Lynnhaven & Long Creek Waterways

Proposal to Impact Surrounding Neighborhoods & Everyone

Who Enjoys the Lynnhaven Waterways


"The purpose of government is to enable the people of a nation to live in safety and happiness. Government exists for the interests of the governed, not for the governors."
Thomas Jefferson

Is our City Government above the Law?


Wow!!! OVER 8654 "Hits" on the Website!

.......City guys are always check'n up.....4am, 5am, 6am......

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May 23rd

VMRC said that they couldn't comment on minutes from the March 27th hearing about whether this was a true belief of VMRC or not since the decision has been appealed. From the approved, final minutes from VMRC it states:

".........Approximately one month ago, the Virginia Beach City Council officially resolved that the Maple Street Placement Site would no longer be considered as a potential transfer facility site for

non-governmental dredge projects.

If this goes to Circuit Court, will this untrue statement be allowed to stand?

VMRC has several JPA's (applications) that have not been WITHDRAWN from their office.....right now. "Inactive" is not "withdrawn."

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Who's minding the Store?

Time after time we read minutes and notes from public meetings that mislead, add, and omit what was really said or the true intent. Then at the next meeting - the minutes are rubber stamped - approved. - That's it - then it becomes the "truth."

Where are the watch dogs for the people?

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May 14th

All's Quiet - don't think the City Boys have forgotten about Maple St.

Ironically, the "final draft minutes" from the VMRC hearing from March 27th have a great many mistakes, additions, interpretations, ommissions, etc. that are incorrect or misleading.

Just an example in regard to past use:

"The dredging events only included small sections of Long Creek where shoals existed, and during each event beach-quality sand was offloaded by both hydraulic and mechanical methods at the Maple Street site to be used for future beach nourishment."

Sounds like an every day occurence doesn't it? - When only ONCE during this 10yr permit, for a Day or few days did a barge (1, 2, 3?) pull up to Maple St. and mechanically off-load sand. NO record of any use prior to this permit. NOW, VMRC approved a permit to mechanically dredge and off-load up to 25,000 cubic yards at the Maple St. - well they can't - the BZA ruling says they can't.

If it's against zoning now - it was against zoning rules then.


THIS ISN'T TRUE EITHER:

"...As that proposal was heavily protested by local citizens, the City never provided Commission staff with the necessary information requested to complete the application, therefore that application was inactivated. (but we know NEVER WITHDRAWN) Approximately one month ago, the Virginia Beach City Council officially resolved that the Maple Street Placement Site would no longer be considered as a potential transfer facility site for

non-governmental dredge projects.

This is a mis-statement

This RESOLUTION was ONLY for the SSD Program - Deputy City Manager Dave Hansen has a whole lot of other ideas for the site....and Councilman Jim Wood knows it.....


The VMRC permit was pushed through like a steam roller.

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We're paying Deputy City Mgr. Dave Hansen how much to stand up before City Council and NOT tell them the truth? (click) the Permit was expired. His salary is part of the new TAX INCREASE City Council approved 8-3 on Tuesday.


Councilman Jim Wood

It's Simple-No more double talk

DON'T TURN THE MAPLE ST. SITE INTO A MECHANICAL DREDGE SPOILS TRANSFER FACILITY

It's against Zoning. It's against State Law

Don't change the historic use.

Don't increase the use.

DON'T HARM THE RESIDENTS OF LONG CREEK - NO SPECIAL FAVORS - NO PICKING WINNERS AND LOSERS

What does Deputy City Manager Dave Hansen want To Create?...... an industrial operation (click)

We didn't make the laws - they exist

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WE GOT AN EARFUL AT THE SDCC Mtg. May 1st WITH VICE-MAYOR JONES & COUNCILMAN WOOD

VICE-MAYOR JONES SAID THAT EVERY TIME COUNCIL PASSES AN SSD ORDINANCE IT WILL DESIGNATE THE TRANSFER SITE --- JUST LIKE THE OLD DONATION SSD PROGRAM DOES....WELLLLLL, WE CAN'T FIND IT IN THE ORDINANCE....CLICK HERE -y'all see if you can find that "ORDINANCE" that Vice-Mayor Louis Jones is talking about that specifically LIMITS the Sludge TO ONLY GO to the THALIA TRANSFER SITE It says it in the agenda, but not in the ordinance itself. It was brought up by Empsy Munden, CSBTS Prez at the Council meeting in Septmeber (Click to hear Empsy & Councilman Jones at this meeting and at the B & W meeting on September 15th. Phil Roehrs yelled out something like - "The Vice-Mayor is not a liar!" Not really, but just like Phil himself, did they read it? Where's the sludge from Bayville Creek at Church Point going? I couldn't find it on the e-docs before the council hearing - some of those pages were missing. Vice-Mayor Jones said (just has Councilman Wood said on the radio interview last spring) that once an SSD program is approved and the transfer site designated -- then all the people who are getting dumped on can come and object....whew - that'll work really well for the citizens being impacted......especially if they don't even know.


When asked if any private people other than the SSD neighborhoods would be bringing their spoils to Maple St., Councilman Wood said he couldn't think of any - maybe a few Bay Island people (well right now a DREDGE MATERIALS TRANSFER FACILITY IS NOT ALLOWED AT THAT SITE -- WHY DO THEY ALWAYS LEAVE THAT PART OUT? IT'S AGAINST ZONING - IT'S AGAINST THE COMPREHENSVIE PLAN).....I guess he needs to ask Deputy City Manager Dave Hansen

what he has in store for us and look again

at the pending application at VMRC.


In regard to the neighborhood dredge program, Councilman Jones threw out the TMDL possible credits for the mandatory EPA requirements (that's being challenged legally nationwide - just not in Virginia Beach) -- well, I don't think Lynnhaven River Now and the Chesapeake Bay Foundation has any type of endorsement of whether all that dredging is or isn't beneficial to the waterways........


(...and then the one-sided negative talk against the District system for Council and the "gotta have more of your money" speech regarding the budget....sheesh...no mention of the Petition going around to get the question of the District voting system on the November ballot -- no mention of the possible adjustments on the budget that Counclman Moss and DeSteph have presented.

The people have a right to be truly informed to make decisions - not just one opinion...many people weren't happy with their answers after they left.....)



