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JANUARY 18, 2011 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM 1). SESSOMS, .IR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 RIJA SWEET BELL17T0, AI -Large GLENN R. DAVIS Rose Hall - District 3 WILLIAM R. DeSTLPH, At -Large HARRY E. DB ZEL, Kempsville -District 2 ROBERTM. DYER„ Centerville - District I BARBARA M. HENLEY, Princess Anne - District 7 JOHN E. UHRIN, Beach — District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES C17T MANAGER -JAMES K. SPORE CITY ATTORNEY - MARK D. STILES CITY ASSESSOR - JERALD D. BANAGAN CITY AIJD17OR - LYNDON S. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (75 7) 385-4303 FAX (75 7) 385-5669 E- MAIL: ctycncl@vbgov.com CITY COUNCIL WORKSHOP AGENDA 18 JANUARY 2011 I. CITY COUNCIL BRIEFING - Conference Room - I. MAYOR'S ALTERNATIVE ENERGY REPORT Robert Burnley, Consultant — Wise Energy for Virginia Coalition Karen Forget, Lynnhaven River NOW II. CITY MANAGER'S BRIEFING A. FORM BASED ZONING Jack Whitney, Director - Planning B. PLANNING ITEMS PENDING Jack Whitney, Director — Planning 4:00 PM -1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia January 18, 2011 Mayor William D. Sessoms, Jr., called to order the CITY COUNCIL'S WORKSHOP re the MAYOR'S ALTERNATIVE ENERGY REPORT in the City Council Conference Room, Tuesday, January 18, 2011, at 4:00 P.M. Council Members Present: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 18, 2011 -2 - CITY COUNCILS BRIEFING MAYOR'S ALTERNATIVE ENERGY REPORT 4:00 P.M. Karen Forget, Executive Director - Lynnhaven River NOW, introduced Robert Burnley, Consultant — Wise Energy for Virginia Coalition, to discuss the proposed Cypress Creek Coal Plant. The Executive Committee of Lynnhaven River NOW has taken a position in OPPOSITION to the Cypress Creek Coal Plant. Lynnhaven River NOW's responsibility is stewardship of the waterways in Virginia Beach. Excess nutrients, especially Nitrogen and Phosphorus, are our most stubborn challenges. Each year, despite our efforts, Nutrient levels stay at destructive levels. This report will be publically released on Thursday. Two gentlemen are in attendance, KO. Jaffey, Senior Attorney — Southern Environmental Law Center, Adjunct Faculty — University of Virginia Law School and Robert Burnley, former Director — Virginia's Department of Environmental Quality. Robert Burnley has approximately forty (40) years within the Virginia Regulatory Community (Pollution Control Specialist, Regional Director, Water Division Director and in 2006 Director of the entire Department). ODEC has delayed its timelines for submittal of the airpermit applications to the Department of Environmental Quality; however, the company is moving ahead with its submittals before the United States Army Corps of Engineers. It is the Corps, which has the sole responsibility to develop a Comprehensive Environmental Impact Statement (EIS) to consider all the impacts and alternatives. The Corps of Engineers has confirmed receipt of information from ODEC and their consultant. More than 90% of the claimed 7200 megawatt need is not to serve any of ODEC's service territory. It is primarily for Dominion Power's growth in Northern Virginia. Dominion, according to its filings with the State Corporation Commission is planning on 3800 megawatts of new generation in the next few years. This includes a lot of projects that are already under construction: new coal plant in Wise County, two (2) new Natural Gas Plants (Buckingham and Warren County) and future plants still under consideration, including a third reactor (7,700 megawatts of new capacity in total by 2025). ODEC's Coal Plant is not the only plant on the table to meet future energy needs. Rejecting this Coal Plant will not lead to "blackouts ". Because of the economic slowdown, there is the opportunity to invest in energy efficiency programs which have much stronger jobs per kilowatt per hour ratio than a coal fired Power Plant. Robert Burnley expressed appreciation for the attendance. Mr. Burnley has expended a number of years working re the economic development side of the environmental business for State Government at the Virginia Economic Development Partnership and as a private Advisor to industry. Mr. Burnley spoke re environmental and economic consequences arising as a result of this Power Plant, if built. Virginia Dominion Power just permitted a new plant in Warren County (literally on the border of the Shenandoah National Park) (an environmentally sensitive area) with special protections. The ODEC plant would emit 3,0 70 tons (megawatts) per year with the gas plant 14 tons - "coal versus gas ". Karen Forget expressed appreciation to the City Council and advised she is working very hard in Virginia Beach to clean up the waterways to which the City has committed many funds A copy of the most recent "State of the River Report" follows and is hereby made a part of the record. This Report documents the high Nutrient levels. This is "hot off the press " and will be publically released on Thursday. The top four (4) indicators tracked are: Bacteria, Nitrogen and Phosphorus, Dissolved Oxygen and Water Clarity. The potential Nitrogen deposits from this Power Plant could undo any progress hoped to be made in reducing these Nitrogen levels. In addition, there is the possibility of introducing Mercury and other toxins to our water, currently not present. For these reasons, Lynnhaven River NOW has concluded that we must, as stewards of our waterways, oppose the proposed Coal Plant. January 18, 2011 O IS) O O WIN.r N W M • 1 ;O 1 • cN-I ti tOf) Lf) IV ILf) LA LLP O M cH 0 O 0 • A 1- 1 N v c w O • � 1 r M N 1 1 � � • 1 C 0J o O c 0 O 1 O IS) O O N W M M O cN-I ti tOf) Lf) IV ILf) LA LLP O M cH 0 O 0 N A 1- N v c O r M N co y C 0J o O c 0 2 N O N W M M IN N Lf) IV ILf) Ic, LLP M c O M � y C o c 0 N oCl _ o o ° c q .i W g a c is mM v m o c c o c 3 zf O - O j g 0 a N U C p N °° o a o m 3 a •Q 3 c L"n N`� _ o a o N LO U o a Lu `y d N d Q o ns a; s ao 3 3 Lt o > _ a o r a o o aci 02 t R 4, -+ xu W rn d > G H U c Y o 0) d D U U U> C0 } m a LO zil N M V Lf> LO r� 00 ci 0 2.5 5 10 15 Jame YO 11 2 N117 K "I" ISM, i� X SUrry Py 11Urt /is 100 km + V F Wr 41 nl- 2 R V isle f 8 6 J 4" v - 40 0 5 0 CD, t CD Southern Dismal Swamp Canal Environn-iental� 20 & Feeder Ditch to WLMiles Lake Drummond Law Center Top 10 Mercury Emitters in the Hampton Roads MSA* Stationary Mercury Emitters Hampton Roads MSA* Rank Facility Name Lbs/Year H9 LbsPrY 1 Dominion - Chesapeake 171 >100 Mercury Impaired Water or Advisory 2 Dominion -Yorktown 142 (US EPA or Va. Dept. of Health) 3 Stericycle Inc. 116 41-100 Rivers and Streams 4 OIDEC - Hampton Roads Plant 44 21-40 Lakes and Reservoirs 5 1SPSA Regional Landfill 40 6 Cogentrix Virginia Leasing Corp. 33 < 20 Map Created: September 29, 2010 7 NASA Refuse -fired Steam Plant 25 Data Sources: National Emissions inventory (EPA), Virginia DEQ, USGS, ESRI 8 SPSA Waste To Energy 15 Metropolitan Statistical Area 9 Thrasher Debris Landfill <1 + =Most mercury deposition occurs within 100 km of the coal plant. M. Cohen, NCAA, Modeling the in lrd----, Kl-..,, r;*- I --A4:;[] , i Fatp and Trannort of Atmnqnhprir Mprriinj in the Chp-umpakp Rav Pposinn (Mav 17 20041 I Top 10 NOx Emitters in the Ham Rank Facility Name 1 Dominion - Yorktown 2 Dominion - Chesaneake Roads MSA* 3 ODEC - Hampton Roads Plant 4 Cogentrix Virginia Leasing Corp. 5 SPSA Waste To Energy 6 SPSA Waste To Energy 7 Owens -Brockway Glass Container Inc. 8 US Navy Norfolk Naval Base 9 Anheuser-Busch Inc. TPY 7,410 7.046 686 426 Stationary NOx EmittorsO Hampton Roads MSA* Tons Per Year > 5000 Pending Recommendation for U.S. EPA Nonattainment Area -Ozone 2501-5000 1 Norfolk-Va. Beach -Newport News, VA 501-2500IN Richmond -Petersburg, VA < 500 397 * = Metropolitan Statistical Area 318 Map Updated: September 29, 2010 11n Data Sources: National Emissions it Southern Environmerital "Zr l ,aw C f-nfor II The Chesapeake Bay Dead Zone 1 and Nitrogen Compounds from the ODEC Coal Plant ' F ( Ichmond _Northumberland M 6 v� Essex t .r'- 7 F r x 4= 100 km s 14 ; 1 -. Lancaster . Hanover King William ~ .. �� � `_ rZ 5 4 King and Queen ! S' nga� I' (r 4 Accomack , "`: -i �,. ,:. ���yi{' �F �' '1 dtt 1�. 