DECEMBER 7, 1999 MINUTESCITY COUNCIL
City ot' Virginia l eaola
"COMMUNITY FOR A LIFETIME"
~,IAYOR MEYERA F OBERNDORF At Largt
~,1( k ~IAYOR WILLIAM D ~LS30,~'IS JR At Larg~
LI,VWOOD 0 BRANCH III Dt~lru t 6 Bea~ h
MARGARET L FURl: DtYtrtct I ( tnttr~dlt
WILLIAM W tt4RRISO~' JR Dt~ttttt 5 I vnnhartn
HAROLD HEISCHOBER At Largt
BARBARA M ItF%rLEY Dt~trtct 7 Pttnrt ~ Annt
lOUIS R JONE~ Dt~t~ttt 4 Bawtdt
REBA ~ 9hCIANAN Dt~trttt ~ Rmelhdl
,%'4NCY K PARKER At Largt
I ~4 fDONJ WFEK~ Dtvtrut 2 Kemp,*die
dAMES K SPORE Cttt 44anago
I ESLIE L LII 1 EY ( try Attorney
RUTtt HODGE$ 3MITH ( ~4( /A4E ( ti¥ Clt tk
CITY COUNCIL AGENDA
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December 7, 1999
I. PRESENTATION
- Conference Room-
10:00 AM
Ao
SPSA- Beyond 2018 [15 mm.]
M~chael J. Barrett, V~ce-Chairman, SPSA
II. CITY MANAGER'S BRIEFINGS
Ao
Bo
Co
COMPREHENSIVE ANNUAL FINANCIAL AUDITED REPORT- FY 6/30/99
Patricia Phillips, Director, Department of Finance
LEGISLATIVE PACKAGE 2000 [15 mm ]
Robert R. Matthias, Assistant to the City Manager
OCEANFRONT TRAFFIC MANAGEMENT PLAN [30 mm ]
Robert Scott, Director, Department of Planning
E. Dean Block, Director, Department of Public Works
[30 m~n ]
III. REVIEW OF AGENDA ITEMS
IV. CITY COUNCIL COMMENTS
V. INFORMAL SESSION
- Conference Room -
12:30 PM
A. CALL TO ORDER- Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION
- Council Chamber -
2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION:
Reverend Christopher Xenakis
Bayside Christian United Church of Christ
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS
November 23, 1999
G. AGENDA FOR FORMAL SESSION
The Consent Agenda will be determtned during the Agenda Review Session and considered tn the
ordinary course of busmess by Ctty Councd to be enacted by one motion.
H. PUBLIC HEARINGS
1. PAVILION EXPANSION ACQUISITION
2. INDEPENDENCE BOULEVARD - Excess Property
I. ORDINANCES
o
Ordinance to APPROPRIATE $1,885,000 from the Tourism Growth Investment Special
Revenue Fund (TGIF) to the PAVILION (CIP #9-255) to purchase property necessary for
the expansion of the existing Conference/Convention Center (BEACH - DISTRICT 6)
.
Ordinance to declare a small parcel of land at 522 South Independence Boulevard as
EXCESS PROPERTY; and, authorize the City Manager execute a special Warranty Deed
and convey the property to the Byler-Ciark Partnership (ROSE HALL- DISTRICT 3)
3. Ordinances to AMEND the City Code:
a. Section 2-226 re updating the list of City Depositories
b. Section 6-116 re surfing
,
Ordinance to ACCEPT and APPROPRIATE $456,320 from the Commonwealth of
Virginia's Virginia Tourism Corporation to the FY 1999-2000 Operating Budget of the
Department of Convention and Visitor Development (CVD) to enhance the marketing of the
City through its participation in the Commonwealth's program; and, estimated revenue from
the Commonwealth be increased accordingly.
.
Ordinance to APPROPRIATE $11,717 from the DEA Seized Property Special Revenue
Fund Balance to the FY 1999-2000 Operating Budget of the Police Department re the final
payment of a telephone system for the Special Investigation Division.
e
Ordinance to TRANSFER $75,000 within the Commissioner of Revenue's FY 1999-2000
Operating Budget to reorganize existing office space and purchase new equipment and
furnishings.
7. License Refunds: $18,679.75
J. RESOLUTIONS
1. Resolutions re issuance by the City of Virginia Beach Development Authority:
a. Industrial Development Revenue Bonds:
(1) LifeNet
(2) Shoreline Apartments, LLC
(formerly Windsor/Holland)
Not to Exceed $ 7,200,000
Not to Exceed $ 4,320,000
b. Multi-Family Rental Housing Bonds:
(1) Princess Anne House Seniors Community, L.P. Not to Exceed $11,000,000
.
Resolution re the City's 2000 Legislative Package and to request the support of the
C~ty's Delegation at the 2000 General Assembly.
.
Resolution re issuance and sale of Stormwater Utility System Revenue Bonds, Series
2000, not to exceed $10,000,000, re improvements and expansions to the City's
Stormwater Utility System.
K. PLANNING
o
Application of BETH SHOLOM TERRACE for the Modification of Condition No. 1
placed on the March 9, 1999 approved apphcation for a Conditional Use Permit to
increase the number of units for an assisted living facility at 6401 Auburn Drive
(CENTERVILLE - DISTRICT 1)
Recommendation:
APPROVAL
.
Application of P. M. GASKINS for an enlargement of a nonconforming use re
construction of a loading/unloading ramp for a recychng facility at 1641 Industrial Park
Road (LYNNHAVEN- DISTRICT 5)
Deferred:
Staff Recommendation:
November 9, 1999
DENIAL
.
Application of ENTERPRISE RENT-A-CAR for a Conditional Use Permit for
automobile rentals on the South s~de of Indian River Road, East of Kempsville Road
(5253 Indian River Road), contaimng 23,696.6 square feet (CENTERVILLE -
DISTRICT 1)
Recommendation:
APPROVAL
.
Apphcation of MARVIN M. ROLLINS, JR., for a Conditional Use Permit for gasohne
sales on the West side of Pnncess Anne Road at its intersection with Morris Neck Road
(601 Princess Anne Road), contaimng 33,065 square feet (PRINCESS ANNE-
DISTRICT 7)
Recommendation:
APPROVAL
.
Application of HOG-POST L.L.C., for a Conditional Use Permit for motor vehicle
sales, service and truck rentals on the East s~de of First Colonial Road beginning at a
point 220 feet more or less North of Virginia Beach Boulevard, containing 41,774 square
feet (BEACH - DISTRICT 6)
Recommendation: APPROVAL
.
.
.
Application of CHARTER BEHAVIORAL HEALTH SYSTEM OF VIRGINIA
BEACH for a Conditional Use Permit for an office building with a dining room for staff
only on the South side of Will-O-Wisp Drive, East of First Colonial Road (1701 Will-O-
Wisp Drive), containing 7 acres (LYNNHAVEN - DISTRICT 5)
Recommendation:
APPROVAL
Applications olD. W. GATLING, INC., T/A ALLSAFE SELF STORAGE on the
North side of McComas Way at the Southern terminus of Strawbridge Road, containing
3.53 acres for: (PRINCESS ANNE- DISTRICT 7)
ao
Change of Zoning from 0-2 Office District to Conditional B-lA Limited
Community Business Distnct
b. Conditional Use Permit for self-storage
Recommendation:
APPROVAL
Application of K & E, LLC, for a Change of Zoning District Classification from B-2
Community Business District and R-5D Residential Duplex District to Conditional B-2
Community Business District and Conditional I-1 Light Industrial District on the North
side of Pnncess Anne Road, West of Bellingham Road (5102 Princess Anne Road),
containing 6.4 acres (KEMPSVILLE - DISTRICT 2)
Recommendation:
APPROVAL
C.
APPOINTMENTS
CHESAPEAKE BAY AREA PRESERVATION AREA BOARD
COMMUNITY SERVICE BOARD (CSB)
FRANCIS LAND HOUSE BOARD OF GOVERNORS
PLANNING COMMISSION
RESORT ADVISORY COMMISSION (RAC)
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC)
VOLUNTEER COUNCIL
WETLANDS BOARD
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
12/03/99BAP
AGENDA\ 12-07-99.
www.vlrglnla-beach.va.us
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 - Telephomc Device for the Deaf)
MINUTES
VIRGINIA BEACH CITY COUNCIL
V~rg~ma Beach, V~rg~ma
December 7, 1999
Counctlman Hetschober called to order the PRESENTATION re SPSA - Beyond 2018 tn the Counctl
Conference Room, Ctty Hall Butldmg, on Tuesday, December 7, 1999, at 10'00 A M
Counctl Members Present'
Ltnwood 0 Branch, III, Margaret L Eure, Harold Hetschober,
Barbara M Henley, Nancy K Parker and A. M "Don" Weeks
Councd Members Absent'
Mayor Meyera E. Oberndorf
Vtce Mayor William D Sessoms, Jr.
Wtlliam W. Harrison, Jr.
Louis R Jones
Reba S McClanan
[REPRESENTING CITY COUNCIL -
Dedtcatton at Plaza Elemental. School
ENTERED 11 10 A M]
[ENTERED 10'35 A M
[ENTERED. 10 28 A M]
[FAMILY VA CA TION]
[REPRESENTING CITY COUNCIL -
Dechcatton at Plaza Elementary School
[ENTERED 11 10 A M]
-2-
PRESENTATION
SPS~4 - BEYOND 2018
I O:OO A. M.
ITEM # 459 79
Mtchael D Barrett, Vtce Chatr- Southeastern Public Service Authority (SPSA), advtsed on June 26, 1999,
he had written the Mayor and Counctl Members concerning strategtc planmng for SPSA At a strategtc
planntng retreat at the AtrfieM Conference Center, one of the items &scussed was the long-term future of
SPSA. The SPSA- Virginia Beach Ash and Residue Contract exptres on December 31, 2015, SPSA's
contracts with the member communities expires on January 24, 2018, and under state law, SPSA 's Itfe
ends on January 24, 2023, tf not extended as provtded by law Prior to his parttctpatton on the Committee,
Mr Barrett worked with Asststant City Attorney Btll Macah, Patrtcta Phtlhps -Dtrector of Ftnance Art
Shaw -Engtneering, and Wade Kyle -Admtntstrator of Soltd Waste, constdemng the important tssues for
Vtrgtnta Beach in terms of the vtabthty of SPSA tn the long term Three principals were developed
Virginia Beach's relationship is different from that of other member
jurisdictions and is governed by a special set of rules.
The City does have an alternative to participation in SPS.4, and that
option is also of great value.
The City would not be opposed to the continuation of the SPS.4
alternative; and, therefore, it is in our interest to work within SPSA to
ensure that it can provide the best and most economical service available
Mr Barrett had requested comments from the City Counctl regar&ng the correctness of these principles
Having heard nothing, these princtples were taken tnto the negotiations As a result the SPSA Board was
advtsed to extend the life of SPS~4, so tt continues as an alternative for locahttes to perform etther water
projects or sohd waste projects tnto the future without the constraint of gotng out of extstence tn 2018 The
commtttee developed two documents related to this issue The.first document was "Special Legislation for
SPS~4 "that requests the General Assembly to change the Code of Vtrginia pursuant to the requtrements for
a member of SPS,4 to wtthdrawfrom membership. The other document was a sample resolutton the SPSA
Board had requested that all eight member jurtsdicttons approve to show support for the SPS.4 Board's
request to the General Assembly Mr Barrett advtsed tt ts the Commtttee's recommendation the City
Council support the special legtslatton requested and place a Resolution on the Formal Agenda for vote
If the localities do not support thts legislatton and tt does not go forward, tt could handicap SPSA in
financtng future improvements Currently Cell 5 was just opened, which ts an ad&tion to the Regional
Landfill This will last to approximately 2010 or 2011 Based upon the extsting contract, SPSA ts going to
have to make some significant improvements or expanstons to the Regtonal Landfilljust to meet the contract
that extsts right now. If they have to finance these tmprovements with 5-year debt rather than 20-year debt,
obvtously the financing wtll be more difficult so the "tipping fee" might even tncrease Thts legtslatton
would allow the flextbtHty to utthze 20-year flnancingfor tmprovements rather than short term financtng
The SPS,4 Board wtll not increase factltties beyond what ts needed for the year 2018, unless the localtttes
tn&cate interest tn extension Thts would affect the method tn whtch SPS~4 deals wtth capactty. Thts
legtslation does not guarantee SPS~4 will continue past the year 2018, it ts only a possibility
Mr Robert Matthias, Asststant to the City Manager, suggested this language be incorporated tn the regular
legtslattve package.
BY CONSENSUS, a Resolutton shall be prepared to be ADDED to the Legtslative Package.
December 7, 1999
-3-
CITY MANAGER'S BRIEFING
COMPREHENSIVE ANNUAL FINANCIAL AUDITED REPORT- FY 6/30/99
10:18 A.M.
ITEM # 45980
Patrtcta Philhps, Director of Ftnance, presented the results of the Comprehensive Annual Financial
Audited Report (CAFR) for FY1999. Thts ts the first year, the Ctty has prepared financtal statements under
the new Financial Management System that was tnstalled tn July 1998 The Auditors agatn presented an
unquahfied optnion. Mrs Phtllips expressed apprectation to Robert Hayes -Ctty Comptroller, Don Barrett-
Deputy Comptroller, Rtchard Lester -Prtnctpal Accountant, Rich Dunford - Debt and Ftnanctal Servtces
Administrator, Nancy Levitt, Morrts Freelon, Ltnda Harris, Arlene Nay, Patricta Porter, Trudy Rogers and
Tony Valentine with spectal apprectation to the Internal Audttor Joanne Grtggs and her staff' Chris Ford,
Ktm Rubin, Gretchen Hudome and Joan Ketth. Joanne's staff saved the City money by performtng many of
the duttes formerly patd to the outstde auchtors.
The CAFR ts orgamzed tnto four basic sections Introduction, Financial, Statistical and Single Audit
(required by Federal Law). The basic flavor of the Ctty is contained in the first 60-70 pages of the report,
which has the combined consolidated financial statements, footnotes and financial trend informatton Wtth
the utihzation of "powerpoint", Mrs. Phillips &splayed the Balance Sheet for the Ctty, wtth over $3 2-
MILLION in assets for the Ctty combtned. The most tnteresttng account ts the General Fund In September
the Ctty had approxtmately $679,000 excess revenue and transfers over budget and thts is now
approxtmately $900,000. Expenchtures are approximately $21.1-MILLION less than Budget or about 4. 3 %.
The Ctty has had an extremely close year on revenues General Government tncludes not only the General
fund, but all those other special revenue funds There was a 4.8% increase general government revenues
overall of whtch a 2.8% increase was in local sources, which ts the single largest source of revenue,
although the Ctty had the smallest growth rate tn thts section. Of the local property taxes increased, general
sales and general property, business licenses and meal taxes increased the most. All others stayed
relattvely stable. The Ctty wtll revtew adjusttng charges for servtces. In September, Mrs. Phthps reported
a much smaller number relative the totalfundbalance. $94.4-MILLIONIess reservations anddesignations
of $38-MILLION leaving an undesignated fund balance of $56.2-MILLION, allowing for a fund balance
pohcy of only 75% (lower than usually matntatned) The Ctty has $3.4-MILLION above that of whtch Ctty
Council used about$1.1-MILLION for Gainsharing.
Mrs Philltps displayed a chart, whtch she usuallypresents to rating agenctes The Fund Balance ts apercent
of the Ctty's revenue and has dechned for 1999. This is a consctous decision as funds were approprtated to
Capital Projects knowtng that now Lake Gaston is in place, the Ctty can afford to matntain a sltghtly lower
fund balance Whtle revenues were less than budgeted, the expenditures were adjusted and the Schools'
reversion was over $1I-MILLION, whtch Counctl reappropriated for Capttal needs for the schools. TGIF
had a fund balance June 30, 1999, of $4.1-MILLION, whtch is about to change. The City has slowed down
tn its growth rate on General Property Taxes. The rate of growth ts slowtng down in some of the major
revenue categories, tncluchng General Property Tax. General Sales Revenue actually increased 5. 6 %. Last
year, General Sales only increased3%. Hotel Room Taxes increased20.5% (6% last year) and Restaurant
and Meal Tax increased 5% this year (6% last year).