THEY'RE BREAKING THE LAW

WHEN THE LAWMAKERS DON'T FOLLOW THE LAW -

WHO CAN THE CITIZENS TURN TO?

When our Councilman doesn't represent his own District - Where do the people go?

The bottom line is - it's illegal to have a Dredge Materials Transfer Facility at the Maple St. Site.

In order to have one - they have to "change the law" - or "change something" - or "put it on the comprehensive plan" - Council has to VOTE...... and

it go against 1520 citizens who said "Not here."

If you're doing something illegal and you're caught - isn't it still illegal?

Having spoils mechanically offloaded at the site ONE time in 2006 -

doesn't make it legal now.

Why did the City ask VMRC to approve a permit that allows up to 25,000 cubic foot of spoils to be mechanically dredged and off-loaded at Maple St.?

Telling the people mistruths over and over -

doesn't make it true.

And last year, when Deputy City Manager Dave Hansen told the City Council that they could do the operation "tomorrow" - it wasn't the truth!


Deputy City Mgr. Dave Hansen didn't tell City Council the Truth (click) the Permit was expired.


Phil Roehrs didn't tell the truth to the BAC on March 17, 2011 - we were there. Yep permit was expired. The minutes also state that the City was working with "the neighbor for funding" - that wasn't said at the meeting -- More untruths.

Click for the minutes


At the River Shores presentation on April 24, 2012 - Phil Roehrs said they can't do hydraulic because there isn't a place to take it - that's not the truth either- the tapes from the Beaches and Waterways Meetings showed that time after time - saying it over and over to different groups of people doesn't make it so.


According to VMRC, the City Attorney's office and Public Works told VMRC that the BZA ruling doesn't affect the permit they just approved for the Long Creek maintenance dredging for up to 25,000 cubic yards of spoils - that's not the truth either. The appeal to their decision is in the works.


Councilman Jim Wood's (click) email to the public said they were renewing the old permit --simply doing it for some small shoaling - Maple St. was a depository. Not the truth! Old permit couldn't be renewed and it wasn't simply for some small shoaling. It allows up to 25,000 cubic yards of spoils to be mechanically dredged. He called it a depository. Mayor Sessoms called it a transfer facility the day after the hearing.


Listen to what Deputy City Manager Dave Hansen wants to create in a residential community

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SHORE DRIVE COMMUNITY COALITION MEETING

MONDAY APRIL 30TH - 7:30PM -

OCEAN PARK RESCUE SQUAD BLDG. AT E. STRATFORD

COUNCILMAN JIM WOOD & VICE-MAYOR LOUIS JONES ATTENDING

WHY ATTEND? BECAUSE DEPUTY MANAGER DAVE HANSEN STILL WANTS TO TURN MAPLE ST. IN TO A SLUDGE TRANSFER FACILITY!

And Councilman Jim Wood hasn't told Staff to leave us alone! The community doesn't want it.

It's against zoning and it's against the Comprehensive Plan - It's against the will of the people!

WHERE IS OUR REPRESENTATION?


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WATCH VIDEO WATCH VIDEO - WHERE'S OUR REPRESENTATION?

Still a chance for Representation and Accountability -for the people of each District to be the ones to only vote for their own District Councilman

It's not dead in the water yet!

Turns out the poeple have been challenged by a Resolution from Councilman Davis and 2nd by Rosemary Wilson. We need a little over 11,000 signatures to get this on the November ballots. Watch this amazing video from last night's council meeting - Click FOR VIDEO here then scroll to Resolution regarding the District referendum


Awesome speakers including one from our community that used the dredging issue as an example of the need for true representation from a District Councilman

Councilman JOHN MOSS and Bill Desteph made great comments. Thanks to them for keeping this issue alive.

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City Council meeting Tuesday- April 24th - Well, well, Council, including Jim Wood, stopped all that nonsense about having a District councilman voted in only by their own District. Goodness, then they'd really have to be accountable to the people. It also prohibits any attempt by a community leader or someone interesting in running for a District Council position - who isn't policitcally connected or have big bucks to run a City-wide campaign. Whew! Took care of that. They couldn't even put it on a referendum - the Va Pilot vote says the people want to vote on this idea. I bet the referendum would have shown this, too. Councilman Moss, DeSteph and Diezel were the only ones voting for it.

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ALL THAT SLUDGE AND NO WHERE TO PUT IT

CITY'S TRYING TO DRUM UP BUSINESS - create a need, then they can go back to Council and say - "look all these people want dredging - we need a place to haul their sludge." 4/24th - Just attended the River Shores gathering at the GN Rec Center with quid pro quo Phil Roehrs explaining that SSD program one more time - y'know telling the people that there's no place to put hydraullically dredged spoils - mechanical is the only way. (where's the studies, where's the bids, Phil?) This time they had removed the Maple St. site from the powerpoint, but showed the Broad Bay "bubble" but not the "alternate Long Creek site", he had the Crab Creek site pointed out and the "proposed" Pep Boys site as their possible choices. Later in the evening - a question was asked about the real viability of the Pep Boys site-- well...it isn't looking so good after all. So, just where is all this sludge going? Why, they'll tell Council that Pep Boys won't work, the alternate site business owners don't want that nasty sludge next to them and voila' they'll be back at City Council asking for the Resolution at Maple St. to be rolled back.

Phil Roehrs thought it was a good idea to point out that a "Broad Bay Island Representative was in the room" - "moi" - why - I don't know. It's a public meeting.

His usual tactic and Deputy Dave's is to call out our names and discredit us in a crowd. A quick glance at a map and talking with some of the neighbors, there's a lot of places that the sludge can be transferred thru their own neighborhood without barging it over to someone elses. The people I spoke with seemed more than willing to do just that - take it out of their own area. Phil Roehrs said that if they get enough people they might be able to create a "dredge industry" in the city.....sure, ruin some lives and property values, create opportunites for others.

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HOW CAN WE ENSURE THAT OUR COUNCILMAN IS ACCOUNTABLE TO HIS OWN DISTICT?

District Councilman should be elected by their District Only. Three City-wide members would still be elected by the entire City as well as the mayor.