5 :fid•. ;. New Kent f •S - ^; _ ! f� F M Henrico 50 km s 7, r Gloucester- J Mathews F 7 �ti ` - @r• - f` 1 s�•� Charles City iy4 0 - -d Northam Chest field i James City (' f` 'd✓ _�+York Co I H hts F •,� William urgk \ fir} Prince George Petersbur F, +n Surry NewpoVu }a 'News ,. heap � � �l 3 S✓ Pi Hamp Isle of Wight - s The Proposed ODEC Coal VirglnlaBeaeh�E �_- Plant Would Be The 3rd az em� e Em' Largest g fitter Of Nitrogen Oxides (NOx) In The 4 Hampton Roads Region Suffolk Chesapeake 12.5 25 50': : ©A Miles Legend What is a Dead Zone? Dissolved Oxygen (Mg/L) Avg. for June to Sept. 2009 Nitrogen is a key nutrient whose overloading into water supplies can 5 0.2 (Anoxic) result in eutrophication. This increase of the rates of supply of organic 0.2 to 2 (Hypoxic) matter in turn results in hypoxic and anoxic conditions, where low and ® 2 to 3 extremely low levels of dissolved oxygen occur in the water. Under these 3 to 4 conditions life forms struggle to exist and "Dead Zone" conditions are 4 to 5 (Low Oxygen Limit) 5 to 6 (Least Vulnerable Species Impacted) created with severe reductions in aquatic wildlife populations. >6 NOx - Tons/Year > 5000 2501-5000 501-2500 < 500 Q Hampton Roads MSA Mao Undated• January 14, 2011 Data Sources• National Emission Inventory (EPA); Ecocheck (NOAA-UMCES); National Hydrography Dataset (USGS) Southern Environmental )v Law Center Top 10 NOx Emitters in the Hampton Roads MSA* Rank Facility Name TPY 1 Dominion - Yorktown 7,410 2 Dominion - Chesapeake 7,046 3 ODEC - Hampton Roads Plant 3,070 4 Co entrix Virginia Leasing Corp.1,686 5 SPSA Waste To Energy 1,632 6 SPSA Waste To Energy 1,362 7 Owens -Brockway Glass Container Inc. 426 8 kS:Navy Norfolk Naval Base 397 9 Anheuser-Busch Inc. 318 [10 wNeport Shipbuilding & Dry Dock Co. 310 Mao Undated• January 14, 2011 Data Sources• National Emission Inventory (EPA); Ecocheck (NOAA-UMCES); National Hydrography Dataset (USGS) Southern Environmental )v Law Center Lynnhaven River NOW presents the 2010 State of the River Report Chesapeake Bay v Shore Dr. Firs a rk G Lynnhav B4ac 64 St>B � 4 • t� Gm k Rac Ceatar 0 Virginia BeaC7►$Ivd• O r ; Oceans &vsn P o m y�nn mr C9 Our 64 square mile Lynnhaven River watershed, outlined in red on the map above, is home to almost 250,000 Virginia Beach citizens and approximately 40,000 dogs. It is a densely developed, urban/suburban area with all of the water quality issues that are associated with a high percentage of impervious surface and the daily activities of almost a quarter of a million people. During the past eight years, Lynnhaven River NOW and the citizens of Virginia Beach have made significant progress in the protection and restoration of the Lynnhaven River. We have seen marked increases in the areas open for shellfish harvest, have built and seeded 58 acres of conservation reef and have seen the beginning of the rebound of our oyster population. We have developed a comprehensive community education program along with extensive trainings and programs in our schools to help shape our future decision makers and river stewards. In 2010, our efforts were recognized in two national publications: the NOAA publication, Hope for Coastal Habitats, and the Conservation Fund book, A Sustainable Cbesapeake: Better Models for Conservation. The schools that achieved the Pearl School award grew to 30; we launched a new Wetlands Committee and several new educational programs. And we began an exciting strategic planning process. While two measures, Nitrogen & Phosphorus and Sanitary Sewers, worsened in 2010, Water Clarity, New Funds for Water Quality and Wetlands improved enough to raise our overall average to a B. Environmental degredation happens over long periods of time; therefore, time is required to reverse that damage. Nevertheless, we cannot be complacent if we want to continue the laudable progress we have made. It is important that we look ahead and continue to consider how to best improve the river's health for future years. We need to increase our efforts to reduce nutrients and bacteria in our water, as well as protect and restore our riparian buffers, wetlands, oyster reef, open space and underwater grasses. Most importantly, we need everyone's participation if we are going to continue the recognized leadership that we have demonstrated in restoring and protecting the Lynnhaven River. The famed Lynnhaven oyster is a keystone species in the river and restoration of our reefs and oyster population is critical to the river's recovery. Oyster reef restoration has been underway since 1997 and we currently have 58 acres of conservation reef; no new reef was built in 2010. Spat set on the existing reefs was strong in 2010 and an additional 798,143 spat were stocked through the school and community oyster gardening programs. In addition, LRNow continued to operate the Save Oyster Shell Program in 2010 with 12 restaurants participating, pick up from community events and 2 public drop off locations. Wetl ins B+ Wetlands grow at the interface between the river and the land. They protect the river's water quality by intercepting and removing sediment and nutrients from stormwater run-off before it enters the river. Wetlands also provide key habitat for animals, especially juveniles. Wetland areas are destroyed because they grow in desirable areas for shoreline development. Historically, most of the Lynnhaven wetlands have been filled for development increasing the critical nature of protecting the remnants that remain. Less than a 'A acre (0.1818 acres) of wetland were lost this year through the permitting process. This is an improvement from 2009. r)ei . I E1 C'& Public The vast majority of the Lynnhaven River's watershed is developed with residences, roads, and buildings. This infrastructure is necessary for humans, but Open Space acreage is also necessary because it contains vegetation that provides natural protection for the river. Though no new Open Space was acquired in our watershed this year, plans are being developed for a Thalia Creek Greenway and the preservation of the Pleasure House Point property. No new access sites were added in 2010. rider ater_Grass Peds F We are excited to have gone from 0 to 6.08 acres of underwater grasses (SAV). However, it still constitutes a failing grade. Historically, SAV grew in dense beds in the river. Healthy SAV beds provide critical habitat for crabs, fish and other aquatic animals, while improving water quality by taking up nutrients, stabilizing sediment, and producing dissolved oxygen in the river. Though still at a failing grade, the first new grasses in many years, 6.08 acres in Broad Bay, were detected in 2010. Widgeon grass is currently being tested in several areas of the river as an alternative to Eel Grass that has not thrived due in part to poor water clarity which blocks sunlight from reaching the plants. Lynnhaven River Now is raising environmental AWARENESS in the watershed because community education is one of the only strategies for reducing pollution from private residential properties in the Lynnhaven watershed. Media Attention A+ Media coverage of the condition of the Lynnhaven River is invaluable for educating the public and generating their interest in helping to address the river's problems. In 2010, we had 24 articles and three television appearances as well as produced and distributed 8 LRNow publications. Additionally, our work was highlighted in a NOAA publication Hope for Coastal Habitats, the winter VIMS Bulletin contained an article on our No Discharge Zone designation and LRNow was featured in the Conservation Fund book A Sustainable Chesapeake: Better Models for Conservation. Membership & Involvement A- LRNow is a rapidly growing organization. Membership and community involvement are critical to our mission. Our system of committees gives many and varied opportunities for citizens to participate in a meaningful way in the development and execution of education and restoration projects in the Lynnhaven watershed. In 2010 our membership grew to 4,758 and 14,664 citizens were involved in LRNow programs and events throughout the year. We greatly appreciate the financial support and river stewardship that our members provide and we encourage all of our members to get involved with the work of LRNow through our outreach events, education programs, volunteer opportunities and committee participation. Educational Programs A+ Community education programs are at the core of our work at LRNow. It is through the efforts of the almost 250,000 citizens of our watershed that we have made significant progress in the past 8 years. During the past year, LRNow held 103 education events and outreach opportunities. In addition to continuing our successful oyster gardening activities, our kayak and bike tours, and our rain barrel programs, we added a new Phragmites Management Program and a full day Citizen Wetlands Workshop that were well received by the community. School Particivation A Through our school programs, we are helping to shape the decision makers and stewards of the future. Teachers and schools reach thousands of students each year and those students, in turn, educate their families about environmental issues. Each year the number of schools achieving the Pearl School status has grown. In 2010, we had 30 Pearl Schools and reached almost 6,000 students through 42 school programs. We also conducted 7 teacher trainings and received the 2010 Model Partnership Award with Cox High School and a Certificate of Recognition from the Community Beautification Program for our Landscape Project at Kemps Landing Magnet School. Stormwater run-off is the main vector that brings POLLU 1 ION to the Lvnnhaven River. During rain events, pollutants are washed from the watershed and carried by rain water into storm drains that dump directly into the