December 7, 1999
-4-
CITYMANAGER'S BRIEFING
LEGISLATIVE PA CKA GE 2000
10:32 A.M.
ITEM # 45981
Robert Matthias, Assistant to the City Manager, advised the new addittons tn the package since prevtously
revtewed by Ctty Counctl are the tssues of Dredging of Non-Tidal Wetlands (Tulloch Dredgtng) and the
First Landing State Park Bike Trail.
The Tulloch Dredging was added as per Council Lady Henley's request. The Ctty ts requesttng the return
to status quo prtor to the Court's dectsion Bastcally, the State would have to tncrease tts enforcement of
non-ttdal wetlands ditching. Following a recent court dectsion tnvalidating the "Tulloch Rule ", whtch had
been used to regulate the dratntng of non-ttdal wetlands, large areas of non-tidal wetlands tn certain areas
of Southeastern Vtrgtnia have been dratned and converted into uplands areas, thereby ctrcumventtng the
wetlands permitttng process. The admtnistration of the Commonwealth has declined to take emergency
executtve actton to halt unrestrtcted dratntng of non-ttdal wetlands, stattng that existtng statutes are
msufficient to allow tt to do so. As a result of this unregulated, large-scale converston of non-ttdal wetlands
to uplands, stgntficant adverse environmental impacts have followed The developers were finding out that
Tulloch dredging was very expenstve and not a guarantee their land would become dry. When elected, the
Governor's proposed policy was for a net gain of wetlands in Vtrgtnta and this has not happened
Wetlands are being lost and not replaced with more than is being lost. The National policy is no net loss
and has been for a number of years If acreage can be replaced tn the Chesapeake Bay Watershed, which
ts probably the natron's most important estuary, thts would probably be of great gatn to the Commonwealth.
The General Assembly ts requested to amend the State Water Control Law (Virginia Code Section 62.1-44.2
et seq.) to requtre permtts from the Department of Environmental Quahty for the dratntng of non-tidal
wetlands. Such amendments should restore the status quo by allowing the DEQ regulate the dratmng of non-
tidal wetlands under reasonable standards, but should not absolutely prohtbtt the practice
There has been added a request, as per Councilman Harrison, to fund tmprovements tn expanston of the
First Landing State Park Bike Trail, mainly from Kendal Street to the West Gate of Fort Story This
improvement at First Landing State Park Trail would cost approximately $225,000 The General Assembly
ts requested to provtde $225,000 to repair and extend the First Landing State Park Bike Trail Obvtously
the Ctty wtll sttll attempt to dertve funds from the enhancement program under T21 funding, however, thts
ts a method to have the General Assembly dtrectly fund same. The Ctty has not had success wtth trytng to
obtatn fundtngfrom VDOT because of the perceptton that Vtrginta Beach ts not sertous about utthztng btke
trail funds when grants have been awarded There have been a couple of grants and Ctty Council has not
accepted them i e Pungo Connector, because of netghborhood opposttton and other tssues Mr. Matthtas
chd not beheve there is neighborhood opposttton and thts would be adhertng to the Shore Drive Advisory
Committee recommendation
Another ttem would be a Resolutton added under NEW B USINESS supporttng SPSA 's legislative request,
as previously delineated tn Mr. Barrett's brtefing.
There are problems wtth the repeal of the meals tax. The definitton could cost the Ctty several mtllion
dollars, tf the definition is not changed to be more friendly to the Ctty, this wtll be a htt tn the next fiscal year
of several Milhon. VML has been taking the lead and has some legtslatton drafted whtch would bom the City
harmless. Thts is a major ttem tn the Legislative Package. Senator Stolle' had also referenced the E-911
tax, both wire and wireless Approximately $5-MILLION is collected and approximately $7-MILLION
is expended per year. The Crtme Commisston has been studytng this tssue for approximately the last year.
The Ctty Manager advised tn order to make up the lost revenue, theproperty tax would have to be tncreased
by 2 cents The Governor is propostng to ehminate a lot of local phone taxes, as well as some of the state
taxes Hopefully, the Governor wtll bom the Ctty harmless on the revenue loss, as wtth personal property
tax Rtchmond's phone tax rate ts approxtmately 37 ~%, which ts one of the htghest tn the Untted States.
Vtrginia ts approxtmately 45th of the entire Umted States.
Relattve an analysis of the amount of revenue lost tn State or locahty sales tax through Mad Order and
Internet Sales, Mr Matthtas advtsed thts analysts has not been performed, however, last year there was
approximately SI-BILLION in sales on the Internet and will be $6-BILLION approximately this year
Internet compames usually utilize Express Mad This type of shipptng has increased 405% across the State.
The larger trend for approxtmatelyfifieen or twenty years has been a move from a sales based economy to
a service economy. Senator Hunter Andrews satd the General Assembly ts giving a tremendous number of
exemptions for servtces. Some computer software is tax exempt The Tax Commtsston is working now to
review the whole structure wtth perhaps a modest proposal of lowering the overall tax rate and extendtng
tt into servtces
December 7, 1999
-5-
CITY MANAGER'S BRIEFING
LEGISLATIVE PA CKA GE 2000
ITEM # 45981 (Continued)
The sales part of the tax structure has been very stagnant statewide for a number of years The services
portion ts expan&ng. Council Lady Parker advtsed this was a major issue at the Nattonal League of Cities
Conference. Services of the cittes and states are utilized. The Internet providers have UPS dehver the
materials on the Ctty's roadways. Sales tax ts one of the primary sources of funding of educatton WalMart
is going on the INTERNET Mr. Matthias advised thts tssue would entail major intergovernmental
discussions over the next two years The Governors are spht in their feehngs regardtng thts tssue of sales
tax on the INTERNET.
The City Attorney advised there are a myriad of regulations developed by the State Tax Commissioner
regarding when and when not sales tax can be charged. A sales tax entails one set of regulations, while a
bustness hcense, gross receipts are another set of regulations If the Ctty loses revenue tn these areas, then
the only recourse ts an tncrease tn the real estate tax rate unless the Federal and State wtsh to share some
of their bounty tn income taxes Mr Matthias advised thts message relative the real estate tax rate has been
trytng to get through for a number of years.
Under the Constttution of the Umted States, the Government shall pay 55% of the cost of education. Local
governments are paytng about 60% There ts something wrong there.
December 7, 1999
-6-
CITY MANAGER'S BRIEFING
OCEANFRONT TRANSPORTATION MANAGEMENT PLAN
10:55 A.M.
ITEM # 45982
E Dean Block Dtrector- Department of Pubhc Works, distributed the presentatton materials relative the
OCEANFRONT TRANSPORTATION MANAGEMENT PLAN. In the FY 1998-1999 CIP, the Atlantic
Avenue Trolley Lanes were approved. On December 1, 1998, the Ctty Council APPROVED the development
of the Oceanfront Transportation Plan.
Robert J Scott, Director of Planmng, advised on June 28, 1994, the City Councd ADOPTED the Oceanfront
Resort Area Concept Plan. Subsequent to thts on November 4, 1997, when Ctty Councd ADOPTED the
Comprehensive Plan, thts was included as an element We must devtse a parla'ng and circulation system
armed at servtng this untt (the collectton of oceanfront uses) rather than tts parts Mr. Scott referenced the
Plan's goals
Sh~ gradually toward a transit and pedestrtan ortented transportatton
system
Create an attracttve, wholesome, family resort desttnation
Promote a safe, day and night, year-round resort destination
Relative Parlang and Transtt Service Recommendations, Transit servtce ts an tntegral part of the parking
strategy identtfied tn thts Plan The Parking strategy ts to gradually eltmtnate all the tndivtdual parktng lots
and replace same wtth major parktng factlittes at key locations The Ntnth Street parktng Garage was the
first of those factltties. The Oceanfront Concept Plan tncludes the opportuntty for a stmtlar faciltty tn the
19'n Street Dome Site, Pavilion Area and the Thirty-first Street area Transtt servtce should be reltable,
frequent and provtde direct connections between the parlangfactltttes and the major events and attracttons
tn the resort area. Land use, parking and other elated poltctes affecttng Atlanttc Avenue must gradually
reduce auto trtps and tncrease transtt rtdershtp, pedestrtan movement and economtc development
Informatton relattve the total usage wtth time and day of highest usage relattve the Ninth Street Parking
Garage and the transit service shah be provided
Mr. Block advised the Oceanfront Concept Plan was dissected into fourteen (14) Guiding Objectives:
Reduce Congestion
Reduce Neighborhood Infiltration
Increase Trolley Ridership
Improve Parking Efficiency
Enhance Pedestrian/Bike Environment
Improve Signage
Accommodate Special Events
Adaptability to Off-season
Reduce Auto Trips on Atlantic Avenue
Maintain Access to Business Community
Opportunities for Enhancement (Beach Street)
Cost
Low Cost Pilot Program Feasible?
Adequate Emergency Response.
Mr. Block chsplayed the Project Area bounded by Atlantic Avenue, 42"d Street, Laskin Road, Birdneck Road
and General Booth Boulevard. There have been 17 meettngs andpresentattons conducted wtth stakeholders.
The City staff has analyzed and prepared models on twelve (12) different alternattves. These were narrowed
to four (4) alternattves
ARCTIC/PACIFIC ONE-WAY PAIR IN THE CORE AREA
ALTERNATIVE 1 (with Fountainhead) This alternative consists of
Pacific Avenue as one-way north (3 lanes), with Arcttc Avenue as one-way
north (3 lanes), wtth Arcttc Avenue as one-way south (2 lanes)from 17th
Street to 22"d Street The addtttonal width on Pacific would be used as a
stagtng area for law enforcement. Atlanttc Avenue would operate as two
vehicular lanes of traffic flowing one-way northbound on the north side of
21~t Street up to 42nd Street and one-way southbound on the south stde of
21~t Street south to 9tn Street (Nor, fo& Avenue). The trolley would operate
as tt does today, both northbound and southbound on Atlanttc Avenue
December 7, 1999
-7-
CITYMANAGER'S BRIEFING
OCEANFRONT TRANSPORTATION MANAGEMENT PLAN
ITEM # 45982 (Continued)
Susan Thrasher, Parsons and Brtnkerhoff, advised last Summer the temporary cones were set up so the
trolley would go around the full loop of Rudee However, tt was determined the traffic was not as heavy south
of Ninth Street and the temporary stgns and cones were removed, allowtng the trolley lanes to run with
mixed vehtcles through the loop There ts continual superviston and dispatch to the trolleys and throughout
the eventng to keep a 7 and lO-minute headway between the trolleys Vice Mayor Sessoms advtsed the
trolleys are stuck tn traffic at Rudee Inlet. Mr Block advised thts may have been missed tn the analysts and
thus this analysis was necessary
ARCTIC/PACIFIC ONE-WAY PAIR IN THE CORE AREA
AL TERNA TIVE 2 (Two-way traffic on Atlantic Avenue) This alternattve
consists of Pactfic Avenue as one-way north (3 lanes) with a northbound
dedtcated trolley lane, and Arctic Avenue as one-way south (2 lanes)from
17th Street to 22nd Street To the north and south of the core area, the trolley
would run wtth vehtcular traffic Atlanttc Avenue would operate as a two-
way roadway with one lane tn each dtrectton, a center turn lane and a
southbound trolley lane. The north end of Atlantic Avenue (north of 25th
StreeO would remain as tt ts today, one lane each directton wtth a
southbound trolley lane.
FOUNTAINHEAD ALTERNATIVE 3. Thts alternattve conststs of two
vehicular lanes of traffic on Atlantic Avenue flowtng one-way northbound
on the north stde of 21st Street up to 42"~ Street and one-way southbound on
the south side of 2lst Street south to 9tn Street (Norfolk Avenue). The traffic
flow on Pacific rematns two-way The trolley operates as tt does today,
both northbound and southbound on Atlantic Avenue Thts alternative also
incorporates some tntersection improvements to Pacific Avenue to account
for the change in traffic patterns resulting from the fountainhead traffic
flow on Atlantic Avenue
A TLANTIC/PA CIFIC A VENUE ONE- WA Y PAIR - AL TERNA TE 4:
Thts alternattve converts Atlantic Avenue to one-way north from 9th Street
to 42nd Street and Pact. ftc Avenue to one-way south form 31st to 9t~ Street
Two or three vehtcular lanes tn each dtrectton are proposed A study to
determine the requtred capactty ts currently underway. If two lanes are
used, addtttonal stdewalk/greenspace area would be used to provtde more
area for pedestrians. The trolley runs along both streets tn a designated
lane opposite vehtcular traffic (southbound on Atlanttc Avenue and
northbound on Pacific Avenue). Both Atlantic and Pactfic Avenues will be
two-way south of 9~ Street (Norfolk Avenue). Pactfic Avenue wtll rematn
two-way north of 3 Pt Street (Laskm Road)
Mr Block advtsed an Evaluatton Matrix was prepared to rate the alternatives according to certain specific
objectives
The future action wtll be refer this to RAC for recommendatton based on pohcy goals' Parking System,
Pedestrian and Transit, Family Resort Destination, Integral Transit Service and Gradually Reduce Auto
Trips.
Council Members requested informatton relative the boardwalk tram and tf there ts additional public
parking at 31~ Street.
Mr. Block said the staff wouM be assured all affected citizens wouM be heard relative thts concept.
Mr Scott advtsed the staffbeheves the trams are more ora recreational event than a transportation element
Approxtmately 280,000 riders a week utilize the trolley system The tram system ts not capable of handhng
anywhere near that rtdership.
December 7, 1999
-8-
AGENDA RE VIE W SESSION
12:00 NOON
ITEM ii 45983
1.2
Ordtnance to declare a small parcel of land at 522 South
Independence Boulevard as EXCESS PROPERTY; and, authorize the
City Manager execute a spectal Warranty Deed and convey the
property to the Byler-Clark Partnership (ROSE HALL- DISTRICT 3)
Council Lady Henley inqutred as to why this property was constdered "excess "property as ttjust borders
the Mount Trashmore property. Mr..ltm Lawson - Real Estate advised thts is a portton of property that
borders the entire tract of Mount Trashmore. The whole outer hmits of the tract of Trashmore are owned
by the City The apphcant is trytng to incorporate thts portion tn order to develop an adequate amount of
square footage for an office butldmg.
The City Manager advised this ts a new process. The City Manager said he would recommend the Ctty
Counctl not declare this property excess.
ITEM ii 45984
1.3 Ordinances to AMEND the City Code:
b Section 6-116 re surfing
Vice Mayor Sessoms referenced the request of Councdman Branch and the Croatan Ctvic League to DEFER
this Ordinance until the Ctty Counctl Sesston of January 4, 2000.
ITEM ii 45985
J3 Resolutton re issuance and sale of Stormwater Utility System
Revenue Bonds, Series 2000, not to exceed $10,000,000, re
improvements and expansions to the City's Stormwater Utility
System.
Vice Mayor Sessoms wtll ABSTAIN on this ttem.
ITEM # 45986
A Resolution requesting the General Assembly and Governor of the Commonwealth of Vtrgtma approve
proposed legtslation provtdingfor the extenston of the existence of the Southeastern Pubhc Servtce Authortty
(SPSA) and for the withdrawal of its member localities shall be ADDED to the City Counctl Agenda
ITEM ii 4598 7
BY CONSENSUS, the following stems shall compose the CONSENT AGENDA.
ORDINANCES
1.1
Ordinance to APPROPRIATE $1,885,000 from the Tourism
Growth Investment Spectal Revenue Fund (TGIF) to the
PA VII. ION (CIP ii9-255) topurchaseproperty necessary for the
expanston of the existing Conference/Convention Center
(BEA CH- DISTRICT 6)
1.3 Ordinances to AMEND the City Code
a. Section 2-226 re updating the list of City Depositories
b Section 6-116 re surfing
December 7, 1999
-9-
,4 GENDA RE VIE W SESSION
ITEM # 45988
14. Ordinance to ACCEPTandAPPROPRIA TE $456,320from the
Commonwealth of Virginia's Vtrginta Tourism Corporation to
the FY 1999-2000 Operattng Budget of the Department of
Convention and Visitor Development (CVD) to enhance the
marketing of the Ctty through tts parttcipatton tn the
Commonwealth's program; and, estimated revenue from the
Commonwealth be increased accordtngly
15.
