Shore Drive Community Coalition

SDCC General Meeting Agenda for Monday, July 28th 2008

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.

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Topics: BSRTF City Council Elections City Marina - Lynnhaven Drive Conditional Use/Zoning Issues Lynnhaven Boat Ramp & Beach Facility Meetings/Minutes PHP Alternative Ideas Pleasure House Point [PHP] Shore Drive Safety Issues

SDCC General Meeting Monday, June 30th 2008 Agenda

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

Program/Presentation – Mr. Lou Paulson, Posieden Court Condominiums, will be discussing viewpoint as to why it’s a bad idea for Cape Henry Beach landowners to sign over a public easement to the City for sand replenishment. The Sand Replenishment project is one that has been discussed for awhile and has a potential project date of late 2009/early 2010. If you are in favor or against, come on out and hear Mr. Paulson’s views.

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) held a Public Meeting on Monday June 9th, that was attended by over 130 residents in opposition to the project. DEQ’s report is in favor of the plan. The deadline for public comment was June 24th. SDCC has submitted a box of documents and opposition letters in hopes to persuade the Water Control Board (WCB) to vote against this project at their July 28th meeting. The WCB is scheduled to meet on July 28th in Richmond and vote on this project.

Lynnhaven Boat Ramp (LBR) Proposed Spoils Transfer Station – Many Ocean Park residents have been involved in identifying the problems with this project. Due to their diligence, it appears that the LBR has been moved down on the list of possible sites. Council is pursuing possible land purchases as an alternative. Also, as a testament to the opposition’s concerns, a barge recently ran into the Lesner Bridge justifying the community’s opinion that the project would create too large a risk.

Proposed Rezoning of City Marina - Planning Commission review is scheduled for July 9th at noon in City Council Chambers. SDCC plans to take a vote at our June 30th general meeting, so please come prepared to discuss and vote. Visit the website for latest proffers and restrictions. Remember, 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.

Phase IV Shore Drive Demonstration Project – A citizen information meeting was held on Thursday May 22nd regarding the planned improvements to Shore Drive between Marlin Bay and East Stratford Rd in the Ocean Park area. Several street closures and median cut fill-ins are planned for this area. Attendance was small to the public meeting, so Ocean Park may want to get information directly to its effected residents. SDCC has asked for electronic versions of the presentation and will forward as soon as they are received.

SDCC Oyster Roast – Mark your calendars for Saturday Nov 15th from noon until 4pm at the VB Resort Conference Hotel. Committee meetings will begin in July. Volunteers are needed, email Todd if you’re interested in helping. Todd@sdcc.info

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.

New Business -

Action Plans for PHP – Discuss and vote on any actions or position statements. Email campaign, Should we send emails to the WCB before the July 28th meeting? Should we call them beforehand? Discuss how we want to best use our legal counsel for the Richmond meeting. Who needs to go to the Richmond meeting, should be rent a bus?

City Council Candidate Forum and Questionnaire – Where should a forum be held? When should it be held? Who should be the moderator? What type of format should it follow? Be prepared to discuss these questions and volunteer for the forum committee. Also be thinking of questions for a candidate questionnaire. 

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Topics: BSRTF City Marina - Lynnhaven Drive Events/Meetings Lynnhaven Boat Ramp & Beach Facility Osprey Point Nature Park Oyster Roast Planning PHP Alternative Ideas Pleasure House Point [PHP] Shore Drive News

SDCC General Meeting Agenda - Monday May 19, 2008

SDCC General Meeting - Monday May 19, 2008, 7:30 to 9:00pm
Ocean Park Volunteer Rescue Squad Hall (parking in back, on side streets and across Shore Drive)

There are no planned programs for this month.  This time will be deferred to the Old/New business due to the many
important issues and concerns that need to be addressed.

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 issued a Preliminary Permit and will be
holding a public hearing at their office 5636 Southern Blvd on Monday June 9th.  The formal hearing starts at 7:30pm,
but the informal part starts at 6:30pm.  The informal part will include a presentation by me on the draft permit, a possible
presentation by the applicant (if they choose to do so), and Q&A. The comment period continues until June 24th and
written comments will be accepted until then.

