The official word is:
(0) DISCUSS this article.Indigo Dunes is not on the agenda for the Water Board December meeting.
Update from Regulator:
I just got a revision to the agenda which shows that Indigo Dunes will not be heard before 1:00pm on Oct. 16th. I wanted to let you know so folks who may be traveling up would not have to get there any earlier than needed. I don’t know what time after 1:00pm that Indigo Dunes will be heard, but there is still a possibility that it may roll to the next day. I will keep you posted as soon as I hear anything new.
Sheri Kattan
Team Leader/Project Manager
(0) DISCUSS this article.This document, along with SDCC’s argument against, is forwarded to the State Water Control Board Members for the October 16th Hearing in Richmond.
Official Staff Response to Comments at DEQ Hearing [7pg PDF]
Details about State Water Control Board Hearing re: Indigo Dunes:
(0) DISCUSS this article.The meeting room holds around 150 if I remember correctly.
It is important for your group to understand that the meeting on
October 16-17 is not a new public hearing. Only those persons who
commented during the previous public hearing comment period can
address the Board in October. Also, an individual commenter can speak
for up to 3 minutes. Below is the Board’s policy for comment at Board
meetings. The Indigo Dune development is a case decision for your
purpose of reviewing the policy.You can record the meeting or have a transcriptionist. The only
limitation is that whoever is recording or filming or whatever can not
interfere with the proceedings.The meeting room is in the General Assembly Building which is located
at the corner of 9th and Broad Streets on the northwest corner of
Capitol Square. There is metered street parking, but it is not
recommended. There are parking lots/decks around the20square. The
link to parking information is:
http://www.ridefinders.com/FrontEnd/Download_Files/Guide_Downloads/Ridefinders_Parking.pdfBoard Policy for Public Comment at Board meetings:
PUBLIC COMMENTS AT STATE WATER CONTROL BOARD MEETINGS: The Board
encourages public participation in the performance of its duties and
responsibilities. To this end, the Board has adopted public
participation procedures for regulatory action and for case decisions.
These procedures establish the times for the public to provide
appropriate comment to the Board for their consideration.For REGULATORY ACTIONS (adoption, amendment or repeal of regulations),
public participation is governed by the Administrative Process Act and
the Board’s Public Participation Guidelines. Public comment is
accepted during the Notice of Intended Regulatory Action phase
(minimum 30-day comment period and one public meeting) and during the
Notice of Public Comment Period on Proposed Regulatory Action (minimum
60-day comment period and one public hearing). Notice of these comment
periods is announced in the Virginia Register and by mail to those on
the Regulatory Development Mailing List. The comments received during
the announced public comment periods are summarized for the Board and
considered by the Board when making a decision on the regulatory
action.For CASE DECISIONS (issuance and amendment of permits and consent
special orders), the Board adopts public participation procedures in
the individual regulations which establish the permit programs. As a
general rule, public comment is accepted on a draft permit for a
period of 30 days. If a public hearing is held, there is a 45-day
comment period and one public hearing. If a public hearing is held, a
summary of the public comments received is provided to the Board for
their consideration when making the final case decision. Public
comment is accepted on consent special orders for 30 days.In light of these established procedures, the Board accepts public
comment on regulatory actions and case decisions, as well as general
comments, at Board meetings in accordance with the following:REGULATORY ACTIONS: Comments on regulatory actions are allowed only
when the staff initially presents a regulatory action to the Board for
final adoption. At that time, those persons who participated in the
prior proceeding on the proposal (i.e., those who attended the public
hearing or commented during the public comment period) are allowed up
to 3 minutes to respond to the summary of the prior proceeding
presented to the Board. Adoption of an emergency regulation is a final
adoption for the purposes of this policy. Persons are allowed up to 3
minutes to address the Board on the emergency regulation under
consideration.CASE DECISIONS: Comments on pending case decisions at Board meetings
are accepted only when the staff initially presents the pending case
decision to the Board for final action. At that time the Board will
allow up to 5 minutes for the applicant/owner to make his complete
presentation on the pending decision, unless the applicant/owner
objects to specific conditions of this permit. In that case, the
applicant/owner will be allowed up to 15 minutes to make his complete