Ordinance to APPROPRIATE $11, 717 from the DEA Seized
Property Special Revenue Fund Balance to the FY 1999-2000
Operating Budget of the Pohce Department re the final payment
ora telephone system for the Special Investigation Division.
16
Or&nance to TRANSFER $ 75, 000 withtn the Commissioner of
Revenue's FY 1999-2000 Operattng Budget to reorganize
existing office space and purchase new equipment and
furntshtngs
1 7 License Refunds: $18,679.75
RESOLUTIONS
J1. Resolutions re issuance by the City of Virginia Beach
Development A uthority:
a Industrial Development Revenue Bonds:
(1) LifeNet Not to Exceed $ 7,200,000
(2) Shoreline Apartments, LLC Not to Exceed $ 4, 320, 000
(formerly Windsor~Holland)
b Multi-Family Rental Housing Bonds:
(1) Princess Anne House Semors Community, L P. Not to Exceed
$1 I, 000, 000
J2.
Resolutton re the Ctty's 2000 Legislative Package and to
request the support of the City's Delegatton at the 2000
General Assembly
,1.3
Resolutton re tssuance and sale of Stormwater Utility System
Revenue Bonds, Series 2000, not to exceed $10,000,000, re
improvements and expanstons to the City's Stormwater Utility
System.
Item 13. b wtll be DEFERRED, BY CONSENT, until the City Council Session of January 4, 2000.
Councilman Harrtson wtll ABSTAIN on Item J. 1.a (2)0 Shoreline Apartments, LLC )
Vtce Mayor Sessoms will ABSTAIN on Item J 3 (Stormwater Uttlity System Revenue Bonds)
December 7, 1999
~10-
AGENDA RE VIEW SESSION
ITEM # 45989 (Continued)
K2 Apphcatton of P. M. GASKINS for an enlargement of a
nonconforming use re construction of a loading/unloading
ramp for a recychng facthty at 1641 Industrial Park Road
(L YNNHA VEN- DISTRICT.5)
Councdman Harrison wished thts item be dtscussed durmg the Formal Sesston The netghborhood ts very
concerned and does not wish this apphcatton DEFERRED INDEFINITELY
ITEM # 45990
K. 4 Application of MAR VIN M. ROLLINS, JR., for a Condittonal
Use Permit for gasohne sales on the West stde of Princess Anne
Road at tts intersection with Morris Neck Road (601 Princess
Anne Road), contatning 33, 065 square feet (PRINCESS ANNE -
DISTRICT 7)
Council Lady Henley advised the Attorney wtshed to discuss one of the condittons
ITEM # 45991
K 5 Application ofHOG-POSTL. L. C.,for a Conchtional Use Permtt
for motor vehicle sales, service and truck rentals on the East stde
of Ftrst Colonial Road begtnntng at a potnt 220feet more or less
North of Virgtma Beach Boulevard, contatning 41,774 square
feet (BEA CH- DISTRICT 6)
Councilman Branch advised thts item should be chscussed during the Formal Session, as there is
OPPOSITION.
ITEM # 45992
K 6. Apphcation of CHARTER BEHAVIORAL HEAL THSYSTEM
OF VIRGINIA BEACH for a Conditional Use Permit for an
Office buildtng wtth a dining roomfor sta[f on!¥ on the South stde
of Wall-O- Wtsp Drive, East ofFtrst Colonial Road (1701 Wdl-O-
Wtsp Drive), contatmng 7 acres (L YNNHA VEN- DISTRICT 5)
Councilman Harrtson advised this ttem will be discussed durtng the Formal Session.
ITEM # 45993
K. 8 Application of K & E, LLC, for a Change of Zoning Distrtct
Classificatton from B-2 CommumtF Business Distrtct and R-SD
Restdential Duplex Dtstrict to Condttional B-2 Communtt_¥
Bustness Distrtct and Condttwnal I-1 Light Industrtal Dtstrtct on
the North side of Prmcess Anne Road, West of Belhngham Road
(5102 Princess Anne Road), containing 6 4 acres (KEMPSVILLE
- DISTRICT 2)
Vtce Mayor Sessoms will ABSTAIN on this ttem.
ITEM # 45994
RECONSIDERATION of the Application of LOTUS CREEK ASSOCIATES for a Variance to Sectton 5B
of the &te Plan Ordinance, Floodplatn Regulattons, to complete a restdenttal development project on
property on Lotus Creek Drive, 270feet South of Camino Real South, contatning porttons of a 232 8 acre
stte (PRINCESS ANNE - DISTRICT 7) (DENIED) 11/23/99 shall be ADDED TO THE FORMAL SESSION
December 7, 1999
-Il-
AGENDA RE VIEW SESSION
ITEM # 45995
BY CONSENSUS, the followtng ttems shall compose the P£ANNING BY CONSENT AGENDA:
K. 1
Apphcation of BETH SHOLOM TERRACE for the
Modification of Condition No. 1 placed on the March 9, 1999
approved application for a Conditional Use Permit to increase
the number of umts for an assisted living facility at 6401 Auburn
Drive (CENTER VILLE - DISTRICT 1)
K. 3
Application of ENTERPRISE RENT-A-CAR for a Condtttonal
Use Permtt for automobde rentals on the South side of Indian
River Road, East of Kempsvdle Road (5253 Inchan River Road),
contaimng 23, 696 6 square feet (CENTER VILLE - DISTRICT 1)
K7.
Applications olD. W. GA TLING, INC., T/A ALLSAFE SELF
STORAGE on the North side of McComas Way at the Southern
terminus of Strawbrtdge Road, containing 3 53 acres for'
(PRINCESS ANNE - DISTRICT 7)
a Change of Zoning from 0-2 Office Dtstrict to Con&ttonal B-IA
Limtted Commumty Business Distrtct
b Condittonal Use Permit for sel~f-storage
K. 8 Applicatton of K & E, LLC, for a Change qf Zontng Dtstrict
Classt_fication from B-2 Communi~ Business Distrtct and R-5D
Restdenttal Duplex Dtstrtct to Conchtional B-2 Communt~_
Bustness Dtstrtct and Condittonal I-1 Light lndustrtal Distrtct on
the North stde of Princess Anne Road, West of Belhngham Road
(5102 Prtncess Anne Road), containing 6. 4 acres (KEMPSVILLE
- DISTRICT 2)
Vtce Mayor Sessoms will ABSTAIN on Item K 8
December 7, 1999
- 12-
MAYOR'S COMMENTS
12:12 P.M.
ITEM # 45996
Mayor Oberndorf apologized for being late to the City Council Session; however, advised the Plaza
Elementary School just dedtcated 7 new classrooms, hbrary and front hall The Mayor, Counctl Lady
McClanan, Dr Jenney and Chairman Dan Edwards attended Dr Jenney was most gracious clartfying the
City Counctl and School Board coordinated as a team to have the 17 schools tn the acttve Capttal
Improvement Program
ITEM # 4599 7
Vice Mayor Sessoms referenced correspondence of the Ctty Clerk of December 2, 1999, relattve
rescheduhng of the January Ctty Counctl Sessions BY CONSENSUS, Ctty Counctl chose not to
RESCHEDULE The City Counctl Sesstons shall rematn
January 4, 1999
January 11, 1999
January 25, 1999
December 7, 1999
-13-
ITEM # 45998
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the City Councd Conference Room, Ctty Hall Buddtng, on Tuesday, December 7, 1999, at
12.14 P M
Council Members Present:
Margaret L. Eure, William W. Harrison, Jr, Harold Heischober,
Barbara M Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf,
Nancy K Parker, Vtce Mayor William D Sessoms, Jr and A M.
"Don" Weeks
Councd Members Absent.
Linwood O. Branch, III, and Louts R Jones
December 7, 1999
- 14-
ITEM # 45999
Mayor Meyera E Oberndorf entertained a motton to permit City Council to conduct tts CLOSED
SESSION, pursuant to Section 2 1-344(A), Code of Virgtma, as amended, for the followtng purpose
PERSONNEL MAITERS' Dtscusston , constderation or tnterviews of
prospective candidates for employment, assignment, appointment,
promotion, performance, demotton, salartes, chsciphning, or restgnatton
of specific pubhc officers, appointees, or employees pursuant to Sectton
2 1-344 (A) (1).
To Wtt' Boards and Commisstons
Chesapeake Bay Preservatton Area Board
Community Servtces Board
Francts Land House Board of Governors
Mmortty Business Council
Planning Commisston
Resort Advtsory Commtsston
Vtrginia Beach Communtty Development Corporatton
Volunteer Councd
Wetlands Board
PUBLICLY-HELD PROPERTY: Dtscusston or constderation of the
conchtion, acquisition, or use of real property for public purpose, or of the
chsposttton of pubhcly-held real property, for chscusston in an open
meettng whtch would adversely affect the bargatntng posttton or
negotiattng strategy of the pubhc body pursuant to Sectton 2 1-344(A)(3)
To-Wit:
Acqutsttion/Dtsposttton of Property - Central Business District
LEGAL MAITERS' Consultation wtth legal counsel or briefings by staff
members, consultants, or attorneys pertatntng to actual or probable
htigatton, where such consultation or briefing in open meetings would
adversely affect the negotiating or httgattngpositton of the public body and
consultation with legal counsel employed or retained by a pubhc body
regarding spectfic matters requiring the provtsion of legal advtce by such
counsel pursuant to Section 2 1-344(A)(7)
To-Wit'
Contractual Negotiation - Central Business Dtstrtct
Upon motton by Vice Mayor Sessoms, seconded by Counctlman Hetschober, City Council voted to proceed
tnto CLOSED SESSION.
Vottng' 9-0
Council Members Vottng Aye
Margaret L. Eure, William W Harrtson, Jr., Harold Hetschober, Barbara
M Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K
Parker, Vtce Mayor Willtam D Sessoms, Jr. and A M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent'
Ltnwood O. Branch, III and Louts R Jones
December 7, 1999
- 15-
FORMAL SESSION
VIRGINIA BEA CH CITY COUNCIL
December 7, 1999
2:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Counctl Chamber, City Hall Budding, on Tuesday, December 7, 1999, at 2 O0 P M.
Council Members Present:
Ltnwood 0 Branch, III, Margaret L Eure, William W. Harrison, Jr.,
Harold Hetschober, Barbara M Henley, Reba S McClanan, Mayor
Meyera E. Oberndorf, Nancy K Parker, Vice Mayor Wdham D
Sessoms, Jr. and A. M "Don" Weeks
Councd Members Absent:
Louis R.. Jones
[FAMILY VA CA TION]
INVOCATION:
Reverend Chrtstopher Xenakis
Bayside Christian United Church of Chrtst
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Mayor Oberndorf advtsed today December 7, 1999, ts PEARL HARBOR DAY Thts htstortcal event
changed the hves of many extraordtnary Americans who entered the War at very young ages to preserve our
democracy Due to the Ctty Council Session, the Counctl Members are unable to join wtth the Veterans of
Pearl Harbor Day in phystcal presence, but do so tn intellectual and emotional presence and wtsh to denote
the Ctty Council's respect and gratttude.
Mayor Oberndorf advised Justin Thatcher, a 14-year old boy has experienced a return of Leukemta after
a 9 ~ year remtssion A request for a bone marrow match was made an on Saturday, December 4th at
Lynnhaven Middle School. Over 1,000 indtvtduals volunteered to have small samples of blood taken tn an
attempt to get a match Mayor and Counctl expressed apprectatton to the unselfishness of the ctttzens
Vice Mayor Sessoms, being a Corporate Officer of Wachovta Bank, ABSTAINED on Item J 3. (Stormwater
Uttltty System Revenue Bonds) and J 8 (K & K, LLC for a Con&ttonal Change of Zomng) and advtsed there
were no other matters on the agenda in which he has a "personal interest", as defined tn the Act, etther
indtvtdually or tn hts capactty as an officer of Wachovta Bank The Vice Mayor regularly makes thts
Dtsclosure as he may not know of the Bank's interest tn any apphcatton that may come before Ctty Counctl
Vtce Mayor Sessoms' letter of January 4, 1999, ts hereby made a part of the record
December 7, 1999
Item VI-E.
-16-
CER TIFICA TION OF
CLOSED SESSION
ITEM # 46000
Upon moaon by Vice Mayor Sessoms, second ed by Councdman Hetschober, Ctty Councd CERTIFIED
THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc business matters lawfully exempted from Open Meeang
reqmrements by V~rgtma law were discussed in Closed Sesston to whtch
this certificaaon resolution apphes,
AND,
Only such pubhc business matters as were ~dentified tn the motion
convemng the Closed Session were heard, &scussed or considered by
V~rgima Beach C~ty Councd
Voting: 10-0
Councd Members Voang Aye
Linwood 0 Branch, III, Margaret L. Eure, Wdham W Harrison, Jr,
Harold Hetschober, Barbara M Henley, Reba S McClanan, Mayor
Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wdham D
Sessoms, Jr. and A M. "Don" Weeks
Councd Members Voting Nay'
None
Councd Members Absent'
Louts R Jones
December 7, 1999
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM # 45999 Pagel 4, 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 Closed 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 Closed Session to
which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council.
~h Hodges S~ith, ~MC/AAE
City Clerk
December 7, 1999
-17-
Item VI-F. 1
MINUTES
ITEM # 46001
Upon motton by Vice Mayor Sessoms, seconded by Councdman Branch, Ctty Counctl APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of November 23, 1999.
Vottng. 10-0
Counctl Members Vottng Aye:
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Harold Heischober, Barbara M. Henley, Reba S. McClanan, Mayor
Meyera E. Oberndorf Nancy K Parker, Vtce Mayor Wtlham D.
Sessoms, Jr. and A. M "Don" Weeks
Council Members Vottng Nay
None
Counctl Members Absent'
Louts R. Jones
December 7, 1999
- 18-
Item VI-G.I.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 46002
BY CONSENSUS, Ctty Counctl ADOPTED:
AGENDA FOR THE FORMAL SESSION
RECONSIDERATION of the Apphcatton of LOTUS CREEK ASSOCIATES for a Variance to Sectton 5B
of the Stte Plan Or&nance, Floodplatn Regulattons, to complete a restdenttal development project on
property on Lotus Creek Drtve, 270feet South of Cam~no Real South, contatntngporttons of a 232 8 acre
stte (PRINCESS ANNE- DISTRICT 7) (DENIED) 11/23/99 shall be ADDED TO THE FORMAL SESSION
December 7, 1999
- 19-
Item VI-H. 1.
PUBLIC HEARING
ITEM # 46003
Mayor Oberndorf DECLARED A PUBLIC HEARING:.
PA VILION EXPANSION A CQ UISITION
There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
December 7, 1999
- 20-
Item VI-H.2.
PUBLIC HEARING
ITEM # 46004
Mayor Oberndorf DECLARED A PUBLIC HEARING::
INDEPENDENCE BOULEVARD - Excess Property
The following registered to speak
Attorney Kathryn Byler Clark, Pender and Coward, 192 Ballard Court, Phone 490-6292 represented the
partnershtp, owners of the adjacent property requesttng declaration of excess property
There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING
December 7, 1999
Item VI-I/J
- 21 -
ORDINANCES/RES OL UTIONS
ITEM # 46005
Upon motton by Vtce Mayor Sessoms, seconded by Councilman Branch, Ctty Council APPROVED IN
ONE MOTION, Ordtnances 1, 2 (DEFERRED), 3a, 3b (DEFERRED), 4, 5, 6, and 7 and Resoluttons la.,
lb and 3 of the CONSENTA GENDA.
Item 2 shall be DEFERRED BY CONSENT, unttl the Ctty Council Sesston of December 14, 1999
Item 3 b shall be DEFERRED BY CONSENT, unttl the City Councd Session of January 4, 2000
Vottng: 10-0
Council Members Voting Aye.
Linwood O. Branch, III, Margaret L Eure, William W Harrison, Jr,
HaroM Hetschober, Barbara M. Henley, Reba S McClanan, Mayor
Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wdham D
Sessoms, Jr. and A M "Don" Weeks
Counctl Members Vottng Nay:
None
Counctl Members Absent
Louis R. Jones
Vtce Mayor Sessoms ABSTAINED on Item J 3 (Stormwater Uttltty System Revenue Bonds, Series 2000)
Councdman Harrison ABSTAINED on Item J 1 a. (2) (Shoreline Apartments, LLC) as hts law firm provides
legal servtces to the applicant
December 7, 1999
- 22 -
Item III-Id.
