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]

Congrats!
Cape Story by the Sea WON the Virginia Beach Council of Civic Organizations (VBCCO) Community Action Award at the annual banquet Saturday, March 14, 2009.  The award was presented by VBCCO president Sam Reid and Congressman Glenn Nye.
  The Community Action Award is presented to communities that have demonstrated exemplary service or innovation in their efforts to better serve their communities.  Examples include development of programs, recruitment of new members, increasing member participation or volunteerism, promoting community spirit, or improving the community.
  Cape Story submitted the CSBTS HOLIDAY SPIRIT EVENTS: Santa in the Park, Holiday giving—sponsoring of two families and other neighbors and toys for tots, Holiday Lighting Awards, Stumbling and Mumbling Carolers.
Receiving the Award were Marck Weiss, Matt Angelo, Tracy and Ginnie Stover,  David and Diana Albis, Jim and Regina Wallace, Empsy Munden (absent: Nancy Snyder and Todd Solomon). 
This Award is for ALL OF YOU who live in Cape Story by the Sea and share in our community spirit and events. Please KNOW that YOUR efforts are recognized and appreciated!
    Pictures to follow and THANK YOU for HOLIDAY and Community Spirit.           
Empsy Munden, Pres. CSBTS

The following questions and answers were taken by Todd Solomon, SDCC Secretary, at the last SDCC general meeting program.

#1 – Will the weight limit of the current Lesner Bridge be reduced?  Jim Wood – No reduction is planned in the next 5 years.  But a reduction after that will be most likely.  There may be Dept of Defense money that can help with repairs and funding of the new bridge since Fort Story uses it.

Question #2 – Will the purchase price of the Norfolk Southern right of way change based on the City’s $8 million appraisal versus the NS $40 million? Louis Jones – VB appraises the potential of the actual land.  NS estimates based on adjacent property even though a business wouldn’t fit on the property.  Plan currently is for VB to pay $10 mil, State to pay $20 mil, HRT to pay $5 mil and VEPCO to pay $5 mil for easements.  If State doesn’t come up with money, VB will condemn instead of a quick take approach.  Does NS pay property tax?  Not sure.

Question #3 – What is the status of the Cape Henry Beach Sand Replenishment project? Jim Wood – The Army Corps of Engineers has the City’s letter of claimed ownership and is working to place the sand from the 2009/2010 dredging on this site.  The work may not occur until 2010/2011 due to budget issues.  Some property owners have filed lawsuits against the City based on eminent domain issues.

Question #4 – It appears that air and noise pollution will be an issue for 3556 on the Bay owners if the new Lesner Bridge northern alignment is chosen.  Is an impact study being performed to address this? Louis Jones – No decision has been made on the final alignment.  City Council recommendation is for the southern alignment and to place the power lines under the river.

Question #5 – Is there any stimulus money that could be used for utilities instead of road improvements and could it be used toward the Shore Drive projects? Louis Jones – There is $17.6 million in storm water improvement funding which is being paid for by 3 years of storm water rate increases.  No stimulus money for storm water, sewer or fiber optics.

Question #6 – Is the rumor true that the Sandlers will only make good on their $5 million donation for the performing arts center if they get approval for their Indigo Dunes project? Jim Wood & Louis Jones – No truth to that rumor what so ever.

Question #7 – Can any of the storm water fee increase be used to for Chesapeake Bay improvements? Louis Jones – Storm water money can only be used for functions listed in the approved guidelines.  Some functions may be helpful to the environment and in turn help the Bay.

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.

Question #9 – What is the status of the dredge transfer station?  Jim Wood – The Lynnhaven Boat Ramp site is not being pursued.  A small amount of land has to be obtained from the school off of VB Blvd., but use of the VB Blvd. location is moving ahead.

From Cape Story’s Neighborhood Watch liaison Regina:

With nice weather approaching, here are a few suggestions for keeping you and your property safe.

Please lock your houses and cars and do not leave valuables in your yards and cars.  The Crime Prevention Office offers free home inspections and will offer tips on lighting and shrubbery placement/trimming to prevent break-ins.  They also do assessments for business owners.