presentation. The Board will then, in accordance with § 2.2-4021,
allow others who commented in the prior proceeding (i.e., those who
submitted oral or written comments at the public hearing or submitted
written comment the public comment period) up to 3 minutes to exercise
their right to respond to the summary of the prior proceeding
presented to the Board. No public comment is allowed on case
decisions when a FORMAL HEARING is being held.POOLING MINUTES: Those persons who participated in the prior
proceeding and attend the Board meeting may pool their minutes to
allow for a single presentation to the Board that does not exceed the
time limitation of 3 minutes times the number of persons pooling
minutes or 15 minutes, whichever is less.NEW INFORMATION will not be accepted at the meeting. The Board expects
comments and information on a regulatory action or pending case
decision to be submitted during the established public comment
periods. However, the Board recognizes that in rare instances new information may become available after the close of the public comment
period. To provide for consideration of and ensure the appropriate
review of this new information, persons who participated during the
prior public comment period shall submit the new information to the
Department of Environmental Quality (Department) staff contact listed
below at least 10 days prior to the Board meeting. The Board’s
decision will be based on the Department-developed official file and
discussions at the Board meeting. For a regulatory action should the
Board or Department decide that the new information was not reasonably
available during the prior public comment period, is significant to
the Board’s decision and should be included in the official file, an
additional public comment period may be announced by the Department in
order for all interested persons to have an opportunity to
participate.PUBLIC FORUM: The Board schedules a public forum at each regular
meeting to provide an opportunity for citizens to address the Board on
matters other than pending regulatory actions or pending case
decisions. Anyone wishing to speak to the Board during this time
should indicate their desire on the sign-in cards/sheet and limit
their presentation to not exceed 3 minutes.The Board reserves the right to alter the time limitations set forth
in this policy without notice and to ensure comments presented at the
meeting conform to this policy.
You remember Indigo Dunes will be heard by the State Water Control Board in Richmond on October 16th.
(0) DISCUSS this article.Indigo Dunes’ Army Corp of Engineers[ACOE] provisional permit is expiring soon.
We applaud the ACOE for requiring more information about the project & especially for the ACOE’s plan to schedule a public comment period.
Thank you.
Obviously we’ll keep you informed on the additional details once we have them.
Since Indigo Dunes was made public in June 2006, they have received exactly -0- permits that allow any kind of construction to begin.
(0) DISCUSS this article.You should get DEQ’s comments on your comments about mid-September
(0) DISCUSS this article.Just letting you know that the next State Water Control Board Meeting
will be Oct. 16 & 17 in Richmond at the usual place and Indigo Dunes
will be on the agenda. I won’t know the exact date it will be heard
until the agenda comes out. I expect it will be the 16th but will keep
you posted.
Then-Councilman Will Sessoms, also now running for mayor, said the council would “really regret it down the road” if it didn’t buy the land when it had the chance. Sessoms was right.
I’d wager which ever elected official[s] is[are] part of acquiring Pleasure House Point and/or the “Duck-In property” would get [re]elected for as long as they want to hold office.
The editorial continues:
For example, high-end condo projects proposed for magnificent waterfront properties on either side of the Lesner Bridge sit idle, their prospects dimming each day as the real estate slide accelerates.
Wow!
Read entire editorial at the Pilotonline.com.
Just because the open space fund might be diminished doesn’t mean there aren’t other creative solutions if the will is found to make it happen.
Special note: I happened to have been part of a dedicated group of people who worked diligently to get the Lake Ridge project mentioned in the editorial much reduced in size, scope & impact.
Daphne Atkins, a civic leader in the Shore Drive community, hopes the city aggressively markets the open space acquisition program to developers such as L.M. Sandler & Sons Inc., the owners of the Pleasure House Point property.
Read article & comment at Pilotonline.com.
(0) DISCUSS this article.SDCC General Meeting Agenda - Monday July 28, 2008
SDCC General Meeting - Monday July 28, 2008, 7:30 to 9:00pm
Ocean Park Volunteer Rescue Squad Hall (parking in back, on side streets and across Shore Drive)
Program/Presentation – No program planned for this month. Time will be allotted to Old & New Business Sections.