This idea is being proposed for a referendum

AT CITY COUNCIL, Today, TUESDAY, APRIL 24th, 6pm

NOT SURPRISING COUNCILMAN WOOD DOESN'T THINK THIS IS A GOOD IDEA - AFTER THE MAPLE ST. FIASCO AND DUMPING ON THE THALIA RESIDENTS

CLICK FOR VIRGINIAN PILOT ARTICLE FROM

COUNCILMAN MOSS AND DESTEPH

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The City's plan is to chip, chip, chip away at our rights, throw out a bone... a Resolution here, a Resolution there, ram thru the VMRC application...... smoke and mirrors, but their INTENT is to create a Dredge Spoils Transfer Facility at Maple St.

IT'S AGAINST THE STATE LAW AND ZONING CODES.


WHO TELLS THE TRUTH AT THE CITY?

WHEN THE LAWMAKERS DON'T FOLLOW THE LAW -

WHO CAN THE CITIZENS TURN TO?

Deputy City Mgr. Dave Hansen didn't tell City Council the Truth (click) the Permit was expired.


Phil Roehrs didn't tell the truth to the BAC on March 17th - we were there. Yep permit was expired. The minutes also state that the City was working with "the neighbor for funding" - that wasn't said at the meeting -- More untruths. Click to see the minutes


Councilman Wood sent out emails - trying to calm the masses before the VMRC hearing, calling Maple St. a "Depository" not a transfer site and"simply a renewal" for the same work (yet,permit expired for over 2 years & NOT allowed to be renewed) for the maintenance dredging of Long Creek (click) NOW, VMRC has approved mechanical dredging and hauling up to 25,000 cubic yards of spoils ... when only 1 time for a day or so, in 2006, for a very, small amount of shoaling were spoils ever barged and hauled thru Maple St. (They can't, though, due to the BZA ruling.) But Councilman Wood led people to believe it was the same permit and it was being renewed. Thanks Councilman Wood for distorting the true impact potential on the community.

Let's see small, emergency shoaling is now carte blanc for up to 25,000 cubic yards per year with no parameters or oversight. Mayor Sessoms called it a transfer facility in an email the day after the VMRC hearing. One hand doesn't know what the other is doing....it's hard to coordinate all the mistruths being doled out to the public.

What was lurking behind curtain # 2 at this same time? City boys knew - click for application in VMRC's drawer.

Is there always a deal?... Wavy tv10 "quid pro quo" with Phil Roehrs (click)

Councilman Jim Wood has NOT objected to creating an industrial transfer site on Long Creek in the middle of a residential community. Listen to what a dredge transfer facility is from Deputy Dave (click)

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Think the City pressures VMRC? Knowing glances and nods during the hearing...just like at the B & W public meeting. Click for Phil Roerhs FOIA doc regarding VMRC's hold on the Maple St. application last year - the application has not been withdrawn - even with the BZA ruling and the RESOLUTION. We know why not. Is this a public servant? Click for Phil Roerhs FOIA doc -this is where your tax $$$ go. Always scheming AGAINST the citizens. Simply a bulkhead? The application says municipal dredge materials transfer facility. This is the type of attitude and aggressive pursuit to develop Maple St. into s dredge materials transfer facility that we're dealing with from City Staff -with the knowledge of our Councilman, Jim wood. Who gives them their orders? By the way, the Board of Zoning Appeals says it's against the City code.


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If the government can ignore the law or change the law/zoning codes which damages its citizens - then we have a government out of control in Virginia Beach - there is no respect for its citizens.

Vote in the November 2012 election.

In 2014 Councilman Jim Wood is up for re-election.

You'll need to ask yourself-

what has our Councilman put this Community thru during the past years? With 100's of letters, over 1500 people on a petition - did our Councilman reach out to the communities to protect them from this industrial site - or did he write "calming" letters saying that nothing's coming - don't worry......

Did the Resolution for the Beaches and Waterways Commission allow them to actually do studies and come up with the most environmentally friendly, economical and best solution for all? NO! - It was just smoke and mirrors.

The Resolution to take off the Neighborhood Dredging also appears to be nothing more than a diversion - the REAL intended use by the City is to develop Maple St. as a Transfer Facility. Councilman Wood knows it. Councilman Jim Wood knows that the City is violating State Law & the City's own Zoning Codes.

Tired of fighting for your rights?

We need a Councilman to Represent the Communities of Long Creek


We need a ward system in Virginia Beach. Councilman Bill DeSteph and John Moss will be sponsoring a vote to place an advisory referendum question to elect the District Council Members exclusively by the voters within their respective districts. THEN our Councilman would be accountable to his communities.

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FACT

Using Maple St. as a Dredge Materials Transfer Facility is

AGAINST THE Comprehensive Plan -- A STATE LAW (click) and

IS A VIOLATION of the City of Va Beach ZONING CODE

Councilman Jim Wood knows it - the City Attorneysknow it - Doesn't City Manager Jim Spore and Mayor Sessoms know it? In fact, on March 29th, Mayor Sessoms wrote an email that verifies he knows the City is using the site as a transfer facility. It says, "Also, the operation of a transfer facility at

Maple Street to place beach....."

Deputy City Manager Dave Hansen and Phil Roehrs know it's against zoning and the Comprehensive Plan. Who's giving the orders? Trying to turn Maple St. into a Dredge Material Transfer Facility is direct violation of law and codes and against the people of the Long Creek Community.

Our Councilman should be protecting the Community -

not picking winners and losers.

Look at the Letter Councilman Wood sent out - trying to calm the masses before the VMRC hearing calling the site a "depository" - when the City boys were already working on a bigger mechanical dredge application..... guess everyone "forgot" that one was still in the drawer at VMRC along with the Municipal Dredge Materials Transfer Facility that was never withdrawn.

Jim Wood's Resolution was just Smoke and mirrors.

The intent was to give the illusion that Maple St. was off the table.

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A promise was made to this Community in 1987

Fortunately, many people in the community have long memories - it's a shame that our City Government doesn't.


The Government is made

to PROTECT the People

Laws and Codes are already in

Place to Protect the People


Councilman Jim Wood, please STOP the pursuit to create the Maple St. parcel as a Mechanical Dredge Spoils Transfer Facility and Long Creek from becoming an industrial haul route for barges.

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City Engineer & Deputy City Manager ignore Council's Resolution

Apirl 9th - Why is Phil Roehrs and Deputy City Manager Dave Hansen still promoting Maple St. for the Neighbohood Dredge Program on Thoroughgood Powerpoint on March 14th? Click for Powerpoint

What happened to City Council's Resolution from Feb. 28th taking it OFF consideration for the

Neighborhood dredge program?