river. Bacteria C Bacterial testing is done regularly in the Lynnhaven River by the Virginia Department of Health, Shellfish Sanitation Division. Bacteria levels determine what areas of the river are open to shellfish harvest. Tests indicate that the Lynnhaven River is contaminated with fecal matter from humans, pets and wildlife including birds. In partnership with the City, boaters and dog owners, we have made notable progress in reducing fecal pollution. In 2010, 1781.5 acres of the Lynnhaven, approximately 35% of the river, was open to shellfish harvest. During 2010, we lost some previously open areas in the Inlet and gained new areas in Linkhom Bay and Broad Bay to reduce the overall open area by 3%. Dissolved Oxygen D Marine animals require dissolved oxygen for survival, like humans require atmospheric oxygen. Crabs, fish and other aquatic animals suffocate without sufficient levels of dissolved oxygen. Dissolved oxygen is produced when underwater plants photosynthesize and it is removed from the water when living organisms breathe and when aquatic bacteria decompose dead algae, plants and animals. Increasing Subaquatic Vegetation and reducing algae growth through nutrient reduction could improve dissolved oxygen levels in the river. In 2010, 7.92 square miles of the Lynnhaven were classified by DEQ as impaired for dissolved oxygen; this is approximately 90% of the river. Nitrogen & Phosphorus D Nitrogen & Phosphorus are the main ingredients in lawn and garden fertilizer. During rain storms, fertilizer is washed off of lawns in the watershed and carried to the Lynnhaven River via storm water. Nitrogen is also air deposited in the river with cars as the primary source in our watershed. Once in the river, excess levels of nitrogen and phosphorus negatively impact water quality because they promote algae growth and algal blooms which reduce water clarity and ultimately remove dissolved oxygen from the water. In 2010, nitrogen and phosphorus concentrations in the Lynnhaven continued to exceed healthy levels, reducing the river's water clarity and dissolved oxygen levels. Water Clarity C Sunlight penetrates deeper into clear water than into murky water. Underwater grasses (SAV) which provide critical water filtration and animal habitat in a healthy aquatic ecosystem, depend on clear water for adequate sunlight penetration. Water clarity is diminished by algae blooms and high concentrations of suspended sediment, soil and sand, that enters the river in stormwater. In 2010, turbity levels were lower and Lynnhaven water clarity improved moderately, but remains a serious impediment to the growth of underwater grasses (SAV). SAV is a critical element of the river ecosystem and provides habitat, raises dissolved oxygen levels, absorbs nutrients and aids in the settlement of sediments. Water quality can be improved through POLLUTION CONTROL measures that treat or reduce the sources 4 sediment, nutrients and bacteria before these pollutants reach the riN•er. Clean. Boater A_ Most boaters value clean water and responsibly dispose of their holding tank contents. However, illicit discharge of sanitary waste by even one recreational vessel releases enough bacteria to contaminate a square mile of water. Since becoming a No Discharge Zone in 2007, the number of gallons of waste pumped out has increased each year from 1000 gallons in 2008 to 1,500 gallons in 2010. Four of our 8 marinas are certified by the state "Clean Marina" program. In 2010, we developed and distributed a new NDZ brochure with our Clean Boater stickers. Sanitary Sewer C To reduce the sources of human waste, containing fecal coliform and enterococci bacteria, polluting the river, the City of Virginia Beach has spent $56 million, including $11 million in 2010, reducing the number of sanitary sewer leaks and overflows into the river and eliminating septic tanks within the watershed. In 2010, we have begun tracking the total gallons, in addition to tracking the number of sanitary sewer overflows. Seventeen overflows in 2010 produced 4,451 gallons of contaminated overflow. In 2010, all but 229 of the original 11,600 septic tanks had been eliminated. New Funds for Water Quality A+ In 2003, the City Council named the Lynnhaven River one of their highest priorities. Since that time, the City has spent approximately $49.9 million expanding its stormwater system and increasing public awareness about stormwater pollutants. In 2010 the City allocated another $2.4 million to support the Lynnhaven No Discharge Zone, begin the development of a Comprehensive Stormwater Management Plan and develop new Bacterial tracking methods to enhance the effectiveness of the Source Identification and Elimination Program. Stormwater Treatment D When it rains, stormwater from most of the watershed flumes into storm drains that dump directly into the Lynnhaven. In 2010, the City upgraded the Lynnhaven Municipal Marina pump_ out Facilities, and continues solar aeration to remove bacteria, sediment, and nutrients from stormwater before the pollutants reach the river. In addition the City has completed the first of many Comprehensive Stormwater Management Plans and identified over a million dollars in Water Quality retrofits to be constructed over the next 12 months. Currently, stormwater runoff from only 19% of the watershed is treated, but that percentage will go up as new Green Ribbon strategies are implemented. 'In 2010, we began tracking not only the number of sanitary sewer overflows but also the number of gallons spilled into the river. Indicator 2010 Where we are in Where we want to Grade 2010 be Bacteria C 35"o of the river meets the 100% of river meeting shellfish standard the shellfish standards Nitrogen & • � Nitrogen & 1 hosphorus Levels Nitrogen & Phosphorus levels Phosphorus are too high for SAV to thrive g that meet SAN' habitat requirements) • Dissolved D 7.92 impaired square miles Oxygen (approxir7nately 9O°io of river) 0 impaired square miles Water Clarity C Sediment & algae levels are too high for SAV to thrive but some Sediment &algae levels that meet SAV habitat requirements) improvement Clean Boating A- Nr)l in Effect & NDZ in Fff ct & • 4 Certified "Clean Marinas" 8 C crtified Clean _Marinas" New Funds for • Water (duality A+ S3.9 Million in 2010 S3 million per year • 1 � sc« er ovcl flows & 0 sewer overflows per year &. l Sanitary Sewer C _ 4,451 gallons Spilled-' 0 gallons spilled ��� of 11,600 septics remaining O septic tanks remaining of 11,600 • Stormwater 19`o of total watershed treated 100" 0 of total watershed treated Treatment �"� with stormwater management with stormwater management st Es i 7()� 1-t l transplanted & 25(0 00 per cit CY 117 `+pl4lnted • J8 T ,cal aCiC-; of construcrcd li)O total aloes of CUIIStructed O� tC'i 1111_iltfit U; T.er h ibltat Or Gricn Space - Open s,, � , , _,(> 1 _ o 1, Ol �1i �h k tl� ') e: acre Pu. -)lac Access public _1CCC S: -t 6)rnn"Il sites P,.iblic .vcccs.: la !o nial sites We, fland.s B + ; ` l 8 t 8 acres tlet los:, Iii cniitiod loses per ,, ear Gr<;,ss Peds Media .Attention �+ - 23 newspaper articles and 3 television a n appearances earances Coverage 18 times per year Educational A+ 105 tsaininas & events Pro Programs g 9 new publications 80 per year Membership& A-- Membership: 4,758 Membership: 4,000 Involvement Involvement: 14 664 Involvement: 30,000 (15°% of watershed Population) School Exhibits in all 41 schools Participation A Participation from 26 watershed Participation from all 41 schools in the watershed schools; 30 Pearl Schools 1iDennison et al (1993) Assessing water quality with submersed aquatic veaetatinn• Hnhitnt rpm rAmpnk nQ hnrnmafam nr rhoe Rw Wanlfh Ri^C^;... e A9/91 - 'In 2010, we began tracking not only the number of sanitary sewer overflows but also the number of gallons spilled into the river. XN k AN, Tq�l, n � G CINCVk AMERICAN DUNG Fighting for Air For Release after 11:30 a.m. EST on December 14`h' 2010 Contact Kimberly Williams American Lung Association Off ice: 202-481-7648 Cell: 202-679-7070 kwiIliams@lungusa.org Health Groups Oppose ODEC Coal Plant, Urge Virginia Beach City Council to Take Action The Virginia Asthma Coalition, the Consortium for Infant and Child Health, and the American Lung Association issued a joint statement today in opposition to the coal-fired power plant that Old Dominion Electric Cooperative (ODEC) is proposing for Hampton Roads. Concerned about the thousands of tons of air pollutants the plant would emit, the groups cited a new analysis predicting that the lifetime impacts of soot from the plant would include 1,500 premature deaths and thousands of heart attacks and asthma episodes, with a cost to society of over $12 billion. Representatives of the groups will attend the Virginia Beach City Council meeting this evening and urge the council to accept a report from the Mayor's Alternative Energy Task Force, which includes, among other things, a recommendation that council consider taking action to oppose the ODEC coal plant. The proposed Cypress Creek Power Station, targeted