Lynnhaven River Proposed Spoils Transfer Station – SDCC has sent a letter of opposition to the LBR site and a
letter requesting Council to make an official vote on any site that is picked No response has been received.  Only 3
sites are being considered, Saw Pen Point, Thalia Elementary and LBR.  City Staff plans to present City Council their
recommendation on Friday May 23rd , it’s unknown if this briefing is open to the public.  If the LBR site is chosen, the
VMRC plans to hold a public hearing on Tuesday July 22nd.  Residents will be asked to send emails and make phone
calls to Council members letting them know that LBR is the wrong site.

Cape Henry Beach Sand Replenishment – City Council and the City’s Attorney’s Office have issued letters to 6
groups stating their claim to public easement and plans to move ahead with paperwork to make Cape Henry Beach the
spoils site for the next dredge cycle in 2009/2010.

Proposed Rezoning of City Marina - Planning Commission review hearing was deferred.  A new review date has not
been set.  It was deferred to provide more detail on proffers/restrictions for the request to rezone the marina to B-1. 
SDCC will be taking an official position vote on this at our June 30th meeting.  SDCC reps need to discuss this with their
organizations before then.  Visit the website for latest proffers and restrictions.  Remember, 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.

SDCC Oyster Roast – Mark your calendars for Saturday Nov 15th from noon until 4pm at the VB Resort Conference
Hotel.  Committee meeting will begin in June/July.  Email Todd if you’re interested in helping.  Todd@sdcc.info

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.
Shore Drive Clean Up – Clean up held on May 10th was a success.  Thanks to those dozen volunteers who came out. 
Periodic clean ups have resulted in less trash being found each time.  Keep up the good work.  More volunteers are
always welcome. 


New Business -
Action Plans for LBR – Discuss and vote on any actions or position statements.  Since validation has been received
showing that the State did pay for a portion of the ramp, Joe Bouchard has been asked to weigh in on the LBR site, but
no response has been received to date.

Action Plans for PHP – Discuss and vote on any actions or position statements.  Email campaign, call list to get people
to the public hearing, etc.  Make sure your groups are filling in the call list blanks for those willing to attend meeting in a
show of support. 

Phase IV Shore Drive Demonstration Project – A citizen information meeting will be held on Thursday May 22nd from
5 to 7pm at Hermitage Elementary School regarding the planned improvements to Shore Drive between Marlin Bay and
East Stratford Rd in the Ocean Park area.

Clean the Bay Day – Clean the Bay day is June 7th.  Mark your calendars.

Print this and bring it to the meeting:
SDCCGenMtgAgendaMay19-08.pdf [1pg]

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Topics: BSRTF City Marina - Lynnhaven Drive Events/Meetings Lynnhaven Boat Ramp & Beach Facility Meetings/Minutes Osprey Point Nature Park Oyster Roast Planning Pleasure House Point [PHP] SDCC News Shore Drive News Shore Drive Safety Issues

Pilot article about putting sand on beach east of Lesner

Sections of Cape Henry Beach, between First Landing State Park and the Lesner Bridge, have eroded and need the sand, officials said. In exchange for the sand, the city wants residents to sign over public use of the beach for recreation. Twelve of the 21 property owners and condominium associations within the two-mile stretch have agreed.

Read entire article at Pilotonline.com.

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Topics: BSRTF Shore Drive News

City’s Beach Management Plan, Cape Henry Beach, easements & negotiations to replenish the beach

To help settle the mounting debts of the Civil War, the commonwealth in 1868 sold off “the desert tract,” the elbow of land where the Chesapeake Bay meets the Atlantic Ocean. Didn’t know that did you?

Condo Associations, Civic Leagues, the City plus SDCC helping to moderate the discussions have been trying to work out an agreement to replenish the beaches on the east side of the Lesner Bridge.

Read entire article in Pilotonline.com.
Beach Sand Replishment Task Force[BSRTF] entries at SDCC.info.

Sand taken from dredging the Lynnhaven Inlet would be used. Ocean Park’s beaches were replenished using sand taken from the Lynnhaven Inlet. You may remember the dredge work that was done some months ago.

Topics: BSRTF

An update from the BSRTF

The BSRFT has been working hard on getting together a plan that will help get sand on the beaches, east of the Lesner Bridge.  Here’s a very, very short update.