The general agenda for the evening will be:
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) has asked for more time to review and answer the public’s concerns before going before the State Water Control Board (WCB). The next WCB meeting is scheduled for September 30th. The SDCC Pleasure House Point (PHP) committee has scheduled a meeting with the Chesapeake Bay Foundation (CBF), Lynnhaven River Now (LRN), Wetlands Watch and our legal representation to put together a plan for the WCB hearing.
Lynnhaven Boat Ramp (LBR) Proposed Spoils Transfer Station – City Staff is still pursuing the purchase of land behind the AT&T-Battery Plus building on the Blvd. for the dredging of the Western Branch as a permanent dredge transfer station. This site would also provide kayak
& canoe access when not being used as a transfer station. City Staff is looking at purchasing or condemnation of all the property in the area (excluding the vets office) to also allow a Fire Station. Staff plans to present details to City Council on Aug 12 at a closed session.
[Correction 2:18pm Monday July 28th 2008.]
Proposed Rezoning of City Marina - Planning Commission review was deferred from the July 9th meeting to the August 13th meeting at noon in City Council Chambers. SDCC has sent a letter to City Staff and Council opposing the rezoning from P-1 to B-2. Reasons for opposition include the fact that a marina is considered a principal use in a P-1 zoning district so there is no need to rezone and the current arrangement is a money making venture for the City, about $50,000 per year. Making it a private venture runs the risk of losing this income.
City Council Candidate Forum and Questionnaire – SDCC agreed to partner with OPCL and host a City Council Candidate Forum the week of September 22nd – 26th. The locations suggested were the VB resort conference hotel, Baylake Pines church, Lynnhaven Congregational church and Westminster Canterbury. It was recommended that Todd moderate and the format still needed to be decided.
SDCC Oyster Roast – Mark your calendars for Saturday Nov 15th from noon until 4pm at the VB Resort Conference Hotel. First committee meeting is scheduled for Thursday August 21st at 6:30pm at Charlie’s Restaurant. Volunteers are needed, email Todd if you’re interested in helping. Todd@sdcc.info
SDCC Officer Nomination Committee – The nominating committee is narrowing down the list of candidates and is still in need of a good candidate for Vice President or Secretary. 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.
New Business -
Lynnhaven Boat Ramp (LBR) Proposed Spoils Transfer Station – Should SDCC write a letter to City Staff and Council supporting the plan to purchase and/or condemn businesses behind PEP Boys for a transfer station? Should SDCC partner with Saw Pen Point C.L. is support of this site?
Community Legislative Town Hall Meeting -The City of Virginia Beach and the Virginia Beach Council of Civic Organizations will be co-hosting a town-hall style discussion to give citizens an opportunity to provide valuable input into the City’s 2008 Legislative Agenda – goals which the City will submit to members of the local General Assembly delegation later in the year. Meeting will be Wednesday August 6th at 7:30pm in the VB Convention Center and is open to the public.
Indigo Dunes Project – With the possible Sandlers financial troubles reported by the Virginian-Pilot, does the SDCC think it’s a opportune time to sit down with City Staff and Council to discuss working up possible purchase scenarios (land swaps, tax reductions, etc.) and then have the City pursue these plans with the Sandlers?
Sincerely,
Todd Solomon
Shore Drive Community Coalition - President
Visit http://www.sdcc.info for additional information regarding the Bayfront area.
There’s been a bunch of anecdotal evidence that other developer’s permit applications submitted to DEQ have been & still are required to include their financial docs.
You probably remember Indigo Dunes was allowed to “slide” on submitting theirs to DEQ.
Could it be because of press reports of their ~$500M profit destroying/developing PHP?
More about Indigo Dunes & DEQ at SDCC.info.
(0) DISCUSS this article.As of July 18, 2008, Sandler at Indigo Bay, LLC is delinquent by $93,158.76 on their real estate taxes.
(0) DISCUSS this article.In Virginia Beach, companies controlled by the Sandlers did not pay the second installation of the 2008 taxes on Indigo Dunes off Shore Drive…
Pilotonline.com article.
Imagine a partnership creating this, as an example. Could be a win, win, win. Worth trying?
There are other ideas out there. Let us know what they are.
(0) DISCUSS this article.(0) DISCUSS this article....he called L.M. Sandler officials last week to ask about the rumors. As of Tuesday morning, he hadn’t heard back, he said.