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HomeMy WebLinkAboutAPRIL 2, 1990 MINUTES "f @i1r"ir-lijEA 13@@@" "WORLD'S LARGEST RESORT CITY" CITY COUNCIL .@YOR MEYEM E O.ERN@@, l@ @ICE AYO. @OM@l @ l@WRE@, li,i.i. ]OH, 1, @.U., -@OM @EISC.. - .. -NLEI, I.- -.,l S JO.N I.. PERRY, CITY COUNCIL AGENDA .-I'@ll '@ll E@ 'IRI;Illl @Ell:., IIR.INI. Ci@ April 2, 1990 ITEM 1. COUNCIL COWERENCE SESSION - Conference RDom - 11:00 AM A. EROSION COMMISSION ITEM 11. CITY MANAGER'S BRIEFING - Conference RDorn - 11:30 AM A. LABOR DAY COMMUNITY COORDINATION C" ITTEE Dr. Harrison B. Wilson, GO-Chair Andrew S. Fine, Co-Chair ITEM Ill. CITY COUNCLL CONCERNS - Conference Room - 12: MOON ITEM IV. L U N C H - Conference Row - 12:20 PM ITEM V. INFORMAL SESSION - Conference Roorn - 12:30 PM A. CALL TO ORDER - Vice Mayor Robert E. Fentress, Presiding (Mayor Oberndorf is participating In the "Mayors' Visit to Israel", sponsored by the United States C)onference of %yors) B. ROLL CALL OF CITY COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM VI. FOf7$4AL SESSION - Council Chamber - 2:00 PM A. INVOCATION: Reverend Gerald Quails Glad Tidings Assernbly of God B. PLEDGE OF ALLEGIANGE TO THE FLAG OF THE UNITED STATES OF NABRICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. CERTIFICATION OF E)(ECUTIVE SESSION E. MINUTES 1. INFORMAL & FORMAL SESSIONS - March 26, 1990 F. RESOLUTION 1. Resolution requesting the State Water Control Board to DEW the applicatlon of Surfside at Sandbri@ re VPDES permit to discharge sewage Into Back Bay. G. CONSENT AGENDA All matters listed Lnder the Oonsent Agenda are considered in the ordinary course of bustness by City Council and will be enacted by one motion In the form listed. If an Item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Ordinance, upon FIRST READING, to APPROPRIATE $50,000 to the Courthouse Volunteer Rescue Squad re purchase of an ambulance. 2. Ordinance to TRANSFER $85,000 frorn Project 1-977 Various Window Replacement to Project 1-031 Centerville Elementary School Entrance Relocatlon re construction costs for relocation of the exlsting entrance. 3. LOW BID: ASPHALT ROADS AND Tidewater Community College $347,618.94 MATERIALS COMPANY, INC. Offslte Access Improvernents RDsemont Access Road (CIP 2-081) 4. Resolution to continue full funding and maintain the essential features of the Cormunity Developynent Block Grant Program. 5. Ordinance, upon FIRST READING, to ACCEPRT and APPROPRIATE $4,000 from the Virginia Department of Housing and Community Doyelopment re Finergency Hcxne Repair Grant Program. 6. Ordinance authorizing the Clty Manager to apply for and accept emergency home repair grant funds and to provide matching funds; and, enter Into a Grant Agreement with the Virginia Department of Housing and Community Development. H. UNFINISHED BUSINESS 1. NEW BUSINESS 1. FY 1990-1991 OPERATING BUDGET Aubrey V. Watts, Jr., City Manager 2. CANCEL/RESCHEDULE CITY COUNCIL SESSION Monday, May 28, 1990 (Memorial Day) J. ADJOLRI44ENT CITY COUNCIL SESSION RESCHEDULED APRIL 30, 1990 2iOO PM (Planning Items) RESCHEDULE OF APRIL 9, 1990 "PASSOVER" HOLIDAY (All other Sessions will be In accordance with the City Code) FY 1990-1991 OPERATING BLIDGET APRIL 5, 1990 2:00 PM - 4:00 PM COUNCIL WORKSHOP - SCHOOL BUDGET Council Conference Rc)om APRIL 16, 1990 CITY COUNCIL WORKSHOP - CITY BLIDGET APRIL 19, 1990 7:00 PM PUBLIC HEARING - CITY/SCHOOL BLJDGET Princess Anne High School APRIL 23, 1990 COUNCIL WORKSHOP FY 1990-1991 OPERATING BLJDGET MAY 2, 1990 4:00 PM - 6:00 PM COUNCIL RECONCILIATION WORKSHOP FY 1990-1991 OPERATING BUDGET Council Conference Roorn MAY 7, 1990 2:00 PM PUBLIC HEARING AND FIRST READING APPROPRIATION ORDINANCE FY 1990-1991 OPERATING BLIDGET (Formal City ()Ouncil Sesslon) MAY 14, 1990 2:00 PM SECOND READING AND ADOPTION BY CITY COUNCIL FY 1990-1991 OPERATING BLJDGET (Fonnal City Council Session) 3/29/90 cmd M I N U T E S VIFIGINIA BEACH CITY COUNCIL Virginia Beach, Virginia April 2, 1990 The BRIEFING of the EROSION COMMISSION to the VIRGINIA BEACH CITY COUNCIL was called to order by Vice Mayor Robert E. Fentress in the Conference Room, City Hall, on Monday, April 2, 1990, at 11:00 A.M. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentre8s, Harold Heischober, Reba S. McClanan, John D. Moss, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: (Mayor Meyera E. Oberndorf is participating in the "Mayors' Visit to Israel", sponsored by the United States Conference of Mayors) Barbara B. Henley (ENTERED: 11:05 A.M.) John L. Perry (ENTERED: 11:10 A.M.) - 2 - C I T Y M A N G E R 'S B R I E F I N G EROSION COMMISSION 11:00 A.M. ITEM # 32631 Ernestine K. Middleton, Chairman - EROSION COMMISSION, advised the Commission is composed of seven members: Donald F. Bennis Thomas E. Fraim R. Dean Lee Myles A. Pocta G. Dewey Simmons, Jr. Herbert B. Taylor The City Staff representatives are: Robert B. Matthias Don Williams Carl Thoren Phil Rorers Although a State Agency, there has been an EROSION COMMISSION for Virginia Beach since 1952. The Commission was created by the General Assembly. As the bulk of the financing was derived from the State and the City had grown, it appeared more beneficial to the citizens for the City to be more directly involved and concerned with the Commission. In May 1989, the City Council created the City EROSION COMMISSION and in June, the State abolished their EROSION COMMISSION within the City. The seven members of the EROSION COMMISSION will meet on April 24, 1990, in an intensive workshop. The City Manager will be in attendance. Mrs. Middleton responded to Councilman Balko that in their investigation of "deep sea mining" several years ago, the Erosion Commission determined that the cost was prohibitive. The location of sand is one of the major issues. The borrow pits have nearly been exhausted and the Lynnhaven stock pile has been utilized an average of every other year when this is dredged. Different alternatives and options are being explored and the EROSION COMMISSION is hoping to work directly with the Virginia Port Authority to acquire sand from the channei deepenings. However, it appears the EROSION COMMISSION is going to have to look toward off-shore dredging, but the cost will be astronomical. Robert B. Matthias, Legislative Co-ordinator, advised the cost would be approximately $4.00 to $4.50 a yard dredged and placed on the beach at Sandbridge. Sandbridge is within two to three miles of 10-Million yards of beach quality material with no overburden. You must utilize 1-MILLION to 2- MILLION yards of sand to make dredging worthwhile. Relative cost participation, Mr. Matthias cited if this should fall under the Federal Project 933, the long term project for the Sandbridge Beach would be ocean mining which would require 1-1/2-MILLION yards every five years placed on the beach and involve a 65%/35% split. The City would be responsible for 35% of the $7-MILLION cost every five years. Relative the State cutting of funds, Mr. Matthias advised Virginia Beach received $231,000 last fiscal year and will receive approximately $210,000 to $215,000 this year. The Governor's budget proposed for next year is $180,000 which is a $30,000 cut and may be cut even more. Mrs. Middleton advised the truck haul must be SCHEDULED, so it is always accomplished before Memorial Day. Only 100,000 yards will be hauled this year. The Atlantic Avenue Beautification program has also affected their schedule. The truck haul sites will not be utilized in this area until May First. Vice Mayor Fentress advised there are signs at the location of Sixth and Seventh Streets in the Ocean denoting dangers and indicating the presence of hazards in the ocean. The City Manager will advise Vice Mayor Fentress if the hazards have been removed from the water at Sixth and Seventh Street, as the signs are no longer there. - 3 - C I T Y M A N G E R 'S B R I E F I N G LABOR DAM COM14UNITY COORDINATION COMI'FTEE ITEM # 32632 Andrew Fine, Co-Chair - Labor Day Community Coordination Committee, advised Dr. Harrison B. Wilson, Co-Chair, was unable to attend. Dr. Wilson was meeting with the Governor, as well as other College Presidents this morning in Richmond. The first meeting of the Co-Chairs was held this week. On Wednesday, March 28, 1990, a meeting of all the Members of the Co-ordinating Committee was held at the Social Services Building. Progress reports were received from each Sub- Committee. The Program Sub Committee proposed sending to the 501-C3 non-profit organizations, a listing of the 25 to 30 potential events identified to determine, if there were any expressions of interest among these non-profit groups in terms of sponsoring such events. A letter was forwarded to each of these groups. To accelerate the pace, a WEEKEND RETREAT is SCHEDULED for April 6 and 7, 1990, to hopefully develop a DRAFT for the City's perusal. All Members of City Council are invited to attend. A location and time has not been decided. Dr. Harrison and Mr. Fine had to CANCEL the Daytona, Florida, visit