The property owners that have made a “no easement” decision are:
2 Harbor Gate
3/4 Cape Henry Towers
5 Lynnhaven Dunes
10 Osprey Village
11 Bays Edge
28 Virginia Beach Resort Hotel

The property owners that have not made a decision yet are:
18 Lynnhaven Beach
26 Seagate Colony
27 Mariners Mark

The City has not contacted yet:
6 3232 Page Avenue
7 Lora Brogden Revokable Living Trust
8 Poseiden Court
9 The Mooring

The numbers are the lot numbers on the map the committee is using.

Topics: BSRTF

Cape Henry Beach Replenishment Task Force Meeting

Monday March 20th at 2pm.
Building #2, 3rd Floor Conf. Room at the Municipal Center

Agenda:

+ What has happened so far
+ What were some of the reactions from the property owners
+ What is the status of the dredging projects
+ What will be the schedule moving forward

Stephen Van Essendelft, P.E.
Office of Beach Management
City of Virginia Beach
757.385.8005

Topics: BSRTF

Sand Replinishment Task Force update

Todd received the following email from Stephen Van Essendelft, P.E. who is in the Office of Beach Mangement in reference to the process of getting sand for the beaches east of the Lesner Bridge.

An excerpt:
If the property owners agree with the final documents, we are on to recordation.  We have been in contact with Lynnhaven Beach and hope to meet with them in the near future.

Hi Todd,

Our legal department is currently preparing the final easement documents for 7 properties from Jade street to and including Westminster Canterbury, with the exception of Lynnhaven Beach Condos.  When complete, I will start another round of meetings to deliver these packages.  If the property owners agree with the final documents, we are on to recordation.  We have been in contact with Lynnhaven Beach and hope to meet with them in the near future.

West of Jade street, except Point Chesapeake (Duck Inn), we have faced general disinterest.  Two of these properties have not made a final decision.

From Casa Del Playa east - most of this stretch is documented as public beach.  We are working with Seagate, Mariner’s Mark, and the Virginia Beach Resort and had the opportunity to meet with Mariner’s Mark (Nov 16, 2005) and Seagate (last night).  Both of these communities seemed interested to hear the program details and how it specifically affects their property.  We are still hoping to arrange a meeting with the Virginia Beach Resort.

If you need additional information, please let me know.

Stephen Van Essendelft, P.E.
Office of Beach Management
City of Virginia Beach
(757) 427-8005

Topics: BSRTF

Minutes from Cape Henry BSRTF from October

Mr. Roehrs noted that there is a slight difference in expectations between the public and the City.  Public Works was not there to promise sand; they want to dispose of sand.  He also noted that public distrust is a universal problem for all City departments.

Continue reading to view attendees and minutes of the meeting held October 31 at the Municpal Center.

CAPE HENRY BEACH
SAND REPLENISHMENT TASK FORCE
BLDG. #2, MUNICIPAL CENTER
October 31, 2005 MEETING

ATTENDEES:

Stephen Van Essendelft City of Virginia Beach, Public Works, Beach Management
Shana Conley City of Virginia Beach, Public Works, Intern
Lucy Whitlow City Attorney Office
Phill Roehrs City of Virginia Beach, Public Works, Beach Management
Phil Davenport City of Virginia Beach, Beach Management
Waid Kidd City of Virginia Beach, Surveys

Nils Bahringer SDCC/The Landings
Penny Brown SDCC/Westminster Canterbury
Todd Solomon SDCC/Cape Story By The Sea
Richard Norman SDCC/Lynnhaven Dunes

Kal Kassir SDAC (Shore Drive Advisory Committee)

MINUTES:

1. Mr. Phill Roehrs and Mr. Stephen Van Essendelft reviewed the gist of the comments received at the Public Workshop.  They judged that the workshop was fairly useful.  There was fairly diverse representation of the affected area in attendance.  The City Staff people manning the tables responded to most of the questions on the spot.  All of the questions and comments were recorded but not published; they are available if needed.  Mr. Roehrs noted that there is a slight difference in expectations between the public and the City.  Public Works was not there to promise sand; they want to dispose of sand.  He also noted that public distrust is a universal problem for all City departments.