It was passed by a Council Vote - at a Council meeting.

This is directly against the Resolution. Guess they're trying to drum up business. Why isn't Thoroughgood taking it thru their own streets?

And those Laskin Rd. sites are still on there too - we know

that's not happening! Jim Spore's Gateway & gazebo.

And on their March 13th Powerpoint - there's still a "bubble" for Long Creek.

Oh yes, these two have Bigger Plans for the Maple St. parcel...

and who gives them their orders?

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We didn't make the laws - they exist

Aug. 7th - People buy responsibly in an area - knowing the history, the Zoning, the Comprehensive Plan - the way of life. Yet, we have a City government -"staff" - pursuing the creation of an industrial sludge transfer facility in the middle of a residential community -- against promises made in 1987, against zoning, the history of the area, the Comprehensive Plan, the Shore Drive Overlay District and the will of the people. While we're watching one hand, City Staff is scheming with the other. Oh sure, Council passes a Resolution - cheers are heard - but what's it really mean? It gave the community a false sense of security. Next, pass a "maintenance" application with NO parameters and no protections & City Staff says, we know we've asked for a great deal more than we need.....but just in case...... staff wants to leave the "options" open -- Protections are already in place - we need our Councilman to put a stop to this! Staff has no right to change our community into a industrial sludge haul route and transfer facility. This operation is so horrible that those benefiting don't even want to endure the impact..even for a temporay period. What does Deputy City Manager Dave Hansen want To Create?...... an industrial operation (click)

We didn't make the laws - they exist

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April 3rd - Ah yes, what does our City Staff have in store for the communities of Long Creek at the Maple St. site?

We now know what's behind curtain #2 (click.)

But there are more curtains..

& Don't forget curtain #1


Staff is STILL dying to turn the Maple St. site into a dredge spoils transfer facility!

Exactly what we've said all along.


Don't forget Deputy City Mgr. Dave Hansen hasn't been telling the truth to City Council for a long time - the permit had been expired for over a year when he said this to council (click here)

This is how council gets their information. The entire SSD neighborhood dredge program was pushed through the same way. No studies, no facts, just Phil Roehrs and Deputy City Manager Dave Hansen telling Council and the public that

their way was the only way. It's all on tape & FOIA docs.

Time after time we proved they were wrong.


Just what did that Council Resolution protect the Citizens from - and what didn't it?

Smoke and mirrors....

The neighborhood dredge program was just a diversion for these guys...

they've had bigger plans all along....

Stay tuned! Check back.

The BZA Ruling Stands

This is a violation of the Comprehensive Plan - A State Law (click)

We didn't make the laws - they exist

What is City "staff's" plan? Who are they working with?

It's amazing that people who need to dredge their own muck aren't willing to endure the temporary impact on their own property - they know how bad it is - yet they are willing to open up and condemn Long Creek & it's residents - and change zoning and a residential waterway into a sludge and barge haul route -forever.....we're back to the same thing we started with in November 2010.

With the help of the City Attorney, Kay Wilson and Phil Roehrs, City engineer, they were able to convince VMRC that a "facility wasn't a facility" and that the intent of Maple St. permit #11-1830 was to offload spoils at Maple St. to do maintenance work for some simple shoaling cleanup on Long Creek. Don't worry - that's all that's planned for the site. Yet no words exist limited to this. Our warnings of setting a precedent and the BZA ruling went unheard. Phil Roehrs

( Wavy tv10 "quid pro quo Phil" click) portrayed the historical use of the simple need for navigational dredging - and he portrayed the site as historically being used to offload spoils mechanically or hydraulically - like it was a common occurence. All previously modifications adding small amounts of mechanical were without public input. Yet there was never a need for the 25,000 cubic yards they asked for. The commission ignored the attempts by the public to show that only ONCE -(with no citizen knowledge) had spoils been mechanically off-loaded at the site for small shoaling in an emergency situtation with oversight by the DEQ. Where are the DEQ rules now? They were shoved under the carpet - don't exist. I was told that DEQ signed off because it was the same activity that has historically been done at the site -they "knew the affects" - really? I asked for the rules before and during the hearing - and still they pushed on - yet allowing up to 25,000 cubic yards to be mechanically off-loaded at the Maple St. site - something never done before.

USACE comments weren't even back yet.

What was sitting in VMRC's file folder? An application to barge, transfer, and haul muck from a private owner THRU AND ON CITY PROPERTY -

- that's the barn door. The City wanted this pushed thru fast.

And now we know that Deputy City Manager Dave Hansen and Staff have great plans to turn Maple St. into a dredge spoils transfer site -

To heck with established communities protection in residential zoning & from the Comprehensive Plan - and the real historical intent of the site from 1987 -

the promises made to the people.

Once it's open - it's open -

Just what we've always said -

What does Deputy City Manager Dave Hansen want To Create?...... an industrial operation (click)

March 15, 2011 - Does City Staff tell the truth? Click to Listen to Deputy City Mgr. Dave Hansen tell Council that the Maple St. Site was permitted and ready to go when the permit had been expired for over a year.....

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IS THE CITY ABOVE THE LAW?


If it looks like a duck, walks like a duck and

quacks like a duck - it is a duck!

HEY THERE - USING THE MAPLE ST. SITE AS A DREDGE TRANSFER FACILITY IS NOT ALLOWED IN R7.5 ZONING SAYS THE BOARD OF ZONING APPEALS

AND IT'S A VIOLATION OF THE COMPREHENSVIE PLAN - A STATE LAW

THE VMRC Approval DOES NOT TRUMP THE BZA RULING

THE BZA STANDS - FACT -

& THE COMP PLAN IS A STATE LAW - FACT

"IT IS WHAT IT IS" - We didn't make the laws - they exist

* Let's see, Councilman Jim Wood said the site was a depository

"The so-called Maple Street site is not being used as a dredge material transfer station. Rather it is being used as dredge material depository....."

Councilman Wood should be representing the people -

not finding ways to get around them.

* City attorney Kay Wilson said it wasn't a transfer facility - ---------

that way the BZA ruling surely doesn't count......does it? Another public servant using tax payers $$$ to go around the will of the people.

