some of our citizens have experienced a trampling of their rights from our city staff and city appointed  “Advisory” committees. Any violations of our Constitutional rights should be directly challenged and corrected.

Should citizens be prevented from speaking at scheduled open forums or from asking the city questions concerning the safety of public projects that involve our neighborhoods? Should the city’s Public Works Department be the safety monitor and enforcer for those projects? Should a neighborhood’s rights be mauled to enable a “good ol’gal”  private business expansion? Should a neighborhood be pulped from dump truck traffic just to support  one private party who would commercially benefit? Mr. Fraim  has so stated. Ask Thomas Fraim, Chairman of the Beaches and Waterways Advisory Committee about open and transparent city staff meetings or free and open public committee meetings.

This Veteran’s Day, consider all those who have fought for our freedoms and our very Constitution. Consider this, if Hitler’s Third Reich had defeated us in WWII, or if Stalin’s communists had won the Cold War,  would our rights and our freedoms continue today? So, why should we accept any trampling on our rights,  back door politics, special deals, lack of transparency, and egregious acts from some city staff members?

Will the Mayor and City Council arrive at an honorable course of action that recognizes the mounting and significant citizen opposition to the Neighborhood Dredge (Spoils) Program?   Will city staff acknowledge the numerous serious flaws and lack of sufficient studies that exist in the Neighborhood Dredge (Spoils) Program?  We citizens will watch closely while some in City Council deliberate their fate and our  given rights.

“Each neighborhood dredging project requires City Council approval, and the Beach needs to find multiple sites to unload the dredge spoils from the barges.”

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Read entire article at Pilotonline.com.

This is about:

[A] city proposal to put a permanent dredge transfer station on Maple Street next to the Marina Shores marina.

And:

The commission, which will present its final report in the coming months, suggested that the city use the site for only 90 working days a year, avoid bringing in barges during the summer, and haul 30 truckloads a day of dredge spoils out of the site.

“There are methods of mitigation and opportunities for controls that will eliminate or significantly reduce, many of the issues of concern,” the draft report states.

The city launched its neighborhood dredging program last year to help residents deepen their channels if they agree to a tax rate increase.

Guidelines for tonight’s public meeting re:Dredge Transfer Stations

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From an email:

We have received a number of calls about this evening’s public meeting and the guidelines for those who wish to speak.

1) Anyone wishing to speak must sign up before the meeting starts

2) Each speaker will be limited to 3 minutes.

3) If a group is in attendance and has chosen someone to speak for them, that speaker will be allowed up to 10 minutes to speak on behalf of the group.

4) Any questions to the commission from the public can be submitted in advance on cards that will be provided at the meeting. Those who wish to submit a question can get a card from Rebecca Lear and submit the card to the moderator.

5) Because the commission wants to hear from as many speakers as possible, speaking time will be only for direct comments. Any questions will be addressed through the cards that are submitted to the moderator.

6) Public comments will be taken (from those who sign up) until 9:00 when the meeting will adjourn.

The Commission will answer questions and take comments on the four following topics only:

· The feasibility of alternative dredging methods, such as hydraulic rather than mechanical dredging;

· The potential for beneficial re-use of spoils;

· An analysis of the impact on affected communities (both those receiving dredging and those in the vicinity of the existing and proposed transfer stations) with a focus on identifying sites that are sufficient to support the needs of the project but have the least potential for adverse impact for the community; and

· A proposed framework with parameters for operation of the spoils sites, including potential use of the site by the public for dredging by entities or individuals other than the City.

If you wish to sign up in advance to speak, you may contact Rebecca Lear at 385-1948, or e-mail her at: rlear@vbgov.com

The meeting will be held 7:00 pm to 9:00 pm at Great Neck Recreation Center, 2521 Shorehaven Drive.

Thank you.