2. Mr. Stephen Van Essendelft provided a summary review of the current status of the negotiations with the respective land owners:

• No further action required (8)
• Working on plat preparation and easement language (8)
• No decision but previously willing (3)
• No contact yet (4)
• No to any easement (6)
Total landowners (29)

3. They will continue to work on finalizing plats and easement language and the no contacts and undecided.

4. They plan to ask for SDCC help on the remainders at some point in time.

5. Public Works recommendation to Council will be to proceed with the project.

6. In response to questions, Mr. Roehrs noted that some of the no easement landowners cited their objection to the City being in the position to tell them that they can’t drink on their beach.  The right to drink on the beach doesn’t exist.  It would be similar to drinking in your front yard.  If you were discrete, probably nobody would object.  The complaints come from your neighbors.  All of the Beach Rules and Regulations came about from neighborhood complaints, not from anybody in Public Works.

7. A discussion of the schedule to complete yielded the following timeline:

• Current dredging continues
• Beach maintenance continues
• Record bulk of easements by end of 2005
• Brief Council early 2006
• City elections in May
• Sand placement 2007/2008

8. Todd Solomon expressed interest in reviewing the questions and comments received at the workshop for possible clarifications that we could post on the SDCC website.  Mr. Stephen Van Essendelft took action to gather questions and responses and forward them to SDCC.

9. The next meeting will after the first of next year.

Topics: BSRTF

Community workshop concerning sand replenishment

Todd recently asked Phil Roehrs about what happened with the planned workshop that was to take place in early August.

Right now we’re looking toward the end of September for the community workshop - tentatively Thursday September 22 at Cox High School, 7 p.m. The workshop notice letter should be ready this week, it will set the date.

We’d like to schedule a meeting with your group, in advance, to provide an update and to coordinate the agenda for the workshop. How about September 8th, at 2:00?

This is according to Phill Roehrs with the City.

Topics: BSRTF

A detailed report to-date on the sand replenishment project east of the Lesner Bridge

A very comprehensive report on the work being done by the Beach Sand Replenishment Task Force of the SDCC, the Army Corps of Engineers and the City.

Thanks to Richard Norman of Lynnhaven Dunes Condos for this very detailed report to-date.

The City has adopted a resolution for sand replenishment of Cape Henry beaches i.e. from First Landing State Park to Duck-In using the Corps of Engineers ( COE ). This project purpose is not like the successful coastal protection of Sandbridge and Virginia Beach, but what to do with the sand from the dredging of the Lynnhaven Inlet. The next planned dredging of Lynnhaven Inlet will be February 2008. In order for the COE to sand replenish Cape Henry beaches, they require the following:

Public access ( will not deal with private concerns to improve property )
No legal or physical restrictions
No encroachments
Budget funding
Completion of engineering


Hence, the City has developed a Deed of Easement Draft [.PDF] and a chart of Cape Henry Beaches [clickable thumbnail to right]. To date, the following is the status of 91 properties involved:

72 documented as public beach
6 willing to dedicate easement
13 unresolved ( including LDCA )
91 TOTAL

It is not the intention for the City to take over our private beaches, but a voluntary approval of an easement for sand replenishment; including, routine garbage pickup and beach cleaning. LDCA will continue to own our portion of the beach. This is a residential community and the City has no intention of promoting this beach as anything other than what it is i.e. a relatively quiet residential beach.

It is the intention of the City to create a documented public interest in Cape Henry Beach from First Landing State Park to Lynnhaven Inlet for recreational use, public enjoyment and to enable the City to exercise stewardship of the beach; including, routine garbage pickup and beach cleaning. The resolution authorizes the acceptance of offers to dedicate voluntary public beach easements from beachfront property owners. This is a residential community and the City has no intention of promoting the beach as anything other than what it is i.e. a relatively quiet beach.

The Shore Drive Community Commission is facilitating dissemination of information on this project via a task force consisting of property owner members and the City - Department of Public Works - Beach Management. The information at the bottom of this page has been accumulated from Lynnhaven Dunes Condo homeowners and presented to the City.

Accumulated list of concerns
List of positives
Initial observations
List of contacts

A final judgment by property owners is pending on further information expected soon from the Department of Public Works - Beach Management.

