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OCTOBER 1, 1996 MINUTES <Df @ir-ggirai@ "WORLD'S LARGEST RESORT C@" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR WILLIAM D. SESSOMS, JR., At-Large JOHN A. BAUM, Blackwater Borough LINWOOD O. BRANCH, III, Virginia Beach Borough WILLIAM W. HARRISON, JR., Lynnhaven Borough HAROLD HEISCHOBER, At-Large BARBARA M. HENLEY, Pungo Borough LOUIS R. JONES, Bayside Borough REBA S. McCLANAN, Princess Anne Borough NANCY K. PARKER, At-Large LOUISA M. STRAYHORN, Kempsville Borough JAMES K. SPORE, City Manager CITY COUNCIL AGENDA !Rlli(ll 11 [IRI@F LESLIE L. LILLEY, City Attorney @IRI;INIAI31 1111,@lk';INI 21451,@'ll" RUTH HODGES SMITH, CMC/AAE, City Clerk October 1, 1996 III 427 4111,1 I. AGENDA REVIEW SESSION - Conference Room - 1:30 PM II. CITY COUNCIL CONCERNS III. INFORMAL SESSION - Conference Room - 1:45 PM A. CALL TO ORDER - Mayor Meyers E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION IV. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Talmadge T. Markham, Jr. Charity United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS September 24, 1996 G. ADOPT AGENDA FOR FORMAL SESSION H. CONSENT AGENDA The Consent Agenda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. I. RESOLUTIONS 1. VIRGINIA BEACH DEVELOPNENT AUTHORITY Multifamily Housing Mortgage Revenue Refunding Bonds a. 140 Associates, L.P. $ 4,950,000 b. Tidewater-Oxford Limited Partnership $26,800,000 J. ORDINANCES 1 . Ordinance to APPROPRIATE $1,050,000 from the General Fund Balance: a. Complete City's Streetlight Backlog Program $310,000 b. Establish Schools' CIP ProJect #1-007 $385,000 Technology and Communications Initiative C. Tidewater Community College's acquisition $355,000 of additional computers and equipment 2. Ordinance to APPROPRIATE $10,500 from the Forfeited Asset- Sharing Special Revenue Fund to the FY 1996-1997 Operating Budget to the Commonwealth's Attorney re equipment and training to enhance the Office's law enforcemnt capability. 3. Ordinance to authorize acquisition of property in fee simple for the right-of-way for Viking Drive at Lynnhaven Parkway intersection improvements (CIP #2-285.17) re additional turn lanes including acquisition of temporary and permanent easements, either by agreement or condemnation; and, authorize the City Manager to make a reasonable offer to interested parties. 4. Ordinance to authorize Tax Refunds in the amount of $1,885.86. K. UNFINISHED BUSINESS L. NEW BUSINESS 1. City Council Sessions - a. Reschedule: 22 October 1996 to 29 October 1996 b. Cancel: 5 November 1996 M. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 09/26/96cmd AGENDA\10\01\96.ITM M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia October 1, 1996 Mayor Meyera E. Oberndorf called to order the AGENDA REVIEW SESSION for the VIRGINIA BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, October 1, 1996, at 1:30 P.M. Council Members Present.- John A. Baum, Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf Reba S. McCianan, Nancy K Parker and Trice Mayor William D. Sessoms, Jr. Council Members Absent: Linwood 0. Brancjk III [ON VAC4TION] William W Harrison, Jr. [A7TENDING EVENT HONOPJNG TOY SA VA GE] Louisa M. Strayhorn [ENTERED:EXECUTIVE SESSION 1:43 P.M.] - 2 - CONCERNS OF THE MAYOR 1:30 PM. ITEM # 41268 Mayor Oberndorf advised the beautiful Virginia Beach cups containing candy were a token of appreciation from Henry Ruiz and his Mid Atlantic States Parking Association whom the Mayor welcomed to the City yesterday, September 30, 1996. October 1, 1996 - 3 - AGENDA REVIEW SESSION 1:30 PM. ITEM # 41269 Council Lady McClanan referenced: J.1 Ordinance to APPROPRIATE $1,050,000 from the General Fund Balance: a. Complete City's Streetlight Backlog Program $310,000 b. Establish Schools' CIP Project #1-007 $385,000 Technology and Communications Initiative c. Tidewater Community College's acquisition $355,000 of additional computers and equipment When she visited Plaza Middle School the teacher seemed to have several computers which were not functioning properly and she did not understand the condition. This "Technology and Communications Initiative" is only for high schools. ITEM # 41270 BY CONSENSUS the following shall compose the CONSENT AGENDA: ORDINANCES J1. Ordinance to APPROPRIATE $1,050,000 from the General Fund Balance: a. Complete City's Streetlight Backlog Program $310,000 b. Establish Schools' CIP Project #1-007 $385,000 Technology and Communications Initiative c. Tidewater Community College's acquisition $355,000 of additional computers and equipment J2. Ordinance to APPROPRIATE $10,500 from the Forfeited Asset-Sharing Special Revenue Fund to the FY 1996-1997 Operating Budget to the Commonwealth's Attorney re equipment and training to enhance the Office's law enforcement capability. J3. Ordinance to authorize acquisition of property in fee simple for the right-of-way for Viking Drive at Lynnhaven Parkway intersection improvements (CIP #2-285.17) re additional turn lanes including acquisition of temporary and permanent easements, either by agreement or condemnation; and, authorize the City Manager to make a reasonable offer to interested parties. J4. Ordinance to authorize Tax Refunds in the amount of $1,885.86. October 1, 1996 4 CITY COUNCIL CONCERNS 1:37 P.M. ITEM # 41271 Councilman Baum requested discussion relative the Agricultural Reserve Program. The United States Department of Agriculture has recently made available approximately $30-MILLION nationwide for the implementation of its Farmland Protection Program. Discussion will be during the FORMAL SESSION. ITEM # 41272 Council Lady McClanan inquired when the Golf Committee Report is scheduled for City Council's discussion. The City Manager advised Vice Mayor Sessoms and Councilman Harrison were designated as liaisons and have met with the staff. An RFP will be forwarded within the next week. A Briefing shall be SCHEDULED for the City Council on October 8, 1996. October 1, 1996 - 5 - ITEM # 41273 Mayor Mayera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, October 1, 1996, at 1:40 P.M. Council Members Present.- John A. Baum, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba & McCianan, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: Linwood 0. Branct% III, William W Harrison, Jr. and Louisa M. Strayhom October 1, 1996 6 ITEM # 41274 Mayor Meyera E. Oberndorf 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 purpose: PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of speciflc public offlcers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To-Wit: Appoinonents - Boards and Commissions: Community Services Board 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). To-Wit. Lake Gaston Water Supply Project Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council voted to proceed into EXECUTIVE SESSION. Voting: 8-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba & McCianan, Mayor Meyera E. Obernd6rf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voftng Nay: None Council Members Absent: Linwood 0. Branck III, William W Harrison, Jr and Louisa M. Strayhorn Council Lady Strayhorn entered the EXECUTIVE SESSION at 1:43 P.M. October 1, 1996 - 7 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL October 1, 1996 2:08 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Buildfng, on Tuesday, October 1, 1996, at 2:08 P.M. Council Meinbers Present: John A. Baum, Harold Heischober, Barbara M. Henley, Louis P- Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy X Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. 5trayhorn Council Members Absent: Lin"M 0. Branc/4 III [ON VA CATION] William W. Harrison, Jr [A 7TENDING EVENT YIONORING TOY S4 VA GE] INVOCATION: Reverend Talmadge T. Markham, Jr. Charity United Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA October 1, 1996 8 Itein IV-E. CERTIFICATION OF EXECUTIVE SESSION ITEM # 41160 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. 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 identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Barbara M. Henley, Louis R Jones, Reba & McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhom Council Members Voting Nay: None Council Members Absent: Linwood 0. Branch, III and William W Harrison, Jr. October 1, 1996 Resolution CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 41274 Page No. 6 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. 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. Ruth Hodges Smith, CMC/AAE City Clerk October 1, 1996 9 imm IV-El. MINUTES ITEM # 41276 Upon motion by Council Lady Parker, seconded by Vice Mayor Sessoms, City Council APPROVED, the Minutes of the INFORMAL AND FORMAL SESSIONS of September 24, 1996. Voting: 9-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Barbara M Henley, Louis R Jones, Reba S. McCianan, Mayor Meyera E. Oberndorf, Nancy K- Parker, ;,ice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Meinbers Voting Nay: None Council Members Absent. Linwood 0. Branci% III and William W Harrison, Jr. October 1, 1996 - 10 - Item IV- G. ADOPT AGENDA FOR FORMAL SESSION ITEM # 41277 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION October 1, 1996 IV-Li. RESOLUTION ITEM # 41278 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: VIRGINIA BEACH DEVELOPMENT AUTHORITY Multifamily Housing Mortgage Revenue Refunding Bonds a. 140 Associates, L.P. $ 4,950,000 b. Tidewater-Oxford Limited Partnership $26,800,000 Voting: 9-0 Council Members Voting Aye: John A Baum, Harold Heischober, Barbara M. Henley, Louis P, Jones, R@ & McCianan, Mayor Meyera E. Oberndorf Nancy K Parker, V'zce Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Cowwil Members Voting Nay: None Council Meinbers Absent.