Drew Lankford
Media and Communications
Department of Public Works
City of Virginia Beach
dlankfor@vbgov.com
(O) 757.385.8062
(C) 757.409.4353

Note: Received this email at 1129a Oct 13 2011.

The Pilot article notes, ‘the city has not identified any dredging project near the neighborhood.

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Letter to the Editor about proposed Maple Street Dredge Spoils area at Pilotonline.com:

Re ‘Beach plans appeal over dredge site,’ Hampton Roads, Oct. 5: It is beyond my comprehension that the city of Virginia Beach, through its city attorney, would contemplate appealing to the Virginia Beach Circuit Court to reverse the Board of Zoning Appeals’ determination that the Maple Street site on Long Creek cannot be used for a public purpose. I was stunned to read of the appeal, especially since the public purpose intended is for the construction of a permanent, industrial dredged spoils transfer operation in the heart of a residentially zoned neighborhood.

Beaches and Waterways Commission to Hold Public Meeting

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News release at VBGov.com:

The Beaches and Waterways Advisory Commission will hold a public meeting Thursday, October 13 from 7 p.m. to 9 p.m. at the Great Neck Recreation Center, 2521 Shorehaven Drive, Virginia Beach, Virginia.

The Commission will answer questions and take comments on the four following topics only:

    The feasibility of alternative dredging methods, such as hydraulic rather than mechanical dredging;
    The potential for beneficial re-use of spoils;
    An analysis of the impact on affected communities (both those receiving dredging and those in the vicinity of the existing and proposed transfer stations) with a focus on identifying sites that are sufficient to support the needs of the project but have the least potential for adverse impact for the community; and
    A proposed framework with parameters for operation of the spoils sites, including potential use of the site by the public for dredging by entities or individuals other than the City.

Public comments will be limited to three minutes per speaker, ten minutes if you are representing a group.

Citizens wishing to comment may sign up at the meeting or by contacting Rebecca Lear @ (757) 385-1948, or rlear@vbgov.com.

City Violates Zoning

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In a letter to the Editor entitled “City Violates Zoning” (Sunday 6/18), Ms. Lynn Hume points out rightfully that the city is ignoring (violating) their own zoning protections.  What is appropriate for one area may not be appropriate for another area and that is why the city has zoning codes. Would you want a tattoo parlor operating in the middle of a residential area?  I did not think so.  So, why should the city be allowed to operate an industrial scale dredge spoils transfer site in a residential area?  If the city can expect us to accept this zoning violation, they will continue to ignore their city laws, misrepresent us while ignoring our petitions. Do we have a right to be represented  by our elected government?  I think we already declared our right to a representational form government.  Something about “taxation without representation” if I recall.

Disaster Preparedness

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March 15 was Tornado Preparedness Day across the Country, but we know that we in Virginia Beach will probably not be hit by one. Well, except for the one that hit Suffolk and the water spout that was sighted in the Chesapeake just off the beach near the Lesner Bridge.  My point, we don’t think we will be impacted because most of us do not have a personal experience with one of these events, BUT this area has come close.  Should we also think that a hurricane will probably not hit us here?  We might want to reconsider that line of thought. I am not a weather man, but realize that the U.S. has had a very rough winter and we should most likely expect an equally rough summer.  What would it take to have a simple level of preparedness? A simple kit might have three days of food and water, basic first aid kit, and some emergency supplies, all kept in a closable plastic container for easy carrying.  And the MOST important part of your emergency kit?  Your Family Emergency Plan. More about that next month.