this weekend. Councilwoman McClanan advised the decision of safety and the utilization of police should be the decisions of the City Manager. Safety is not a negotiable item. Pamphlets will be distributed to the various Colleges and Universities and with each application for a room. Reinforcement will be provided by a policy letter citing rules and regulations. A reception will be SCHEDULED. Information will also be disseminated through the media. So the students are fully aware, hotel and motel block rates will be published in the Spring. A crowd of 100,000 is predicted to attend. Mr. Fine advised Councilman Moss hopefully by April Eleventh a DRAFT document can be provided to City Council relative the Labor Day proposals. The area of financing will also be included within the proposals. - 4 - C IT Y C 0 UN C I L C ON C E R N S ITEM # 32633 Vice Mayor Fentress referenced the April 1990 issue of VIRGINIA BUSINESS. Vice Mayor Fentress cited two exceptional articles on local farmers, Steve Barnes and G. W. "Winkie" Henley, as well as Louis Cullipher, Director of the Department of Agriculture, entitled: AG TREK and BRING MADISON AVENUE TO THE FARM. ITEM # 32634 Vice Mayor Fentress referenced the correspondence relative the VIRGINIA MUNICIPAL LEAGUE 1990 POLICY COMMITTEES. BY CONSENSUS, City Council chose to remain as representatives of their same committees: Community and Economic Development Vice Mayor Robert E. Fentress Education Councilwoman Nancy K. Parker Effective Government Councilman John D. Moss Environmental Quality Mayor Meyera E. Oberndorf Human Development Councilman John L. Perry Public Safety Councilwoman Barbara M. Henley Transportation Councilman Harold Heischober ITEM # 32635 Councilman Baum referenced a letter from Melvin E. Atkinson, Jr., Virginia Beach Farmers Extension Agent, which advised a report was forwarded last July related to local corn. Lab work has come back from VPI to confirm his thoughts. A high percentage of aviation fuel was found in the leaf area of the corn. This information leads Mr. Atkinson to believe that aviation jet fuel was the problem. As far as known, it does not adversely affect corn that much, but everyone breathes in this fuel, which also ends up in the soil and thus is an envirorimental problem. Jet Fuel does not need to be spilled anywhere near the shores. - 5 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 32636 Councilman Moss referenced the Draft Copy of the TURN OF THE CENTURY STRATEGIC PLANNING COMMITREE REPORT. Councilman Moss will distribute copies to Members of City Council. All of the suggestions do have dollar implications. One of the areas examined was a longer school year. However, the State does not pay for any days over 180, obviously this would require General Assembly direction. Another strategy examined would be expediting the integration of Computer Technology in the schools. Rather than purchasing all this Capital Equipment, as the technology changes so fast, perhaps a performance contract can be devised with a private vendor providing the equipment and a technical support staff. In three or four years, the system might need updating and the fixed cost would not be involved. Another area would entail more advanced placement courses to enable additional students to participate. Another recommendation is to conduct the IOWA test every year. Students are not placing the emphasis on education necessary. Their priorities are misplaced. Many challenges in the school system exist, which do not involve funding. Councilwoman Henley advised many of the children who dropped out of the school never felt personally encouraged to continue. The situation should not be examined only from a statistical point of view. Councilman Perry concurred, stating in his thirty-eight years in the profession, he knew the name of every student he taught. Councilman Moss requested comments from Members of City Council. Councilman Moss referenced eighty-five (85%) of the students completing high school go forward with some form of additional education. There is a 6.9% drop-out rate. Councilwoman Parker advised with both parents working, we have requested our school systems not only to just teach but to assume other responsibilities. Councilman Heischober advised in the European system and Asiatic, a team of teachers evaluate a students potential in the fifth or sixth grade and determine whether they should be involved in a professional career or a mechanical one. The City is not evaluating the mentality of