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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.

A key champion for introducing Asian oysters into the Chesapeake Bay abruptly dropped its campaign Tuesday after eight years, saying it no longer will experiment or lobby for the exotic species, despite years of success.
Read & comment on article at Pilotonline.com.

A small dog was found today, Sat., afternoon at the end of Bayberry St. near the marsh.  Please call Chris,  481-2495 or cell 652-0577 to claim.

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.

From at LRNow:

Hey Friends:
Just in case this is something you’ve thought about trying but haven’t ever gotten around to it:

I’m looking for about 7 folks to help me out on the afternoon of THIS Thursday, March 26th.
It’s answering phones at WHRO’s membership drive.  The non-profit environmental group that I work for (Lynnhaven River NOW:  http://www.lrnow.org) is providing the man (and woman) power for their membership drive from 2 p.m. – 7 p.m. on the 26th.  If you have any time available, even if it’s just for PART of the five hour shift, and would like to help out, send me an email.

It’s located at 5200 Hampton Boulevard in Norfolk, right by ODU.  Here’s a map.

I’ve been told by someone that they provide some nice snacks for the volunteers too.

I am “hitting up” lots of folks who currently volunteer with Lynnhaven River NOW, but just thought I’d ask you all in case anyone would like to pitch in too!

Thank you,
– Laura

From yesterday…

…In addition to opposing those new licenses, the SDCC requested that the VMRC act to change legislation and code to prohibit any future licenses from being acquired off the shores of Virginia Beach. This request was based on the fact that the Virginia Beach shorelines are the most densely populated sections in the City of Virginia Beach and that any new pound nets in these areas will result in the same problems mentioned above.

Read entire VMRC Pound Net Letter [2pg pdf] submitted for the official record.

From Cape Story Neighborhood Watch:

Good news again!!!  The lost Doberman, Aspen, was found and is now at home with her family.  Thanks to all who helped.

Previously.

The following email was received from Jack Travelstead regarding the VMRC hearing time for the pound pole applications.

Yes, the pound net items will be heard after 1 pm on Tuesday and not before. In all likelihood, given the length of the agenda, the items may not be heard before 2pm, but just to be safe, I would say be here by 1 or 1:30.

The Virginia Aquarium has also sent a letter of oppostion to the VMRC.  The letter can be read here.  Aquarium_pound_net_letter_March09.pdf

Finally. Follow us.

We sent it Tuesday March 17th ‘09 at 2:25pm EST.

A Virginia Marine Resources Commission (VMRC) hearing to review these applications is scheduled for Tuesday March 24th 2009.  The applications are listed as agenda items 19 & 20.  See agenda here.

The proposed pound nets would be similar to the ones currently located off the shore of Cape Story by the Sea. 

The proposed net locations are approximately 1500 feet from shore and located in the areas shown on map below.

3 similar nets were proposed on Nov. 25th 2008 off the shore of Cape Story.  These nets were opposed by residents, the Cape Story by the Sea Civic Association and the Virginia Aquarium based on possible impact to residents and increased death of dolphins.  See letters of opposition.  The VMRC staff was apposed to these nets and the VMRC board voted unanimously against these nets.  [See below.]

Excerpt from the 11.25.08 VMRC hearing on pound net application off the shores of Cape Story by the Sea and First Landing State Park below.

Associate Member Robins said when you balance this out he did not think this was in the public interest. He said there was an intense area of conflict there when you consider the amount of recreational traffic here. He said in additional there was the dolphin entanglement, as Associate Member Bowden said it is a significant risk and the entanglement in the gill nets have brought massive restrictions on it. He said he was also surprised that there had been that number of entanglements without additional restrictions on this area. He said that what is there seems to be “grandfathered” and would be foolhardy for the Commission to allow these nets and taking this risk.

Associate Member McConaugha seconded the motion. Commissioner Bowman said the regulation is clear and the Public Trust Doctrine must be considered. The motion to deny the applications carried unanimously.

Read the entire transcript here [pdf]
CSBTS Pound Net Response [pdf]
SDCC’s Pound Net Opposition Letter [pdf]
Public Notice for Pound Net Application [pdf]