ORDINANCES/RES OL UTION$
ITEM # 46006
Upon motton by Vice Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED:
Ordinance to APPROPRIATE $1,885,000 from the Tourism Growth
Investment Spectal Revenue Fund (TGIF) to the PA VILION (CIP #9-
255) to purchase property necessary for the expanston of the existing
Conference/Conventton Center (BEACH- DISTRICT 6)
Voting. 10-0 (By Consent)
Council Members Voting Aye'
Linwood 0 Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara 3/1. Henley, Reba S McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker, Vtce Mayor Wilham D
Sessoms, Jr. and A. M "Don" Weeks
Council Members Voting Nay
None
Council Members Absent:
Louis R. Jones
December 7, 1999
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
AN ORDINANCE TO APPROPRIATE $1,885,000 FROM
THE TOURISM GROWTH INVESTMENT SPECIAL REVENUE
FUND TO PROJECT $9-255, CONFERENCE/CONVENTION
FACILITY EXPANSION, TO PURCHASE PROPERTY
NECESSARY FOR THE EXPANSION OF THE EXISTING
CONVENTION CENTER
WHEREAS, on November 9, 1999, the City of Virginia Beach
("City") and Gibson Equipment Company, Inc., ("Landowner") entered
into an agreement, subject to City Council's approval of funding,
in which the City will purchase from the Landowner property that
will permit the future expansion of the existing Convention Center;
WHEREAS, as a result of the agreement, there is a need to
amend the FY 1999-2000 capital budget appropriation ordinance to
appropriate an additional $1,885,000 to Capital Project #9-255,
Conference/Convention Facility Expansion, to fund the property
purchase; and
WHEREAS, the funds needed for the supplemental
appropriation are available in the fund balance of the Tourism
Growth Investment Special Revenue Fund.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That $1,885,000 is hereby appropriated from the fund
balance of the Tourism Growth Investment Special Revenue Fund to
Capital Project #9-255, Conference/Convention Facility Expansion,
to purchase property needed for the expansion of the existing
Convention Center.
28
29
Adopted by the Council of the City of Virginia Beach,
Virginia, on the ? day of December , 1999.
3O
31
Requires an affirmative vote by a majority of the members
of City Council
32 CA7546
33 ORDIN/NONCODE/PAVILION.ORD
34 R-2
35 11-30-99
36 APPROVED AS TO CONTENT:
37
APPROVED AST TO LEGAL
SUFFICIENCY:
c~ity Attorney's Offic'~~
- 23 -
Item }'1-1.2.
ORDINANCES/RES OL UTIONS
ITEM # 46007
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, City Council DEFERRED UNTIL
CITY COUNCIL SESSION OF DECEMBER 14, 1999
Ordinance to declare a small parcel of land at 522 South Independence
Boulevard as EXCESS PROPERTY, and, authorize the Ctty Manager
execute a spectal Warranty Deed and convey the property to the Byler-
Clark Partnership (ROSE HALL- DISTRICT 3)
Voting' 10-0 (By Consent)
Council Members Voting Aye'
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrison, Jr.,
Harold Heischober, Barbara M Henley, Reba S McClanan, Mayor
Meyera E. Oberndorf, Nancy K Parker, Vtce Mayor Wdham D
Sessoms, Jr. and A. M. "Don" Weeks
Councd Members Voting Nay
None
Councd Members Absent
Louts R. Jones
December 7, 1999
- 24 -
Item VIJ.$.a.
ORDINANCES/RESOL UTIONS
ITEM # 46008
Upon motton by Vtce Mayor Sessoms, seconded by Councilman Branch, C~ty Councd ADOPTED:
Ordinance to AMEND Section 2-226 of the Ctty Code re updattng the
list of City Depositories
Vottng'
10-0 (By Consent)
Counctl Members Vottng Aye'
Ltnwood 0 Branch, III, Margaret L Eure, Wilham W Harrtson, Jr.,
Harold Hetschober, Barbara M Henley, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D
Sessoms, Jr. and A M. "Don" Weeks
Counctl Members Vottng Nay
None
Counctl Members Absent:
Louis R. Jones
December 7, 1999
AN ORDINANCE TO AMEND THE CITY CODE TO
UPDATE THE LIST OF CITY DEPOSITORIES
SECTION AMENDED: § 2-226
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 2-226 of the Cmty Code ms hereby amended and
7 reordained to read as follows:
8 Sec. 2-226. City depositories generally.
(a) The city treasurer is authorized to deposmt or cause to
10 be deposited all funds of the city in any of the following lzsted
11 banks or savings and loan associations:
12
(1) Bank of the Commonwealth;
13
(2) T~~ ~^~ ~ First Un~on;
14
( 3 ) Wachovia;
15 (4) BB&T;
16
(5) First Coastal Dank Centura;
17
(6) First Virginia Bank of Tmdewater;
18
(7) Bank of America;
19
(8) Crestar Bank;
2O
(9) Cenit Bank for Savmngs, SFB;
21
(10) Bank of Tidewater;
22
(11) Bank of Hampton Roads;
23
(12) Resource Bank3_=
24
(13) Community Bank;
25
(14) TowneBank.
26
(b) No money shall be deposited in any bank or savings and
27 loan association referred to in this section until the bank or
28 savings and loan assocmation has complied wmth the V~rginma
29 Security for Public Deposits Act, as amended, and other provmsmons
30 of state law.
31
32
33
Adopted by the City Council of the City of Virgznia Beach,
Virginia, on thms 7th day of December, 1999.
34
35
36
37
CA-7547
DATA/OD IN/PROPOSED/02 - 226. ORD
RI
PREPARED: November 29, 1999
- 25 -
Item VIJ.3.b.
ORDINANCES/RES OL UTIONS
ITEM # 46008
Upon moaon by Vice Mayor Sessoms, seconded by Councdman Branch, City Councd DEFERRED
UNTIL THE CITY COUNCIL SESSION OF JANUARY 4, 1999:
Or&nance to AMEND Sectton 6-116 of the City Code re surfing
Voting 10-0 (By Consent)
Council Members Voting Aye.
Linwood 0 Branch, III, Margaret L. Eure, Wilham W Harrison, Jr,
HaroM Hetschober, Barbara M Henley, Reba S McClanan, Mayor
Meyera E Oberndo~ Nancy K Parker, Vice Mayor Wdham D
Sessoms, Jr. and A M "Don" Weeks
Counctl Members Voting Nay
None
Councd Members Absent.
Louis R. Jones
December 7, 1999
- 26-
Item VI-I. 4.
ORDINANCES/RES OL UTIONS
ITEM # 46009
Upon motion by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Counctl ADOPTED:
Ordinance to ACCEPT and APPROPRIATE $456,320 from the
Commonwealth of Vtrgtnta's Vtrgtnta Tourism Corporatton to the FY
1999-2000 Operating Budget of the Department of Conventton and
Visitor Development (CVD) to enhance the markettng of the City through
tts parttcipatton in the Commonwealth's program, and, esttmated
revenue from the Commonwealth be increased accordingly
Votmg 10-0 (By ConsenO
Counctl Members Voting Aye:
Ltnwood O. Branch, III, Margaret L Eure, Wtlham W. Harrison, Jr,
Harold Hetschober, Barbara M. Henley, Reba S. McClanan, Mayor
Meyera E. Oberndorf Nancy K. Parker, Vtce Mayor Wilham D
Sessoms, Jr and,4 M. "Don" Weeks
Council Members Voting Nay.
None
Council Members Absent
Louts R Jones
December 7, 1999
AN ORDINANCE ACCEPTING AND
APPROPRIATING $456,320 IN STATE
FUNDS TO THE FY 1999-00 OPERATING
BUDGET OF THE DEPARTMENT OF
CONVENTION AND VISITOR DEVELOPMENT
TO BE USED TO PROMOTE TOURISM
WHEREAS, the Department of Conventzon and Vmsltor
8 Development ("CVD") has been awarded $456,320 from the Commonwealth
9 of Virginia thzough the Virginma Tourmsm Corporation to enhance the
10 CVD's marketing of the City through its partmcmpation mn the
11 Commonwealth's Cooperative Tourism Advertmsing Program;
12
WHEREAS, CVD recommends that this addmtmonal fundmng for
13 marketing efforts be accepted and appropriated by Czty Council in
14 the amounts set forth below for the City to partmcmpate in the
15 following programs:
16
(a) $31,000 for Ecotourmsm Marketing, a cooperatmve
17 partnershzp between Vmrginma Beach and the Eastern Shore ammed at
18 increasing awareness of the natural beauty and "soft adventure"
19 opportunztzes zn the regmon;
2O
(b) $156,550 for the Family Fun Package, a regmonal
21 vacation package promotion targeting families traveling with
22 children;
23
(c) $77,500 for the cooperatmve per mnqu~ry television
24 advertising program, a partnershmp between Vmrg~nma Beach, the
25 Virginia Tourism Corporatmon and the Metropolitan Washington
26 Airport Authority that is targeted to family travelers and couples;
27
(d) $82,250 for the Splash-O'Solezl, a regional program
28 sold mn Canada throughout the Canadian Automobmle Association CAA)
29 offices ~n Quebec;
3O
(e) $55,800 for the Southeastern Golf Getaway, a regzonal
31 golf vacation promotion that includes rounds of golf and lodging
32 accommodations; and
33 (f) $50,220 for the World Striped Bass Fishing
34 Tournament, a Virginia Beach program promotmng the four-month long
35 striped bass season in the Chesapeake Bay and the Atlantic Ocean.
36
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
37 OF VIRGINIA BEACH, VIRGINIA:
38
1. That funds ~n the amount of $456,320 are hereby
39 accepted from the Commonwealth of V~rgmnia's Vmrgmnma Tourmsm
40 Corporatmon and approprzated to the FY 1999-00 Operatzng Budget of
41 the Department of Convention and Visitor Development for the
42 purposes and mn the amounts as set forth below:
43
(a) $31,000 for particlpatzon in Ecotourmsm Marketing, a
44 cooperative partnership between V~rg~nma Beach and the Eastern
45 Shore aimed at increasing awareness of the natural beauty and "soft
46 adventure" opportunities in the region;
47
(b) $156,550 for participation zn the Family Fun Package,
48 a regmonal vacation package promotion targeting families travelmng
49 with children;
5O
(c) $77,500 for particmpation in the cooperative per
51 inquiry television advertising program, a partnership between
52 Virginia Beach, the Virginia Tourism Corporation and the
53 Metropolmtan Washington Airport Authormty, targeted to fammly
54 travelers and couples;
55
(d) $82,250 for participation in the Splash-O'Sole~l, a
56 regional program sold in Canada throughout the Canadman Automobmle
57 Association (CAA) offices in Quebec;
58
(e) $55,800 for particzpatzon zn the Southeastern Golf
59 Getaway, a regional golf vacation promotmon that includes rounds of
60 golf and lodging accommodations; and
61 (f) $50,220 for participation the World Striped Bass
62 Fishing Touzl~ament, a Virginia Beach program promoting the four-
63 month long striped bass season in the Chesapeake Bay and the
64 Atlantmc Ocean.
65
2. That estimated revenue in the Department of
66 Convention and Vismtor Development's 1999-00 Operatmng Budget is
67 hereby adjusted to reflect $456,320 ~n additional revenue from the
68 Commonwealth of Virginia.
69
70
71
Adopted by the Councml of the City of Virg~nma Beach,
Virginia, on the 7th day of December, 1999.
72
73
Requires an affirmative vote by a majority of members of
City Council.
74
75
76
77
CA7544
DATA/ATY/ORDIN/NONCODE/DEPTOFCONV&VISDEVEL.ORD
R4
December 1, 1999
78 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
79 SUFFICIENCY
80 ~~~, ~~ ._~ ~~//'~'~ ~~5~-- ~s~O~f~fAtto~ey' ce
81 Management ervlces ; // ~;/ i
-27-
Item VIJ.$.
ORDINANCES/RESOL UTIONS
ITEM # 46010
Upon motton by Vice Mayor Sessoms, seconded by Councilman Branch, Ctty Councd ADOPTED:
Ordinance to APPROPRIATE $11, 717from the DEA Setzed Property
Special Revenue Fund Balance to the FY 1999-2000 Operattng Budget
of the Pohce Department re the final payment of a telephone system for
the Special Investigation Division.
Vottng'
10-0 (By Consent)
Council Members Voting Aye'
Ltnwood 0 Branch, III, Margaret L. Eure, Wdliam W. Harrison, Jr,
Harold Hetschober, Barbara M Henley, Reba S McClanan, Mayor
Meyera E Oberndorf, Nancy K. Parker, Vtce Mayor Wtlham D.
Sessoms, Jr and A M. "Don" Weeks
Council Members Vottng Nay
None
Council Members Absent'
Louis R. Jones
December 7, 1999
AN ORDINANCE TO APPROPRIATE $11,717 FROM FUND
BALANCE IN THE DEA SEIZED PROPERTY SPECIAL
REVENUE FUND TO THE FY 1999-00 OPERATING
BUDGET OF THE POLICE DEPARTMENT FOR THE FINAL
PAYMENT OF A TELEPHONE SYSTEM FOR THE SPECIAL
INVESTIGATION DIVISION
WHEREAS, the Police Department's Special Investzgation
8 Division ms responsible for investigations of narcotics, vmce,
9 street gangs, and organized crzminal activity in the community;
10
WHEREAS, proceeds from property seized and forfemted as
11 a result of these investigations can be used to purchase equipment
12 that ensures offmcer safety and allows offmcers to perform their
13 duties with greater efficiency; and
14
WHEREAS, sufficient funds to make the final payment for
15 a telephone system for the Special Investigation Divmsmon are
16 avamlable to be appropriated from the fund balance of the DEA
17 Semzed Property Specmal Revenue Fund.
18
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
19 OF VIRGINIA BEACH, VIRGINIA,
2O
That $11,717 ms hereby appropriated from the fund balance
21 in the DEA Seized Property Specmal Revenue Fund to the FY 1999-00
22 operating budget of the Police Department to provide funds for the
23 final payment for a telephone system needed by the Special
24 Investigation Dlvismon.
25
26 the
Adopted by the Council of the City of Vmrginia Beach, V~rgin~a, on
Seventh of December , 1999
Requires an affirmative vote by a majority of the members of City Councll.
CA7543
DATA/ORDIN/NONCODE/TELEPHONESYSTEMSPECINVEST ORD
R3
DECEMBER 1, 1999
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
Management Service~
Attorney zce
- 28-
Item VI-I. 6.
ORDINANCES/RESOL UTIONS
ITEM # 46011
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, City Councd ADOPTED:
Ordinance to TRANSFER $75,000 wtthin the Commissioner of
Revenue's FY 1999-2000 Operattng Budget to reorganize extsting office
space and purchase new equtpment and furntshtngs
Vottng. 10-0 (By Consent)
Councd Members Voting Aye
Linwood 0 Branch, III, Margaret L Eure, Wilham W Harrison, Jr,
Harold Hetschober, Barbara M Henley, Reba S McClanan, Mayor
Meyera E Oberndo~ Nancy K Parker, Vtce Mayor Wtlham D
Sessoms, Jr and A M. "Don" Weeks
Councd Members Voting Nay
None
Council Members Absent:
Louis R Jones
December 7, 1999
AN ORDINANCE TO TRANSFER $75,000
WITHIN THE FY 1999-2000 OPER3ATING
BUDGET OF THE COMMISSIONER OF THE
REVENUE FOR THE PURPOSE OF
REORGANIZING EXISTING OFFICE SPACE
INTO A MORE PRODUCTIVE WORK
ENVIRONMENT
WHEREAS, the Commissioner of the Revenue ("Commissioner")
9 has maintamned two personnel vacancmes throughout this fiscal
10 year, resultmng in $75,000 of surplus funds;
11
WHEREAS, the Commissioner recommends that these funds be
12 transferred within the Commissioner's 1999-2000 operatmng budget to
13 fund the reorganization of existing office space; and
14
WHEREAS, this reorganization, as well as the purchase of
15 new workstations, is expected to result ~n improved customer
16 service, wmthout requiring addmt~onal staff or space, by increasing
17 the number of counter stations from 11 to 38.