* March 27th - VMRC rep testified to the Commission that the City wasn't building a transfer facility..... .......in his opinion......looks like a few nods and "the memo" went to VMRC..."it's not a facility, it's not a facility, it's not a facility" sheesh - just look the word up in the dictionary....

* But, I saw an email today (March 29th) from Mayor Will Sessoms and here's what he says it is... "Also, the operation of a transfer facility at Maple Street to place beach....."

oopps, I guess he didn't get the memo......sssshhhhh.....don't call it a transfer facility....the city just convinced VMRC that it wasn't one.... and slip in a few words about the possibility of some non-beach grade material that will need to be hauled away......that way there won' be any surprises when it happens.

The BZA Ruling Stands

"A municipal dredged materials transfer facility is not allowed

on the Maple St. parcel, privately owned & zoned R7.5"

March 15, 2011 - Does the City tell the truth? Click to Listen to Deputy City Mgr. Dave Hansen tell Council that the permit was active when it had been expired for over a year. Was this rehearsed? Sounds like it, doesn't it?

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Rules are Made for all the People - "well, not all of them"

March 27th - VMRC PUNTED

We asked to carve out the mechanical dredge spoils transfer site language in the application until the City cleaned up their own zoning mess - but VMRC left it in - leaving the "cart before the horse."


If you run a stop sign and no one sees you -

are you still breaking the law?


We didn't write the zoning laws. The City did. The BZA supported the laws. Zoning protects the people. Litigation was put on the property by the same City attorney that now says it doesn't apply to this permit. Change the meaning of a word, blurr the real issue, mislead the commissioners about the previous application....gov'ment at it's best. Where's the DEQ oversight from the last permit? The Hydraulic pipelin and dewatering diagrams? The Estimate on the # of barges it would take to haul 25,000 cubic yards and the affect on the waterway. DEQ passed the buck, too.


Does the City tell the truth? Listen to Deputy City Mgr. Dave Hansen tell Council that the permit was active when it had been expired for over a year.


VMRC asking the City attorney, Kay Wilson, if everything is okay, is like asking the Wolf in the chicken coop if the chickens are safe. (from one of the speakers today) You gotta love the nods from Phil Roehrs to certain gov'ment people in the room..wink wink, nod, nod...just like the Beaches & Waterways public meeting.


The BZA Ruling Stands - a municipal dredged material transfer facility is not allowed on that parcel.



Here's the link to the recording - it may be hard to hear

It's clear that the commission as well as Mr. Roehrs concentrated on the method of dredging the channel - instead of the legal ruling and impact from a mechanical dredge spoils transfer site at the Maple St. location. The commission's questions appeared to minimize the impact from the dredging itself instead of the issue raised by the opposition - the legality and the environment a mechanical dredge TRANSFER site has on a community. What shame. It was repeatedly asked if we objected before. The previous permit was approved for hydraulic ONLY - which allowed citizen input. The modifications adding shoaling for specific areas was without Citizen impact - the Citizens didn't even know it was allowed- it only happened once - for a few days in 2006.



WHERE IS COUNCILMAN WOOD?

WHO IS WATCHING OUT FOR OUR ZONING LAWS?

Citizens were misled by Mr. Wood's letter - that it was the same ol' same ol'. It's not. What's missing is the meat and potatoes of what was really allowed and how it was approved.


No one is trying to stop maintenance dredging on Long Creek. The City is more than able to remove the small shoaling legally at this time and offload it at an approved site. "never let a crisis go to waste." In December they could have easily taken care of it in a timely manner. They chose not to.

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VMRC HEARING: TUESDAY MARCH 27TH 9:30AM

CLICK FOR PUBLIC INFORMATION, PERMITS, LETTERS, AGENDA

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THE CITY IS SCHEMING AGAINST THE PEOPLE

Why is the City asking for something that is not allowed in Zoning?

OUR COUNCILMAN, JIM WOOD IS NOT PROTECTING THE COMMUNITY

WHO'S PUSHING THIS BRICK WALL? THE BZA RULING STANDS

IS IT CITY MANAGER JIM SPORE? COUNCILMAN JIM WOOD? KAY WILSON THE CITY ATTORNEY? PHIL ROEHRS IN PUBLIC WORKS OR Deputy City Mgr. DAVE HANSEN?

Who is pushing so hard to get this site approved and why?

The Community is not against dredging - hydraulic or mechanical. They are not against the hydraulic placement at Maple St. - but the mechanical dredge spoils transfer of barges being offloaded is not allowed in Zoning on that parcel.

Why did Deputy City Manager Dave Hansen tell Council on 3/11/11 that a permit was ACTIVE when it had been EXPIRED for over a year? Click

WHO TOLD JIM WOOD THAT THIS USE WAS A DEPOSITORY AND NOT A MECHANICAL DREDGE SPOILS TRANSFER SITE? WHO TOLD HIM THAT IT WAS FOR LIMITED SHOALING? WHAT ABOUT THE 25,000 CUBIC YARDS ALLOWED EACH YEAR? WHERE'S IT COMING FROM? WHO TOLD HIM THAT THE PERMIT WAS THE "SAME OL' SAME OL'"? IT'S NOT!

___________________________________________________________________

March 25th - If so little mechanical dredging is expected or historically necessary - why the scheming by the City to get something pushed thru with so much known citizen opposition? A lawsuit to go against the people - the BZA's own ruling for the people? Why aren't there limits on the application for small shoaling like Councilman Wood's letter indicates mechanical dredging is going to be used for? Why pretend that a facility isn't the same as a transfer site/staging area? Why the play on words trying to slide this in? Who told Jim Wood this? Why aren't there any parameters at all - just all seasons - all hours - In 2006, the City Manager's office said the contractors were working 24/7 -- so much for Phil Roehr's reference to a normal operational contract...5 days a week, daylight hours. Who's leading who? After the BZA ruling, 1520 people on a petition, the B & W Report and the Resolution - isn't it time for the City to do the right thing and stop this attack against the people! Long Creek dredging can happen - but the Maple St. MECHANICAL DREDGE SPOILS TRANSFER site, in the middle of a residential area is against the will of the community. Where's our representation?

________________________________________________________________

ON MARCH 15, 2011 AT A CITY COUNCIL WORKSHOP WAS THE MAPLE ST. SITE A PERMITTED SITE? NO IT WASN'T.