- Linwood 0. Branch, III and William W Harrison, Jr. October 1, 1996 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA (140 Associates Project) WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has considered the application of 140 Associates, L.P., a Virginia limited partnership (the "Borrower"), for the issuance of the Authority's First Mortgage Refunding Revenue Bonds in an amount not to exceed $4,950,000 (the "Bonds") to refund all or a portion of the Authority's $4,950,000 Multi-Family Housing Mortgage Refunding Revenue Bonds, Series 1987 (140 Associates, L.P. Project) (the "1987 Bonds"), the proceeds of which were used to refund the Authority's $4,950,000 1985 Residential Rental Housing Revenue Bond (140 Associates, L.P. Facility) (the "1985 Bond"), the proceeds of which were used to make a loan to the Borrower to finance the acquisition, construction, and equipping of a 132-unit multifamily rental housing project known as Ashbrook Apartments located at 205 Silverbrook Drive in the City of Virginia Beach, Virginia (the "Project"), twenty percent (20%) of which is for occupancy by individuals of low or moderate income, and has held a public hearing thereon on September 17, 1996; and WHEREAS, the Authority has recommended that the City Council (the "Council") of the City of Virginia Beach (the "City") approve the refunding of the 1987 Bonds and issuance of the Bonds by the Authority to comply with Section 147(f) of the Internal Revenue Code of 1986, as amended, and proposed final Treasury regulations issued thereunder; and WHEREAS, a record of the public hearing held hereon has been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: 1. The holding of a public hearing with respect to the refunding of the 1987 Bonds and the Project by the Authority at 8:30 a.m. on September 17, 1996 prior to this meeting, at One Columbus Center, Suite 300, Virginia Beach, Virginia, in accordance with the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended, is hereby ratified. 2. The Council approves the refunding of the 1987 Bonds and further approves issuance of the Bonds by the Authority for the benefit of the Borrower, to the extent of and as required by Section 147(f) of the Internal Revenue Code, to permit the Authority to assist in the refunding of the 1987 Bonds. 3. The approval of the issuance of the Bonds, as required by Section 147(f), does not constitute an endorsement of the Bonds or the creditworthiness of the Borrower, and the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged 1 72368 1 therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, nor the Authority shall be pledged thereto. 4. This Resolution shall take effect immediately upon its adoption. Adopted by a majority of a quorum of the City Council of the City of Virginia Beach, Virginia, on _______________, 1996. I certify the foregoing to be a true and correct copy of a resolution adopted by the City Council of the City of Virginia Beach, Virginia, at a regulart meeting held __________________, 1996. Dated: 1996 Clerk, City Council of the City of Virginia Beach ADOPTED: October 1, 1996 APPROVED AS TO LEGAL SU@FICIENC'@@' 1 72368,] 2 EXHIBIT A NOTICE OF PUBLIC HEARING NEWSPAPER AFFIDAVIT (See attached 1 page) 1-72454.[IGRF:LCQ 9/11/96 The Virginian-Pilot State of Virginia City of Norfolk to wit: AFFIDAVIT This day, Lisa Y. Wells personally appeared before me and after being duly sworn made oath that: 1) She is Affidavit Clerk of The Virginian-Pilot, a newspaper published by Landmark Communications, Inc., in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk and Virginia Beach, State of Virginia, 2) That the advertisement hereto annexed of "140 ASSOCIATE" has been published in said newspaper during the following dates: SEPTEMBER 2 & 9, 1996 Legal Affiant Subscribed and sworn to before me in my city and state aforesaid this 11th day of SEPTEMBER, 1996 My commission expires December 31, 1999 U Notary Puolic NOTICE OF PUBLIC HEARING BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY ON PROPOSED REFUNDING REVENUE BOND FINANCING Notice is hereby given that a public hearing will be held before the City of Virginia Beach Development Authority (the "Authority"), on the issuance of its First Mortgage Refunding Revenue Bonds (140 Associates, L.P. Project), Series 1996 (the "Bonds") in an aggregate principal amount not to exceed $4,950,000, pursuant to a plan of financing and the approval of such Bonds by the Authority and by the City Council of the City of Virginia Beach (the "City Council"). The Bonds will be issued pursuant to Chapter 643 of the Acts of Assembly of 1964, as amended (the "Act"), to refund all or a portion of the Authority's $4,950,000 Multi-Family Housing Mortgage Refunding Revenue Bonds, Series 1987 (140 Associates, L.P. Project) (the " 1987 Bonds") the proceeds of which were used to refund the Authority's $4,950,000 1985 Residential Rental Housing Revenue Bond (140 Associates, L P. Facility) (the " 1985 Bond"), the proceeds of which were used to make a loan to 140 Associates L.P., a Virginia limited partnership (the "Bollower"), to finance the acquisition, construction, and equipping of a 132-unit multifamily rental housing project known as Ashbrook Apartments, located at 205 Silverbrook Drive, in the City of Virginia Beach, Virginia 23452 (the "Project"), twenty percent (20%) of which is for occupancy by individuals of low or moderate income. The Borrower plans to construct an additional twenty-four (24) units at the Project. The issuance of the Bonds as requested by the Borrower will not be deemed to constitute a debt or pledge of the faith and credit of the Commonwealth of Virginia, or the City of Virginia Beach, Virginia. Neither the Commonwealth of Virginia nor any political subdivision thereof, including the Authority, nor the City of Virginia Beach, Virginia shall be obligated to pay the 1.71195.IIGRF:LCQ 9/6196 Bonds, or the interest therein, or other costs incident thereto, except from the revenues and moneys pledged therefor, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia, nor any political subdivision thereof, is pledged to the payment of principal of such Bonds or the interest thereon, or other costs incidental thereto. The public hearing, which may be continued or adjourned, will be held at 8:30 a.m. on Tuesday, September 17, 1996 before the Authority at One Columbus Center, Suite 300, Virginia Beach, Virginia. Any persons interested in the issuance of the Bonds or location or nature of the Project, may appear at the hearing and present his or her views and may send written comments before such hearing to: City of Virginia Beach Development Authority, One Columbus Center, Suite 300, Virginia Beach, Virginia 23462. The address and principal place of business of the Borrower is: 140 Associates, 560 Lynnhaven Parkway, Virginia Beach, Virginia THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY BY: Chair= 0 1-71195.1/GRF:LCQ 916/96 2 EXHIBIT B CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY RECORD OF PUBLIC HEARING (140 Associates, L.P. Project) (See attached 2 pages) 1-72454. 1/GRF: [@CQ 9111196 CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY RECORD OF PUBLIC HEARING (140 Associates, L.P. Project) The Chairman of the City of Virginia Beach Development Authority (the "Authority") announced the commencement of a public hearing on the request of 140 Associates, L.P., a Virginia limited partnership (the "Borrower"), and that a notice of the hearing was published once a week for two consecutive weeks in a newspaper having general circulation in the City of Virginia Beach, Virginia, the first publication being not less than 14 days prior to the hearing and the second publication being not more than 21 days prior to the hearing. The Chairman indicated that a copy of the notice and a certificate of publication Of Such notice have been filed with the records of the City Council of the City of Virginia Beach. The following individuals appeared and addressed the Authority: Mr. Guy R. Friddell, III appeared on behalf of the Borrower. Mr. Friddell gave a brief description of the Project (below defined). He explained that this was a refunding of the Authority's $4,950,000 Multi-Family Housing Mortgage Refunding Revenue Bonds, Series of 1987 (140 Associates, L.P. Project), the proceeds of which were used to refund the Authority's $4,950,000 1985 Residential Rental Housing Revenue Bond (140 Associates, L.P. Facility), the proceeds of which were used to finance the acquisition, construction, and equipping of a multifamily rental housing project known as "Ashbrook Apartments" located at 205 Silverbrook Drive, Virginia Beach, Virginia 23462 (the "Project"). He related that the Project was built in 1984/1985 and public approval was given prior to the issuance of the original bond financing in 1985. The approval is being renewed at this time as technically required by the Internal Revenue 1-72454.1/GRF:LCQ 9111/96 Code because the weighted average life of the bonds is being extended. The original benefits of this Project - the provision of safe, attractive and sanitary housing for low to moderate income families within the City of Virginia Beach will continue under the refinancing. The refinancing will preserve and extend the restrictions placed upon the property when the initial bond financing was entered into in 1985, thereby assuring the City of Virginia Beach that the benefits of the income restrictions applicable to these apartments will continue. He closed his remarks by estimating an issuance date for the Bonds of late October, 1996. No other persons appeared to address the Authority, and the Chairman closed the public hearing. The Authority hereby recommends that the City Council of the City of Virginia Beach, Virginia approve the issuance of the proposed financing and hereby transmits the Fiscal Impact Statement to the City Council of the City of Virginia Beach and asks that this recommendation be received at its next regular or special meeting at which this matter can be properly placed on the Council's agenda for hearing. 