18
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
19 OF VIRGINIA BEACH, VIRGINIA:
2O
That funds in the amount of $75,000 are hereby
21 transferred within the Commissioner of the Revenue's FY 1999-2000
22 operating budget for the purpose of reorganlzzng ex~st~ng off~ce
23 space into a more productive work environment through renovation
24 and the purchase of new equipment and furnishings.
25
26
Adopted by the Council of the City of Vmrginma Beach,
Virginia, on the 7th day of December, 1999.
27
28
29
30
CA7552
ORDIN/NONCODE/OFFICESPACE.ORD
R-4
DECEMBER 1, 1999
31 APPROVED AS TO CONTENT:
32
34 Management r~ices
APPROVED AS TO LEGAL
SUFFICIENCY:
Cmty Attor s Office
Item VIJ. 7.
- 29-
ORDINANCES/RES OL UTIONS
ITEM # 46012
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Cay Council APPROVED:
License Refunds of $18,6 79. 75
Vottng' 10-0 (By Consent)
Councd Members Voting Aye:
Ltnwood O. Branch, IIL Margaret L Eure, Wdliam W Harrison, Jr.,
Harold Hetschober, Barbara M. Henley, Reba S McClanan, Mayor
Meyera E Oberndorf, Nancy K. Parker, Vtce Mayor Wtlltam D
Sessoms, Jr. and A. M "Don" Weeks
Councd Members Voting Nay
None
Councd Members Absent'
Louts R. Jones
December 7, 1999
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE INTEREST TOTAL
YEAR PAID
ACRYLIC DESIGN & FABRICATION INC
ALLEGHENY DESIGN
BEDI JOHN E
BENSON BUILDERS INC
BROTHERS & BROTHERS INC
BUGLE BOY INDUSTRIES INC #65
CAVALIER BOLT & NUT INC
CONSOLVO ERNEST & MARKOWlTZ C
FLASHBACK INC
HAMPTON ROADS FOODS INC
J A REVELL CONSULTING GROUP INC
JALBERT ENVIRONMENTAL INC
MILLER OIL COMPANY INC
RIDLEY ELECTRIC CO INC
RISER SHERRY & JENNINGS
WINNERS TAVERN INC
11/04199 AUDIT 257 55 32 00 289 55
11110/99 AUDIT 80 00 16 33 96 33
11/03/99 AUDIT 15 76 I 05 16 81
11/04/99 AUDIT 108 52 7 23 115 75
11/02/99 AUDIT 240 00 0 00 240 00
11108/99 AUDIT 17 85 2 10 19 95
11103/99 AUDIT 8,047 47 2,126 79 10,174 26
11/04199 AUDIT 10 59 0 00 10 59
1999 11/06/99 150 00 0 00 150 00
11105/99 AUDIT 1,141 93 10 83 1,152 76
11/03199 AUDIT 402 02 53 55 455 57
11/08199 AUDIT 4,433 55 0 00 4,433 55
1999 11/08199 75 00 0 00 75 00
11103199 AUDIT 504 04 75 67 579 71
11/04/99 AUDIT 10 00 0 67 10 67
11/02/99 AUDIT 816 06 43 19 859 25
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling
City of Virginia Beach on the
$18,679.75
Commissioner of the Revenue
C~ty Attorney
were approved by the Council of the
December
day of ,19
Ruth Hedges Smith
City Clerk
- 30-
Item VI-J.l. cr (1.)
ORDINANCES/RES OL UTIONS
ITEM # 46013
Upon motion by Vice Mayor Sessoms, seconded by Councdman Branch, City Council ADOPTED:
Industrtal Development Revenue Bonds:
(1) LifeNet Not to Exceed $ 7,200,000
Voting: 10-0 (By Consent)
Council Members Voting Aye
Linwood 0 Branch, III, Margaret L Eure, Wdliam W Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Reba S McClanan, Mayor
Meyera E Oberndorf Nancy K. Parker, Vice Mayor Wilham D
Sessoms, Jr. and A. M. "Don" Weeks
Councd Members Votmg Nay:
None
Councd Members Absent
Louts R Jones
December 7, 1999
EXHIBIT A
RESOLUTION APPROVING THE ISSUANCE
OF REVENUE BONDS FOR
LIFENET
WHEREAS, the Internal Revenue Code of 1986, as amended (the "Tax Code"), provides
that the highest elected governmental officials of the governmental units having jurisdiction over
the issue of private activity bonds and over the area in which any facility financed with the
proceeds of private activity bonds is located shall approve the issuance of such bonds; and
WHEREAS, the City of Virginia Beach Development Authority (the "Authority") issues
~ts bonds on behalf of the City of Virginia Beach, Virginia (the "City") and the members of the
City Council of the City (the "Council") constitute the highest elected governmental officials of
the City; and
WHEREAS, Section 15.2-4906 of the Code of Virginia of 1950, as amended (the
"Virg~ma Code"), provides that the Council shall within 60 calendar days from the date of the
public heating with respect to industrial development revenue bonds either approve or
disapprove the ~ssuance of such bonds; and
WHEREAS, the Cay of Virginia Beach Development Authority (the "Authority') held a
public hearing on October 19, 1999 with respect to the application of LifeNet (the "Company")
for the issuance of the Authority's industrial development revenue bonds in the amount now
eshmated at $7,200,000.00 (the "Bonds") to assist the Company in financing (A) research and
development costs, (B) working capital and (C) the cost of developing, constructing and
equipping of (i) an approximately 4,500 +/- square foot addition to the Company's facility
located at 5809 Ward Court, Virginia Beach, Virginia and 0i) an additional office, organ
procurement and tissue bank facihty containing approximately 40,000 +/- square feet to be
located on Bayside Road, Virginia Beach, Virginia aJk/a parcel 9-A, City of Virginia Beach
Airport Industrial Park (collectively, the "Project"); and
WHEREAS, following the public hearing held October 19, 1999, the Authority approved
the issuance of the Bonds in an amount now estimated at $7,200,000 for the benefit of the Company
to finance the Project; and
WHEREAS, the Authority has favorably considered the Company's application and a
copy of the Authority's resolution approwng the issuance of the Bonds, subject to terms to be
agreed on, a reasonably detmled summary of the comments expressed at the public heating with
respect to the Bonds and a statement in the form prescribed by Section 15.2-4907 of the V~rg~nia
Code have been filed with the Council, together with the Authority's recommendation that the
Council approve the issuance of the Bonds;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. The recitals made in the preambles to this Resolution are hereby adopted as a part
of this Resolution.
2. The City Council approves the issuance of the Bonds by the Authority to assist in
the financing of the Project for the benefit of the Company to the extent of and
as reqmred by Section 147(0(2) of the Tax Code and Section 15.2-4906 of the
Virgima Code. The approval of the issuance of the Bonds, as required by Section
147(0(2) of the Tax Code and Section 15.2-4906 of the Virginia Code, does not
constitute an endorsement of the Bonds or the creditworthiness of the Company,
but, as required by Section 15.2-4909 of the Virginia Code, 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
monies pledged therefor and neither the faith, credit nor tatung power of the
Commonwealth of Virginia, the City or the Authority shall be pledged thereto.
3. In adopting this Resolution, the City, including its elected representatives,
officers, employees and agents shall not be liable and hereby disclaims all liabihty
for any damages to any person, direct or consequential, resulting from the
Authority's failure to issue the Bonds for any reason.
4. This Resolution shall take effect immediately on its adoption.
Adopted by a quorum of the Council of the C~ty of Virginia Beach, Virginia, on
December 7,
,1999.
60085035/Counc~1 Resolution
APPROVED AS TO
LEGAL SUFFICIEK. CY
VIRGINIA
BEACH
Development Authority
One Columbus Center. State 301)
Virginia Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
F Dudley Fulton. Chmr
Stephen W Burke, Vtce-Chatr
W Brantley Basmght Ill, Secretary
Kenneth D Bareioot, Treasurer
Ehzabeth A "Betsy" Duke
Robert F Hagans, Jr
Robert G Jones
October 19, 1999
The Honorable Meyera E. Obemdorf, Mayor
Members of C~ty Council
Mumclpal Center
V~rg~nla Beach, VA 23456
Re'
LtfeNet, a Vll'glltltt non-profit, non-stock attd non-member corporation
Industrial Development Revenue Bond
Dear Mayor Obemdor£ and Members of C~ty Councd'
We submit thc following in connection with project L~feNet located at 5809 Ward Court in
the C~ty of V~rgm~a Beach, V~rg~ma.
(1) Evidence of publication of the notice of hearing is attached as Exhibit A , and a
summary of the staten'tents made at the public hcanng ~s attached as Exhibit B The C~ty of
Vlrg~ma Beach Development Authonty's (the "Authority") resolution recommending Council's
approval ~s attached as Exhibit C.
(2) The D~sclosure Statement ~s attached as Exhibit D
(3) The statement of the Authonty's reasons for ~ts approval as a benefit for the City of
V~rg~ma Beach and ~ts recommendation that C~ty Councd approve the modfficat~on of the bonds
described above ~s attached as Exhibit E
(4) The Fiscal Impact Statement is attached as Exhibit F
The Honorable Meyera E. Obemdorf, Mayor
Members of City Council
October 19, 1999
Page 2
(5) Attached as Exhibit G is a summary sheet setting forth the type of issue, and identifying
the ProJect and the principals.
(6) Attached as Exhibit H ~s a letter fi'om the appropriate City department commenting on
the ProJect
FDF/GLF/rab
Enclosures
Very truly yours,
Chairman
THE VIRGINIAN-PILOT
NORFOLK, VIRGINIA
AFFIDAVIT OF PUBLICATION
Exhibit A
The Virginian-Pilot
WILLIAMS, MULLEN, CLARK &
ONE COLUMBUS CENTER
DOBBINS, P C., STE 900
VIRGINIA BEACH, VA 23462
REFERENCE. 00028104 Fran Hlldret
A48602409 LIFENET
State of Virginia
City of Norfolk
This day, D Johnson 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 has been published in sa~d newspaper on
the date stated
PUBLISHED ON- 10/06 10/12
TOTAL COST 382 72
FILED ON: 10/15/99
AD SPACE 64 LINE
.o.c, o, w.L,c .b.,.o '~'
_O_.H.P_R_O_I~)~S~ D RlVlNU! BOND IqNANaNG OF THE
..... .el.T/ O.f VI.IGINIA BEACH DiYILOPMENT AUTHORITY
wouce ~ nem~y given that the City ~f Vir~ln,a Beach Development J
Authority (the "Authority") whose address is Suite 300, One Co-
lumbus Center, Virginia Beach, Virginia, will hold a public hearini
at .8~0 a .m_ on T. uesd.ay,..OcTt, ober 1~_, 1999, on the Appltcatior
eno ~qan ot Pmanc~nil of LffeNet (the "uoml~any"), for the Issuanc~
.of .the.A.uthorl.ty~s R..eye_n_ue Bonds pursuant to Chapter 643 of ~thE
~u~...,a~?_m._b,/Y_~ 1764: a_s amend_ed a.n.d supplemented by th~
.,_,y,=L,,m ,.,~ve,oprnen; ano Kev~nue I:lono Act Title 15 2
49 of the Coda of Virginia of 1950 es a---~'--1 ..... '--'
, ,,m~.a~J %ul~ "~cf'), in an
amount not to exceed $7,200,000. to assist the Company in
flnancmng (A) research and development ccet~, (B) worklnil ca Itel
and (C.) ~e. d.eve_l_o~ment., constru.ct, i.on and eqmppm~g of (]~an
approxmrnatemy 4,5u0 4-/- square 1eat addition to the Company's
!a~.llity ! .of4. t. ed a.t 5._809'W.a.rd Cou.rt, V.t,iltna Beach Virillnm, nd
~-'; an aoomona~ ~lCe an~ tmsue ~an~ lacil~, contalmnil ap gxb
mately 40,000 +/- square feet t~ be ocated on Bay Side ~ad,
Vlrgima Beach, Vl~lnia, a/Wa Parcel 9-A, City of Virginia Beach
Airport Industrial Park (collectively, the "Project") As required by
t,,h.~e.Ac.t;.,th,e .Bo_nds .will...not p. ledile .the.credit or taxing power of the
~,,v/o~ v~r~mn~a ueac~, vlr~mma, or the authority, but will be payS. bio
solely from revenues derived from the Company and I~led ~'s-of
those revenues Any parsons Interested in the issuance of the ~onds
or the location or nature of the proposed Project may appear a~l be
heard A copy of the Company's applivaflon is on file and ms open
for Inspection at the Authorlty's office dur nil business hours
City of Vmr~lnla Beach Development Authority
VP October 6 and October ,12, 1999
Subscribed and $~orn ~ before,,me ~n my city and state on the day and year
aforesaid ~his J~ay of
Notary. j~~_ L~~ ~[)~~ My commission expires September 30, 2003
Exhibit A
NOTICE OF PUBLIC HEARING
ON PROPOSED REVENUE BOND FINANCING OF THE
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
Notice is hereby given that the City of Virginia Beach Development Authority
(the "Authority") whose address is Suite 300, One Columbus Center, Virginia Beach, Virgima,
will hold a public hearing at 8.30 a.m. on Tuesday, October 21, 1999, on the Application and
Plan of Financing of LifeNet (the "Company"), for the issuance of the Authority's Revenue
Bonds pursuant to Chapter 643 of the Acts of Assembly of 1964, as amended and supplemented
by the Industrial Development and Revenue Bond Act, Title 15.2, Chapter 49 of the Code of
Virginia of 1950, as amended (the "Act"), in an amount not to exceed $7,200,000 to assist the
Company in financing (A) research and development costs, (B) working capital and (C) the
development, construction and equipping of (1) an approximately 4,500 +/- square feet addition
to the Company's facility located at 5809 Ward Court, Virginia Beach, Virginia, and (2) an
additional office and tissue bank facility containing approximately 40,000 +/- square feet to be
located on Bay Side Road, Virginia Beach, Virginia, a/k/a Parcel 9-A, City of Virginia Beach
Airport Industrial Park (collectively, the "Project"). As required by the Act, the Bonds will not
pledge the credit or taxing power of the City of Virginia Beach, Virginia, or the Authority, but
will be payable solely from revenues derived from the Company and pledges of those revenues.
Any persons interested in the issuance of the Bonds or the location or nature of the proposed
Project may appear and be heard. A copy of the Company's application is on file and is open for
inspectmn at the Authority's office during business hours.
City of Virginia Beach Development Authority
60085035/notm¢ of publt¢ heanng
Exhibit B
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
RECORD OF PUBLIC HEARING ON OCTOBER 19, 1999
(LifeNet Project)
The Chair of the City of Virginia Beach Development Authority (the "Authority")
armounced the commencement of a public hearing on the request of LifeNet (the "Borrower"), and that a
Notice of the Hearing was published once a week for two consecutive weeks in The Virginian-Pilot, a
newspaper having general circulation in the City of Virginia Beach, Virginia (the "City"). Such public
hearing was held not less than six days and not more than 21 days after the second notice appeared in The
Virginian-Pilot. A copy of the Notice and 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 at such public hearing:
C. Grigsby Sclfres, an attorney with Williams, Mullen, Clark & Dobbins, P.C., appeared
on behalf of the Borrower. Mr. Scifres gave a brief description of the proposed financing and explained
that the proposed issuance of bonds (the "Bonds") would be used to assist the Borrower in financing (A)
research and development costs, (B) working capital and (C) the cost of developing, constructing and
equipping of 0) an approximately 4,500 +/- square foot addition to the Company's facility located at 5809
Ward Court, Virginia Beach, Virginia and (ii) an additional office, organ procurement and tissue bank
facility containing approximately 40,000 +/- square feet to be located on Bayside Road, Virginia Beach,
Virginia aYk/a parcel 9-A, City of Virginia Beach Airport Industrial Park (collectively, the "ProJect"). Mr.
Scifres outlined certain benefits inuring to the City and its citizens, including providing for the growing
demand for tissue and organ transplants, an estimated construction payroll of $1,390,000, approximately
100 construction jobs, approximately $32,444 in building permit and other municipal fees paid to the
City, with 200 estimated regular employees on a year round basis with a total annual payroll of
approximately $7,775,000, approximately $1,400,000 of construction material purchased within the City
during construction, approximately $2,500,000 of goods and services purchased per year from Virginia
companies within the locality during operation of the Facility, and approximately $2.500,000 of goods
and services purchased per year from non-Virginia companies within the locality during the operation of
the Facility. Using present tax tables, annual real estate taxes payable to the City are estimated to be
$46,000 and annual personal property taxes are estimated to be $8,500. In addition, Mr. Scifres further
noted that all necessary zoning permits and approvals have been obtained.