CLICK TO HEAR DEPUTY CITY MANAGER DAVE HANSEN TELL CITY COUNCIL IT WAS.......????????? Click For Jim Wood's Email confirming it had already expired as well as the language in the permit below.

click for all permits and documents and renewals

Click to hear how safe Deputy City Mgr. Hansen thinks barges are on the canal

Click to hear what happens at a mechanical dredge transfer site

History of hydraulic dredging at the site - a promise is a promise

___________________________________________________________________________

OPEN IT UP AND THEY WILL COME -

THAT'S THE ULTIMATE GOAL OF PUBLIC WORKS

SO, THE CITY'S ATTORNEY DOESN'T THINK THE BZA RULING APPLIES - UH - SO IT'S OKAY NOT TO DISCLOSE ON A STATE APPLICATION THAT A PENDING LITIGATION EXISTS

IT IS - IT EXISTS - IT HASN'T BEEN WITHDRAWN- gotta love our City Workers.

The City is intent on creating a Mechanical Dredge Spoils Transfer Site

Under the guise of the Long Creek Maintence application - Public Works and the City Attorney are sitting on pins and needles waiting to push this permit through - without full disclosure of ownership, the BZA ruling, Pending litigation and the failure to have this industrial operation on the Comprehensive Plan - a State Law.


WHERE DO YOU THINK THEY'LL PUT ALL THAT DREDGING WHEN CRAB CREEK IS BUSY WITH THE BRIDGE? - The City will piggy-back onto Maple St.'s permit - "a crisis shouldn't go to waste." Never mind that it has gone right on the beach before and at the State Park. Public Works can't wait to dump it here. How'd they get the last changes thru in the old permit? Small modifications with no Public Comment - that's how - for 10 years!

That's why there's some oversight now - 10 years for a permit & then it expires and then the City has to submit a NEW JPA with public input! If the City boys don't have big plans for Maple St. - the application woud be limited now. "Saying" this is for small shoaling areas - little work - doesn't mean a thing when they're pushing for 25,000 cubic yards with no parameters.

___________________________________________________________________

March 21, 2012

STOP THE PRESSES - HOLD EVERYTHING!

The City's right -- in the past 12 years - for a few days in July 2006, mechanical dredge spoils transfer occurred at the Maple St. site....no one saw it on Long Creek -

but we're told it happened under the same permit that EXPIRED FEB. 2010...

That's right - our City gang and our Councilman's recent letter to concerned citizens is basing the NEW application (NOT "Simply a Renewal" as stated in Mr. Letter letter - click) on a permit that expired over two years ago. This is a HUGE difference and times have certainly changed. It's not allowed in residential zoning on that site! Our City government is ignoring the law.

5/22 LETTER OF RESPONSE BY BROAD BY ISLAND RESIDENT TO COUNCILMAN WOOD (CLICK)

Paragraph below shows that permit expired and could not be RENEWED as indicated by Mr. Wood in his letter to citizens.

Why not a renewal after a 10 year permit?- it's obviously a protection for the Citizens.

Whew! Glad we got that out in the open! A few days of mechanical off load in 2006 - what a precedence for use! Did they have all required approvals? from DEQ? Who in the world gives this information to Jim Wood? The City Attorney's office? Public Works? On Sept. 7th, 2011 - the BZA ruled that operation wasn't allowed! Here's what DEQ required when the modification to the permit was added. "small shoals" Doesn't appear to be carte blanc for the whole channel, does it?

Uh, now they want to allow up to 25,000 cubic yards of dredged material to be mechanically transferred at Maple St. per year! Now they'll have a precedence setting permit, won't they! Just what the City Boys want. Who's watching out for the Citizens? Why doesn't the City work with the Citizens instead of against them? Ask our councilman

JIM WOOD to protect the citizens and not promote City Staff's agenda to get something pushed thru that the City's own Council-appointed appeals board ruled was not allowed on that parcel and that the people don't want!

NO PARAMETERS - ALL SEASONS - 7 DAYS A WEEK - 24/7

The permit is expired. BZA says it's not an allowed use.

If it looks like a duck, walks like a duck and quacks like a duck - it is a duck.

A mechanical dredge transfer facility .....

is a mechanical dredge transfer site/staging area.



Is Public Works above the Law?


URGENT URGENT URGENT

The City is pulling an End Run - ramming an illegal act thru a State Agency...they're running as fast as they can to get this heard

VMRC IS MOVING the APPLICATION FORWARD

We need some help... (email me click here)

VMRC HEARING - permit #11-1830

Tuesday, MARCH 27th - 9:30am - 2600 Washington Ave. 4th Floor

Newport News - click for agenda

1. The City Attorney's office and the Zoning Department - (the same people who were overruled on Sept. 7th, 2011) - told VMRC that the BZA ruling against a Municipal Dredged Material Transfer Facility is not the same as a Dredge Spoils Transfer Site/staging area - both bringing barges filled with mechanically dredged spoils and off-loaded by crane on the privately owned - residentially zoned parcel. The City wanted to use the site to mechanically offload spoils and now, the city wants to use the site to mechanically offload soils. Create an industrial operation (click) said Deputy City Manager Dave Hansen. Public Works, in a letter from Phil Roehrs once again says that the City "owns" an easement (click) that gives them the right to create a mechanical dredge spoils transfer site. THE BZA SAID THAT THIS mechanical dredge transfer site is NOT ALLOWED.

click for VIMS information from VMRC

ZONING LAWS TAKE PRECENDENCE OVER AN EASEMENT

That's why the City is working so hard to convince VMRC that the BZA ruling doesn't apply!


2. According to correspondence on the VIMS site between the City, past permits with VMRC and the USACE - as well as long-time residents - the mechanical transfer of spoils has no record or permit issued at the Maple St. parcel on Long Creek.

click for Letters and Correpondence (MORE HAVE BEEN SENT & MORE INFO to follow)

UH, OH - I stand corrected - for a day or a few days in 2006, the City of Virginia Beach mechanically offloaded sand by barge at Maple St. No official paperwork like there was for offloading some shoaling at Crab Creek - but it happened - we're told. So much for setting a 12 year precendent...