1-72454.IIGRFil,CQ 9111/96 EXHIBIT C RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY (140 Associates, L.P. Project) (See attached 2 pages) 1-72454.1/GRF;LCQ 9111/96 RESOLUTION OF CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY (140 Associates Project) WHEREAS, there has been presented to the City of Virginia Beach Development Authority (the "Authority") by and on behalf of 140 Associates, a Virginia limited partnership (the "Borrower"), its plans to refinance the $4,950,000 Multi-Family Housing Mortgage Refunding Revenue Bonds, Series 1987 (140 Associates, L.P. Project) (the " 1987 Bonds"), the proceeds of which were used to refund the Authority's $4,950,000 1985 Residential Rental Housing Revenue Bond (140 Associates, L.P. Facility) (the "1985 Bond"), the proceeds of which were used to make a loan to the Borrower to finance the acquisition, construction, and equipping of a 132-unit multifamily rental housing project known as Ashbrook Apartments, located at 205 Silverbrook Drive in the City of Virginia Beach, Virginia (all land and improvements being collectively referred to as the "Project"); and WHEREAS, the Borrower has described to the Authority the benefits which the Project will continue to bring to the City of Virginia Beach, Virginia, and its environs through the provision of housing, twenty percent (20%) of which is for occupancy by individuals of low or moderate income, and has requested the Authority to agree to issue its refunding revenue bonds pursuant to Chapter 643 of the Acts of Assembly of 1964, as amended (the "Act") in a principal amount not to exceed $4,950,000 (the "Bonds") to refund all or a portion of the 1987 Bonds; and WHEREAS, the Authority has caused a notice of public hearing to be published in a newspaper of general circulation in the City of Virginia Beach, Virginia, and has this date held a public hearing, all in accordance with the provisions of § 147(f) of the Internal Revenue Code of 1986, as amended, proposed final Treasury Regulations issued thereunder and § 15.1-1378. 1, Code of Virginia, 1950, as amended, and other applicable laws of the Commonwealth of Virginia. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY: 1. After considering the Borrower's application to the Authority for revenue bond financing in a public hearing pursuant to proper notice, all as provided in § 147(f) of the Internal Revenue Code of 1986, as amended, proposed final Treasury Regulations issued thereunder, and the applicable laws of the Commonwealth of Virginia, the Authority hereby finds and determines that the issuance of the Bonds to refund the 1987 Bonds, the proceeds of which were used to refund the 1985 Bonds, the proceeds of which were used to make a loan to the Borrower to finance the acquisition, construction, and equipping of the Project located in the City of Virginia Beach, Virginia by the Borrower and providing housing opportunities for citizens of low or 1-72356,IIGRF:LCQ 9110/96 moderate income, will be of benefit to the City of Virginia Beach, Virginia, and will be consistent with the general purposes of the Authority and the Act. 2. The Authority hereby recommends that the City Council of the City of Virginia Beach, Virginia, approve the issuance of the Bonds by the Authority and directs the Chairman or the Vice Chairman of the Authority to transmit the Fiscal Impact Statement and a copy of this resolution to the City Council of the City of Virginia Beach, Virginia. 3. The proper representative of the Authority is hereby authorized and directed to transmit this recommendation to the members of the City Council of the City of Virginia Beach, Virginia at its next regular or special meeting at which this matter can be properly placed on the Board's agenda for hearing. Adopted this 17th day of September, 1996. Secretary City of Virginia Beach Development Authority 1-72356.1/GRF:LCQ 9i 10/96 2 EXHIBIT D DISCLOSURE STATEMENT (See attached I page) 1-72454.1/GRF:LCQ 9111196 DISCLOSURE STATEMENT Date: September, 1996 Applicant's Name(s): 140 Associates, L.P. All Owners (if different from applicant): Type of Application: Rezoning: From To Conditional Use Permit: Street Closure: Subdivision Variance: Other: Refunding Bond Issue * The following is to be completed by or for the Applicant: 1. If the applicant is a CORPORATION, list all the officers of the Corporation: 2. If the applicant is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or partners in the organizations: Ramon W. Breeden, Jr., General Partner Breeden Development Corporation, Limited Partner The following is to be completed by or for the Owner (if different from the applicant) 1. If the owner is a CORPORATION, list all the officers of the Corporation: 2. If the owner is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or partners in the organization: 140 Associates, L.P. By: Name: Title: *Note that there is pending before the Planning Commission a request for amendment of 1984 proffers to permit construction of an additional twenty-four units adjacent to the existing apartments. The bond issue will go forward whether or not the new units are built and is not conditioned on their approval. No approval is sought from City Council at this time for the additional twenty-four units, and Council's approval of the refunding bond issue shall not be deemed in any way to pass upon any matter relating to the additional units. 1-12464.1 Development Authority one Columbus Center, Suite 300 Virginia Beach, VA 23462 (804) 499-4567 FAX (804) 499-9894 Kenneth F. Palmer, Chairman Robin D. Ray, Vice-Chairman F. Dudley Fulton, Treasurer Kenneth D. Barefoot, SecretarY W. Brantley Basnight III David A. King, Jr. Thomas J. Lyons, Jr. EXHIBIT E CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY MULTIFAMILY HOUSING REFUNDING BONDS, SERIES 1996 (140 ASSOCIATES, L.P. PROJECT) SERIES 1996 The Authority recommends approval of the captioned financing. The Ashbrook Apartments facility (the "Project") was built in 1984/1985 and public approval was given prior to the issuance of the original bond financing in 1985. The approval is being renewed at this time as technically required by the Internal Revenue Code because the weighted average life of the bonds is being extended. The original benefits of this Project - the provision of safe, attractive and sanitary housing for low to moderate income families within the City of Virginia Beach - continues to be the basis for recommendation. The refinancing will preserve and extend the restrictions placed upon the property when the initial bond financing was entered into in 1985, thereby assuring the City of Virginia Beach that the benefits of the income restrictions applicable to these apartments will continue. EXHIBIT F FISCAL IMPACT STATEMENT (See attached 1 page) 1-72454.1/GRF:LCQ 9/11196 FISCAL IMPACT STATEMENT (140 ASSOCIATES PROJECT) DATE: September 17th, 1996 TO: The City Council of The City of Virginia Beach, Virginia PROJECT NAME: 140 Associates, L.P., a Virginia limited partnership TYPE OF FACILITY: A 132-unit multifamily rental housing project known as Ashbrook ginia Beach, Apartments, located at 205 Silverbrook Drive in the City of Virginia Beach, Virginia 1. Maximum amount of financing sought: $4,950,000.00 2. Taxable value of the facility's real property $4,954,226.00 3. Real property tax per year using present tax rates $ 58,856.00 4. Personal property tax per year using present tax rates $ 81.00 5. Merchants' capital tax per year using present tax rates $ N/A 6. Estimated dollar value per year of goods and services purchased locally $ 250,000.00 7. Number of regular employees on year-round basis 4 8. Average annual salary per employee $ 18,500.00 The information contained in this Statement is based solely on facts and estimates provided by 140 Associates, L.P.. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY BY: Name: Title: 1-72355.1/GRF:LCQ 9110196 EXHIBIT G SUMMARY SHEET (See attached 1 page) 1-72454.1/GRF:LCQ 9111/96 SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY FIRST MORTGAGE REFUNDING REVENUE BONDS (140 ASSOCIATES, L.P. PROJECT) SERIES 1996 1. PROJECT NAME: 140 Associates, L.P. Project 2. LOCATION: 205 Silverbrook Drive Virginia Beach, Virginia 23462 3. DESCRIPTION OF PROJECT: Refinance the City of Virginia Beach Development Authority's $4,950,000 Multi-Family Housing Mortgage Refunding Revenue Bonds, Series 1987 (140 Associates, L.P. Project), the proceeds of which were used to refund the Authority's $4,950,000 1985 Residential Rental Housing Revenue Bond (140 Associates, L.P. Facility), the proceeds of which were used to finance the acquisition, construction and equipping of a multifamily rental housing project known as "Ashbrook Apartments" located at 205 Silverbrook Drive, Virginia Beach, Virginia 23462. 