Raymond T. St. John, Vice President and Secretary of Borrower, also appeared and made
brief comments further highlighting the points made by Mr. Scifres, as outlined above, and answered
specific questions raised by members of the Authority.
hearing.
No other persons appeared to address the Authority, and the Chair closed the public
The Authority hereby reconnnends that the City Council of the City of Virginia Beach,
Virginia approve the issuance of up to $7,200,000 of industrial development revenue bonds in support 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 meeting at which this
matter can be properly placed on the Council's agenda for hearing.
60085 035/Record of Pubhc Heanng
RESOLUTION
OF
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
WHEREAS, LifeNet, a Virginia non-profit, non-stock and non-member
corporation (the "Company"), which ~s exempt from federal income taxatmn as a charitable
organization pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as amended,
has applied to the Czty of %rginia Beach Development Authority (the "Authority") for
assistance in financing (A) research and development costs, (B) working capxtal and (C) the
development, construction and equipping of (i) an apprommately 4,500 +/- square foot addition
to the Company's fac~hty located at 5809 Ward Court, Virginia Beach, Virginia and (i0 an
additional office, organ procurement and tissue bank facility contmmng approximately 40,000
+/- square feet to be located on Bayside Road, Virginia Beach, Virginia aJlda Parcel 9-A, City of
Virginia Beach Airport Industrial Park (collectively, the "Project"); and
WHEREAS, the Company, in its application, discussions and appearance before
the Authority has described the benefits of the Project to the City of Virginia Beach, Virginia
("City") and the Authority; and
WHEREAS, the Company has requested the Authority to agree to issue its
industrial development revenue bonds ~n the amount now estimated at $7,200,000 00 (the
"Bonds") to finance the costs of Project; and
WHEREAS, the Authority is empowered to issue and sell bonds, lend the -
proceeds of such bonds, and acquire, own, lease, and dispose of properties, and xs vested with all
powers necessary to enable xt to accomplish its purposes, which purposes and powers are
enumerated m Chapter 643 of the Acts of Assembly of 1964, as amended and supplemented by
the Industrial Development and Revenue Bond Act, Title 15.2, Chapter 49 of the Code of
Virginia of 1950, as amended (the "Act"); and
WHEREAS, a public hearing with respect to the Project and the issuance of the
Bonds has been held on October 19, 1999, as required by Section 147(f) of the Internal Revenue
Code of 1986, as amended (the "Code"), and by Section 15.2-4906 of the Act.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA
BEACH DEVELOPMENT AUTHORITY THAT:
1. The Authority finds that (i) the development, construction, equipping and
operation of the Project will increase annual employment, stimulate the local economy and
increase the tax base, (ii) providing financing for the Project will be in the public interest and
will benefit the inhabitants of the City and the Commonwealth of Virginia and (iii) the issuance
of the Bonds will be consistent with the purposes of the Act and the powers of the Authority.
2. To assist the Company with respect to the Project, the Authority agrees to undertake
the issuance of the Bonds in an amount not to exceed $7,200,000.00 on terms and conditions to be
mutually agreed on between the Authority and the Company. The proceeds from the sale of the
Bonds will be loaned to the Company pursuant to a loan agreement and related documents which
will provide payments to the Authority sufficient to pay the principal of and premmm, if any, and
interest on the Bonds and to pay all other expenses in connection with the maintenance of the
Project. The Bonds will be issued in form and pursuant to terms to be set by the Authority, and the
payment of the Bonds shall be secured by, among other collateral, an assignment, for the benefit of
the holders of the Bonds, of the Authority' s rights to payments under such loan agreement and may
be additionally secured by a deed of trust on the Project.
3. It having been represented to the Authority that it is necessary to proceed
immediately with the development, construction and equipping of the Project, the Authority hereby
agrees that the Company may proceed with plans for the Project, enter into contracts for
development, construction and equipping and take such other steps as it may deem appropriate in
connection therewith, provided that nothing herein shall be deemed to authorize the Company to
obligate the Authority without its consent in each instance to the payment of any monies or the
performance of any acts in connection with the Project. The Authority further agrees that the
Company may be reimbursed from the proceeds of the Bonds for all lawful costs so incurred by it
prior to the adoption of these resolutions.
4. The Authority hereby agrees to the recommendation of the Company that Williams,
Mullen, Clark & Dobbins, P.C., Virginia Beach, Virginia, be appointed as bond counsel and hereby
appoints such firm to supervise the proceedings and approve the issuance of the Bonds
5. The Authority hereby agrees, if requested, to accept the recommendation of the
Company with respect to the appointment of a placement agent or underwriter for the sale of the
Bonds and a remarketing agent for the remarketing of the Bonds pursuant to terms to be mutually
agreed on.
,
All lawful costs and expenses in connection with the financing and the development,
construction and equipping of the Project, including the fees and expenses of the Authority, counsel
for the Authority, bond counsel, the placement agent or underwriter for the sale of the Bonds and
the remarketing agent for the remarketing of the Bonds, shall be paid from the proceeds of the
Bonds or by the Company. If for any reason such Bonds are not issued, or such Bonds are issued
but it is determined that a part or all of such costs are not lawfully payable out of Bond proceeds, it
is understood that all such expenses shall be paid by the Company and that the Authority shall have
no responsibility therefore.
7. In adopting this Resolution, the Authority intends to declare "official intent" toward
the issuance of the Bonds within the meamng of regulations issued by the Intemal Revenue Service
pursuant to Sections 103 and 141-150 of the Code, including Section 1.150-2 of such regulations.
8. The Authority hereby recommends that the City Council for the City approve the
~ssuance of the Bonds and hereby directs the Chmr or Vice-Chair to submit to the City Council for
the City the statement in the form prescribed by Section 15.2-4907 of the Act, a reasonably detailed
sununary of the comments expressed at the public hearing required by Section 15.2-4906 of the Act,
and a copy of this Resolution.
9. This Resolution will take effect immediately on its adoption.
The undersigned hereby certifies that the above Resolution was duly adopted by the
Commissioners of the City of Virginia Beach Development Authority at a meeting duly called at
wluch a quorum was present and acting throughout on October 19, 1999, and that such Resolution
~s in full force and effect on the date hereof.
Date: October~_, 1999
60085035/resolution
Exhibit D
DISCLOSURE STATEMENT
Date: November 1, 1999
Applicant:
All Owners
(if different from Applicant):
Type of Application:
LIFENET
None
$7,200,000 Industrial Development Revenue Bonds to assist
Applicant in financing (A) research and development costs, (B)
working capital and (C) the cost of developing, constructing
and equipping of (i) an approximately 4,500 +/- square foot
addition to the Company's facility located at 5809 Ward Court,
Virginia Beach, Virginia and (ii) an additional office, organ
procurement and tissue bank facihty containing approximately
40,000 +/- square feet to be located on Bayside Road, Virginia
Beach, Virginia a/k/a parcel 9-A, City of Virginia Beach
A~rport Industrial Park (collectively, the "Project")
1. The Applicant is a non-profit, non-stock Virginia corporation which has a
determination letter from the Internal Revenue Service granting it charitable organization status
under Section 501(c)(3) of the Internal Revenue Code. See attached Exhibit A for the hst of the
Board of Directors and officers.
2. The Applicant is the owner of the Project.
LIFENET, a Virginia non-profit, non-stock
corporation
By
Ra~mond T//St. Jolm, Vice President
60085 035-D~sclosureStmt
LifeNet
Board of Directors
Richard L. Hurwitz, M.D., Chairman
880 Kempsville Road, Suite 1000
Norfolk, VA 23502
Mr. Douglas E. Prete
Virginia Blood Services
2201 Westwood Avenue
Richmond, VA 23230
Mr. James H. Thrower
13707 Hickory Nut Point
Midlothian, VA 23112
Marc Katz, M.D.
Cardiac Surgical Associates
87605 Forest Avenue, Suite 302
Richmond, VA 23229
John M. Herre, M.D.
DePaul Medical Cemer
150Kingsley Lane
Norfolk, VA 23505
Gerald M. Bowers, D.D.S.
2004 Kurtz Avenue
Pasadena, MD 21122
Gerardo Mendez-Picon, M.D.
Richmond Surgical Group
8921 Three Chopt Road, #300
Richmond, VA 23229
John Cardea, M.D.
Virginia Commonwealth University
MCV Campus
MCV Station, Box 980153
Richmond, VA 23298
Officers
Bill Anderson, President and CEO
LifeNet
5809 Ward Court
Virginia Beach, VA 23455
Raymond T. St. John, Vice President
and Secretary
LifeNet
5809 Ward Court
Virginia Beach, VA 23455
60085035/board of directors
VIRGINIA
Departmen! of
Economic Development
One Columbus Center, Suite 300
V~rg~nm Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
Webstte www v~rgmm-beach va us/deptJecondev
E-mad ecdev@c~tywrg~ma-beach va us
EXHIBIT E
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BONDS
(LIFENET PROJECT), SERIES 1999
The Development Authority recommends approval of the above-referenced financing. The
benefits of the Project to the C~ty include further development and expansion of an organ
p~ocurement and t~ssu¢ bank for transplants providing a much needed service to individuals and
health care prowders tlu'oughout the Commonwealth ofV~rg~ma, ~ncreased and employment ~n the
C~ty of V~rgm~a Beach and increased purchases of goods and services and eqmpment.
Exhibit F
FISCAL IMPACT STATEMENT
DATE:
October 19, 1999
TO:
APPLICANT:
Virginia Beach City Council
LifeNet
TYPE OF FACILITY:
Organ Procurement Organization and Tissue Bank
1 Maximum amount of financing sought
$7,200,000
,
Estimated taxable value of the facility's
real property to be constructed in the
municipality
$3,702,000
3. Estimated real property tax per year
using present tax rates
$46,000
4. Estimated personal property tax
per year using present tax rates
$8,500
o
Estimated merchant's capital (bus~ness
license) tax per year using present
tax rates
o
(a) Estimated dollar value per year of goods that will be purchased
from Virginia Companies within the locality
(b) estimated dollar value per year of goods that will be purchased
from non-Virginia Compames within the locality
(c) estimated dollar value per year of services that will be purchased
from Virginia Companies within the locality
(d) estimated dollar value per year of s$rvices that will be purchased
from non-Virginia Companies within the locality
$50O,OOO
$1,500,000
$2,000,000
$1,000,000
7. Estimated number of regular Employees on year round basis
2OO
8. Average annual salary per employee
$38,875
The information contained in this Statement is based solely on facts and esttmates provxded by the
Applicant, and the Authority has made no independent investigation with respect thereto.
CITY OF VIRGINA BEACH
DEV~~.~ENT AUTHORITY
60085035/FISCAL IMPACT STATEMENT
Exhibit G
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BONDS
1. PROJECT NAME:
LifeNet
2. LOCATIONS:
5809 Ward Court and Bayside Road (Parcel 9A Airport
Industrial Park), Virginia Beach, Virginia
3. DESCRIPTION
OF PROJECT:
Research and development costs, working capital and
building and equipment for organ procurement and tissue
bank
4. AMOUNT OF
BOND ISSUE:
Up to $7,200,000.
5. PRINCIPALS:
See attached list of officers and members of the Board of
Directors
6 ZONING CLASSIFICATION:
ao
Present Zoning
Classification
of the Bayside Road
Property:
M-2 - Light Manufacturing
b. Is rezonlng proposed? Yes ~
No X
c. If so, to what zoning
classification?
do
Present Zoning
Classification of the
Ward Court Property'
M-2-Light Manufacturing
e. Is rezoning proposed? Yes ~
No X
f. If so, to what zoning
classification?
60085035/Summary Sheet (Authority)
Exhibit H
October 19, 1999
Department of
t:x:onom~c Development
One Columbus Center, Suite 300
Virg,ma Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
Webstte www. vzrg,ma-bcuch va.us/dept,'econd¢¥
E-mull ccdev~cityv,rgmm-beach va.us
MI Stephen W. Burke
Ch,urman
V~rginia Beach Development Authority
One Columbus Center, Suite 300
Virginia Beach, VA 23462
Re LifeNet Industrial Revenue Bonds
Dear Steve
It is the finding of the Depa.rtment of Economic Development that the proposed
expansion of LifeNet's ex~stmg facd~ty located at 5809 Wad Court, Vtrg~ma Beach m)d a
proposed 40,000 sq. ft. facd~ty to be located in the City of Virginia Beach Airport Industrial Park
will be tn the pubhc'q best interest and bet~efit the c~uzens of V~rg~nia Beach This proposed
pioject will increase annual employment, stimulate the local economy, increase the tax base, and
provide a valuable service to the c~nzcnt3, in the processing and distribution of tissues and
organ,, for transplm~t, thereby meeting the pubhc purpose test.
will be happy to answer any questions you may have after out mcctmg of October 19itl
S~nccrely,
Mark R. Wawner
Project Development Manager
MRW'IIs
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Item VI-J. 1. a. (2)
ORDINANCES/RES OL UTIONS
ITEM # 46013
Upon motion by Vice Mayor Sessoms, seconded by Councdman Branch, City Councd ADOPTED:
Industrial Development Revenue Bonds:
(1) Shorehne Apartments, LLC Not to Exceed $ 4,320,000
(formerly Wtndsor/Holland)
Vottng. 9-0 (By ConsenO
Counctl Members Vottng Aye'
Ltnwood O. Branch, III, Margaret L. Eure, HaroM Hetschober, Barbara
M Henley, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K
Parker, Vice Mayor Wtlham D. Sessoms, Jr and A. M. "Don" Weeks
Councd Members Voting Nay
None
Counctl Members Abstatmng
Wtlham IV. Harrison, Jr
Council Members Absent'
Louis R Jones
Counctlman Harrtson ABSTAINED as hts law firm provtdes legal services to the apphcant
December 7, 1999
RESOLUTION APPROVING TIIE
ISSUANCE OF REFUNDING REVENUE BONDS
(Shoreline Apartments, L.L.C. Project)
WIIEREAS, the City of Virginia Beach Development Authority (the "Virginia Beach
Authority") has considered the application of Shoreline Apartments, L.L.C., a Virginia limited
liabihty company (formerly Windsor Holland Properties, a Virginia general partnership) (the
"Borrower"), to the Hampton Redevelopment and Housing Authority (the "Hampton Authority")
for the issuance of the Hampton Authority's refunding revenue bonds in an amount not to exceed
$4,320,000 (the "Bonds"), for the purpose of refunding the Hampton Authority's $4,785,000
Variable Rate Multi-Family Rental Housing Refunding Revenue Bonds (Windsor Holland Properties
Project), Series 1992 (the "1992 Bonds"), the proceeds of which were used to refund the Hampton
Authority's $5,000,000 Multi-Family Housing Revenue Bonds 1985 Series A (Windsor tlolland
Properties Project) (the "1985A Bonds"), the proceeds of which were used to finance the cost of the
construction and equipping of a 152-unit multifamily rental apartment housing project located at the
western end of Windsor Oaks West between Mount Traslunore and Holland Plaza Shopping Center
m the City of V~rginia Beach, Virginia (the "Project"), at least twenty percent (20%) of which is for
occupancy by individuals of low or moderate income, and has held a public heanng thereon on
November 16, 1999; and
WIIEI~EAS, the Virginia Beach Authority has requested the City Council (the "Council")
of Virginia Beach, Virgima (the "City") to approve the refunding of the 1992 Bonds and issuance
of the Bonds by the IIampton Authority to comply with Section 147(0(2) of the Internal Revenue
Code of 1986, as amended, and the Treasury regulations issued thereunder; and
WItEREAS, a copy of the Hampton Authority's resolution approving the issuance of the
Bonds, and a copy of the Virginia Beach Authority's resolution recommending approval of the
Bonds by the Council, subject to terms to be agreed upon, and a record of the public hearings held
thereon has been filed with the Clerk of the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF VIRGINIA
BEACII, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia, approves the refunding of the
1992 Bonds and further approves the issuance of the Bonds by the Hampton Authority for the benefit
of the Borrower, to the extent of and as required by Section 147(f)(2) of the Internal Revenue Code,
to permit the Hampton Authority to refund the 1992 Bonds.