for Surry County and upwind of Virginia Beach, would be the largest single coal-fired power plant in Virginia. As described by the three groups in their Statement of Opposition, the analysis is from a forthcoming Clean Air Task Force report using standard methodology approved by the U.S. Environmental Protection Agency to assess the impacts of "fine particulate matter," or soot. People with asthma, cardiovascular or lung disease, as well as children and elderly people, are considered to be the most sensitive to the effects of soot pollution. David Schoengold, a researcher with MSB Energy Associates who prepared the analysis, noted that the level of emissions from ODEC's plant would make it one of the largest coal plants in the country. "It is not the largest, but it would not be considered a particularly clean new power plant," he wrote in memo to the American Lung Association. "For proposed new plants, a commitment to build a new plant is, essentially, a commitment to the health impacts for the projected life of the plant." In addition to these impacts, the plant would be one of the region's largest emitters of the chemicals that form ground -level ozone. Ozone pollution is responsible for "code orange" and "code red" days in the summer, when exercise is discouraged and children, the elderly, and asthmatics are encouraged to stay indoors because of risk of permanent lung damage. Both Richmond and Hampton Roads already register above safe ozone levels, and the proposed coal-fired power plant would exacerbate the problem, causing more bad air days and health impacts. Asthma, which is exacerbated by both ozone and particle pollution, is one of the groups' leading concerns. An estimated 40,000 children and 100,000 adults are affected by asthma in the Hampton Roads region. Richmond has been ranked the No. 1 "Asthma Capital" in the U.S. by the Asthma and Allergy Foundation of America. In Hampton Roads, asthma is the primary reason for children needing emergency medications at school and for missing school days. While little to none of the electricity would be going to Hampton Roads or Richmond these regions would be burdened with much of the pollution and dealing with the health and economic consequences for the decades -long life of the coal-fired power plant. The Virginia Asthma Coalition, the Consortium For Infant and Child Health, and the American Lung Association are calling on others to sign onto their joint statement against building another coal plant; health groups and regular citizens may sign on at http://www.lungusa.org/????? "The Consortium for Infant and Child Health feels strongly that building a coal-fired power plant in Surry or Sussex Counties will have serious negative health impacts for everyone in Hampton Roads, especially children and people with lung diseases," said Amy Paulson, Director of CINCH. "Negative impacts to our air quality will also create an additional burden on our schools and community medical providers, and cause parents and businesses to lose profit through work absenteeism. It's a health and economic risk we just don't need to take for power we don't need right now." "Cities and counties in the state of Virginia should be outspoken in their opposition to this coal-fired plant as it will have a negative impact on individuals with asthma and other lung diseases," said Stuart Tousman, Chair of the Virginia Asthma Coalition. "We know that current ozone limits are not adequately protecting the public health and that we need new stricter limits on ozone pollution. We also know that Virginia is not meeting the current ozone limits and that because of this, people living with lung disease, like children with asthma and others with COPD, are suffering," said Kimberly Williams of the American Lung Association. "If this power plant is built, the ozone problem will only get worse and those with lung disease will suffer even more. This is a serious threat to our community which must be addressed." About the Consortium for infant and Child Health (CINCH) CINCH is located at the Center for Pediatric Research and Community Health at Eastern Virginia Medical School (EVMS), which serves as its lead agency. CINCH collaborates with the Children's Hospital of The King's Daughters and over 200 community members who represent public and private health care, industry, academic and religious institutions, military and service agencies. CINCH was established in 1993 to improve childhood immunization rates in the Hampton Roads area. Five years later, CINCH added an asthma workgroup. http://cinchcoalition.blogspot.com/ and www,pediatricasthma.org/community_coalitions/hampton_roads About American Lung Association The American Lung Association is the leading organization working to save lives by improving lung health and preventing lung disease through Education, Advocacy and Research. With the generous support of the public, we are "Fighting for Air." When you join the American Lung Association in the fight for healthy lungs and healthy air, you help save lives today and keep America healthy tomorrow. www.lungusa.org/associations/states/virginia/ About the Virginia Asthma Coalition The Virginia Asthma Coalition (VAC) is a group of organizations and individuals devoted to reducing the morbidity and mortality associated with asthma. Organized in the spring of 1998, the Coalition has spearheaded the development and passage of model legislation to provide better access to asthma medications in schools, assisted with the development of an emergency services program on asthma, the development of a low literacy asthma education module for children and their parents, and an asthma action plan for use by Virginia schools. www,virginiaasthma.org/ Virginia Asthma Coalition (VAC), Consortium for Infant and Child Health (CINCH), and the American Lung Association in Virginia Joint Position Statement on the Old Dominion Electric Cooperative's Proposed Cypress Creek Coal -Fired Power Plant The Virginia Asthma Coalition, the Consortium for Infant and Child Health, and the American Lung Association in Virginia oppose the proposal by Old Dominion Electric Cooperative to build the Cypress Creek coal-fired power plant. The proposed coal plant would contribute to ground level ozone and particulate matter. This would lead to degraded air quality and increased health problems in the affected population, especially persons within a 30 -mile radius. The proposed Cypress Creek Power Station would impede the region's ability to maintain acceptable air quality standards. The health and environmental impacts of air pollutants emitted from power plants are well known and documented. Nitrogen oxides, sulfur dioxide and/or particulate matter acting alone or in combination, for example, present a number of threats to human health and the environment: increases the risk of asthma attacks, emphysema with chronic obstructive bronchitis, infant mortality, lung cancer, heart disease and ischemic strokes.i Most critically, these pollutants contribute to the region's unhealthy ozone and particulate air pollution, which places at high risk the people who live nearest to the plant, including low income and minority communities already experiencing health disparities. Asthma is a significant public health issue, both nationally and in the Richmond and Hampton Roads regions. An estimated 20,000 children and over 60,000 adults in the Richmond area and 40,000 children and over 100,000 adults in the Hampton Roads region, are affected by the disease.'',"! Additionally, over 400,000 adults in Virginia, or 14% of that population group in the state, have asthm.a.1v Pollution from burning coal causes coughing and wheezing, triggers asthma attacks, causes heart attacks and strokes, and even early death.'