Marina Shores P1 Rezoning Ltr Councilman Wood

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March 2, 2011
Mr. James L. Wood
Councilman District 5- Lynnhaven
Virginia Beach City Council
City of Virginia Beach
Municipal Center, Building 1
2401 Courthouse Drive
Virginia Beach, VA 23456-9001

Dear Councilman Wood:

Shore Drive Community Coalition is requesting your direct assistance in finalizing the administrative action to designate as P-1, the 4.221 acre estuary directly east of the present Marina Shores Marina property as previously agreed to in 1987.  Due to an administrative error in that year, Virginia Beach City Council never applied P-1 zoning to this property as agreed to by the present business owner, Ms. Gail Levine-Higgs.  As was specifically agreed, that subject property:

“not be developed in any manner other than a for walkways, bird nests and bird feeders, and shall be preserved as a nature conservancy. The Grantors hereby concur and give their consent to any motion which may be made by the City of Virginia Beach to rezone Parcel 1 to P-1, Preservation District. By this restriction, it is the Grantors intent that the marchlands on Parcel 1 shall be protected and that the entire parcel shall remain in a natural state, free from development other than that stated herein….”

Any excavation of the land or development impacting the present estuary would clearly violate the original agreed to proffer. The residents of Cape Story By the Sea, and Cape Henry Shores consider the expansion of Marina Shores Marina eastward into the estuary as both a violation of the original legal agreement and a potential safety and environmental threat to their subdivisions. Any decrease to the current tidal flushing of the estuary would result in degradation of the ecosystem due to increased pollutant buildup from storm water drainage piped into the estuary. When a significant tidal event occurs as in November 2009, water flow out of the estuary would be impeded resulting in prolonged and potentially damaging residential flooding in the adjacent communities.

The members of Shore Drive Community Coalition seek your support and corrective administrative action to zone the subject 4.221 acre estuary property as P-1 as legally agreed to by all parties in 1987.

Most respectfully,

David M. Williams
President, Shore Drive Community Coalition

Letter to Mayor re/Marina Shores Marina Expansion

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3 February 2011
Mr. William D. Sessoms
Mayor
City of Virginia Beach
Municipal Center, Building Number 1
2401 Courthouse Drive
Virginia Beach, VA 23456-9001

Dear Mr. Mayor:

As Water Boxes LLC (Miss Gail Levine-Higgs) seeks to expand the Marina Shores Marina by adding 184 feet of 50 foot floating docks into Long Creek, I respectfully request that the Mayor and City Council members to remember the original conditions agreed upon on June 1, 1987 by Ms. Levine to restrict the use of parcel 1 (4.221 acres) to:

“not be developed in any manner other than a for walkways, bird nests and bird feeders, and shall be preserved as a nature conservancy. The Grantors hereby concur and give their consent to any motion which may be made by the City of Virginia Beach to rezone Parcel 1 to P-1, Preservation District. By this restriction, it is the Grantors intent that the marchlands on Parcel 1 shall be protected and that the entire parcel shall remain in a natural state, free from development other than that stated herein….”

Obviously, any excavation along Long Creek adjacent to the P-1 estuary to permit large 50 foot motor boats to dock would require sufficient draft to allow adequate propeller clearance with the bottom at low tide.  The amount of dredged material to permit these large boats along the north side of Long Creek and the relocation of the dredged channel to accommodate the required turning clearances will have a major impact on the P-1 parcel. The proposed excavation along the north bank will degrade the shore stability resulting in a gradual collapse of the bank unless bulkheading is provided. No bulkheading is indicated in the current permit application. If bulkheading were to be used, change to the current tidal flushing of the P-1 estuary would result in the degradation of the estuary due to increased pollutant buildup from city storm water drainage into the estuary. If a significant tidal storm event should occur as in November 2009, water flow out of the estuary would be restricted resulting in prolonged residential flooding in the adjacent Cape Story By the Sea and Cape Henry Shores communities.

Clearly, any expansion of the present Marina Shore Marina will violate the signed proffer of the original rezoning agreement, degrade the fragile ecological stability of the estuary and pose a flood threat to two major communities. The proposed expansion of the Marina Shores Marina should be rejected and the P-1 zoning for the estuary should be vigorously instated and maintained.

Most respectfully,

David M. Williams
President, Shore Drive Community Coalition
Virginia Beach, VA 23451