Update from Cape Story neighborhood watch [6:08pm 4.19.09]:
Police identify him as 54-year-old Daniel Wayne Hersh of the 2300 block of Windway Lane in Virginia Beach.
From WAVY.com.

Tragic.

From Pilotonline.com:
A bicyclist was killed this morning when he was hit by an S.U.V. while riding on Shore Drive.

From WAVY.com:
WAVY.com has learned that the Ford Explorer, driven by a female, was traveling eastbound on Shore Drive when the right side of her vehicle struck the bicyclist.

From WTKR.com:
At 5:45 am Sunday morning a Ford Explorer traveling east bound on Shore Dr. near the intersection of Starfish Lane struck a bicyclist traveling in the right side of the lane.

From WVEC.com:
The driver of the Ford truck veered to the right and struck the bicyclist. He was transferred to a local hospital where he later died.

At the time of this writing, Police at 385.5000 refused to release additional information on the phone.

Mark your calendars now for the April 27, 2009 meeting, when Lillie Gilbert of Wild River Outfitters takes us on a virtual tour of the Lynnhaven River.

Discover its secret places and the best spots to put in your kayak or canoe.

Ocean Park Volunteer Fire & Rescue Station

(intersection of Shore Drive & East Stratford Rd.)

April 27, 2009

7:30 p.m.

Sponsored by the Shore Drive Community Coalition

Secrets of the Lynnhaven Printable Flier to post. [1pg pdf]

Give a hoot about where your tax dollars are spent?

Virginia Beach City Council will hold two public hearings on the proposed budget for fiscal year 2009-10.
More at VBGov.com.

From Pilotonline.com article:
The highest natural ground in the city is a 30-foot bluff on the south shore of Broad Bay, across the water from First Landing State Park.

It was here, where the Pleistocene-era landform known as the Pungo Ridge crests in today’s Great Neck, that much of the region’s native population lived – and died – before the arrival of Europeans.

From Cape Henry Shores neighborhood watch:
The black dog has found his owner!  Thanks to everyone for passing the word!

From Cape Henry Shores:

A black dog with an orange bandana was found on East Admiral.  The dog has been recently groomed.  If anyone has any info, please call Chuck or Liz at 754-4245.

From Cape Story Neighborhood Watch:
Two cars belonging to a resident in the 2200 block of Walke St were broken into Sat night sometime between 10:00 p.m. 8:00 a.m Sun,  There was about $500 in property stolen (2 ipods, cash, etc).  One iPod is green on front with a surfing “skin” sticker on the back.  The cars are normally kept locked but were not this time.  The police have been notified.

The owner is offering a $500 reward for anyone who identifies the person(s) responsible.  Please call Ken, 248-8526, if you have any information.

Please remember to call 911 if you see a crime in action and call 385-5000, option 1, to report crimes after they have occurred or to report any suspicious activity.

Not for pending provisional permit for Indigo Dunes, but after a 20 year fight, for a permit for King William Reservoir.

Significant case to follow for those involved with Indigo Dunes?

In his ruling yesterday, U.S. District Court Judge Henry H. Kennedy Jr. said the Army Corps “acted arbitrarily and capriciously” when it found that the reservoir was the least damaging practicable alternative. The judge also found arbitrary and capricious the Corps’ conclusion that the permit will not cause or contribute to significant degradation of the waters of the United States and that the permit complies with the public interest.
More at CBF.org.

Latest info[note date on post!] on pending permit with Army Corp of Engineers for Indigo Dunes.

From Editorial in today’s Pilot:
  The editorial board of The Pilot recently wrote that Cape Henry Beach properties in Virginia Beach belong, by deed, to private owners. Yet, amazingly, that same opinion stated that such ownership is a mere technicality regarding private property rights.

  It appears the normally civicminded folks on the board have relied on incomplete information. This is alarming on an issue as important as citizens’ private property rights and a government that uses eminent domain against those rights.

  Our deeds to these Cape Henry beaches, in fact, are unique in the commonwealth, date back to pre-Colonial times and have a documented, historic chain of ownership.

  Our particular property and two other contiguous properties are on a section of the beach that continues to accrete; this part of the beach has   gained 150 feet of beachfront since 1956.

  The owners of these three properties have never requested the city or Army Corps of Engineers to place sand on our beach. We have never requested the city to pick up trash or to provide police patrols for our private beach. We have, in fact, spe   cifically requested several times that the city not trespass on our private property for these publicly funded maintenance efforts. We have not disputed the public’s right to walk along the waterline of the beach, and we have enjoyed harmony and good will among our visitors and guests.