Final survey to negotiate easement boundaries
Final Deed of Easement
City letter to representatives of property owners
Public workshop
City follow up meeting, if requested by property owners

Photos from 1937, 1960, 2001 and 2004 show the sand moving Westward from Cape Henry to Lynnhaven Inlet estimated @ 15,000 cu. yds. per year and Eastwood from the Chesapeake Bay Bridge Tunnel to Lynnhaven Inlet estimated @ 30,000 cu. yds. per year. The width crest is now just East of Lynnhaven Dunes Condos and this has been moving Westward as well. The Lynnhaven Inlet is a good source of sand for replenishing our beaches.

==========================================

Lynnhaven Dunes Condo reports presented to the City.

SAND REPLENISHMENT DEED OF EASEMENT OBSERVATIONS

1- Homeowners will still own the beach. The easement is for
recreational purposes – not conveying other rights or privileges.
2- The City easement rights would allow sand replenishment, cleaning and garbage pickup.
3- It is the intention of the City to replenish sand on beaches from Duck In to First Landing State Park.
4- The sand will be dredged from the Lynnhaven Inlet.
5- People tend to cluster close to public accesses. I noticed this on July 4th. Parking is limited as well.
6- People can not be prohibited from walking across an open private beach.
7- Some beaches are eroding ( Westminster Canterbury ) so, this is a good way to help our community come together.
8- This is a residential community and the City has no intention of promoting this beach as anything other than what it is i.e. a relatively quiet, residential beach.
9- This similar project was successfully completed in Sandbridge.
10- A majority of LDCA units ( 37 ) may be required for our beach approval. The easement survey has been completed on our property.
11- The trust of the city is always a concern due to their bureaucratic nature.
12- A public workshop is forthcoming by Public Works/ Beach Management. This will allow us to weigh the positives vs negatives. Also, follow up meetings will be held with individual property owners to further discuss and clarify the City’s project.

SAND REPLENISHMENT POSITIVES

1- Increased width of the beach via the easement ( like Virginia Beach ) would increase the breakwater line for less erosion.
2- Create more sand for Dune building.
3- Improve property values.
4- Share community responsibilities in assisting some of our neighbors who have serious beach erosion problems e.g. Westminster Canterbury.
5- Homeowners will still own the beach with the easement.
6- The City easement rights would allow sand replenishment due to storm erosion, garbage pickup and beach cleaning. Presently, the last two are voluntary.

Contacts for information are:

Phill Roehrs – Department of Public Works / Beach Management -
( 757 ) 427-4167 proehrs@vbgov.com

Stephen Van Essendelft – Department of Public Works / Beach Management -
( 757 ) 427-8005 svanesse@vbgov.com

Nils Bahringer – Shore Drive Community Coalition Task Force Member –
( 757 ) 412-30238 nils@exis.net

SAND REPLENISHMENT CONCERNS

1- Marginal trust in City Government due to their bureaucratic nature. Can we trust the City to provide services behind their promises ?
2- Leakage in private rights to a local government has ended up in an uncontrollable situation from the standpoint of property owners.
3- This is only a means for the City of Virginia Beach to gain complete
control of Cape Henry Beach and encourage the “public” to have virtually unobstructed usage.  We must not only vote unanimously against this proposal, but also encourage the other bayfront condo complexes to do likewise.
4- Does the City have enough equipment to routinely clean the beaches of Sandbridge, Virginia Beach ( ocean front ) and Cape Henry ?
5- The entire Cape Henry Beach will be made public. Wording in the Deed of Easement Draft leads one to believe that the entire Cape Henry Beach will be for public use.
6- Would lose one of the distinct private assets of our Condo property.
7- Spill over of people from public assesses with increased foot traffic across private beaches.
8- We are receiving garbage pickup and periodic cleaning. Our beach is accreting, so why do we need sand replenishment or an easement ?
9- To date, very few owners of private property on Cape Henry Beach have declared intent to grant such an easement.
10- Ordinances restricting dogs during selective hours of the season
( Memorial day to Labor Day )and beverages etc.
11- Police patrols on our beach.
12- Nothing has been fair about the City’s apparent lack of communication to homeowners in a timely manner to execute Deeds of Easement by 2005. The City is acting in deliberation to withhold information that is crucial to tax paying homeowners regarding our property rights.