•' Breathing these pollutants may necessitate an increase in medication, the need to seek medical care more often, and an increase in hospitalization and emergency room use. The proposed Cypress Creek Power Station could impact more than those with asthma. Pollution from burning coal places at risk: fetuses, infants, children, the elderly, people with other lung diseases like chronic obstructive pulmonary disease (COPD), individuals with cardiovascular disease, and diabetes. Fetuses, infants and children are especially vulnerable to the neurological impacts from coal plant mercury emissions: developmental delays resulting in reduced IQ; mental retardation; impairment on neuro -developmental scales; and permanent loss of intelligence.' The Old Dominion Electric Cooperative's proposed site for the Cypress Creek Power Station is located near Richmond and Hampton Roads. Both areas already register unsafe ozone levels in violation of standards set by the U.S. Environmental Protection Agency (EPA). If built, the proposed Cypress Creek Power Station would be the largest coal-fired power plant in Virginia emitting 3,070 tons of sulfur dioxide and 1,842 tons of particulate matter annually. In addition, it would contribute to ground level ozone by annually emitting 3,070 tons of nitrogen oxides and 246 tons of volatile organic compounds, both of which are precursors to ozone. It would also be within 15 miles of all the local public schools and multiple early childhood programs in Surry County, which serve over 1,000 school-age children. The EPA is expected to release new stricter ozone limits later this year. With the construction of this coal-fired power plant and its projected emissions, it will be even more difficult for these particular areas in Virginia to meet the National Ambient Air Quality Standards. In addition to the well-known impacts of ozone, other pollutants from the proposed Old Dominion Electric Cooperative plant would have devastating repercussions. A recent analysis using methodology approved by the Environmental Protection Agency and the National Academy of Sciences assessed the impacts of one other pollutant: fine particulate matter. According to this analysis, conducted for a forthcoming report by the Clean Air Task Force, fine particulate matter over the 60 -year life of this plant alone would cause in excess of 1,500 deaths in the Southeast and cost society over $12 billion .v Roughly a third of these impacts would be in Virginia. Furthermore, the burden from this plant would add to the annual adverse health impacts from the existing coal plants in and around our state that cause Virginia to be 6th in the nation for coal plant caused mortality.vi The Old Dominion Electric Cooperative has not demonstrated to the public that the 1,500 megawatt output of the proposed plant is necessary, nor have they shown that the demand could not be adequately met through less polluting means. The Virginia Asthma Coalition, the Consortium for Infant and Child Health and the American Lung Association in Virginia strongly oppose the proposal by Old Dominion Electric Cooperative to build this coal-fired power plant, which would negatively impact the air- quality throughout the region and lead to harmful public health outcomes. i Physicians for Social Responsibility. "Coal's Assault on Human Health" November 2009. ht www psr ore/resources coals-assault-on-human-liealth.html ii From a sum of the pediatric asthma count of Richmond City, Henrico, Hanover, and Chesterfield Counties according to: American Lung Association Epidemiology and Statistics Unit Research and Program Services. "Estimated Prevalence and Incidence of Lung Disease by Lung Association Territory". January 2010. http_//wwwhingusa Qrg/.finding-cures/our-research/trend-reports/estimated-prevalence pdf M From a sum of the pediatric asthma count of Chesapeake, Franklin, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, Williamsburg, Gloucester County, Isle of Wight County, James City County, Southampton County, Surry County and York County according to: American Lung Association Epidemiology and Statistics Unit Research and Program Services. "Estimated Prevalence and Incidence of Lung Disease by Lung Association Territory". January 2010. hUp://www lungusa org/finding-cures/our-research/ti-end-reports/estimated-prevalence pdf iv American Lung Association, Epidemiology and Statistics Unit "Trends in Asthma Morbidity and Mortality", February 2010 Imp://www lungusa oi-F /finding-cures/our-research/trend-reports/astlima-trend-report pdf Lockwood, Alan MD FAAN; Welker -Hood, Kristen ScD MSN RN; Gottlieb, Barbara Analysis conducted for the Clean Air Task Force by MSB Energy Associates using the health impacts estimator tool developed by Abt Associates. Available upon request vi Clean Air Task Force: 2010 Toll from Coal http://www.catfus/coal/problems/power_plants/existing/map.php?state=Virginia Virginian -Pilot, December 13, 2010: Virginia Beach should lead on alternative energy By Andrew S. Fine There's been much discussion in recent months about planning for a healthier Hampton Roads. Hot topics include reducing water pollution, conserving energy and turning to renewable energy sources such as wind, solar and algae -based biofuels, to name a few. As a region, this momentum is important if we are going to transition to a cleaner, more sustainable future, for economic and security reasons as well as to protect human health and the environment. Virginia Beach has the opportunity to lead that charge. Recently, Mayor Will Sessoms' Alternative Energy Task Force, of which I was a member, produced a detailed report reviewing existing energy needs and evaluating alternative sources of energy to satisfy these needs now and in the future. Part of the report includes opposition to a coal-fired power plant proposed by Old Dominion Electric Cooperative (ODEC) in nearby Surry County. A coal-fired power plant in Surry County would add significant amounts of mercury, nitrogen and ozone pollution to the region. Mercury is toxic to wildlife and to humans, posing special threats to fetuses, young children and pregnant women. Nitrogen promotes excess algae growth in our waterways that clouds the water, stunts underwater grasses and robs the water of oxygen vital to fish, crabs and oysters. The additional ozone formed due to emissions from the proposed facility, combined with the region's looming non -attainment designation, could hamper economic development opportunities for the entire region. The city of Virginia Beach is starting down the right path by aggressively supporting energy conservation and the development and use of renewable energy to provide for greater security and health for its citizens. As the Energy Task Force report points out, "the potential adverse environmental, human health, and economic development impacts to the region posed by the ODEC plant should lead not only Virginia Beach but all of the region's localities to oppose construction of the proposed facility" The Virginia Beach City Council is poised to formally accept the plan from the Mayor's Alternative Energy Task Force at its Dec. 14 meeting. If that happens, the city will be one of the first to take a stand. I hope Virginia Beach's effort to develop strategies to ensure safe, clean -energy sources will serve as a springboard for other localities throughout Hampton Roads to join in a strong, unified voice and oppose the ODEC plant's threat to our economic and environmental quality. Andrew S. Fine is president of the Runnymede Corporation, a commercial real estate development and management firm. He co-founded Lynnhaven River NOW, was a founding director of Commerce Bank and TowneBank, served as rector at Eastern Virginia Medical School and as board chairman of the Chrysler Museum of Art. A member of the Virginia State Bar Association, Fine lives in Virginia Beach. Daily Press Op -Ed, Oct. 2,2010: Use ODEC's delay to oppose coal plant By Tom Cormons The Old Dominion Electric Co -Operative's recent announcement that it will delay seeking air pollution permits for its massive proposed coal plant in Hampton Roads may give the impression that the company is putting the plant on hold. In fact, ODEC is moving full steam ahead in pursuit of required water permits from the Army Corps of Engineers. That makes this a critical time for concerned Virginians to raise their voices and urge rejection of this ill-conceived proposal. When ODEC first announced its plans for the plant in 2008, environmentalists and industry watchers were taken aback. Public concern over coal's harms — from the'mountaintop removal mining that destroys Appalachian mountains, to the smog, soot, airborne mercury and toxic fly ash that pose severe health threats — was at an all-time high. Thousands of Virginians actively opposed Dominion Power's Wise County coal plant, making it what the press then called "the biggest environmental controversy in Virginia today," and the air pollution permits for that plant were still in litigation. Coal prices were skyrocketing and federal carbon dioxide regulations were on the horizon. What's more, an expert report on the Wise County plant demonstrated that utility investments in energy efficiency could have met the same electricity demand as the plant at a fraction of the cost to ratepayers, creating thousands more jobs statewide, and hundreds of millions more in gross state product annually. Yet, here was ODEC, proposing a $6 billion coal plant almost three times the size of the Wise plant, just upwind of Hampton Roads' 1.8 million residents and the ailing Chesapeake Bay. Could the company really be so out of touch? Judging by its rhetoric, it was and still is. ODEC has aggressively promoted the plant, warning that Virginia is "on the razor's edge of blackouts" and promising a major economic boost for the small town of Dendron. In reality, the company saw electricity demand slump in 2009, and there is now a substantial surplus of power on the multi -state electric grid for our region that the industry predicts will last for years. Moreover, a labor economist's analysis estimated that, in return for hosting one of the biggest polluters in the state, only three Dendron residents would get jobs during the peak year of construction, because skilled workers would have