  Our neighboring beach properties to the east need beach erosion protection. Placing the spoils of future Lynnhaven Inlet dredging on those beaches would be cost-effective for the city.

  These facts led our three communities that do not need sand replenishment to offer, at no cost, a renewable construction easement to the city. It would ensure that the Army Corps would have the necessary permissions from private properties to place pipe and equipment on our beaches to deposit sand on   these eastward beaches. This construction easement would facilitate dredging the channel and would provide sand replenishment to those beaches that suffer serious erosion.

  The city, rather than accept our offers to volunteer a renewable construction easement, additionally demanded a “recreational easement” for public use. The city’s attempt to take privately owned property is an infringement on our constitutional rights as private property owners.

  Yes, as you surmise in your editorial, all of us would like to avoid a costly court battle. As homeowners and taxpayers, we couldn’t agree more.

  We would’ve liked to see the city avoid the cost of a private law firm under city contract that has billed $285,475 just from 2003-05 on this specific issue. Additional charges from 2006-09 are $1,066,720.  The City Attorney’s Office states that this represents “a substantial amount of the work done from 2006-2008 related to Cape Henry Beach as well as portions that relate to other beaches as well.”

  Your opinion that taxpayers would be paying for “property owners to benefit from wider beaches in their backyards” is exactly why those of us who are property owners are not requesting such a “benefit.”

  Our specific beach property, for which we have title, is our backyard, is private property, and we are not asking taxpayers to pay for the benefit of a wider beach or for city services.

S.E. Sands, Lisa Koperna, Stan Clark, Edwin Tirona and Jim Bolcar

  Directors Lynnhaven Dunes Condominium Association Virginia Beach

Cape Story neighborhood watch sez:
A pair of glasses were found on the bay side of Oak Street Tues. night, Mar 31.  They are in a brown snakeskin like holder and seem to be bifocal.  Please call Kim LaCroix, 757-481-0002 to claim.

City of Virginia Beach Podcasting

Watch or listen to the very best from VBgov.com whenever and wherever you want!
Want the latest news? Departmental events and information? Podcasting can now be
found on vbgov.com. Podcasting is the latest in on-the-go, on-demand technology.
With podcasting, you can watch or listen to video, programs or events whenever and
wherever you choose.

2009 Winter Crime Newsletter [4pg pdf]

From Darryl, posted with permission:

I listened to both audio feeds from the 3/24 VMRC meeting regarding 4 pound net applications.  All four were unanimously approved by VMRC.

Items 17 thru 19 were also discussed in a brief closed meeting.  The net in item 17 will be only 50’ from the shoreline.  DCR owns the shoreline property and did not provide comment…..they were asked to comment, but did not.  Lights will be marked on the trap and it will be approx. 3/4 mile from the creek.  450+ people signed a petition on behalf of the applicant in approval of the pound net.  Approx. 14 letters/emails were not in approval.

17.  PUBLIC HEARING: William Haynie request to license and locate a pound net in Chesapeake Bay near Hughlett Point.  THE COMMISSION UNANIMOUSLY APPROVED THIS POUND NET APPLICATION.
[Audio Item 17. Link to VMRC MP3 file, audio starts immediately.]

From my understanding of the audio for Items 18 & 19, at least two of the nets, (if not all three) were previously denied in the Fall of 2008.  These were originally located east of Lynnhaven Inlet, but now have been changed to west of the inlet. 

A total of 45 emails/letters were submitted in opposition of items 18 & 19, with 7 in favor.  Delegate Bouchard also sent a letter in opposition.  The Aquarium was opposed due to the nets endangering dolphins and sea turtles.  The Aquarium mentioned if the nets were allowed, they should be fitted with modified leaders to minimize dolphins and turtles from being tangled in the gear.  VMRC said they would wait for the federal government to decide if the nets should be fitted with the modified leaders.  If the fed did not, then they may force them to.  However, VMRC said it would be an all or nothing deal.  Either all the nets along the bay in VA would have the modified leaders, or none of them would….not just these three.  The nets were originally 500 feet from shore, but now have been moved to 1,500 feet from shore.  According to the attached map, it shows the nets starting 500 yards from shore.

A few speakers were in support of the nets, with several others against.  Those organizations speaking against the nets were the Aquarium, OPCL, Chesapeake Beach Civic League and SDCC.