============================================

More info about the BSRTF to date.
Submit your Bayfront Vision to be published at SDCC.info:
[encode=bayfrontvision@sdcc.info]Email your Bayfront Vision.[/encode]

Thanks again to Richard Norman for putting together this incredibly detailed report.
Tim added the image map, links and pulled text unedited from files.

Topics: BSRTF

June Minutes of the BSRTF

June Minutes of the BSRTF, or the Beach Sand Replenishment Task Force.

CAPE HENRY BEACH TASK FORCE Jun 2005 Minutes [Word doc]

Entire unedited Minutes are also available below.

CAPE HENRY BEACH
SAND REPLENISHMENT TASK FORCE
BLDG. #2, MUNICIPAL CENTER
JUNE 20, 2005 MEETING

ATTENDEES:

Stephen Van Essendelft City of Virginia Beach, Public Works, Beach Management
Waid Kidd City of Virginia Beach, Public Works, Surveys
Les Lilly City Attorney
Lucy Whitlow City Attorney Office
Phill Roehrs City of Virginia Beach, Public Works, Beach Management

Gregg Williams U.S. Army Corps Of Engineers

Nils Bahringer SDCC/The Landings
Chris O’Hare SDCC/Harbour Gate Condominiums
Brian Reese SDCC/Seagate Colony Condominiums
Todd Solomon SDCC/Cape Story By The Sea
Kal Kassir SDAC (Shore Drive Advisory Committee)
Bernadette Carrick Chesapeake Bay Shores
Norman Carrick Chesapeake Bay Shores

MINUTES:

1. Mr. Waid Kidd gave the current status of the survey at Cape Henry Beach

A. The City has contracted with Patton Harris Rust & Associates to do the surveys discussed at our last meeting.
B. Control points have been established (on paper).
C. Field crews are setting the control points (on the land).
D. Later this week they will start contacting landowners to get permission to enter their property to establish the recorded boundaries.
E. They will notify residents when they actually do enter their property.
F. Most control points will be in the street.
G. They will also be setting benchmarks on permanent structures for vertical survey controls.
H. They plan to start at Duck-In and proceed to First Landing State Park.
I. The survey will also proceed in the same direction, west to east.
J. All of the existing drawing and plot research work has been completed.
K. They will take 90 working days to conduct the surveys, produce the drawings, and deliver them to Public Works.
L. They will include vertical profiles through the beach and dune about every 100 feet.

2. Mr. Les Lilley provided draft copies of the generic Easement language.

A. This will be the starting point for discussions with landowners.  It is anticipated that the final language will vary for some of the landowners.  The draft Easement will be posted on the SDCC website, http://www.SDCC.info.
B. Mr. Lilley reviewed the document’s headings and explained what the intent of each was.
C. He also discussed possible issues that might come up and how they would attempt to resolve them.
D. The green and blue areas on the colored wall map are the only landowners that will be approached to enter into an access easement. They are:

The unresolved property owners: (blue)

1. Duck-In
2. Harbour Gate Condo Assoc.
3. Cape Henry Towers
4. Cape Henry Towers Council
5. Lynnhaven Dunes Condos
6. TBJ, LLC
7. Lora Bogdan
8. Poseidon Court Condos
9. Osprey Village Condos
10. Bays Edge Condos
11. Seagate Colony Condo Assoc.
12. Mariners Mark Condos
13. Virginia Beach Resort Hotel and Conf. Center

The property owners willing to dedicate easements are: (green)

1. 3160 Paige Avenue Condo Assoc.
2. Lesner Point Condo Assoc.
3. Beach Castle Condos
4. Sunset Watch Condos
5. The Dunes Condos
6. Lynnhaven Beach Condos

All of the other 72 property’s beaches are currently documented as Public Beach.