4. AMOUNT OF BOND ISSUE: $4,950,000 5. PRINCIPALS: Ramon W. Breeden, Jr., General Partner Breeden Development Corporation, Limited Partner 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property: B-4 b. Is rezoning proposed? Yes No X* c. If so, to what zoning classification? N/A The Authority recommends approval the captioned financing. The Project was built in 1984/1985 and public approval was given prior to the issuance of the original bond financing in 1985. The approval is being renewed at this time as technically required by the Internal Revenue Code because the weighted average life of the bonds are being extended. The original benefits of this Project - the provision of safe, attractive and sanitary housing for low to moderate income families within the City of Virginia Beach - continues to be the basis for recommendation. The refinancing will preserve and extend the restrictions placed upon the property when the initial bond financing was entered into in 1985, thereby assuring the City of Virginia Beach that the benefits of the income restrictions applicable to these apartments will continue. *Note that there is pending before the Planning Commission a request for amendment of 1984 proffers to permit construction of an additional twenty-four units adjacent to the existing apartments. The bond issue will go forward whether or not the new units are built and is not conditioned on their approval. No approval is sought from City Council at this time for the additional twenty-four units, and Council's approval of the refunding bond issue shall not be deemed in any way to pass upon any matter relating to the additional units. 1-71256.1/GRF:LCQ 8/29196 EXHIBIT H LETTER FROM CITY DEPARTMENT (See attached 1 page) 1-71256. 1/GRF:LCQ 8/29/96 is i"l kg MEN IK)LOWANU PHIN'IS!IANNI LXiCUliVi I(IA talCitWFJIIUCILIPR@SIH'4A7lOt4 MMICif-AL CtNItH (IKA) I AX (W4@ 4X. S-@- IJX)(8M)4X!.794 L;LKX I N(C)It@A MINI 4421 September 11, 1996 Mr. Kenneth Palmer Virginia Beach Development Authority Virginia Beach, VA Re: 140 Associates, L.P. Mortgage Refunding Revenue Bonds Series 1996 Dear Mr. Palmer: The noted project, Ashbrook Apartments, located at 205 Silver Brook Drive must, as a requirement of the funding, rent 20% of its units to low and moderate income households. To the extent that the project is being managed in accordance with these requirements, it is fulfilling the original purpose of providing this funding. In addition, since the refinancing extends these requirements, it will provide additional benefits. Therefore, I recommend that the refunding be approved. Sincerely, Andrew M. Friedman Director AMF:iap RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA (Tidewater-Oxford Project) WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has considered the application of Tidewater-Oxford Limited Partnership, a Maryland limited partnership (the "Borrower"), for the issuance of the Authority's Multifamily Housing Revenue Refunding Bonds in an amount not to exceed $26,800,000 (the "Bonds") to refund all or a portion of the Authority's $26,800,000 Multifamily Mortgage Revenue Bonds (Tidewater-Oxford Project) 1985 (the "1985 Bonds"), the proceeds of which were used to make a loan to the Borrower to finance the acquisition, construction, and equipping of a 480-unit multifamily rental housing project known as Reflections located at 3001 Reflections Way in the City of Virginia Beach, Virginia (the "Project"), twenty percent (20%) of which is for occupancy by individuls of low or moderate income, and has held a public hearing thereon on September 17, 1996; and WHEREAS, the Authority has recommended that the City Council (the "Council") of the City of Virginia Beach (the "City") approve the refunding of the 1985 Bonds and issuance of the Bonds by the Authority to comply with Section 147(f) of the Internal Revenue Code of 1986, as amended, and proposed final Treasury regulations issued thereunder; and WHEREAS, a record of the public hearing held hereon has been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: 1. The holding of a public hearing with respect to the refunding of the 1985 Bonds and the Project by the Authority at 8:30 a.m. on September 17, 1996 prior to this meeting, at One Columbus Center, Suite 300, Virginia Beach, Virginia, in accordance with the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended, is hereby ratified. 2. The Council approves the refunding of the 1985 Bonds and further approves issuance of the Bonds by the Authority for the benefit of the Borrower, to the extent of and as required by Section 147(f) of the Internal Revenue Code, to permit the Authority to assist in the refunding of the 1985 Bonds. 3. The approval of the issuance of the Bonds, as required by Section 147(f), does not constitute an endorsement of the Bonds or the creditworthiness of the Borrower, and the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, nor the Authority shall be pledged thereto. 1-69379@l/GRF:LCQ 9/4/96 4. This Resolution shall take effect immediately upon its adoption. Adopted by a majority of a quorum of the City Council of the City of Virginia Beach, Virginia, on _________________, 1996. I certify the foregoing to be a true and correct copy of a resolution adopted by the City Council of the City of Virginia Beach, Virginia, at a regular meeting held ____________________, 1996. Dated: 1996 Clerk, City Council of the City of Virginia Beach ADOPTED: October 11 1996 1-69379.1/GRF:LCQ 9/4/96 2 APPROVED I LEGAL SUFF PROJECT LOCATION MAP 41A A @A ,/ I im 1% 0 cw x 0 1 94 1 P4 AM a H p I I i 7" ioaff @c 10 @:' @, 14 , @ - 11, %, .. 1) t,@ r. EXHIBIT A NOTICE OF PUBLIC HEARING NEWSPAPER AFFIDAVIT (See attached 1 pages) 1-71557 I/GRF:LCQ 9/11/9(, The Virginian-Pilot State of Virginia City of Norfolk to wit: AFFIDAVIT This day, Lisa Y. Wells personally appeared before me and after being duly sworn made oath that: 1) She is Affidavit Clerk of The Virginian-Pilot, a newspaper published by Landmark Communications, Inc., in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk and Virginia Beach, State of Virginia; 2) That the advertisement hereto annexed of "TIDEWATER/OXFORD" has been published in said newspaper during the following dates: SEPTEMBER 2 & 9, 1996 Legal Affiant Subscribed and sworn to before me in my city and state aforesaid this 11th day of SEPTEMBER, 1996 My commission expires December 31, 1999 Notary Public NOTICE OF PUBLIC HEARING BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY ON PROPOSED REFUNDING REVENUE BOND FINANCING Notice is hereby given that a public hearing will be held before the City of Virginia Beach Development Authority (the "Authority"), on the issuance of its Rental Housing Revenue Refunding Bonds (Tidewater-Oxford Project) 1996 Series A (the "Series A Bonds") and its Rental Housing Revenue Refunding Bonds (Tidewater-Oxford Prqject) 1996 Series B (the "Series B Bonds") in an aggregate principal amount not to exceed $26,800,000 (collectively, the Series A Bonds and the Series B Bonds are referred to herein as the "Bonds"), pursuant to a plan of financing and the approval of such Bonds by the Authority and by the City Council of the City of Virginia Beach (the "City Council"). The Bonds will be issued pursuant to Chapter 643 of the Acts of Assembly of 1964, as amended (the "Act"), to refund all or a portion of the Authority's $26,800,000 Multifamily Mortgage Revenue Bonds (Tidewater-Oxford Project) 1985 (the "1985 Bonds"), the proceeds of which were used to make a loan to Tidewater-Oxford Limited Partnership, a Maryland limited partnership (the "Borrower"), to finance the acquisition, construction, and equipping of a 480-unit multifamily rental housing project known as Reflections, located at 3001 Reflections Way in the City of Virginia Beach, Virginia, twenty percent (20%) of which is for occupancy by individuals of low or moderate income. The issuance of the Bonds as requested by the Borrower will not be deemed to constitute a debt or pledge of the faith and credit of the Commonwealth of Virginia, or the City of Virginia Beach, Virginia. Neither the Commonwealth of Virginia nor any political subdivision thereof, including the Authority, nor the City of Virginia Beach, Virginia shall be obligated to pay the Bonds, or the interest therein, or other costs incident thereto, except from the revenues and 1-69370.1/GRF:L,CQ 8119196 moneys pledged therefor, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia, nor any political subdivision thereof, is pledged to the payment of principal of such Bonds or the interest thereon, or other costs incidental thereto. The public hearing, which may be continued or aqiourned, will be held at 8:30 a.m. on Tuesday, September 17, 1996 before the Authority at One Columbus Center, Suite 300, Virginia Beach, Virginia. Any persons interested in the issuance of the Bonds or location or nature of the project, may appear at the hearing and present his or her views and may send written comments before such hearing to: City of Virginia Beach Development Authority, One Columbus Center, Suite 300, Virginia Beach, Virginia 23462. The address and principal place of business of the Borrower is: Tidewater-Oxford Limited Partnership, 7200 Wisconsin Avenue, 11th Floor, Bethesda, Maryland 20814-4815. THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY BY: 1-69370.1/GRF:l@CQ 8/19/96 2 EXHIBIT B CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY RECORD OF PUBLIC HEARING (Tidewater-Oxford Project) (See attached 2 pages) 1-71557.1/GRF@LCQ 9i 1 1196 CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY RECORD OF PUBLIC HEARING (Tidewater-Oxford Project) The Chairman of the City of Virginia Beach Development Authority (the "Authority") announced the commencement of a public hearing on the request of Tidewater-Oxford Limited Partnership, a Maryland limited partnership (the "Borrowcr"), and that a notice of the hearing was published once a week for two consecutive weeks in a newspaper having general circulation in the City of Virginia Beach, Virginia, the first publication being not less than 14 days prior to the hearing and the second publication being not more than 21 days prior to the hearing. The Chairman indicated that a copy of the notice and a certificate of publication of such notice have been filed with the records of the City Council of the City of Virginia Beach, The following individuals appeared and addressed the Authority: Mr. Guy R. Friddell, III appeared on behalf of the Borrower. Mr. Friddell gave a brief description of the Project (below defined). He explained that this was a refunding of the