18.  PUBLIC HEARING: Dirk Sanford request to license and locate two pound nets in Chesapeake Bay near the Bay Bridge-Tunnel and Lynnhaven Inlet.  THE COMMISSION UNANIMOUSLY APPROVED THE APPLICATION FOR TWO POUND NETS.
[Audio Item 18 & 19. Link to VMRC MP3 file, audio starts immediately.]

19.  PUBLIC HEARING: Charles Gregory request to license and locate a pound net in Chesapeake Bay near the Bay Bridge-Tunnel and Lynnhaven Inlet.  THE COMMISSION UNANIMOUSLY APPROVED THIS POUND NET APPLICATION.
Darryl

Drawing of location of new pound nets. [added 4.1.09]

According to the Pilot:
The Virginia Aquarium Stranding Response Team will release “Snuffleupagus,” a rehabilitated male harp seal this afternoon from First Landing State Park.

The seal was found March 1 in Sandbridge with a broken jaw and will be released at 2 p.m. today, according to a statement from the Virginia Aquarium & Marine Science Center.

Question #8 – Do you think now is a good time to approach the Sandlers with some type of acquisition plan (cash, land swap, tax deferral, wetland bank creation) for Pleasure House Point (Indigo Dunes)? Louis Jones
– The City has approached the Bank about a possible outright purchase of the property.  The Bank is the current point of contact for the property and the City is discussing a possible all cash purchase of the property.  Whether it would all be maintained as open space or some of it sold off for smaller less dense development, would have to be determined after purchase.

From this Q&A.

Here’s a very brief refresher about the Shore Drive Safety Task Force that was created in late 2005 after an unacceptable number of pedestrian deaths on Shore Drive that year.
Unacceptable is of course one. 2005 had well over that tragic number.

A couple examples of the tangible benefits coming out of the task force were several additional unplanned sidewalks, some signage put up, & far more Police patrols.
We thank everyone who made positive contributions to making Shore Drive safer.

Here’s some additional info.

Background of Shore Drive Safety Task Force at SDCC.info.

The official page at VBgov.com.

A campaign for safety in 2005.
Note: Most of the links in the above page do not work.

Want to learn more since a lot of the internal links on the archived pages above don’t work?
Please use our Search Page.

Staff also recommended that crosswalks can not be installed as speed limit is 45 which apparently is too fast for crosswalks without traffic signals.
You probably remember the average speed of traffic is ~53-54mph on Shore Drive.

Letter from City Manager [2pg pdf] explaining why.

We sent it Friday Mar 27th ‘09 10:16am EST.

If you would like to print this agenda, please click here SDCC_General_Meeting_Agenda_March_30,_2009.pdf

SDCC General Meeting – Monday March 30th, 7:30pm to 9:00pm
Ocean Park Volunteer Rescue Squad Hall (parking in back, on side streets and across Shore Drive)
 
Updates from the Virginia General Assembly – Del. Joe Bouchard will be present to tell us what the Assembly did and didn’t accomplish during the past legislative session.  Del. Bouchard will also hold a question and answer period regarding state and local issues after his presentation.  This is a great opportunity to talk with a very personable state legislator in an intimate setting.

The general agenda for the evening will be:
Officer’s Reports – Brief Reports
Secretary – Todd
Treasurer’s Report – Leslie
Vice President & President – Grace & Steve

Old Business-
Indigo Dunes Project – There has been zero action on any of the joint permit application (JPA) reviews.  The applicant has not asked the State Water Control Board to reschedule it’s hearing of JPA#2.  The Department of Environmental Quality (DEQ) is not acting on the application.  The City of VB is has not set a hearing date for the appeal of JPA#1.  The USACE is has not moved ahead with their review of JPA#2.  SDCC is in discussion with City Council regarding the possibility of the city buying the property from the bank which supposedly has control of the land at this time.  In an effort to help the City find funds to purchase the property, SDCC is asking for volunteers to perform searches for grant funding pertaining to the buying land for open space.
 