2. The approval of the issuance of the Bonds, as required by Section 147(0(2) of the
Internal Revenue Code, does not constitute an endorsement of the Bonds or the creditworthiness of
the Borrower, and fl~e Bonds shall provide that neither the City, the City of Hampton, the Virginia
Beach Authority nor the Hampton Authority shall be obligated to pay the Bonds or the interest
BE-26305 1
!0/27/99
thereon or other costs ~ncident thereto except from the revenues and moneys pledged therefor, and
neither the faith or credit nor the taxing power of the Commonwealth, the City, the City of Hampton,
the Virginia Beach Authority or the Hampton Authority shall be pledged thereto.
3. This Resolution shall take effect immediately upon its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on December 7, 1999.
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 on December m, 1999.
Dated December . , 1999
Clerk, City Council of the City of Virginia Beach
BE-26305 1
10/27199
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Deveiopmcn! Authol
One Columbus Center. State 300
V~rgmaa Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
F Dudley Fulton, Chair
Stephen W Burke, Vtce-Chatr
W. Brantley Basmght Ill, Secretary
Kenneth D Barefoot, Treasurer
Elizabeth A "Betsy" Duke
Robert F ttagans. Jr
Robert G Jones
November 16, 1999
Tile Honorable Mcye~a E Obcrndorl; Mayor
Members of City Council
Municipal Center
V~rginia Beach, VA 23456
Re'
Itampton Redevelopment atul Itouslng Authortty Multtfamtly Houstng Revenue
Refumhng Bonds (Shorehne Apartments, L L C Pro/ecO Sertes 1999 (the "ProJect ")
$4,320,000
Dear Maym Oberndm f and Mclnbms of City Council
We sublnlt thc following m connection with ProJect for Shmellne Apartments, L.L.C, a
Vnguna lmuted habd~ty COlnpany (formerly Windsor Holland Properties, a V~rgm~a general
partnership) (the "Borlowe~") which is located at 4133 Shoreline C~rcle, V~rgmia Beach, Vlrgima.
(1) Evidence of pubhcatmn of thc notice of hearing ~s attached as Exhibit A, and a
summary of the statelnents made at the pubhc hearing is attached as Exhibit B. The C~ty of Virg~ma
Beach Developinent Authorlty's (the "Authority") resolution recomlnendlng Council's approval ~s
attached as Exhibit C
(2) Tile Disclosure Statelnent ~s attached as Exhibit D
The Honorable Meyera E. Oberndorf, Mayor
Members of City Council
Noveinber 16, 1999
Page 2
(3) Tile statement of the Authority's reasons for ~ts approval as a benefit for the City of
V~rg~nia Beach and ~ts recommendation that City Councd approve the ~ssumlce of the bonds for the
Ploject is attached as Exhibit E.
(4) Tile F~scal hnpact Statement IS attached as Exhibit F.
(5) Attached as Exhibit G is a sununaly sheet setting forth tile type of issue, and describing
the Project, whether the ~ssue is a new or refimdmg issue, and setting forth the public purposes to
be served by the ~ssuance.
(6) Attached as Exhibit H is a letter fi'om the appropriate City departlnent commenting on
the ProJect.
(7) Attached as Exhibit I is tile ProJect Location Map.
Very truly yours,
secre r..,ar:/
FDF/GLF/rab
Enclosures
EXIIlBIT A
THE VIRGINIAN-PILOT
NORFOLK, VIRGINIA
AFFIDAVIT OF PUBLICATION
The Virginian-Pilot
.................................................. + ..........................
WILLCOX & SAVAGE, P.C.
PO BOX 61888
VA BEACH, VA 23466
REFERENCE 10047130 Hugh Patters
AT8603209 BOND FINANCING
State of Virginia
City of Norfolk
Th~s day, D Johnson personally appeared before me
and after being duly sworn, made oath that.
1) She ~s affidavit clerk of The V~rg~nlan-Pllot,
a newspaper published by Landmark Communications
Inc , ~n the C~tles of Norfolk, Portsmouth,
Chesapeake, Suffolk, and V~rg~nia Beach, State of
Virginia 2) That the advertisement hereto
annexed has been published in said newspaper on
the date stated
PUBLISHED ON 11/02 11/09
TOTAL COST 669.76
FILED ON
AD SPACE: 112 LINE
,i ~e ~m au~r~
.... B _ . ers $4,785,~ Varli~e
H~sm R ~u,~,~
. _ J e~nue 8~ds 1985 Series
~t or ~e const~b~
~5~ umt mUltlfamily rental apadment housJ~
, . _ P S n the C~
v,im)a (me "~rOlKt' ), ~enly ~rMnl
~upan~ ~ ~v~duals of I~
T~ ~ua~e ~ the refundlnl re~nue
S~hne A~men~, L L C, a Vir~m~a hmlt~
~lp) will
~h ......... · ~ea~n
~. ~ ~.hgat~ Io p~y ti~e ~s. of the Inler~
~m J~loen~l thereto, ex.pt from the
T~Jc h~r~. w~lch may ~
- ~Y. ~ ~s ~nter, Su~te
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ne aaa~ Ina prl~l~l place ~b~i~
~n~. L L Cfs 4224 Hollln~ R~d Susie
V~mm 23452
11/12/99
Legal Affiant...
Subscribed and swj~rn t~ efor~me .mn my city and state on the day and year
aforesald, t~ls.~ day of ~(~O ' ·
Notary ~~.~~~" My commission expires Septe~er 30, 2003
NOTICE OF PUBLIC HE~NG
ON PROPOSED REFUNDING REVENUE BOND FINANCING
BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
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 not to exceed $4,320,000 of the
Hampton Redevelopment and Housing Authority's (the "Issuer") Multifamily Housing Revenue
Refunding Bonds (Shoreline Apartments, L.L.C. Project) Series 1999 pursuant to a plan of
financing and the approval of such bonds by the Authority and by the City Council of Virginia
Beach, Virginia (the "Council"). The bonds will be ~ssued under the authority of the Virginia
Housing Authoriues Law (Chapter 1, Title 36 of the Code of Virginia of 1950, as amended), for
the purpose of refunding the Issuer's $4,785,000 Variable Rate Multi-Family Rental Housing
Refunding Revenue Bonds (Windsor Holland Properties Project), Series 1992 (the "1992 Bonds"),
the proceeds of which were used to refund the Issuer's $5,000,000 Multi-Family Housing Revenue
Bonds 1985 Series A (Windsor Holland Properties Project) (the "1985A Bonds"), the proceeds
of which were used to finance the cost of the construction and equipping of a 152-unit multifamily
rental apartment housing project located at the western end of Windsor Oaks West between Mount
Trashmore and Holland Plaza Shopping Center in the City of Virginia Beach, Virginia (the
"Project"), twenty percent (20%) of which is for occupancy by individuals of low or moderate
income.
The issuance of the refunding revenue bonds as requested by Shoreline Apartments,
L.L.C., a Virginia limited liability company (formerly Windsor Holland Properties, a Virginia
general partnership) will not be deemed to constitute a debt or pledge of the faith and credit of the
Comrnonwealth of Virginia or the City of Virginia Beach, Virginia. Neither the Commonwealth
of Virginia nor any political subdivision thereof, including the Authority, the Issuer, the City of
Hampton, Virginia and the City of Virginia Beach, Virginia, shall be obligated to pay the bonds,
or the interest thereon, or other costs incidental 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, November 16, 1999 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 the Authority, c/o the Secretary of the Authority, One Columbus Center,
Suite 300, Virginia Beach, Virginia 23462. The address and principal place of business of
Shoreline Aparunents, L.L.C. is: 4224 Holland Road, Suite 104, Virginia Beach, Virginia 23452.
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
BI-26237 1
10126199
Exhibit B
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
RECORD OF PUBLIC HEARING
(Shoreline Apartments, L.L.C. Project)
The Chairman of the City of Virginia Beach Development Authority (the "Authority")
announced the commencement of a public hearing on the request of Shoreline Apartments, L.L.C.,
a Virginia limited liability company (formerly Windsor Holland Properties, a Virginia general
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 fourteen (14) days prior to the hearing and the second
publication being not more than twenty-one (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 C~ty Council of the City of Virginia Beach.
The following individuals appeared and addressed the Authority:
Mr. Hugh L. Patterson appeared on behalf of the Borrower. Mr. Patterson gave a brief
description of the Project (below defined). He explained that this was a refunding of the Hampton
Redevelopment and Housing Authority's (the "Issuer") $4,785,000 Variable Rate Multi-Family
Rental Housing Refunding Revenue Bonds (Windsor Holland Properties Project), Series 1992 (the
"1992 Bonds"), the proceeds of which were used to refund the Issuer's $5,000,000 Multi-Family
Housing Revenue Bonds 1985 Series A (Windsor Holland Properties Project) (the "1985A Bonds"),
the proceeds of which were used to finance the cost of the construction and equipping of an 152-unit
multifamfly rental apartment housing project located at the intersection at the western end of Windsor
Oaks West between Mount Trashmore and Holland Plaza Shopping Center in the City of Virginia
Beach, Virginia (the "Project"). He related that the Project was completed in 1986 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- 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 December 28, 1999.
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.
BE-26308 I
10/27/99
RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT
AUTtlORITY (SHORELINE APARTMENTS, L.L.C. PROJECT)
WIIEREAS, there has been presented to the Hampton Redevelopment and Housing
Authority (the "Hampton Authority") by and on behalf of Shoreline Apartments, L.L.C., a Virginia
hmned liability company (formerly Windsor Holland Properties, a Virginia general partnership) (the
"Company"), its plans to refinance the Hampton Authority's $4,785,000 Variable Rate Multi-Family
Housing Refunding Revenue Bonds (Windsor Holland Properties Project), Series 1992 (the "1992
Bonds"), the proceeds of which were used to refund the Hampton Authority's $5,000,000 Multi-
Fanuly Housing Revenue Bonds, 1985 Series A (Windsor Holland Properties Project) (the "1985A
Bonds"), the proceeds of which were issued to finance the cost of construction and equipping of an
152-unit multi-family residential rental project located at the western end of Windsor Oaks West
between Mount Trashmore and Itolland Plaza Shopping Center in the City of Virginia Beach,
Virginia (the "Project"); and
WtlEREAS, in connection with the issuance of the 1985A Bonds, the City of Virginia
Beach invited and encouraged the Hampton Authority to issue its revenue bonds for the benefit of
the City of Virgima Beach and the Company and found that the issuance of such bonds would
provide needed housing units in that City; and
WItEREAS, the Company has described to the Hampton 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, at least twenty percent (20%)of which is for occupancy by individuals of low
or moderate income, and has requested the Hampton Authority to agree to issue its refunding
revenue bonds pursuant to the Virginia Housing Authority Law (Chapter 1, Title 36 of the Code of
Virg~ma of 1950, as amended) (the "Act"), in the principal amount not to exceed $4,320,000 to
refinance the Hampton Authonty's 1992 Bonds; and
WtlEREAS, the City of Virginia Beach Development Authority (the "Virginia Beach
Authority") has considered the application of the Company to the Han~pton Authority for the
issuance of the Hampton Authority's Bonds to assist ~n the refinancing of the Project in the City of
Virginia Beach, Virginia; and
WHEREAS, a notice of public hearing has been published in a newspaper of general
circulation in the Cities of Hampton and Virginia Beach, Virginia, and the Virginia Beach Authority
has thts date held a public hearing, all in accordance with the provisions of Section 147(0(2) of the
Internal Revenue Code of 1986, as amended, the Treasury regulations issued thereunder and Section
15.2-4906, Code of Virginia, 1950, as amended, and other applicable laws of the Commonwealth
of Virginia.
NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY:
BE-26278 1
10/26199
1. After considering the Company's application to the Hampton Authority for revenue
bond financing in a public hearing pursuant to proper notice, all as provided in Section 147(0(2) of
the Internal Revenue Code of 1986, as amended, and the Treasury regulations issued thereunder and
applicable laws of the Commonwealth of Virginia, the Virginia Beach Authority hereby finds and
determines that the issuance of the Bonds to refund the 1992 Bonds, the proceeds of which were used
to refund all or a portion of the 1985A Bonds, the proceeds of which were used to provide financing
of a portion of the cost of the acquisition and construction of the Project located at the western end
of Windsor Oaks West, between Mount Trastunore and Holland Plaza Shopping Center in the City
of Virginia Beach, Virginia, will assist the Company in continmng its provision of additional
housing opportunities for citizens of Iow or moderate income, will be a benefit to the City of
Virginia Beach, Virginia and will be consistent with the general purposes of the Hampton Authority
and the Act.
2. The Virginia Beach Authority hereby recommends that the City Council of the City
of Virginia Beach, Virginia approve the issuance of the Bonds by the Hampton Authority and directs
the Chairman of the Virginia Beach Authority to transmit the Fiscal Impact Statement and a copy
of this resolution to the Council of the City of Virginia Beach.
3. The proper representative of the Virginia Beach Authority is hereby authorized and
directed to transmit this recommendation to the members of the City Council of the City of Virginia
Beach, V~rguua at ~ts next regular or special meeting at which this matter can be properly placed on
the City Council's agenda for hearing
Adopted this 16th day of November, 1999
CITY OF VIRGINIA BEACII DEVELOPMENT
AUTHORITY
Secretary
BE-26278 1
10126199
~xhibit D
DISCLOSURE STATEMENT
Date: November 1:5. ! c)99
Applicant's Name(s): Shoreline Apartments. L.L.C.. a Virginia limited liability_ company (formerly Windsor
Holland Propemes. a Virginia general p~nershipl
All Owners (tf different from apphcant):
Type of Application:
Rezoning: From
Conditional Use Permit:
Street Closure:
To
Subdivision Variance:
Other. Refunding Bond ls~tl~
The following is to be completed by or for the Applicant:
I. If the apphcant ~s a CORPORATION, list all the officers of the Corporanon:
If the applicant ~s a PARTNERStIIP, FIRM or other Unincorporated Organization, list all members or
partners m the organization:
Howard M. Weisberg. Nancy L. Clark. Mvron J. Cohen. General Investors Reo. I _B' Associates and
Lee D, Cohen, Meml~r~ ....
The following is to be completed by or for the Owner (tfdtfferentfiom the apphcant)
If the owner ts a CORPORATION, list ali the officers of the Corporation'
If the owner ~s a PARTNERSHIP, FIRM or other Unincorporated Orgamzat~on, list ali members or partners
in the organlzaUon:
SHORELINE APARTMENTS, L.L.C., a Virginia limited
liability company
(SEAL)
BE-26378 1
!0128199
VIRGINIA
BEACH
Developmenl Aulhonly
One Columbu~ Center. State 300
V~rgima Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
EXHIBIT E
F Dudley Fulton, Chmr
Stephen W Burke, V~ce-Chmr
W Brantley Basmght III. Secretary.
Kenneth D Barefoot. Treasurer
Ehzabeth A "Betsy" Duke
Robert F tlagans. Jr
Robert G Jones
HAMPTON REDEVELOPMENT AND HOUSING AUTHORITY
MULTIFAMILY HOUSING REVENUE REFUNDING BONDS
(SHORELINE APARTMENTS, L.L.C. PROJECT)
SERIES 1999
The Authority recommends approval of the captioned finanmng. The Shorehne Apartments facihty
(the "Project") was bruit in 1986 and publtc approval was g~ven prior to the ~ssuance of the original
financing tn 1985. The approval ~s being renewed at flus hme as technically reqmred by the Internal
Revenue Code because the weighted average life of the bonds is being extended. The original
benefits of tins Project - the provision of safe, attractive and sanitary housing for low to moderate
~ncome families within the C~ty of V~rg~ma Beach - continue to be the basis for recommendation.
The refinancing will preserve and extend the restrictions placed upon the property when the ~nittal
bond financing was entered ~nto m 1985, thereby assuring the City of Virg~ma Beach that the
benefits of the income restrictions applicable to these apartments w~ll continue.