Authority's $26,800,000 Multifamily Mortgage Revenue Bonds (Tidewater-Oxford Project), 1995, the proceeds of which were used to finance the acquisition, construction, and equipping of a 480-unit multifamily rental housing project known as "Reflections" located at 3001 Reflections Way, Virginia Beach, Virginia 23452 (the "Project"). He related that The Project was built in 1987 and public approval was given prior to the issuance of the original bond financing in 1985. The approval is being renewed at this time as technically required by the Internal Revenue Code because the weighted average life of the bonds is being extended. The original benefits of this Project - the provision of safe, attractive and sanitary housing for low to moderate income 1.71557 l@Rf l,rQ 9/11@I)b families within the City of Virginia Beach will continue under the refinancing. The refinancing will preserve and extend the restrictions placed upon the property when the initial bond financing was entered into in 1985, thereby assuring the City of Virginia Beach that the benefits of the income restrictions applicable to these apartments will continue. He closed his remarks by estimating an issuance date for the Bonds of late October, 1996, No other persons appeared to address the Authority, and the Chairman closed the public hearing. The Authority hereby recommends that the City Council of the City of Virginia Beach, Virginia approve the issuance of the proposed financing and hereby transmits the Fiscal Impact Statement to the City Council of the City of Virginia Beach and asks that this recommendation be received at its next regular or special meeting at which this matter can be properly placed on the Council's agenda for hearing. 9/1 1/1)6 EXHIBIT C RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY (Tidewater-Oxford Limited Partnership) (See attached 2 pages) 1-71557,1/GRF-LCQ 9111196 RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY (Tidewater-Oxford Project) WHEREAS, there has been presented to the City of Virginia Beach Development Authority (the "Authority") by and on behalf of Tidewater-Oxford Limited Partnership, a Maryland limited partnership (the "Borrower"), its plans to refinance the $26,800,000 Multifamily Mortgage Revenue Bonds (Tidewater-Oxford Project) 1985 (the "1985 Bonds"), the proceeds of which were used to make a loan to the Borrower to finance the acquisition, construction, and equipping of a 480-unit multifamily rental housing project known as Reflections, located at 3001 Reflections Way in the City of Virginia Beach, Virginia (all land and improvements being collectively referred to as the "Project"); and WHEREAS, the Borrower has described to the Authority the benefits which the Project will continue to bring to the City of Virginia Beach, Virginia, and its environs through the provision of housing, twenty percent (20%) of which is for occupancy by individuals of low or moderate income, and has requested the Authority to agree to issue its refunding revenue bonds pursuant to Chapter 643 of the Acts of Assembly of 1964, as amended (the "Act") in a principal amount not to exceed $26,800,000 (the "Bonds") to refund all or a portion of the 1985 Bonds; and WHEREAS, the Authority has caused a notice of public hearing to be published in a newspaper of general circulation in the City of Virginia Beach, Virginia, and has this date held a public hearing, all in accordance with the provisions of § 147(f) of the Internal Revenue Code of 1986, as amended, proposed final Treasury Regulations issued thereunder and § 15.1-1378.1, Code of Virginia, 1950, as amended, and other applicable laws of the Commonwealth of Virginia. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY: 1. After considering the Borrower's application to the Authority for revenue bond financing in a public hearing pursuant to proper notice, all as provided in § 147(f) of the Internal Revenue Code of 1986, as amended, proposed final Treasury Regulations issued thereunder, and the applicable laws of the Commonwealth of Virginia, the Authority hereby finds and determines that the issuance of the Bonds to refitnd the 1985 Bonds, the proceeds of which were used to make a loan to the Borrower to finance the acquisition, construction, and equipping of the Project located in the City of Virginia Beach, Virginia by the Borrower and providing housing opportunities for citizens of low or moderate income, will be of benefit to the City of Virginia Beach, Virginia, and will be consistent with the general purposes of the Authority and the Act. 1-69375, 1/GRF:LCQ 9/4/96 2. The Authority hereby recommends that the City Council of the City of Virginia Beach, Virginia, approve the issuance of the Bonds by the Authority and directs the Chairman or the Vice Chairman of the Authority to transmit the Fiscal Impact Statement and a copy of this resolution to the City Council of the City of Virginia Beach, Virginia. 3. The proper representative of the Authority is hereby authorized and directed to transmit this recommendation to the members of the City Council of the City of Virginia Beach, Virginia at its next regular or special meeting at which this matter can be properly placed on the Board's agenda for hearing. Adopted this 17th day of September, 1996. Secretary City of Virginia Beach Development Authority 1-69375. 1/GRF:LCQ 9/4/96 2 EXHIBIT D DISCLOSURE STATEMENT (See attached 1 page) 1-71557 @ I /GRF: LCQ 9/11/96 DISCLOSURE STATEMENT Date: September 24, 1996 Applicant's Name(s): Tidewater-Oxford Limited Partnership All Owners (if different from applicant): Type of Application: Rezoning: From To Conditional Use Permit: Street Closure: Subdivision Variance: Other: Refunding Bond Issue The following is to be completed by or for the Applicant: 1. If the applicant is a CORPORATION, list all the officers of the Corporation: 2. If the applicant is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or partners in the organization: OAMCO XII, L.L,C., Managing General Partner Oxford Investment Corporation, General Partner Oxford Investment II Corporation, General Partner Leo E. Zickler, General Partner The following is to be completed by or for the Owner 1. If the owner is a CORPORATION, list all the officers of the Corporation: 2. If the owner is a PARTNERSHIP, FIRM or other tjnincorporated Organization, list all members or partners in the organization: TIDEWATER-OXFORD LIMITED PARTNERSHIP By OAMCO XII, L.L.C., Managing General Partner By: Carol A. Kohl, Vice President 1 71612 1 VIRGINIA BEeAjkCH Development Authority one Columbus Center, Suite 300 Virginia Beach, VA 23462 (804) 499-4567 FAX (804) 499-9894 Kenneth F. Palmer, Chairman Robin D. Ray, Vice-Chairman F. Dudley Fulton, Treasurff Kenneth D. Barefoot, Secretaly w. Brantley Basnight III David A. King, Jr. Thomas J. Lyons, Jr. EXHIBIT E CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY MULTIFAMILY HOUSING REFUNDING BONDS, 1996 SERIES A AND 1996 SERIES B (TIDEWATER-OXFORD PROJECT) The Authority recommends approval of the captioned financing. The Reflections Apartments facility (the "Project") was built in 1987 and public approval was given prior to the issuance of the original bond financing in 1985. The approval is being renewed at this time as technically required by the Internal Revenue Code because the weighted average life of the bonds is being extended. The original benefits of this Project - the provision of safe, attractive and sanitary housing for low to moderate income families within the City of Virginia Beach - continues to be the basis for recommendation. The refinancing will preserve and extend the restrictions placed upon the property when the initial bond financing was entered into in 1985, thereby assuring the City of Virginia Beach that the benefits of the income restrictions applicable to these apartments will continue. EXHIBIT F FISCAL IMPACT STATEMENT (See attached 1 page) I 71557.1/GRF:LCQ 9/11/96 FISCAL IMPACT STATEMENT (TIDEWATER-OXFORD PROJECT) DATE: September _, 1996 TO: The City Council of the City of Virginia Beach, Virginia PROJECT NAME: Tidewater-Oxford Limited Partnership, a Maryland limited partnership TYPE OF FACILITY: A 480-unit multifamily rental housing project known as Reflections, located at 3001 Reflections Way in the City of Virginia Beach, Virginia 1. Maximum amount of financing sought: $26,800,000.00 2. Taxable value of the facility's real property $19,414,580.00 3. Real property tax per year using present tax rates $ 239,000.00 4. Personal property tax per year using present tax rates $ 75.05 5. Merchants' capital tax per year using present tax rates $ -0- 6, Estimated dollar value per year of goods and services purchased locally $ 678,805.00 7. Number of regular employees on year-round basis 13 8. Average annual salary per employee $ 28,583.00 The information contained in this Statement is based solely on facts and estimates provided by Tidewater-Oxford Limited Partnership. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By: LI Name: Title: I (,)3X).I/GRI::I,CQ EXHIBIT G SUMMARY SHEET (See attached 1 pages) 1-71557.1/GRF:LCQ 9111196 SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (TIDEWATER-OXFORD PROJECT) 1996 SERIES A AND 1996 SERIES B 1. PROJECT NAME: Tidewater-Oxford Project 2. LOCATION: 3001 Reflections Way Virginia Beach, Virginia 23452 3. DESCRIPTION OF PROJECT: Refinance the City of Virginia Beach Development Authority's $26,800,000 Multifamily Mortgage Revenue Bonds (Tidewater-Oxford Project) 1985 (the "1985 Bonds"), the proceeds of which were used to make a loan to Tidewater-Oxford Limited Partnership (the "Borrower") to finance the acquisition, construction and equipping of a 480- unit multifamily rental housing project known as "Reflections" located at 3001 Reflections Way, Virginia Beach, Virginia 23452. 