E.  It is still anticipated that all of the necessary easements can be completed by the end of this year.

3. Mr. Gregg Williams provided input on the Lynnhaven Inlet dredging and its contracting requirements.

A. The Corps of Engineers dredges the Lynnhaven Inlet and its basin every three years.
B. The current 2005 dredging will straighten out the inlet channel and remove the remains of the old shipwreck.  It will start in February 2006.  That sand will be deposited on Ocean Park Beach as in the past.
C. The spoils from dredging the Lynnhaven can currently go to any of three different sites, The Narrows, the Maple Street spoils lot, or the Ocean Park Beach.  This project will add Cape Henry Beach to the list.
D. The next planned dredging will be fiscal year 2008, which starts October 1, 2007.
E. VMR, COE, EPA, DEQ, and the Wetlands Board require permits.  The City will be the applicant.
F. Some of the COE requirements are:
· There must be public access
· There must not be any legal or physical restrictions
· There should be no encroachments
· The necessary funding must be budgeted
· Engineering must be completed
G. The procurement (bidding) process normally takes 180 calendar days (10/1/07 to 2/1/08).  The successful contractor will receive a Notice to Proceed by February 1.
H. Significant gaps in the dedication process could stop the project, but one holdout may not stop it.
4. We then took another stab at the sequence of events to get some idea of the timeline involved.

A. Review of current dedications for adequacy – Aug 05.
B. Survey complete – Aug 05.
C. Propose easement line (before easements can be finalized?).
D. Dedications 100% complete – Dec 05.
E. Landowners review of draft easement language - Aug 05.

5. Mr. And Mrs. Carrick pointed out that some people are unaware of what the City is planning to do to their beach and are very wary of proposals to give the City easements.  Some kind of letter of explanation needs to go out to all involved.

5. It was suggested that all of the Cape Henry Beach landowners be invited to a workshop to hear a presentation of the beach nourishment plan.  The City could introduce and explain the draft easement document.  The Westminster Canterbury was suggested as a possible convenient location.  Following the meeting, the City could schedule separate meetings with individual landowners to discuss their specific concerns and issues.

6. It still is not clear to everyone how the details of the permitting, budgeting and procurement processes relate to each other.  The bigger issue however, appears to be one of public relations.

7. The next meeting will be July 18, 2005?

Minutes Recorded by:
Nils Bahringer, SDCC

Topics: BSRTF

BSRTF July 18th meeting postponed

There will not be a July 18th meeting of the Task Force.  Please pass the word to all interested parties.

The City has suggested that the next meeting be the public workshop sometime during the first two weeks of August.  I have suggested that the City keep us involved and informed with the plans for the workshop.  I believe we can provide valuable information based on the comments we have already been receiving.  I also suggested that if warranted, we get together one more time before the workshop.

In the meantime, please continue to gather comments on the attached easement to provide input to the City.  Also review the minutes from the last meeting and make comments as applicable.  Email comments to [encode=capestory@vabch.com]Todd[/encode] and [encode=nils@exis.net]Nils Bahringer[/encode].

Topics: BSRTF

May Minutes of the BSRTF

May Minutes of the BSRTF, or the Beach Sand Replenishment Task Force.
June Minutes will be posted when approved.

May we recommend subscribing to the eNewsletter to stay informed?
eNewsletter Archives.

CAPE HENRY BEACH TASK FORCE May 2005 Minutes[Word doc]

Entire unedited Minutes are also available below.

CAPE HENRY BEACH
SAND REPLENISHMENT TASK FORCE
BLDG. #2, MUNICIPAL CENTER
MAY 18, 2005 MEETING

ATTENDEES:

Stephen Vanessendelft City of Virginia Beach, Public Works, Beach Management
Waid Kidd City of Virginia Beach, Public Works Dept.
Les Lilly City Attorney
Lucy Whitlow City Attorney Office
Phill Roehrs City of Virginia Beach, Public Works Dept.
Shawn Heselton City of Virginia Beach, Public Works, Beach Management

Paul Holt Patton Harris Rust & Associates

Andrew Barnett SDCC/Lesner Point East
Nils Bahringer SDCC/The Landings
Penny Brown SDCC/Westminster Canterbury
Chris O’Hare SDCC/Harbour Gate Condominiums
Brian Reese SDCC/Seagate Colony Condominiums
Todd Solomon SDCC/Cape Story By The Sea

MINUTES:

1.  After introductions and a brief review of the history of the efforts to get a sand/dune restoration project on the Chesapeake Bay beaches east of the Lynnhaven Inlet, the City reported the following current status.