to be brought in from outside the area. A large majority of the citizens who spoke up during the local zoning battle passionately opposed the plant. But a slim majority on the Dendron Town Council was wooed by ODEC's allusions to future riches and, in an action being challenged in court, voted to approve the project. The company faces much greater hurdles in securing air and water pollution permits from state and federal agencies, which — together with slumping demand — may explain its latest move. ODEC's recent announcement that it will delay seeking air pollution permits comes after more than 20 months of back and forth with the Virginia Department of Environmental Quality, which rejected several versions of the company's applications, citing excessively high pollution levels among other faults. A study underway at the Corps of Engineers should reveal even deeper flaws. To inform its decision on whether to issue water permits for the plant, the Norfolk District of the Corps is charged with conducting a detailed assessment of the plant's environmental impacts. This Environmental Impact Statement begins with determining whether there is a need for the power and, if so, whether that need can be met in environmentally preferable ways. In light of ODEC's overblown growth projections and Virginia's vast untapped energy - efficiency potential — not to mention the 3,000 megawatts of offshore wind energy potential off Virginia Beach — the study should demonstrate that a new coal plant is not needed. The Corps then has the authority to reject permits outright. The Corps is in the important first phase of conducting its analysis. ODEC's board of directors has not made a final decision to proceed with the plant and, judging by the company's delay, may be having doubts. This means that affected citizens speaking out now can help ensure ODEC's outrageous proposal gets the close scrutiny that will lead to its rejection. Tom Cormons is Virginia director of Appalachian Voices, an organizational member of the Wise Energy for Virginia Coalition. Visit Gaup:%`iww i,'iseEnerg>,ForVirginia.org for informaton. Copyright C 2010, Newport News, Va., Daily Press http://www.dailypress com/news/opinion/dp-nws-oped-gaffe-1024-20101023 0 5665883 story Efficiency, not coal, is the answer for Va. 8:46 AM EDT, October 24, 2010 Gov. Bob McDonnell deserves great credit for hosting the recent (Oct. 13-15) Energy Conference, which brought together hundreds of stakeholders representing a wide array of viewpoints. In front of this national audience, the governor highlighted his oft -repeated goal of making Virginia "the energy capital of the East Coast." Yet to support this vision, he claimed that Virginia is the second-highest importer of electricity (behind California) and that we need to build 7,200 megawatts of new power by 2020. Both assertions are wrong. In fact, power purchased from neighboring states can be cheaper for Virginia ratepayers, because utilities buy electricity off the grid when it is less costly than generating it themselves. According to PJM Interconnection, the company that manages the grid, interstate electricity markets deliver $2.2 billion in annual savings across the region. A lot of that benefit comes from avoiding the cost of new generation. Not having to build more power plants also brings environmental benefits. Coal-fired plants lead to worsening smog in Northern Virginia, mercury -tainted waters in Hampton Roads, thicker haze in Shenandoah National Park, and increased nitrogen pollution in the Chesapeake Bay. On the question of electricity imports, there are What about the claim that we still need 7,200 many power plants owned by Virginia megawatts over the next 10 years? That forecast corporations and regulated by Virginia that — the equivalent of twelve 600 -megawatt coal happen to lie just outside the state. Dominion plants — is grossly exaggerated. and Appalachian Power generate more than 8,700 megawatts of electricity in West Virginia The economic downturn has led to historic drops and North Carolina. If delivered to Virginia in electricity demand. The U.S. Department of customers, this electricity would count as Energy reports that electricity use fell in 2008 "imported," although it is hardly foreign or and 2009 — the first time in 60 years of data market -risk power. collection of back-to-back, negative -growth years. If we are not really importing that much electricity, why say it? The phrase "imported energy" conjures up visions of oil shipments from Saudi Arabia, making it a good sound bite on energy independence. But our imported electricity is not coming from the Middle East. It is delivered across an interstate transmission grid connecting 13 states and the District of Columbia. To the extent we import electricity, it is from places like North Carolina. Except for a few Virginia Cavalier fans, no one sees this as buying power from our enemies. As the economy rebounds, electricity consumption will rise. Thanks to gains in energy efficiency, however, the rate of growth will not be as steep as in years past. The Department of Energy notes that growth in demand has slowed every decade from 1950 to the present, even as population has boomed. Continuing this trend of ever -improving efficiency, the department estimates that for the next 25 years, the growth rate will increase by an average of just 1 percent per year. The governor's forecast, in contrast, is based on a growth rate of 2.26 percent. While Virginia might grow more quickly than the nation, the staff for the State Corporation Commission has testified that even a 2 percent growth rate would be "unrealistically high" for our state. In fact, Dominion's 1995 forecast looking out 15 years significantly overshot actual consumption by 2007, before the recession. Virginians should be wary of inflated claims about new demand. Last April, while lobbying to spend $6 billion of its customers' money on a coal-fired power plant in Hampton Roads, Old Dominion Electric Cooperative said we were "on the razor's edge of blackouts." A few months later, the utility withdrew its permit applications with the state, citing "slower than expected growth in the demand for electricity." Policies making it easier to implement energy efficiency measures have a vital role to play in meeting future electricity needs. What's more, efficiency programs have a strong jobs -per - kilowatt -hour ratio. Insulating attics, upgrading heating -cooling systems in schools, and installing new appliances put people to work and lower per -capita energy consumption. All of which suggests that Gov. McDonnell might want to focus on making Virginia the energy efficiency capital of the East Coast. Cale Jaffe is a senior a{$orney at the Charlottesville -based Southern Environmental Law Center. Copyright © 2010, Newport News, Va., Dail Press x -3- CITYMANAGER `S BRIEFING FORM BASED ZONING 4:34 P.M. Jack Whitney, Director — Planning, advised the status concerning the development of Form -Based Zoning Regulations for the Oceanfront Resort District. Staff has been working on this project for approximately one-year. This will facilitate the implementation of the City's very first SAG "Strategic Action Plan" at the Oceanfront. January 18, 2011 CITY MANAGER B BRIEFING FORM BASED ZONING (Continued) 31 Mr. Whitney advised there .is a tremendous working relationship with the City's partners at Oceana Naval Air Base, who have been involved "every step of the way ". January 18, 2011 RASAP: Need to fix the zoning TOP 8 PRIORITIES 8 Develop zoning revisions for Resort Area - RT Develop form -based code (Laskin, Central Beach, Marina districts) Revise allowable uses Consistent set backs Adjust parking requirements Enforce design guidelines • Zoning bonuses in target locations for meeting community goals (such as view corridor incentives along Oceanfront) • Developer's roundtable on zoning changes • Coordination with Navy on AlCUZ related policy A C T 10 N P L A N I Nu,, r -1 u I I r s I C�(lii?,I,i",",,!,)I€,,,ttlt"(,),','y -"onventional Codc Little concern or emphasis on Form, making it difficult to get to the vision (the form) established by RASAP Resort Area Strategic Plan Management Use/Density n IIA , c0111, 111010 INII,(. Form M CITY MANAGER'S BRIEFING FORM BASED ZONING (Continued) WU1121 Stephen White, Project Manager, together with Karen Lasley, Zoning Administrator, Deputy City Attorney William Macali, and with National expertise re the subject of Form Based Zoning, has resulted in a very collaborative effort. This information will be provided shortly. January 18, 2011 - 7- CITYMANAGER `S BRIEFING FORM BASED ZONING (Continued) Mr. White advised the Resort Area Strategic Action Plan (RASAP) was adopted in 2008 Mr. White displayed a poster utilized to market the plan. July 2009 — Consultant selected through RFP: Urban Design Associates (UDA) September Zoog — UDA and Staff commence work December 3.o and 3.3., 2009 —Work sessions, stakeholder meetings, Advisory Committee Meeting, and Public Workshop First half 