4. AMOUNT OF BOND ISSUE: $26,800,000 5. PRINCIPALS: OAMCO, XII, L.L.C., Managing General Partner Oxford Investment Corporation, General Partner Oxford Investment II Corporation, General Partner Leo E. Zickler, General Partner 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property: A-2 b. Is rezoning proposed? Yes No- X c. If so, to what zoning classification? N/A The Authority recommends approval the captioned financing. The Project was built in 1987 and public approval was given prior to the issuance of the original bond financing in 1985. The approval is being renewed at this time as technically required by the Internal Revenue Code because the weighted average life of the bonds are being extended. The original benefits of this Project - the provision of safe, attractive and sanitary housing for low to moderate income families within the City of Virginia Beach - continues to be the basis for recommendation. The refinancing will preserve and extend the restrictions placed upon the property when the initial bond financing was entered into in 1985, thereby assuring the City of Virginia Beach that the benefits of the income restrictions applicable to these apartments will continue. 1-71256, [/GRF:LCQ 8/29/96 EXHIBIT H LETTER FROM CITY DEPARTMENT (See attached 1 page) 1-71256.1/GRF:LCQ 8/29/96 L* I 'AH ILK @ CV I <KJSING AN(' fi II NCr SS ANNL (XFC,%n I VI @'ArIK, NTX3 IDA N( IGO WKWN ILKIL, @41 WAINN "ICII-A CFNILOI (M4) 4.@@I!,O VlHkilNIA WA" 1, @liGlIOA IA% (03(14) 4P(, !;?Gt 7191 MA) 4?&!,794 COIN E Nt ON@:i Mi NI (@) 4.17 447i September 11, 1996 Mr. Kenneth Palmer Virginia Beach Development Authority Virginia Beach, VA Re: Tidewaler-Oxford Project Series 1996A and Series 1996B Dear Mr. Palmer: The noted project, located at 3001 Reflections Way, must as a requirement of the funding, rent 20% of its units to low and moderate income households. To the extent that the project is being managed in accordance with these requirements, it Is fulfilling the original purpose of providing this funding. In addition, since the refinancing extends these requirements, it will provide additional benefits. Therefore, I recommend that the refunding be approved. Sincerely, hI Andrew M. Friedman Director AMF:'jap - 12 - IV-J. CONSENT AGENDA ORDINANCES ITEM # 41279 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED BY CONSENT IN ONE MOTION Items 1, 2, 3 and 4. Voting: 9-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Pice Mayor William D. Sessoms, Jr. and Louisa M 5trayhorn Council Members Voting Nay: None Council Members Absent: Linwood 0. Branc& III and Wzlliam W. Harrison, Jr. October 1, 1996 - 13 - item Irv-J. I. CONSENT AGENDA ORDINANCES ITEM # 41280 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to APPROPRIATE $1,050,000 from the General Fund Balance: a. Complete City's Streetlight Backlog Program $310,000 b. Establish Schools' CIP Project #1-007 $385,000 Technology and Communications Initiative c. Tidewater Community College's acquisition $355,000 of additional computers and equipment Voting: 9-0 (By Consent) Council Members Voting Aye: John A. Baum, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. .5trayhorn Council Members Voting Nay: None Council Members Absent: Linwood 0. Branch, III and William W Harrison, Jr. October 1, 1996 1 AN ORDINANCE TO APPROPRIATE $1,050,000 FROM GENERAL FUND BALANCE 2 FOR THE PURPOSES OF (1) COMPLETING THE CITY'S STREETLIGHT BACKLOG 3 PROGRAM ($310,000), (2) ESTABLISHING SCHOOLS' CIP PROJECT #1-007 4 TECHNOLOGY AND COMMUNICATIONS INITIATIVE TO REPLACE COMPUTER 5 HARDWARE AND SOFTWARE IN VARIOUS HIGH SCHOOLS' COMPUTER SCIENCE 6 LABS , AND ACQUIRING RADIOS FOR SCHOOL BUSES ($385,000), 7 AND (3) CONTRIBUTING TOWARD TIDEWATER COMMUNITY COLLEGE'S 8 ACQUISITION OF ADDITIONAL COMPUTERS, WORKSTATIONS AND 9 UPGRADING COMPUTER LABS ($355,000) 10 WHEREAS, City Council has been informed of a surplus from the 11 City of Virginia Beach FY 1995-96 Operating Budget; 12 WHEREAS, City Council has been informed of various projects 13 for which the surplus could be used; 14 WHEREAS, City Council has directed that $310,000 of the 15 surplus be used to complete the City's Streetlight Backlog Program; 16 WHEREAS, City Council has directed that $385,000 of the 17 surplus be used for Schools to (a) replace outdated hardware and 18 software in various high schools, computer science labs ($306,000), 19 and (b) acquire radios for school buses ($79,000); 20 WHERRAS, City Council has directed that $355,000 of the 21 surplus be used to contribute additional funding to Tidewater 22 Community College in order for it to acquire additional computers, 23 workstations, and upgrading its computer labs; 24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIRGINIA that $1,050,000 be appropriated from 26 General Fund Balance for the following purposes: 27 1. $310,000 to the FY 1996-97 Operating Budget of the 28 Department of Public Works in order to complete the City's 29 Streetlight Backlog Program; 30 2. $385,000 to establish Schools, CIP Project #1-007 31 Technology and Communications Initiative for (a) replacement of 32 outdated hardware and software in various high schools, computer 33 science labs ($306,000), and (b) acquiring radios for school buses 34 ($79,000); 35 3. $355,000 to the FY 1996-97 Operating Budget of Regional 36 Participation in order to increase the City's contribution to 37 Tidewater Community College in order to provide funds for it to 38 acquire additional computers and workstations, to upgrade its 39 computer labs, and for various other technological programs; 40 This ordinance shall be in effect from the date of its 41 adoption. 42 Adopted by the Council of the City of Virginia Beach, Virginia 4 3 on the First day of October 1996. APPROVED AS TO CONTENT E. D. Block, @tor Department of Management Services APPROVED AFj TO '@EGAi, '3UFFICIENCY f:\users\sjohnsto\council\96surpl.ord TIDEWATER COMMUNITY COLLEGE 1-@ 11. VIRGINIA BEACH CAMPUS E.T. "JOE" BUCHANAN, PROVOST January 24, 1997 i Ali Honorable Mayor and Members of 11Ify City Council JE YMIUA BM c/o The Honorable Ruth Smith City Clerk Municipal Center Virginia Beach, VA 23456 Dear Mayor and Members of Council: A note to provide an update on the impact of the TCC-Virginia Beach computer acquisition financed with your support. Virtually all of the machines were installed over the holiday break, and are now operational. Both student and faculty response has been quite positive! Together with the Beach City Schools, the campus has reinstituted a Saturday morning enrichment program for middle school students. The program focuses on computer applications in a number of fields, and the new machines made possible by your support are an integral part of the program. My 12-year old daughter reports that student response to the Saturday enrichment program has been overwhelmingly positive. I enclose for your information the enrichment program courses-chaos science, physics, chemistry, computer graphics, marine science, applied math, ecology, and geology/meteorology. Administrative C*ices Chesapeake (,a@p.@ N,,rf(,[k Campus L',)rtsin,)uth Campus Virginia Beach Campus 7000 College Drive 1428 Cedar Road 215 E. City Hall 70C)O College Drive 1700 College Crescent Portsmoud,, VA 23703 Chesapeake, VA 23 32(' N,)rf,)Ik, VA 2 i 5 1 LI '@'ll,ts,@@,)uth, VA 23703 Virginia @ch, VA 23456 757-484-2121 757,549-5100 757-683-9414 '57-484-2121 757-427-7100 VTI)D: 483 5154 VTF)P @40 @ I C' I \7DD: 68 i 2 7," )I) 483-5154 VTDD 430-[401 1 Honorable Mayor and Members of City Council Page Two January 24, 1997 In addition, we have several classes of City of Virginia Beach and Beach schools employees enrolled for computer training. Our very best wishes for the New Year! Most Sincerely, E. T. "Joe" Buchanan Provost ETB:rg 1997 Saturday Enrichment Program Sixth Graders Week Physical Sciences Science and Technology Biologicial/Chemical Sciences Physics Computer Graphics Biology Jan 11 Blackwater Bldg. Blackwater Bldg. Blackwater Bldg. F-114 C-108 C-178 Physics Computer Graphics Biology Jan 18 Blackwater Bldg. Blackwater Bldg. Blackwater Bldg. F-114 C-108 C-178 Applied Mathematics Computer Graphics Marine Science Feb 1 Blackwater Bldg. Blackwater Bldg. I Blackwater Bldg. C-127 C-108 C-118 Applied Mathematics Computer Graphics Marine Science Feb 8 Blackwater Bldg. Blackwater Bldg. Blackwater Bldg. C-127 C-108 C-118 Chaos Science Applied Mathematics Mathematical Models Feb 15 Blackwater Bldg. Blackwater Bldg. Blackwater Bldg. C-127 C-128 C-128 Chaos Science Applied Mathematics Mathematical Models Feb 22 Blackwater Bldg. Blackwater Bldg, Blackwater Bldg. C-127 C-128 C-128 Astronomy Ecology Chemistry Mar 1 Blackwater Bldg. Blackwater Bldg. Lynnhaven Bldg. F-112 C-178 E-151 Astronomy Ecology Chemistry Mar 15 Blackwater Bldg. Blackwater Bldg. Lynnhaven Bldg. F-112 C-178 E-151 Geology/Meterology Physics Ecology Mar 22 Blackwater Bldg. Blackwater Bldg. Blackwater Bldg. C-118 F-114 C-178 Geology/Meterology Physics Ecology Apr 5 Blackwater Bldg. Blackwater Bldg. Blackwater Bldg. C-118 F-114 C-178 *Note: No sessions will be held on Saturday, January 25th due to SAT Testing No sessions will be held on Saturday, March 8th due to TCC's Spring Break No sessions vill be help on Saturday, March 29th due to Easter Vacation Revised - 1/6/97 TIDEW.ATEI'\ COIVIMU@TI @IRGINIA BFAC@4 ',',IPt )ctober -'3, 1 996 Honorable Meyera E Oberndorf Mayor City of Virginia Beach Municipal Center Virginia Beach, VA 23456 Dear Meyera: Thank you for your letter of October 7, 1996 advising me of the process for accessing funds appropriated by the City Council for Capital Improvements and for technology enhancements. At your suggestion, I have communicated formally with Mr. Ralph Smith and Mr. Dean Block. They have been most helpful. (I have received a check for $250,000 