2. A draft easement document is still in development.  It is being reviewed internally and not ready to share yet.

3. Jim Lawson, Stephen Vanessendelft, and Lucy Whitlock will hold a meeting with the adjacent landowners to review and execute the easement documents.

4. Approximately 20 properties will require some kind of easement.

5. A joint meeting with all of them is envisioned to discuss the agreement and the process.  This was a very long and contentious process when the City did it at Sandbridge.

6. It is anticipated that the SDCC will assist the City Staff in educating the landowners of the merits in working together for our common good to restore and preserve the Bay beaches.

7. The objective is to get as many executed easements as possible.  However, it is not anticipated that it will be necessary to get 100% of the landowners’ signatures in order for the project to proceed.

8. The next step will be to get a survey of all of the affected properties.  This will be used to establish the sand placement area, giving consideration to existing features and structures.

9. The title search work has been done on all of the property from First Landing State Park to Lynnhaven Inlet (91) properties).

10. The City has secured clear title to all of the land previously claimed by Mr. Lindsley.

11. The City has secured an agreement with the purchaser of the Duck-In property.

12. There are some existing easements recorded and they all are different.  All of them will have to be carefully reviewed with the respective landowners and reconciled with the new easements.

13. Dealing with the property owners in many cases means also dealing with the mortgage companies involved.

14. The Attorneys need to get Public Works and the Army Corps of Engineers to agree on the proposed draft agreement language first.

15. Letters have been sent to all of the affected property owners, requesting permission for Patton Harris Rust & Associates to enter upon their property to do a survey to establish the easement boundary line.  Ninety were sent out and 70 responses have been received to date.

16. It is estimated that the survey will take 60 days to complete.

17. The easement states that the City is responsible for the public liability within the easement.

18. The City expects to have all of the easements executed by the end of 2005.

19. Public Works has prepared a map of the Cape Henry Beach Properties, indicating the beach ownership/easement status of each of the 91 properties. 

The unresolved property owners are:

1. Duck-In (see 11. above)
2. Harbour Gate Condo Assoc.
3. Cape Henry Towers
4. Cape Henry Towers Council
5. Lynnhaven Dunes Condos
6. TBJ, LLC
7. Lora Bogdan
8. Poseidon Court Condos
9. Osprey Village Condos
10. Bays Edge Condos
11. Seagate Colony Condo Assoc.
12. Mariners Mark Condos
13. Virginia Beach Resort Hotel and Conf. Center

The property owners willing to dedicate easements are:

1. 3160 Paige Avenue Condo Assoc.
2. Lesner Point Condo Assoc.
3. Beach Castle Condos
4. Sunset Watch Condos
5. The Dunes Condos
6. Lynnhaven Beach Condos

All of the other 72 property’s beaches are currently documented as Public Beach.

20. The Public Works Dept. states they have a viable project to place sand on the beach.  They also have a Council Resolution declaring a Public Interest in restoring and maintaining the beach.
21. We attempted to develop a time line showing the sequence of events that had to take place before any sand would appear on the beach.  It became apparent that the entire process was unknown because we did not know what the Army Corps of Engineers procurement process required.  We will invite them to the next meeting to get an understanding of that.

22. Both the City and SDCC agreed not to put out any public information without reviewing it first with the other party.  The intent is to be consistent and not confuse the public with mixed messages.

23. The next meeting will be 2:00 PM Monday, June 20, 2005 in Bldg #2 at the Municipal Center.

Minutes Recorded by:
Nils Bahringer, SDCC

Topics: BSRTF

Current Info about sand replenishment, east of the Lesner Bridge

BSRTF is the Beach Sand Replenishment Task Force which is a group of Shore Drive area residents (under the SDCC umbrella) working with a group of City representatives to establish a beach sand nourishment project for the Cape Henry Beach.

We are currently working on a letter to property owners (as we discussed in the last meeting) to provide further information and to invite them to a public workshop.  As soon as we determine a date and workshop requirements, we will make appropriate arrangements.  We are still hoping to send out this letter by Mid-July.

Deed of Easement-Draft[.pdf file]

Topics: BSRTF