203.0 — Staff presentations to Planning Commission, City Council, and various groups on "Form -Based soi" First half 203.0 — UDA and Staff develop first working draft (dated June 28, 203.0) August 3.8 and 3.9, 203.0 —UDA, Staff, NAS Oceana representatives, and Advisory Committee meet to discuss comments on Working Draft and Outstanding Issues Mr. White displayed the "Working Draft" of the Oceanfront Resort District Form -Based Code • August 2010 —Working Draft provided to volunteers in the development and design professions for review and comment. • June 2010 to January 2011— Staff meetings with UDA, stakeholders, NAS Oceana representatives, and Federal government representatives to discuss and resolve issues critical to achievement of the vision provided in RASAP and to the success of the Form - Based Code (residential density and building height, for example). January 18, 2011 M CITYMANAGER `S BRIEFING FORM BASED ZONING (Continued) January3.o and 3.3., 2013. — Staff conducts "Roundtable Sessions" with representatives of business, development, design, legal, and residential communities to discuss Form -Based Code issues January3.8, 2011 —City Council Briefing February 203.1— Public Draft is released. January through April 3.6, 2011 — Staff presentations, public discussion, and public input through roundtables, open houses, presentations to civic groups and RAC committees, Web updates, and Facebook. April 8 to April 22, 203.3. — Staff makes any changes necessary as a result of public meetings. April through June 2011 — Planning Commission and City Council briefings, workshops, public comment meetings, and public hearings. June 203.3.—Adoption. January 18, 2011 M PLANNING ITEMS PENDING 4:50 P.M. Jack Whitney, Director — Planning, detailed the Planning items to be heard by City Council on February 8, and 22, 2011. Detailed items are hereby made apart of these proceedings: February 8, 2011 Military Aviation Museum —Roadside Guide Signs GMJInvestments, LLC. Robert Nelson and Barbara Gray CVB - Bars and Night Clubs Tailwinds Development February 22, 2011 James and Carol Skarbek CVB - Parking Amendments CVB - Landscape Guide Paul Filion Karen and Keith O'Neil Susan and John Ross Church of Christ Faith for Deliverance Tidewater 7'h Day Adventist January 18, 2011 1/18/2011 e-ae GMJ Investments, LLC )y' i 62 e f v r w"Xw.:.w.«w. cuv io. c��.s••..a um..niao-nmm. Relevant Information • The applicant requests Modification of a Conditiosial Change of Zoning approved by City Council on April Z3, 1991 and a Conditional Use Permit for a college. • The modification is to amend the proffer agreement to include colleges and universities, public or private as permitted use and /or within 100 feet of a residential or apartment district. • The modification will also allow th, , aalignment of the boundaries of properties at 300 Centre Pointe Drive (Avis ) and 301 Centre Pointe Drive. JT -7- #34 n% y�-.�uu K•`�'�y` Y-rx e�vf�'rt� fir' Y � k Evaluation and Recommendation • Planning Staff recommended approval with conditions. • Planning Commission recommended approval (11-0). • There was no opposition. ' fJ Relevant Information • The applicant is requesting a Modification of a Conditional Use Permit for boat storage facility and commercial marina approved by City Council November 1997. • The modification is to the condition that limits the types of watercraft that can be launched into the North Landing River. Evaluation and Recommendation • Planning Staff recommended denial of this request. • Planning Commission recommended approval (10-1). • There was no opposition to the request. Evaluation and Recommendation • This amendment clarifies the intent of the ordinance regulating bars and nightclubs. • Planning Staff recommended approval. • Planning Commission recommended approval (11-0). • There was no opposition to the request. Relevant Information • The applicant is proposing to conditionally rezone the existing PD -H1 Planned Unit Development to 0-2 Office and develop the site with a 74,370 SF office building. • A 3 -story building modern in design with exterior materials of glass, brick and exterior insulation finish system is proposed. • This proposal depicts the required street frontage landscaping, and interior coverage landscaping for the parking lot. • A 20 -foot landscape buffer with additional separation of the building from the residential has been provided. i a Ai ._ 4 G qw� E\ t • C iw I �r u k Evaluation and Recommendation • Planning Staff recommended approval. • Planning Commission recommended approval (11-0). • There was no opposition. February 22nd Items James & Carol Skarbek • CVB—Parking Amendments • CVB — Landscape Guide • Paul Filion • Karen & Keith O'Neil • Susan & John Ross • Church of Christ • Faith for Deliverance • Tidewater 71h Day Adventist Relevant Information • The applicants request a discontinuance, closure and abandonment of a 7.5 foot wide portion of an unimproved alley located at the rear of property line of 808 Surfside Avenue in Croatan. • The applicants propose to incorporate this portion of the alley into their adjoining single family residential lot. 1/18/2011 MEN{{ A-P,{L,L A.6 - 0.-1:AItL' d "1711 C. QIML -7 VANDERBILT AVENUE (80' R 1-1 A.F- -.A BEACN 1/18/2011 CROATA.N.BEACH •:f -7 VANDERBILT AVENUE (80' R 1-1 A.F- -.A BEACN 1/18/2011 Relevant Information Three churches are located within an existing 9,000 square foot office building and are requesting Conditional Use Permits for religious uses. Two churches, Church of Christ and Faith for Deliverance, meet for services on Sundays and classes in the evenings. One church, Tidewater7t" Adventist, has services on Saturday and classes in the evening. This site has only 22 parking spaces which is sufficient for the Sunday services and evening classes. Staff recommended a condition which states that the applicant of the church which meets for Saturday services must obtain and maintain written permission to use a minimum of eight off-site parking spaces from adjacent properties. The applicant of the church which meets on Saturday has provided a letter. i 1/18/2011 -10 - VICE MAYOR COMMENTS 5:01 P.M. Vice Mayor Jones distributed his correspondence re the Schools Revenue Sharing Formula. Vice Mayor Jones, in December, requested information concerning different balances in the Virginia Beach School's Division Budget. In view of the fact, there will be a Joint Meeting Friday morning with the Virginia Beach City Council and School Board; he believes it important to present his information to City Council: "In closing it is my hope that the City Council will direct the City Manager in his preparation of the FY 2012 Budget recommendation to adjust the City/School Revenue Sharing Formula to 50% for the City and 50% for Public Schools. I believe this can be done while maintaining the Schools' primary goal of avoiding impacts to our students and their learning." Said letter is hereby made apart of the proceedings. January 18, 2011 City of Virginia Beach s r` uR a1R IN a LOUIS R. JONES VICE MAYOR January 18, 2011 The Honorable Mayor William D. Sessoms, Jr. and Members of City Council Subject: Virginia Beach City Public Schools Revenue Sharing Formula Dear Mayor and Council Members: PHONE: (75'17 589-0177 FAX: (757) 586-4858 For the last two years our City has had to contend with shrinking revenues due to the recession. This circumstance has forced the City Council to make significant service and employee reductions. In an effort to avoid even more disastrous cuts, the Council has had to use excess reserve funds from the City's Special School Reserve Fund to balance the Budget. This last minute removal of $8.8 Million from the excess City School Reserve Fund has created quite the firestorm. It is my hope to avoid such an eleventh hour action this coming Budget cycle. According to our Revenue Sharing Policy, in advance of the Superintendent of Schools preparation of his Statement of Needs, the City Council has the requirement to advise the School Board of any adjustments to the Revenue Sharing Formula so that the School Administration can factor them into their budget preparation. On November 30, the Mayor, City Manager and I, in my capacity as Vice Mayor, met with the Chairman of the School Board, the Vice Chairman and the Schools Superintendent. At that meeting they requested to know what adjustments we were considering making to the Revenue Formula. It was evident from their comments they are comfortable with their level of funding. Also at that meeting, those of us on the City side raised the issue of increasing fund balances within school special funds. At the end of Fiscal Year 2010, the Public Schools reverted $17.7 Million. It is my opinion they should have reverted over $40 Million. It is also my opinion they did not revert the full $40 Million because that action would have immediately caused the City Council to have taken notice and be deeply concerned. The City had just finished eliminating 170 full time positions and the public services those positions provided. Simultaneously for the approved FY 2011 Budget, the Public Schools had minimal cuts to services; in fact they were able to expand grant programs with ARRA funding. To have revealed such excessive funds would have nullified any argument on their part that reducing the School Reserve Fund would hurt the education of our children in Virginia Beach. 