City Council members, the Mayor,

and VMRC have been notified that the site is not legal for this operation and it is a violation of zoning and the State Law.

Did Councilman Jim Wood know?

EMAIL MR. WOOD AND ASK FOR HIS HELP

The People of Virginia Beach should fear a City

that ignores law and zoning protections.

You can find email addresses for All City Council Members Click here

Write VMRC - include the Permit #11-1830, your name and address

JUSTIN.WORRELL@MRC.VIRGINIA.GOV

cc: Tony Watkinson (757) 247-2250 Habitat Management TONY.WATKINSON@MRC.VIRGINIA.GOV

CC: Steve Bowman - Commissioner of VMRC (757) 247-2200 STEVE.BOWMAN@MRC.VIRGINIA.GOV


Is Public Works above the Law?

The Board of Zoning Appeals Ruled that a DMTS is NOT Allowable

Citizens can appeal a Zoning Administrator's determination, have the City's own appointed Board of Zoning Appeals overrule the determination and the city simple ignores their authority and proceeds to do whatever they want against the will of the citizens, against zoning, and against the Comprehensive Plan. The people need representation - VOTE in NOVEMBER. Laws are made for others, but not the City.

Would love to know who is holding all the strings?

If it looks like a duck, walks like a duck and quacks like a duck - it is a duck.

A mechanical dredge transfer facility is a mechanical dredge transfer facility.

The City's pulling a Fast one on our Community!

While City Council was signing a Resolution to take Maple St. off consideration for a "Dredge Spoils Transfer Site" for the Neighborhood Dredge Program -- Public Works had already submitted a "NEW" application to VMRC...you guessed it ... to create a "Dredge Spoils Transfer Site" at the same Maple St site on Long Creek. - Slick characters these "public servants" & who told VMRC that the BZA ruling and litigation doesn't apply? Could it be the City Attorney or the Zoning Administrator whose determination was overruled? (Sure glad I have my FOiA docs from a City official's response email about the "need" to appeal the BZA's ruling against a DMTS) yep- the BZA said that a Municipal Dredge Materials Transfer Facility was NOT an allowed use in R7.5 zoning on that privately owned parcel of land. A DMTS is a DMTS is a DMTS...

This is what they wanted to do with JPA #11-0397 >

1520 people said that they didn't want this >

The BZA ruling said that they couldn't do this >

The B & W Report said they shouldn't do this >

This is what the Resolution took off consideration>

HOWEVER.....The NEW JPA #11-1830 wants to do this ^^

The old permit - #0057 said they could ONLY do this

>>>

(.....oops except when a small amount of shoaling was requested to be dredged and with the approval from DEQ approving an offload site they could mechanically offload - done once in 2006 for a day or so - they want to have permission to mechanically dredge and offload up to 25,000 cu yards per year with this application)

Beach Quality Sand from Long Creek should be hydraulically dredged & placed in the City's holding area like this ^^^

This is a residentially zoned area - the Maple St. site is a residentially zoned parcel

* Deputy City Manager Dave Hansen says that this is what they would be creating with a mechanical dredge spoils transfer site.....

an industrial operation Click to hear


____________________________________________________________

Why is Pleasure House Point (click for VP article 3/14/12) a "non-starter" (says PW engineer Phil Roerhs at Feb. BAC meeting) to use a portion for inwater disposal area and the restoration of the salt-marshes and oyster beds and a possible transfer site away from homes and residential areas? B & W report mentions it for a later day -- 80,000 cubic yards from the Western Branch + SSD neighborhoods hauling thru the Lynnhaven waterways - 25,000 cubic yards hauling and off-loading on Long Creek. Just where are those bids for hydraulic dredging & transfer of spoils like the Rudee Inlet and Shadowlawn areas have? Amazing, past City reports talk about less need for transferring sand to holding areas when the ability to pump it to the beaches is available.

Who's making these decisions with OUR tax money?

________________________________

March 11th - City wants the option ("just in case") to change the historical use of hydraulic maintenance dredging on Long Creek and hydraulic transfer by pipe into a full mechanical dredge operation and mechanical dredge transfer/staging area at Maple St.on the Residentially zoned, privately owned property that

1. the BZA said was not an allowed use in R7.5 zoning,

2. the Beaches and Waterways Commission said was not an appropriate place to do this type of work 3. City Council said to take it off from consideration and passed a Resolution (VP article),

4. This Site isn't on the Comprehensive Plan - the STATE CODE OF VIRGINIA They're SUPPOSED TO BE! (Click)

Peope have made life decisions on where to live and this type of open-ended and intrustive type of operation is not on the Comprehensive Plan.

15 barges a day per Deputy Dave Hansen? that's 15 going and 15 leaving mixing with a residential community?

15 off-loading.

The City is intent on creating an industrial operation on this property any way they can. There are no parameters...it's all seasons - 24/7. The operational plan that Phil Roerhs spoke of in his letter (click) (work days, daylight hours) was non-existent in the last permit according to letters from the City Manager's office in 2006. They're non-existent with this application. They abused the last permit and it was for hydraulic dredging - just think what these guys would do with barges and pusher boats and cranes - 24/7......Spring, Summer - Fall - all Seasons. Like the people at Crab Creek - who is the master mind behind all this mechanical dredging and tranfer stations? It appears that the whole Lynnhaven Waterway is soon to be one big barge haul route - instead of using the more environmentally and residentially friendly hydraulic method? Isn't that something.

* Deputy City Manager Dave Hansen

says mechanical dredge spoils transfer

is an industrial operation Click to hear

* Deputy Dave says he hopes the barges

don't hit kids in a canoe Click

Deputy Dave Hansen said up to 15 offloading - which is up to 30 trips a day in an 8 hour period idling next to homes on Long Creek at the Maple St. site. Click


__________________________________________________

March 8th - Ocean Park Civic League Meeting

Click to Read Review of the Meeting on Tidalfish

The Dynamic Duo (hi guys!) was back in action last night. Deputy Dave and Quid Pro Quo Phil were back promoting the Five- you count'em 5 "Virtual" transfer sites -- how's that Laskin Rd. sludge transfer site click working for City Manager Spore? It's never going there.