Pound Pole Fishing Nets – The Virginia Marine Resource Commission (VMRC) approved 2 permits for a total of 3 new nets west of the Lynnhaven Inlet.  The vote was 6-For, 0-Against, 3-Abstentions.  The board’s decision was based on the location of the nets being 1500 feet from shore and the required use of a modified leader that may help reduce dolphin kills.  5 residents spoke in opposition and 5 members of the fishing industry spoke in favor.  The VMRC received 45 emails of opposition and 7 in support.  The board was not swayed by the possible safety and recreational impact to the community or the possibility of killing more dolphins.  In the end, the rights of the fishermen overruled those of the community.  Possible appeal of the VMRC is being investigated as well as Federal legislative action.  Audio of the hearing can be found listed after Item #18 at VMRC audio minutes
 
Oyster Restoration Project – The Seafood Council of Virginia withdrew their testing and support for non-native Asian oysters.  They stated that based on political road blocks and opposition, the Council will not continue to pursue the introduction of non-natives into the Chesapeake Bay.  This is good news for the local groups (LRNOW, CBF and SDCC) that supported native oyster restoration only.  Now we just have to help secure the necessary funding to continue the progress that LRNOW and CBF have started. 

New Business –
Chick’s Oyster Bar Neighborhood Conflict – SDCC has agreed to serve as a mediator at a meeting between residents, restaurant owners, BAC, city staff and city council.  Issues that need to be discussed are excessive noise from weekend bands playing in the new bar area.  Also issues of crowd control when inebriated patrons are leaving in the early morning hours.  The goal would be to establish a compromise that allows the restaurant to continue to make money and still maintain the quality of life for the adjacent neighbors.
 
Kendall Street – Shore Drive intersection safety issues – Members of Cape Henry Shores have asked the City to install a stop light at this intersection and to reduce the speed limit on Shore Drive from Great Neck Road to First Landing Park from 45 MPH to 35 MPH.  The City Manager has responded with a letter stating that neither suggestion is possible and that no action will be taken to improve safety at this intersection.  What can be done and what action should SDCC pursue on this issue?

Neighborhood Watches – Does you neighborhood have a NW? And if it does, do you have an email distribution list?  SDCC would like all NWs to include SDCC on their emails so we can keep everyone along Shore Drive updated on crime related issues.  Currently Cape Story and Cape Henry Shore participate.  We are in need of neighborhoods west of the Lesner Bridge.
 
Upcoming Meetings of Interest –
• 2009 Civic Engagement Summit – Saturday April 4, 2009 at 8:30am at the Simulation Center in Suffolk.  Sponsored by Hampton Roads Center for Civic Engagement.  Free and open to public.  http://www.hrcce.org to register.
• On the Record with the VB City Council – Wednesday April 8, 2009 at 7:00pm in the VB Meyra Oberndorf (Central) Library.  Sponsored by the VB Council of Civic Organizations.  Free and open to the public. http://vbcco.eventbrite.com

Pound Pole Fishing Nets – The Virginia Marine Resource Commission (VMRC) approved 2 permits for a total of 3 new nets west of the Lynnhaven Inlet.  The vote was 6-For, 0-Against, 3-Abstentions.  The board’s decision was based on the location of the nets being 1500 feet from shore and the required use of a modified leader that may help reduce dolphin kills.  5 residents spoke in opposition and 5 members of the fishing industry spoke in favor.  The VMRC received 45 emails of opposition and 7 in support.  The board was not swayed by the possible safety and recreational impact to the community or the possibility of killing more dolphins.  In the end, the rights of the fishermen overruled those of the community. 

Possible appeal of the VMRC is being investigated as well as Federal legislative action. 

Audio of the hearing can be found listed after Item #18 at VMRC audio minutes

Posted with permission from Mr. Wallace:

—————Original Message—————
From: “Randall F. Wallace”
To: “g_moran@juno.com”
Subject: RE: Re: Chick’s Oyster Bar
Date: Thu, 19 Mar 2009 10:33:44 -0400

Hello Ms Moran,

I have been working with the building code administrator regarding chick’s oyster bar. Currently they are operating under a temporary certificate of occupancy issued by permits and inspections until they complete all of their site work including the parking lot.  I have a letter from the owner of chicks stating they will not have any amplified music until such time as it is approved by zoning and their certificate of occupancy is amended.  They are currently listed as a restaurant. If they wish to become a nightclub/bar as defined in the zoning ordinance they will have to apply for and be granted a conditional use permit.  The owners are aware of this requirement. The fire dept. and the police dept have been notified of the situation and are doing inspections of the property every weekend to insure all city codes are enforced.  I will also be checking to make sure all zoning codes are being followed.  If I can be of any help to you please let me know.

Randall F. Wallace, CZA
Zoning Inspector II
Virginia Beach Planning Dept.
757-385-5069 (office)
757-385-4649 (fax)

This email was posted here as an update to discussions with Chicks Oyster Bar & the surrounding neighbors who have a desire to clamp down on periodic displays of public intoxication, noise, litter, parking issues, etc.
More information to follow.