1008 WITCH POINT TRAIL, VIRGINIA BEACH, VA 23455.5845 Mayor and Members of City Council January 18, 2011 VBCPS Revenue Sharing Formula Page 2 Instead of revealing the excess funds, in the waning weeks of the fiscal year the School Administration transferred $14.5 Million into several special accounts that had already been holding sizeable fund balances. I believe that because the School Administration had not been challenged about these excess fund balances in the past, they felt safe in placing additional excess funds in these special fund accounts as opposed to reverting them to the City Council's General Fund at year end. The City Council created a City Special School Reserve Fund for Public Schools to have a `rainy day' Reserve. That Reserve by City Ordinance is authorized to contain up to 2% of their locally provided operating funds. The City Council appropriated to that Reserve the full amount allowed by the Ordinance in November 2010. The Reserve account currently posts a $13.4 Million fund balance. To my recollection, it was never the intention of City Council to allow Public Schools to maintain additional `rainy day' fund balances in other special funds. According to State Law, it is the responsibility of Schools to revert all unused local funds back to the City's General Fund so that the City Council can conduct a comprehensive assessment of community needs and make the appropriate fiscal decisions of taxpayer resources. The School Administration's last minute transfers of $5 Million to the Text Book Fund, $7 Million to the Instructional Technology Fund, and $2.5 Million to the Risk Management Fund should have otherwise been added to the $17.7 Million reversion they declared. At first glance these individual transfers seem small until you grasp the magnitude of the total of those three Special Fund Balances. Combined, these three funds are maintaining a balance of $54.6 Million. When you add those three funds total to the City's Special School Reserve Fund, you have a total fund balance of $75.2 Million of money sitting there. After the Mayor, City Manager and I met with the Superintendent, Chairman and Vice - Chairman in November, the School Administration immediately devised a spend -down plan for the fund balances; most likely because they have come under scrutiny with the publishing of the FY 2010 CAFR. To our knowledge, no policies and spending plans existed prior to our December meeting when they were confronted about their movement of operating resources into Special Funds. Add to this the School Administrations recent discussion with the School Board regarding their unwritten, unapproved policy to maintain 400% of the actuarial recommended cash to liability balance in their Risk Management Fund. The fiscally prudent and financially accepted actuarial reserve calculation exists to protect taxpayers from overpaying taxes to create outrageous fund balances. The School's required $6.1 Million Risk Management Fund has now ballooned to over $26 Million. That amount is $20 Million in excess of the actuarial requirements. City Departments continue to be challenged by increasing calls for service and citizen expectations. On the other hand, the School System has had shrinking enrollment. The City faces another year of sizeable budget cuts and just like last year the City Manager Mayor and Members of City Council January 18, 2011 VBCPS Revenue Sharing Formula Page 3 will once again be forced to restrict last minute spending in order to reduce the cuts he may have to make in the upcoming budget. The Schools on the other hand appear to have unrestricted funds and, as such, their last minute FY2010 encumbrances represent an end of year spending spree. It appears that an additional $10 Million in operating funds should have also been reverted but were not. What we were told would happen with our Five Year Forecast is occurring. My understanding is that the prediction of a 3% reduction in the FY2012 real estate assessment will, in fact, happen. This reality means the City faces a $19 Million deficit in the coming year and if we on City Council support eliminating the Machinery and Tools Tax that deficit will exceed $21 Million. In FY2016, at the end of the Five Year Forecast, the City will have to deal with a $50 Million shortfall. On the other hand, the Public Schools will enjoy a $20 Million surplus and continued fund balances. At the January 4 School Workshop meeting, the Superintendent established their FY2012 budget goals. They are simple as there are only two. The first goal is to avoid impacting students and learning. The current level of excessive funding to the Public Schools provides ample evidence learning will not be negatively impacted. The School's second FY2012 goal is compensation increases for employees. Why wouldn't they be willing to give compensation increases to employees? With over $75 Million in fund balances and an additional $14.5 Million in FY2011 Federal Education Jobs Program Funding, the Schools have amassed $90 Million in excess funds available for compensation increases. Contrast the Schools position with that of the City. The City had to eliminate 170 positions last year and is facing the prospect of cutting an additional 140 positions in the FY2012 budget. These are cuts to citizen services so that the Public Schools can continue to accumulate excessive taxpayer funding. These excessive funds have been created because we on City Council have been afraid to tackle the difficulty of adjusting the City/School Revenue Sharing Formula. Our fear of the Schools Administration's accusation that we are putting our children's education at risk has prevented us from seeing that they are engaged in a strategy to preserve and increase these excessive funds. As this City's Taxing Authority, we have the responsibility to receive back all unexpended funds and then determine how best to allocate and meet the expectations of taxpayer citizens. My observation is that had the Schools reverted the $40 Million (Plus) at the end of last year, we would have clearly recognized the Revenue Sharing Formula should be adjusted. There is quantifiable justification to flip the percentages to restore the City services and still enable the Virginia Beach Public Schools to meet their education mission requirements without negative impacts to our students and learning. Mayor and Members of City Council January 18, 2011 VBCPS Revenue Sharing Formula Page 4 Taking such action would still make Virginia Beach the regional leader in education funding. Providing 51% to the City and 49% to the Schools appears justified in that we have for many years overly sacrificed investment in Public Safety, the sustainment of our infrastructure, reductions to equipment and fleet replacement, and the elimination of our technology program. However, in order to be overly fair, I will soften this request to my fellow Council Members and ask that you support an adjustment to the Revenue Sharing Formula for FY2012 in finding a balance for the City of 50% and 50% for the Public Schools. This change to 50/50 will move $9 Million from Schools back to the City and will assist us in reducing our impending FY2012 deficit. The excessive balance in various Schools fund balances combined with the Federal Jobs Funds will enable the Schools to absorb this adjustment for at least the next seven years, if not ten years. I caution the Council, that even with this Formula adjustment the Schools still have the wherewithal to provide compensation increases. While on the other hand, the City side of the ledger is still faced with service cuts and personnel reductions. We must serve notice to the School Administration that use of fund balances requires City Council approval. I further request that the City Attorney research and provide an opinion regarding this issue and deliver that opinion at the City Council Retreat of January 21 and January 22. In closing it is my hope that the City Council will direct the City Manager in his preparation of the FY2012 Budget Recommendation to adjust the City/School Revenue Sharing Formula to 50% for the City and 50% for Public Schools. I believe this can be done while maintaining the Schools primary goal of avoiding impacts to our students and their learning. Sincerely, 1,24 Louis R. Jon Vice Mayor LRJ/ c: Daniel D. Edwards, School Board Chairman William J. "Bill' Brunke, IV, School Board Vice Chairman James K. Spore, City Manager Dr. James G. Merrill, Superintendent of Schools -11 - ADJOURNMENT Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 5:22 P.M. Beverly O. ooks, CMC Chief Deputy City Clerk _,4th Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia January 18, 2011