Record serial numbers for GPS’s, laptops, etc.  If stolen, they cannot be traced or recovered without a serial number.  These are the especially “hot” items being taken from cars.

Shred personal papers, credit cards and applications to prevent identity theft.  One of our residents recently threw a credit card application in the recycling bin and received phone calls that someone was trying to use her credit card.

Be aware of your surroundings and report any suspicious behavior to the police.  If you have a car remote key, use the panic button if you see anyone around your home or car.

All solicitors are required to have a city-issued permit and you can ask to see it if there is any doubt.  If no permit and you suspect suspicious behavior, call the police.  Just recently, two solicitors were asked by the police to leave our neighborhood due to no permit.

The Citizens Advisory Committee (CAC) meets on the second Wednesday of each month.  They have representatives from many City Departments giving reports and answering questions.  Everyone is invited to attend.  Here are a few highlights from this past Wednesday night:

An arrest was made in the wheel thefts that occurred along the Shore Drive area and including our neighborhood.

There have been 18 commercial burglaries in the Hilltop/Great Neck area.  Some arrests have been made and more likely soon.

In one neighborhood in the Shore Drive area, there were 20 auto break ins and all 20 cars were left unlocked.

Gang-related graffiti has been showing up at the Oceanfront.  Police advised that parents be aware of gang symbols and watch their children’s school notebooks, etc.  The Code Enforcement Department will remove graffiti from private and City property.

Finally, do not take a prostitute home with you.  Someone did and she came back later and robbed his house.  Advice from the police – take her to a hotel.

Have a safe summer. 

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 Cape Story neighborhood watch:

On Monday night, Mar. 9, two bikes were stolen from the front yard of a house in the 2200 block of Oak Street, a short distance from the bike path.  Both are Columbia beach cruisers, one pink and one black and tan, 2 years old.  Please call 695-4562 if spotted or found.

Have a neighborhood watch?
Add Tim or Todd to your email list to have your alerts posted at SDCC.info.
Their email addresses are on our Contact page.

> The following was received this morning from a CHS resident.
>
> Eight year old black female Doberman lost on March 8th near Kendall Street
> Dog is skiddish however will answer to her name “Aspen” if called
> Is wearing tags
> Call 641 7841
> Reward $1000
>
> Signs posted
> All authorities notified
> State Park and Ft. Story aware

Previously about Aspen.

To all concerned,
  Cape Henry Shores Civic Association is again requesting the city to lower the speed limit along Shore Drive from Great Neck to Kendall, put in a traffic light and a cross walk at Shore Drive and Kendall.  The letter attached contains our position and rationale.  I believe that the city should be more attentive to their residents as they represent us and that the city has to take these safety issues more seriously.  We humbly request your support in these matters.to those who would be interested.

Please distribute

Sincerely,
David Williams

Read Cape Henry Shores Civic Association’s letter to the City.

Delegate Joe Bouchard will be speaking at the March 30, 2009, SDCC meeting.  He will have a special emphasis on environmental issues, but will also address other issues of interest to Shore Drive residents.  As a delegate, he currently serves on the House Science and Technology Committee; the Agriculture, Chesapeake, and Natural Resources Committee; the Governor’s Commission on Climate Change; and the Joint Committee on At-Risk Youth.

His efforts on behalf of Hampton Roads include promoting economic development through investment in research and development, high technology industries and the growing green economy, promoting robust growth in trade through the port, improving homeland security and emergency preparedness, and enhancing the effectiveness and efficiency of local governments, particularly their ability to cooperate regionally for the common good and to spend tax dollars more wisely.

Please print this flier and post it in your office.

  And don’t forget to mark your calendar now for the April 27, 2009, SDCC meeting, when Lillie Gilbert of Wild River Outfitters will give us a virtual tour of the Lynnhaven River.  Join us at the usual time and place and discover the secret places of the Lynnhaven and the best places to put in your canoe or kayak.