the students early enough to send them in the right direction. Councilman Moss advised there should be parental involvement with discipline and emphasis on education, as in the Asian Countries. One cannot escape individual accountability. ITEM # 32637 Councilman Baum referenced Borrow Pits and the application of ALOT CORPORATION for a Conditional Use Permit for filling a borrow pit 300 feet more or less northeast of the nor hern terminus of Buyrm Circle (Princess Anne Borough). The staff recommends the Borrow Pit be approximately 10 feet to 10 1/2-feet deep. Councilman Baum had requested the City Staff review the Ordinances related to Stormwater Management, Lake Studies and Borrow Pits prior to the hearing of this application on the Formal Agenda of April 16, 1990. These filled Borrow Pits will last a long time, if deep. If they are relatively shallow, artificial marshes could develop. All of these Borrow Pits will end up with wild life in them, especially fish. The City is far better off with cold water in a deep pond. Councilman Baum requested the basis of this theory. Apparently this was not discussed with the soil scientists. The City Manager will examine. - 6 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 32638 Councilwoman McClanan advised the ADVERTISING SELECTION COMMITTEE met for the first time last week. She was most impressed with the individuals appointed. ITEM 32639 Councilwoman McClanan has requested the City Manager to video tape the ALBEMARLE/PAMLICO REPORT SCHEDULED for April Third. ITEM 32640 Councilwoman McClanan referenced she will sponsor Mrs. Helen Suggs of the Italian Connection under NEW BUSINESS. ITEM 32641 Councilwoman McClanan distributed a copy of the correspondence from Assistant City Attorney Gary Fentress relative Real Estate Tax Exemption for Renovated Structure and a copy of the proposed Ordinance. Said copy is hereby made a part of the record. ITEM # 32642 Councilman Heischober referenced the Resolution requesting the State Water Control Board to DENY the application of Surfside at Sandbridge re VPDES permit to discharge sewage into Back Bay (See Item VI-F.1 of the Formal Agenda). Councilman Heischober requested said Resolution be revised. A revised Resolution incorporating the suggestions of Councilman Heischober will be presented during the Formal Session of City Council. The City will not make available any public rights-of-way or easements. Connection to a public system would be entirely at the applicants cost. In the event of administrative approval by the State Water Control Board, the City Council fully intends to pursue Judicial Review. ITEM # 32643 Councilman Perry advised conferring with Social Services reference Peggy Bolanos who requested being sponsored to speak again, (ITEN # 32614 - City Council Meeting of March 26, 1990). Councilman Perry believed the City Council should not be subjected to such tirades and would not sponsor her to speak. - 7 - IT EMS OF T HE C IT Y MANA GE R TTEM # 32644 Hector Rivera, Assistant City Manager for Analysis and Evaluation, reiterated information relative the demolition of Cyprus Gardens on March Twenty-ninth. Their were numerous staff members present plus individuals of the private sector: i.e., Dr. Daniel Stone and Dick Powell. From a health point of view, this structure was not fit for human ha@itation. The majority of the "so- called" children were not under eighteen years of age. Of the fifteen arrested because of the demonstration, only two were juveniles and two were female. Mr. Rivera was informed approximately sixty (60) "so-called" children are expected to camp in his office today, April 5, 1990, with approximately thirty-five (35) attending City Council. The police department handled the situation exceptionally. The Homeless Coalition, conducted by Father Dale and Alyce Taylor, will also be in attendance during the Council Session to assist in providing guidance as well as various options. - 8 - ITEM # 32645 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Vice Mayor Robert E. Fentress in the Conference Room, City Hal I Building, on Monday, April 2, 1990, at 12:45 P.M. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry and Wliffam D. Sessoms, Jr. Council Members Absent: Mayor Meyera E. Oberndorf - 9 - ITEM # 32646 Vice Mayor Robert E. Fentress entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1- PERSONNEL MATTERS: Discussion, consideration or intervie,s of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees or employees pursuant to Section 2.1-344(A) (1). 