from the CIP budget.) The members of the campus committee that deal with computing issues have met several times in the past few weeks. This group was extremely appreciative of this grant, and asked that I convey their appreciation to you. The committee reviewed all of the most pressing needs of the campus and arrived at the following: 1. We committed approximately 30 new machines for a computer lab which will primarily support instruction in Windows 95, and enhanced Internet access courses. Until we obtained this grant from the City, our machines could not run Windows 95 software. As you know, employers all over the City need this kind of instruction for their employees. We committed 9 new machines to faculty instructional development in the Iormation Systems program. These machines will support high end instructional development, in support of our Certified Network Administrator and Certified Network Engineer programs. These programs are critical to the City's economic welfare. Adminismct@e Offi@ Ch@@ke Campus Norfolk Cntcr Pornmouth Campus VirgLn@ @ch Camp@ 7000 " Dri,c 1428 Cedar Rwd 215 E@ CiN Hall A@en@@ 7000 College Dri@c 1700 College Cre@@nt PMMM@,h,e7A 23703 Chmp"ke, VA '3320 Norfolk, VA 235tO I'@umo.th, VA '3703 Vi,gi,, @,h, VA Z3456 804-484-2121 804-549-5100 804-683-9414 804-484.2l'i 804-427-7100 @7DD: @3-5154 VTDD7 549 @ l@Ot @DD: 683-2705 @TOD: 483-5154 VTDD: 430-1401 We committed 24 machines and peripheral equipment for a computer assisted drafting and design tab. These new machines represent a significant technical advance. We are currently using low end 486 level machines, which for several years have been unable to handle current editions of software, and have been unable to serve the engineering and architectural communities as we should. hicidently, these machines will be available for use by the City engineering staff for their professional development 3. We committed 27 machines and peripherals for a writing lab. We are engaged in several national projects in which students and faculty use interconnected computers to compose, edit and then discuss student writing. The more powerful machines provided by this giant will significantly enhance this educational experience for students 4. We committed 18 machines and peripherals for Math and Physics labs. Our Physics machines had become almost useless. These labs are a critically important element in our service to the technical community in the area. 5. We committed 6 machines and peripherals for faculty use in learning advanced methods of instructional development, and for actually performing that development. This will enable us to equip computer labs for faculty in each of several buildings, where faculty can perform state of the art instructional development. 6. This grant will free up approximately 97 older machines for faculty, administrative, and staff use. We are upgrading our LAN lines for registration, financial aid, counseling and other student support fimctions, and some of the low power machines we are currently using in these offices will not be able to operate in the enhanced LAN envirorunent. In addition, a number of machines will find their way into faculty computer labs giving virtually every faculty member access to a shared computer work area in each building, and in some cases, machines will be placed in faculty offices. The detail on these 97 machines is as follows: 20-30 machines will be migrated from the composition and math labs, and will replace "dumb" terminals which have been used to counsel, register, and collect tuition payment. 27 machines will migrate from the CAD lab into assistant division chair offices. Assistant division chairs normallv teach an 80% load, and do administrative work for 20% of their work week. These machines will enable us to begin a faculty advising program, an effort coming out of our recent I accreditation process. Approximately 16 machines will be placed in faculty offices. The balance of the machines will be utilized to upgrade low end machines currently in some administrative offices I was asked by Mr. Block to obtain a copy of the City of Virginia Beach computer procurement contract, and to compare the price and available options in the City contract with the contract the College of William & Mary negotiated with Gateway, and which we can utilize. That task was done, and it appears to us that the price and devices provided by the contract with Gateway are comparable to the price and devices available through the City contract. To summarize, this grant is a significantly strategic step not only for this campus but for this City. The grant will enable us to more effectively meet the strategies of the City relative to both retention of current business and attraction of new business, and to significantly enhwice the quality of our instniction. We are most grateful for this support. Sincerely, @40 @ E. T. Joe Buchanan Provost ETB/cbc xc: @. James K. Spore Na. E. Dean Block Mr. Ralph Smith - 14 - item IV-J.2 CONSENT AGENDA ORDINANCES ITEM # 41281 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to APPROPRIATE $10,500 from the Forfeited Asset-Sharing Specid Revenue Fund to the FY 1996-1997 Operating Budget to the Commnwealth's Attorney re equipment and training to enhance the Office's Law enforcement capability. Voting: 9-0 (By Consent) Council Members Voting Aye: John A. Baum, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Linwood a Branck III and William W Harrison, Jr. October 1, 1996 1 AN ORDINANCE TO APPROPRIATE $10,500 OF FUND 2 BALANCE IN THE FORFEITED ASSET SHARING 3 SPECIAL REVENUE FUND TO THE FY 1996-97 4 OPERATING BUDGET OF THE OFFICE OF THE 5 COMMONWEALTH'S ATTORNEY 6 7 WHEREAS, the Office of the Commonwealth's Attorney shares drug 8 forfeiture money with local and federal law enforcement agencies; 9 WHEREAS, drug forfeiture funds, once appropriated, may be used 10 for training and equipment to enhance the enforcement capability 11 of the Commonwealth's Attorney Office; and 12 WHEREAS, sufficient funds are available to be appropriated 13 from the fund balance of the Forfeited Asset Sharing Special 14 Revenue Fund; 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA, that $10,500 be appropriated from fund 17 balance of the Forfeited Asset Sharing Special Revenue Fund to 18 the FY 1996-97 Operating Budget of the Office of the 19 Commonwealth's Attorney for equipment and training to enhance the 20 Office's law enforcement capability. 21 This ordinance shall be effective on the date of its adoption. 22 Adopted by the Council of the City of Virginia Beach, Virginia, 23 on the 1st of October 1996. 24 25 26 Walter C. Kr@er, Jr. 27 Resource and Management Services Administrator 28 Department of Management Services APPROVED AS TO LF-.GA;- SUFFICIENCY - 15 - Item rV-J.3. CONSENT AGENDA ORDINANCES ITEM # 41282 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to authorize acquisition of property in fee simple for the right-of-way for Viking Drive at Lynnhaven Parkway intersection improvements (CIP #2-285.17) re additional turn lanes including acquisition of temporary and permanent easements, either by agreement or condemnation; and authorize the City Manager to make a reasonable offer to interested parties. Voting: 9-0 (By Consent) Council Members Voting Aye: John A. Baum, Harold Heischober, Barbara M. Henley, Louis R Jones, Reba & McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Linwood 0. Branch, III and William W Harrison, Jr October 1, 1996 I AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE 3 SIMPLE FOR RIGHT OF WAY FOR 4 VIKING DRIVE AT LYNNHAVEN 5 PARKWAY INTERSECTION 6 IMPROVEMENTS CIP 2-285.17 7 (FEDERAL AID PROJECT NO. CM- 8 5403 (361) AND VDOT PROJECT 9 U000-134-V41, PE-101, RW-201, 10 C-501) AND THE ACQUISITION OF 11 TEMPORARY AND PERMANENT 12 EASEMENTS, EITHER BY AGREEMENT 13 OR CONDEMNATION 14 WHEREAS, in the opinion of the Council of the City of Virginia Beach, 15 Virginia, a public necessity exists for the construction of this important 16 roadway to provide transportation and for other public purposes for the 17 preservation of the safety, health, peace, good order, comfort, convenience, and 18 for the welfare of the people in the City of Virginia Beach: 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 20 BEACH, VIRGINIA: 21 Section 1. That the City Council authorizes the acquisition by 22 purchase or condemnation pursuant to Sections 15.1-236, et seg., 15.1-898, 15.1- 23 899, and Section 33.1-89, et seg., Title 25-46.1 et seg., Code of Virginia of 24 1950, as amended, all that certain real property in fee simple, including 25 temporary and permanent easements of right of way as shown on the plans entitled 26 "VIKING DRIVE AT LYNNHAVEN PARKWAY INTERSECTION IMPROVEMENTS - CIP 2-285.17 27 (FEDERAL AID PROJECT NO. CM-5403 (361) AND VDOT PROJECT U000-134-V41, PE-101, RW- 28 201, C-501)", these plans being on file in the Engineering Division, Department 29 of Public Works, City of Virginia Beach, Virginia. 30 Section 2. That the City Manager is hereby authorized to make or 31 cause to be made on behalf of the City of Virginia Beach, to the extent that 32 funds are available, a reasonable offer to the owners or persons having an 33 interest in said lands. If refused, the City Attorney is hereby authorized to 34 institute proceedings to condemn said property. 35 Adopted by the Council of the City of Virginia Beach, Virginia, on 36 the 1st day of October 1996. 37 38 APPROVED AS TO CONTENT 39 CBC 40 08/15/96 C. 41 F:\..