Ocean Park's wondering the same thing we are- who's making the decisions on all this impactful mechanical dredging? Spending $13 million on Pleasure House Point and it's not being incorporated into this program? "Non-starter" says Phil Roerhs at the BAC meeting... but not discounted & not studied by the Beaches & Waterways Commission....or anyone else. USACE wants $10 Mil from Va Beach to clean up the waterway placing concrete balls creating oyster beds and salt marshes..... but incorporating any beneficial use of the spoils being dredged up. Under the guise of the very controversial subject of TMDLs.... who knows how much money the city guys will be asking the taxpayers for. Thousands of trucks and barges on our roads and waterway. But, Rudee inlet and their small amount of neighborhood dredging

needs gets the less intrusive hydraulic dredging -- don't ya know???

Creating Job Security & opportunity, Property Value increase & Quality of Life increases for some - at the cost to others. "You gotta be in the right club!"

__________________________________


March 6th

City has a hard time remembering Long Creek Dredging History

The Residents of Long Creek Don't!

....long, long time residents of Long Creek have great memories.

Click for Mr. Roerhs latest letter to VMRC in regard to the Long Creek Maintenance Dredge Application - previous permit 00-0057 didn't permit MECHANICAL TRANSFER of dredged spoils at Maple St. -- hmmmm... it only permitted hydraulic placement by pipe for beach quality sand.>>>>>>>>>>>>>>>>>


Hmmmm.....why hasn't the appeal to the Circuit Court not been withdrawn if the Resolution was passed by City Council? Why hasn't the VMRC application for the Municipal Dredged Spoils Transfer Facility been withdrawn....requesting a municipal dredged spoils transfer facility? Hmmmm.....

Why is the City so Intent in turning the Privately owned,

and residentially zoned Maple St. Site into a mechanical dredge spoils transfer facility - an industrial site in the middle of a residential community?


------------------------

Don't throw a parade yet - put the corks back on your bottles....the Appeal to the Circuit Court is still pending and the City hasn't officially withdrawn the VMRC application.

......hmmmmmmmm - is there anything up the City's sleeves???? Keep your eyes and ears open.....the mess the City boys made by scheming and conniving against the people isn't cleared up yet! Any New Quid Pro Quo deals being Discussed with our Public Works Boys? CLICK TO SEE WAVY TV 10 NEWS CLIP with Phil Roerhs, City engineer - this is where it started in the first place. (city guys read this website, y'know)


What's the City boys real intent for the Long Creek maintenance dredging? They won't be happy until they turn Maple St. into an industrial site in the middle of a residential area.(CLICK above PIC to ENLARGE) Where are the parameters? What about the hydraulic dredging? (pic to the left)

How much mechanical are they talking about? Some shoaling areas OR 25,000 cubic yards? Was mechanical transfer & placement at Maple St. like Phil Roerhs used to tell us in public meetings???? Hmmmmm? NO it was not! What new language and new intent does the City have that they're not disclosing to the public that's different from the old permit? How much, how long? Keeping an appeal to the Circuit Court alive - "just in case." ......hmmmmmm.....isn't that something? Deja' vu? Gotta love these City guys - always working in such an "open" manner and in the best interest of the people....Not!

This Site isn't on the Comprehensive Plan - the STATE CODE OF VIRGINIA They're SUPPOSED TO BE! (Click)


Remember the Beaches and Waterways language: The Commission recommends that the Long Creek / Maple Street site not be used, now or in the future, as the site for the DMTS on Long Creek. ..........

________________________________________________

RESOLUTION PASSES -

FEB. 28TH - Just one more battle -

The Resolution to REMOVE the Maple Street site as a potential dredge spoils transfer site for the neighborhood dredge program was unanimously approved by City Council tonight.


WAVY TV 10 with Broad Bay Island Residents Feb. 29th Click Here to View


Virginian Pilot Story - What about the BZA ruling? Why Dredge sites? Who says so? Click here


Empsy Munden, President of Cape Story spoke

as a reminder that the following is still left to do: Click to see: scroll to 16:50

1. WITHDRAW the application at VMRC for a Municipal

Dredge Spoils Transfer Facility

Leaving it "inactive" is NOT the same as WITHDRAWING it.

2. WITHDRAW the Appeal to the Circuit Court for the BZA ruling

BZA ruling was specifically for THAT parcel for the creation of a Municipal Dredged Materials Transfer Facility. Shame on the City for keeping a Private Citizen and

our community in a suspended state just "in case."

3. MAKE THE MOTION to rezone the wetlands parcel to P-1 as stated in the agreement in 1987 and allowed the City to do so by The Levines.

The owners agreed to allow the City to Make the motion to have the Property Zoned P-1 as part of the agreement of their rezoning on the other parcels. See the article in the Virginian Pilot showing the intent (below link). If the property was rezoned to P-1, the Proffers still "run with the land." They don't go away. For some City officials to indicate that P-1 is not as strong as the proffers - is untrue - the proffers stay - they're not replaced by the P-1 zoning. Somehow this whole thing slipped thru the cracks in 1987.

1987 City Council Minutes Click Here

Conditions placed on the Parcel to approve rezoning Page 2 Item 4

1987 Levine's Letter to the City of Virginia Beach following Council Meeting Click Here Page 2 Item 1, Also included newspaper clipping from 1988, when Marina was approved by VMRC, and City Council Agenda Request, 1987

1987 Recorded Document with Restrictions Click Here Page 6 Item 6



Actually, there is no joy in "mudville" tonight - but a feeling that an injustice had been attempted upon our community and our lives. The endless meetings, sleepless nights, the uncertainty of our futures, our homes and neighborhoods. This was wrong from the beginning and it should never have

happened to the citizens.

The government is made to protect its people,

not circumvent the laws to create winners and losers.


The only way to make a difference in this City is to VOTE in November. Stay Informed.

_________________________________________________________________

I'LL KEEP THE PETITION ACTIVE .......

CLICK to Sign the Petition -started 4/22nd - over 1520

If two are signing from one household - please sign separately to be counted!


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Barge Path on Long Creek to Marina Shores/Maple Ste. site

IMPACTED WATERWAYS & ROADS below site today click to enlarge pic


DON'T SLUDGE ON ME!!




Proposed site

click to enlarge pic





(This website is for information only. Please investigate and confirm for accuracy. Any opinions are not to be construed as facts, however information has been based on public meetings, emails, FOIC information, city records, and websites. Any corrections are welcome. click for full disclaimer for use)



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