2. PUBLICLY HELD pRopERTY: DiSCUSSiOn or consideration of the condition, acquisition or use Of real property for public purpose, or of the disposition of publicly held property, or of the plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A) (3). (1) To Wit: School Site Acquisition: West Kempsville High School. 3. LEGAL MATRERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344 (A) (7). Actual or probable litigation or other specific legal matters are the following: (1) Virginia Land Investment Association No. 1 v City of Virginia Beach (2) Sandbridge Development Company v City of Virginia Beach (3) TCM Associates/William Teachey, et al v. City of Virginia Beach Upon motion by Councilman Heischober, seconded by Councilman Sessoms, City Council voted to proceed into EXECUTIVE SESSION. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Councii Members Voting Nay: None Council Members Absent: John A. Baum and Mayor Meyera E. Oberndorf - 10 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL April 2, 1990 2:00 P.M. Vice Mayor Robert E. Fentress called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL In the Council Chambers, City Hall Building, on Monday, April 2, 1990, at 2:00 P.M. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McC[anan, John D. Moss, Nancy K. Parker, John L. Perry and Wilifam D. Sessoms, Jr. Council Members Absent: (Mayor Oberndorf is participating in the "Mayors' Visit to Israel". sponsored by the United States Conference of Mayors) INVOCATION: Vice r4ayor Robert E. Fentress PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Item VI-D.l. CERTIFICATION OF EXECUTIVE SESSION ITEM # 32647 Upon motion by Councilman Baum, seconded by Cuncilman Sessoms, City Council ADOPTED: CERTIFICATION OF EXECUTIVE SESSION Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were ldentiffed in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf CERTIFICATION OF EXECUTIVE SESSION WHEREAS: The Virginia Beach City Council convened into EXEGUTIVE SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. MOTION; Upon motion by Councilman Heischober, seconded by Councilman Sessoms, City Council voted to proceed into EXECUTIVE SESSION to consider: 1. PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for eufployment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees or employees pursuant to Section 2.1-344(A) (1). 2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly held property, or of the plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A) (3). (1) To Wit: Site Acquisition: West Kempsville High School Stadium. 3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344 (A) (7).Actual or probable litigation or other specific legal matters are the following: (1) Virginia Land Investment Association No. 1 v City of Virginia Beach (2) Sandbridge Development Company v City of Virginia Beach (3) TCM Associates/William Teachey, et al v. City of Virginia Beach VOTE: 9-0 Council Members Voting AYE: Council Members Voting NAY: Albert W. Balko, Vice Mayor Robert E. Fentress, None Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. 14oss, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members ABSTATNING: Council Members ABSENT for the Vote: None John A. Baum and Mayor Meyera E. Oberndorf Council Members ABSENT for the Meeting: Mayor Meyera E. Oberndorf Wth Hodges @ith, CMC/AAE April 2, 1990 - 12 - Item VI-E.I. MINUTES ITEM # 32648 Upon motion by Councilman Baum, seconded by Councilwoman Parker, City Council APPROVED the MINUTES of the INFORMAL AND FORf4AL SESSIONS of March 26, iggo, with the following AMENDMENTS: ITEM # 32612, Page 17: Resolution directing the Planning Commission to consider and make its reconimendations re: Proposed adoption Of a tree planting, preservation and replacement Ordi.ance for Residential Subdivisions; Amendment to the parking lot landscaping Ordinance; Specifications and standards for planting; Amendment to Section 203 of the City Zoning Ordinance re off-street parking requirements. Modification of certain development regulations. Exhibit A of the Draft Parking Lot and Foundation Landscaping Specifications and Standards, Page 1, Line 20, shall read '2 to 2-1/2 inch calipers', instead of '2-1/2 to 3 inch calipers'. Article 2, Section 203, Ordinance re Off-street Parking, Page 3, Number (29), shall read 'at least one (1) space per two hundred seventy (270) square feet of floor area', instead of 'one (1) space per two hundred fifty (250) square feet of floor area. Councilwoman Parker advised of corrections to the news article relative the Virginia Beach Sister Cities Association (ITEM #32610, Page 15). The article reflected Councilwoman Parker as sponsoring the delegation from Japan. Pat Bridges and Dr. Hiro Hamada should receive the credit. Councilwoman Parker advised she served as Recording Secretary last year. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf - 13 - Item VI-F.I. RESOLUTION ITEM # 32649 Herb Taylor, 3325 Sandpiper, Phone: 426-7286, represented the Sandbridge Civic League Board of Directors and the Council of Civic Organizations and spoke in favor of the Resolution Upon motion by Councilman Heischober, seconded by Councilman Sessoms, City Council ADOPTED, AS REVISED: Resolution requesting the State Water Control Board to DENY the application of Surfside at Sandbridge re VPDES permit to discharge sewage into Back Bay. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf 1 A RESOLUTION REQUESTING THE STATE 2 WATER CONTROL BOARD TO DENY THE 3 APPLICATION OF SURFSIDE AT SANDBRIDGE FOR 4 A CERTIFICATE TO DISCHARGE SEWAGE 5 INTO BACK BAY 6 WHEREAS, Surfside at Sandbridge, a recreational 7 campground located in the City of Virginia Beach, has made 8 application to the State Water Control Board for a VPDES permit 9 authorizing the discharge of sewage into state waters; and 10 WHEREAS, if the said application is approved, Surfside 11 at Sandbridge intends to construct a private sewage treatment 12 facility which would discharge into Back Bay; and 13 WHEREAS, private sewage treatment facilities within the 14 City of Virginia Beach have proven to be unreliable, in that they 15 have been prone to malfunction and failure, thereby causing damage 16 to the enviroriment and the expenditure of substantial sums of 17 public funds; and 18 WHEREAS, the construction of the proposed sewage 19 treatment facility at Surfside at Sandbridge presents a serious 20 potential for grave environmental harm to Back Bay; and 21 WHEREAS, Back Bay is of unique and incalculable 22 ecological, envirorimental and recreational value to the citizens 23 of, and visitors to, the City of Virginia Beach; and 24 WHEREAS, Back Bay is an integral component of the larger 25 Albemarle-Pamlico Estuary, the second largest estuary in the United 26 States; and 27 WHEREAS, by reason of natural conditions, Back Bay is 28 environmentally fragile and extremely susceptible to degradation 29 of the quality of its waters, and most susceptible to such 30 degradation during the months of peak use of the proposed sewage 31 treatment facility; and 32 WHEREAS, present state law and local authority do not 33 provide adequate means for ensuring that the proposed sewage 3 4 treatment facility will not malfunction and thereby discharge 35 untreated effluent into the waters of Back Bay; and 36 WHEREAS, the public interest in maintaining the ambient 37 water quality of Back Bay, and in eliminating the possibility of 38 discharges of pollutants into Back Bay, outweighs the limited 39 benefits, if any, to owners of camping sites at Surfside at 40 Sandbridge resulting from construction of the proposed sewage 41 treatment facility; 42 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 43 OF VIRGINIA BEACH, VIRGINIA: 44 That the Council of the City of Virginia Beach, Virginia, 45 hereby expresses its unqualified opposition to the application of 46 Surf side at Sandbridge for a VPDES permit authorizing the discharge 47 of sewage into Back Bay; and 48 That the State Water Control Board be, and hereby is, 49 requested to deny the aforesaid application. 50 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 51 VIRGINIA BEACH, VIRGINIA: 52 That if the State Water Control Board approves the 53 Surfside at Sandbridge permit application, be it known that the 54 Council of the City of Virginia Beach, Virginia, will not permit 55 the use of any city right-of-way or easements for the private 56 sewage system, and that at such time as a centralized city sewage 57 service is available, Surfside at Sandbridge shall be required to 58 connect to the City system at no expense to the City; and 59 That in the event of administrative permit approval, it 60 is the City Council's intention to take all proper and necessary 61 measures to appeal the decision of the State Water Control Board. 62 Adopted by the City Council of the City of Virginia 63 Beach, Virginia on the 2 day of April, 1990. 64 WMM/dhh 65 CA-90-3691 66 03/28/90 67 03/29/90 68 04/02/90 69 ordin\noncode\sats.res 2