\CAHOON\VIKILYM.ORD W@al Estate A4ent /Date APPROVED AS TO LEGAL SUFFICIENC"" Y@IRC;INI SITE z z ,VIKING DR. AT LYNNHAVEN PKWY. INTERSECTION IMPROVEMENTS CIP 2-285.17 SCALE: 1" = 800' - 16 - Iteon IV-J.4. CONSENT AGENDA ORDINANCES ITEM # 41283 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance authorizing Tax Refunds in the amount of $1,885.86 upon application of certain persons and upon certification of the City Treasurer for payment Voting: 9-0 (By Consent) Council Members Voting Aye: John A. Bawn, Harold Heischober, Barbara M. Henley, Louis R Jones, Reba & McCianan, Mayor Meyera E. Oberndorf Nancy K Parker, lice Mayor TWIliam D. Sessonw, Jr. and Louisa M. Mrayhorn Council Meinbers Voting Nay: None Council Members Absent: Linwood 0. Branc,% III and William W Harrison, Jr. October 1, 1996 9 / 20 / 96 EMC RM NO. C.A. 7 AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Date Penalty lnt. Total Year of Tax Number tion No. Paid Margaret E Johnson 95 RE(2/2) 059883-4 6/5/95 1,306.76 Beatrice & Thelma Jones 96 RE(2/2) 061454-8 6/28/96 4.26 Beatrice & Thelma Jones 96 RE(2/2) Q61455-7 6/28/96 87.65 James F & Mary Murphy 96 RE(2/2) 085446-8 8/22/96 205.05 Fleet Mortgage Group 96 RE(1/2) 019058-6 11/29/95 5.70 Fleet Mortgage Corp 96 RE(2/2) 019058-6 5/21/96 5.70 GMAC 92 pp 283735-1 8/22/96 118.80 Christopher Diaz 95 pp 255854-1 7/26/96 8.55 Danita A Mosley 96 pp 158850-1 7/30/96 43.39 Paul D Karnes N/A Pkng B58108 7/31/96 100.00 Total 1,885.86 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $1,885.86 were approved by the Council of the City of Virginia Beach on the 1 day of October, 1996. surer Appi ved as to form: Ruth Hodges Smith City Clerk L. Litley,bity orne - 17 - itein IV-L I. INTRODUC77ON ITEM # 41284 At the request of Council Strayhorn, Mayor Oberndorf INTRODUCED: Frank H. Stubbs, III Executive Director Urban League of Hampton Roads Mr. Stubbs is a graduate of Harvard University, John F. Kennedy's School of Government with a concentration in Health Policy and Strategic Management. Mr. Stubbs also holds a Doctor of Jurisprudence from the University of Richmond's T.C. Williams School of Law and an undergraduate Bachelor of Science Degree from the College of William and Mary. He has two years experience as a practicing attorney in Richmond and Norfolk and served for seven years as an officer in the United &ates Army holding key administrative positions in Planning and Medical Management. While serving in the Army, Mr. Stubbs was awarded the Bronze Star for Meritorious Action and Outstanding Leadership for the American Rescue Operation in Granada. In addition, he was awarded two Army Commendation Medals and an Air Force Commendation Medal. Currently he serves in the Armed Forces Reserves. October 1, 1996 - 18- Item IV-K.1. APPOINTMENT ITEM # 41285 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: COMMUNITY SERVICES BOARD William J. Brunke Iv, CPA 10/01/96 thru 12/31/99 J. Henry McCoy, Jr., DDS 10/01/96 -12/31/97 Voting: 9-0 Council Members Voting Aye: John A. Baum, HaroldHeischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent: Linwood 0. Branch, III and William W. Harrison, Jr. October 1, 1996 - 19 - Item rV-K2 APPOINTMENT'S ITEM # 41286 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: RESORT AREA ADVISORY COMMISSION (RAAC) William F. Rountree, Jr. Unexpired thru 12/31/98 Voting: 9-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Barbara M. Henley, Louis R Jones, Reba & McCianan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor Wzlliam D. Sessona, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent.- Linwood 0. Brancb, III and William W. Harrison, Jr. October 1, 1996 - 20 - CITY COUNCIL CONCERNS ITEM # 41287 Council Members Baum and Henley referenced the news article in THE VIRGINIAN-PILOT concerning Virginia Beach receiving $100,000 to assist in protecting farmland. The article was not correct. The United States Department of Agriculture has recently made available approximately $30-MILLION nationwide for the implementation of its Farmland Protection Program under which the USDA would pay up to fifty per cent (50%) of the farm market value of conservation easements purchased by state or local governments for the purpose of prohibiting non-agricultural uses of farmland. It has invited proposals for participation in the FPP. Council Members Henley and Baum meet with Louis Cullipher, Director of Agriculture, and Assistant City Attorney William Macali. The Mayor and City Council were advised of problems in the requirements. One such requirement is that participating localities enter into a cooperative agreement delineating the respective rights and obligations of the locality and the USDA. Upon review of the preliminary draft agreement furnished by USDA, it has been determined that it contains a number of provisions which would either prevent City participation or impose an unacceptable measure of federal control over the ARP. In particular, one of the terms of the proposed agreement states that if in the sole judgment of the USDA, the City fails to enforce the restrictions of an ARP easement, the easement would revert to the United States, and the City would be divested of any interest in the land. In such a case, the City would remain liable for payments to the landowner. The City was suppose to approve the Farmland Protection Program September 30, 1996. No one had the authority to agree. The Agricultural Reserve Program would have to be revised. The important thing is to keep faith with the citizens. There are too many strings attached to the $100,000 offer. Messrs Cullipher and Macali made several contacts with the USDA staff and they were unable to negotiate the provision relative the easement reverting to the United States. BY CONSENSUS of City Council, the City Attorney's office shall advise the United States Department of Agriculture, the City will be unable to enter into a cooperative agreement re the Farmland Protecfion Program and delineate the reasons. Louis Cullipher advised the City of Virginia Beach's Agricultural Reserve Program has been selected for an award to be given by the Chesapeake Bay Foundation in Harrisburg, Pennsylvania, on October 10, and 11, 1996. ITEM # 41288 Council Lady Strayhorn expressed concern re lack of information to citizens purchasing homes within the City. Council Lady Strayhorn received petitions containing 623 signatures from residents of "Alexandria ". The realtors had advised these residents there would never be apartments within this community, only single-family development. Council Lady Strayhorn advised 13 acres within this neighborhood have been zoned since 1977 as A-12. There are some fringe areas, which will be coming to the Planning Commission and City Council for rezoning to comply with the A-12. Council Lady Strayhorn requested education of the citizens in this regard Citizens were urged to review the Zoning and land Use Maps in the Planning Department, prior to purchase of homes. Council Lady Strayhorn requested this announcement be publicized October 1, 1996 - 21 - CITY COUNCIL CONCERNS ITEM # 41289 Council Lady Parker referenced correspondence from Martha McClees, Vice President - Governmental Affairs - Chamber of Commerce, to Delegate McDonnell re BPOL tax and its implementation. There appeared to be concern of a year end overlap in the payment. The City Attorney advised this correspondence was referred to the Commissioner of the Revenue. There have been a number of meetings and an attempt has been made to solve the misunderstanding. Councilman Heischober advised the General Assembly changed the due date of the payment. The Commissioner of the Revenue has forwarded many letters explaining the BPOL tax is still based on the previous year and the due date has been changed. However, the Chamber has a different understanding of the legislative intent. Councilman Heischober will be attending a meeting with the Commissioner of the Revenue, Delegate McDonnell and Martha McClees re explanation of this issue. Councilman Heischober will advise Council Lady Parker of the date. ITEM # 41290 Council Lady Parker referenced the approximate 500-word explanation for the Information Packet re the election to determine if there is a need for a Redevelopment and Housing Authority in the City. Council Lady Parker advised the word "condemnation" appears only in the very last paragraph, last sentence. It is explained that this is part of the Housing and Redevelopment process. This is a very powerful tool and the general public needs to be aware of same. The City Attorney advised the condemnation powers the City currently has are for public projects. Council Lady Henley advised what this City Council wants and intends is not binding. She suggested omission of the following sentence: "The Authority could also undertake housing projects; however, City Council has specifically indicated it does not wish to own or operate housing projects." Council Members Heischober and Baum suggested the addition of a sentence delineating "future Council's cannot be bound". A disclaimer shall be added to the explanation. ITEM # 41291 Council Lady Henley referenced correspondence from Dick Powell requesting additional funds in the amount of $50,000 for the portion of the educational building providing the free medical clinic in the Judeo-Christian Outreach Center. Apparently the HUD funds received have not answered this need. Council Lady Henley inquired as to the difference between this facility and the Beach Health Clinic. Council Lady Henley requested the City Manager provide a recommendation. October 1, 1996 - 22 - itom IV-L. NEW BUSINESS ITEM # 41292 Cky Council APPROVED, BY CONSENSUS: City Council Sessions Reschedule: 22 October 1996 to 29 October 1996 Cancel: 5 November 1996 October 1, 1996 - 23 - item IV-M.I. ADJOURNMENT ITEM # 41293 Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 2:58 P.M. Beverly 0. Hooks, CMCIAAE Cluef Deputy City Clerk - -------- --- --- -------------------------- Ruth Hodges &,nitk CMCIAAE Meyera E. Oberndorf City Clerk Mayor City of ktrginia Beach Virginia October 1, 1996