F~hibit F
FISCAL IMPACT STATEMENT SUBMITTED TO
CITY OF VIRGINIA BEACII DEVELOPMENT AUTHORITY
(Shoreline Apartments, L.L.C. Project)
Date: November 15, 1999
The undersigned applicant, in order to permit the Chairman of the Industrial Development Authority of the City of
Norfolk, to submit the following informationin compliance with Section 15.2-4907 of the Code of Virg~ma of 1950, states:
Name of Applicant:
Shoreline Apartments, L.L.C, a Virginia limited liability company (formerly Windsor l lolland
Properties, a Virginia general partnership)
Facility.
A 152-unit multifamily rental apartment housing project located at the western end of Windsor Oaks West
between Mount Trashmore and Holland Plaza Shopping Center in the C~ty of Virgima Beach
I. Maximum amount of financing sought:
$4,320,000
Estimated taxable value of the facility's
real property to be constructed in the
City of Virginia Beach
$8,010,468
Estimated real property tax per year
using present tax rates
$ 97,727
Estimated personal property tax per
year using present tax rates
$ 450
Estimated business hcense tax per year
using present tax rates
$ 427*
6.a
Estimated dollar value per year of goods
that will be purchased from Virginia compames
within the locality
$ 125,000
6b
Estimated dollar value per year of goods that
will be purchased from non-Virginia companies
within the locality
$ 31,000
6¢.
Estimated dollar value per year of services that
will be purchacsed from Virginia companies
w~thin the locahty
$ 19,800
6d
Estimated dollar value per year of services that
will be purchased from non-Virginia compames
within the locality
$ 2,300
Estimated number of regular employees
on year round basis
8 Average annual salary per employee
$ 18,000
SHORELINE APARTMENTS, L L C.
*Portion attributed to this specific property only
BE-26319 I
SUMMARY SHEET
I.
4
5.
HAMPTON REDEVELOPMENT AND HOUSING AUTHORITY
MULTIFAMILY HOUSING REVENUE REFUNDING BONDS
(SHORELINE APARTMENTS, L.L.C. PROJECT)
SERIES 1999
PROJECT NAME:
LOCATION'
DESCRIPTION OF PROJECT.
AMOUNT OF BOND ISSUE:
Shoreline Apartments, L.L.C. Project
4133 Shoreline Circle
Virgmta Beach, Virginia 23452
Refinance the Hampton Redevelopment and Housing
Authonty's (the "Issuer") $4,785,000 Variable Rate Multi-
I:amlly Rental Housing Refunding Revenue Bonds
(Windsor H~!!and Properties Pr.oject), Series 1992 (the
"1992 Bonds ), the proceeds of which were used to refund
~he issuer's $5,000,000 Multi-Family Housing Revenue
I~onds 1985 Series A (Windsor Holland Properties Project)
(the "!985A Bonds"), the proceeds of which were used to
I]nance the cost of the construction and equipping of a
multi£amily rental apartment housing project located at the
western end of Windsor Oaks West between Mount
Frashmore and Holland Plaza Shopping C?,nter in the City
~,£ V~rgmm Beach, V~rginia (the "Project' )
$4,320,000
PRINCIPALS:
I toward M. Welsberg
Nancy L. Clark
Myron J. Cohen
General Investors Realty Associates
I~ee D Cohen
ZONING CLASSIFICATION.
a.
b.
Present zoning classification
of the Property' A-18
Is rezoning proposed? Yes
If so, to what zoning
classification? N/A
No X
The Authority recommends approval the captioned financing. The Project was built in 1986 and public
approva.! was given prior to the ~ssuance 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 originalbencfits of this Project - the provision of safe, attractive and
sanitary housing for-low to moderate income families w~thin the City of Virg[inia Beach - continue 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 ~n 1985, thereby assuring the City o~'Virgima Beach that the
benefits of the income restrictions applicable to lhese apartments will continue.
BE-26320 IIWWH NS
10125/99
DEPARTMENT OF HOUSING AND
NEIGHBORHOOD PRESERVATION
(757) 426 5750
FAX (757) 426 5766
TDD (757} 426 5794
CODE ENFORCEMENT DIVISION
(757) 427 4421
MUNICIPAL CENTER
BUILDING 18A
2424 COURTHOUSE DRIVE
VIRGINIA BEACH VA 23456 9083
November 03, 1999
Chairlnan, V irgima Beach, Development Authority
One Colulnbus Center, Suite 300
Virginia Beach, VA 23462
FAX//499-9894
Gary Fentress, Esq
Office of the City Attorney
Mumcipal Center
FAX/4 563-1167
liE:
Evaluation of Public Benelit
Shoreline Apartments, LLC Bond Financing Application
Refl~nding Bond Issue
152 Ullil muitifamily housing
VBDA Agenda November 16, 1999
I have reviewed tile lntbrmation p~ovided regarding tile above zcfelellced project. Ill my opinion a
public benefit ns achieved by enstu mg that the 20% set astde for occupancy by mdzviduals of low
or lnoderate ii,come will be extended as a result of the refunding revenue bond financing.
Please let mc kno~v if you need anytlung further regmdzng this issue Thank you
Szncerely,
/~k~rcw qq'ledman
D~z cctor
Proud Rectptent of the 1998 U.S Senate Medalhon of Excellence for Productivity and Qjtality in the Public Sector
- 32 -
Item VI-J.l.b. 1.
ORDINANCES/RESOL UTIONS
ITEM # 46015
Upon motton by Vice Mayor Sessoms, seconded by Counctlman Branch, Ctty Councd ADOPTED:
Multi-Family Rental Housing Bonds:
(1) Princess Anne House Seniors Community, L.P.
Not to Exceed $11,000,000
Vottng' 10-0 (By Consent)
Councd Members Voting Aye'
Linwood O. Branch, III, Margaret L. Eure, Wdham W. Harrison, Jr.,
HaroM Hetschober, Barbara M Henley, Reba S McClanan, Mayor
Meyera E Oberndorf, Nancy K. Parker, Vtce Mayor Wdham D.
Sessoms, Jr. and A M. "Don" Weeks
Council Members Voting Nay.
None
Council Members Absent:
Louts R Jones
December 7, 1999
A regular meeting ofthe City Council of the City of Virginia Beach, Virginia}, was held
i~et~b~~ Counc~ Chambers in the City of Virginia Beach, Virginia, on the~ day of
., 199 , the following resolution was adopted by the following vote:
Name
Linwood O. Branch, III
Margaret L. Eure
William W. Harrison, Jr.
Harold Heischober
Barbara M. Henley
Reba S. McClanan
Mayor Meyera E. Oberndorf
Nancy K. Parker
Vice Mayo~ William D. Sessoms, Jr.
Vote A. M. "Don" Weeks
Aye
Aye ABSENT: Louis R. Jones
Aye
Aye
Aye
Aye
Aye
Aye
RESOLUTION APPROVING ISSUANCE OF MULTI-FAMILY RENTAL HOUSING
REVENUE BONDS FOR
PRINCESS ANNE HOUSE SENIORS COMMUNI'rY, L.P.
Aye
Aye
WHEREAS, on November 16, 1999, the City of Virginia Beach Development
Authority (the "Authority") considered the application of Princess Anne House Seniors
Community, L.P., a Virginia limited partnership (the "Company"), for the issuance of the
Authority's multi-family rental housing revenue bonds in an amount not to exceed
$11,000,000 (the "Bonds") to assist the Company in acquiring, constructing and equipping,
for multifamily rental housing for elderly persons of Iow to moderate income, the property
situated at the northeast corner of the intersection of Princess Anne Road and Baxter
Road, located approximately 150 feet northwesterly from Baxter Road, in the City of
Virginia Beach, consisting of 3 one-bedroom, one bathroom apartments, and 183 two-
bedroom, one bathroom apartments units (such acquisition, construction and equipping
is the "Houmng Project"), such facility to be owned and operated by the Company, and the
Authority held a public hearing thereon and adopted an inducement resolution for such
facility;
WHEREAS, the Internal Revenue Code of 1986, as amended, provides that the
highest elected governmental officials of the governmental units having jurisdiction over
the issuer of industrial development bonds and over the area in which any facihty financed
with the proceeds of industrial development bonds is located shall approve the issuance
of such bonds;
WHEREAS, the Authority issues its bonds on behalf of the City of Virginia Beach,
Virginia (the "City"), the Project is to be located in the City and the members of the City
Council of Virginia Beach constitute the highest elected governmental officials of the City;
WHEREAS, Section 15.2-4906 ofthe Code of Virginia of 1950, as amended,
provides that the Council shall within 60 calendar days from the public hearing with respect
to revenue bonds either approve or disapprove the issuance of such bonds;
WHEREAS, a copy of the Authority's Inducement Resolution, approving the
issuance of the Bonds, subject to terms to be agreed upon, a reasonably detailed summary
of the comments expressed at the public hearing with respect to the Bonds and a fiscal
~mpact statement in the form prescribed by Section 15.2-4907 of the Code of Virginia of
1950, as amended, have been filed with the City Council, together with the Authority's
recommendation that the City Council approve the issuance of the Bonds and authorize
the City Manager, if and to the extent necessary in the opinion of the Authority's counsel,
to submit an application to the Virginia Small Business Financing Authority requesting an
allocation of $11,000,000.00 pursuant to Title 15.2, Chapter 50 of the Code of Virginia of
1950, as amended with respect to the issuance of the Bonds;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. The recitals made in the preambles to this Resolution are hereby adopted as
a part of this Resolution.
2. The City Council of Virginia Beach, Virginia, hereby approves the issuance
of the Bonds by the Authority in an amount not to exceed $11,000,000.00 to assist in the
financing of the acquisition of the Project, for the benefit of the Company, to the extent
required by the Internal Revenue Code of 1986, as amended (the "Code") and Section
15 2-4906 of the Code of Virginia of 1950, as amended (the '~/irginia Code").
3. The approval of the issuance of the Bonds as required by the Code and
Section 15.2-4906 of the Virginia Code, does not constitute an endorsement to a
prospective purchaser of the Bonds of the creditworthiness of the Project or the Company,
but as required by Secbon 15 2- 4909 of the V~rginia Code, 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 of Virginia, the City
or the Authority shall be pledge thereto.
4. The City Manager is hereby authorized and directed, if and to the extent
necessary in the opinion of counsel to the Authority, to submit an application to the Virginia
Small Business Financing Authority requesting an allocation of $11,000,000.00 pursuant
to Title 15.2, Chapter 50 of the Code of Virginia of 1950, as amended, with respect to the
issuance of the Bonds.
This Resolution shall take effect immediately upon its adoption.
ADOPTED by a quorum of the Councd of the City of Virginia Beach, Virginia, on
December 7,
,199 .
,,,
MAYOR
ATTEST:
C~ty Clerk
PROJECT LOCATION MAP
PROJECT NAME:
PROJECT ADDRESS:
TYPE OF PROJECT:
ZONING:
Princess Anne House Seniors Community, L.P.
Project
Northeast Corner of the Intersection of Princess
Anne Road and Baxter Road (Approx. 150 feet
northwesterly from Baxter Road)
Multi-Family Rental Housing for the Elderly
R-D5 (Conditional Use Permit for Project has
been Granted by City Council)
·
ro ect
EXHIBIT A
THE VIRGINIAN-PILOT
NORFOLK, VIRGINIA
AFFIDAVIT OF PUBLICATION
The Virginian-Pilot
.................................................
NATIONAL DEVELOPMENT ASSOC
WILBUR G DOVE
9605 CLARKS CROSSING RD
VIENNA VA 22182
REFERENCE 10098594 Michael Hama
AT8602609 BONDS
State of Virginia
City of Norfolk
This day, C. Beeler 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 has been published in said newspaper on
the date stated
PUBLISHED ON 11/02 11/09
NOTICE OF PUBLIC HEARING ON PIIOPOSIO M'ULTI'-FAMILY '
I) IIINTAL HOU~NO FACILITY I~IYINUI BOND FINANCINO IY CITY OF VIROINIA BIACH DIVILOPMENT AUTHORITY
Notice is hereby given that the City of Vlriinla Beach Development
Authority (the "Authority") will hold a public heaHnEon the applica
tlon and plan of financing of PRINCESS ANNE HOUSE SENIOR
COMMUNITY, L P, a VIr~lnla limited padnarshlp (the "Company") I
whose address b 9605 Clark~ Cro~lnl Road, Vienna, Vlrllntal
22182, for the Authority to Issue, pursuant to Chapter 643, I
Virginia Acts of Assembly of 1964 as amended, (the "Act"), up to I
$1],0OO,000 00 of its multi-family rental housing facility revenueI
bonds to assist the Company In eCCluirin~, constructing and equip
ping a 186-umt multi-family rental housmK facility for elderlyI
persons of Iow to moderate Income. containing 3 on. bedroom, one I
bathroom apadments and !83 two-bedrooms, one bathroom apart-
ments, and functionally related and subord,nale amemt~es and
improvements (collectively the "Project") ]'he Project w~ll be Iocat
ed on an approximately five (5) acre parcel of land s~tuated at the
northeast corner of the intersection of Princess Anne Road and
Road, In the City of Vi~lnil Beach, Virginia and will be owned and
operated b the Company ,
Thepublic hearlnB, which may be continued or adjourned, w~ll be
heldat 8 30 a m on November 16, 1999 before the Authority. in
the Authority's offices located at One Columbus Center. Sude 300,
Wr~inla Beach, Virginia 23462 As required by the Act. the bonds
will not pledge the credit of the taxing power of the City of Vlrl~m~a
Beach, Vlri[~nla, or the Authority, but will be payable solely from
revenues derived from the Project and the Company and pledges
therefore Any person Interested in the Issuance of the bonds or the
Iocahon or nature of the proposed prolect may appear and be
heard A copy of the Company's application Is on file and Is open,
for Inspection durin~ business hours at the Authority s office
CITY OF VIRGINIA BF_.ACH
DEVELOPMENT AUTHORITY "~
,
By Chairman
VP November 2 and November 9. 1999
,
TOTAL COST. 478.40 AD SPACE' 80 LINE
FILED ON. ]~/9~
Subscribed and ~worn to<~fore me in my city and state on the day and year
aforesai~hliS '~~day of
Notary ~.~~~ _/~_, ~~~ commission expires September 30, 2003
0
EXHIBIT A
NOTICE OF PUBLIC HEARING ON PROPOSED MULTI-FAMILY
RENTAL HOUSING FACILITY REVENUE BOND FINANCING BY THE
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
Notice is hereby given that the City of Virginia Beach Development Authority (the
"Authority") will hold a public hearing on the application and plan of financing of PRINCESS
ANNE HOUSE SENIOR COMMUNITY, L.P., a Virginia limited partnership (the"Company")
whose address is 9605 Clarks Crossing Road, Vienna, Virginia 22182, for the Authority
to issue, pursuant to Chapter 643, Virginia Acts of Assembly of 1964 as amended, (the
"Act"), up to $11,000,000.00 of its multi-family rental housing facility revenue bonds to
assist the Company in acquiring, construcbng and equipping a 186 -unit multi-family rental
housing facility for elderly persons of Iow to moderate income, containing 3 one-bedroom,
one bathroom apartments and 183 two-bedroom, one bathroom apartments, and
functionally related and subordinate amenities and improvements (collectively the
"Project"). The Project will be located on an approximately five (5) acre parcel of land
s~tuated at the northeast corner of the intersection of Princess Anne Road and Baxter
Road, approximately 150 feet northwesterly from Baxter Road, in the City of Virginia
Beach, Virginia and will be owned and operated by the Company.
The public hearing, which may be continued or adjourned, will be held at 8:30 a.m. on
November 16, 1999 before the Authority, in the Authority's offices located at One
Columbus Center, Suite 300, Virginia Beach, Virginia 23462. As required by the Act, the
bonds will not pledge the credIt of the taxing power of the City of Virginia Beach, Virginia,
or the Authority, but will be payable solely from revenues derived from the Project and the
Company and pledges therefore. Any person interested in the issuance of the bonds or
the location or nature of the proposed project may appear and be heard. A copy of the
Company's application is on file and ~s open for inspection during business hours at the
Authonty's office.
Pnncess~NOPH MBH
EXHIBIT B
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
RECORD OF PUBLIC HEARING
NOVEMBER 16, 1999
(Princess Anne House Seniors Community, L.P.)
The Chairman of the City of V~rg~n~a Beach Development Authority (the "Authority")
announced the commencement of a public heanng on the request of Pnncess Anne House
Sen~ors Community, L.P, a V~rg~n~a hm~ted partnership (the "Borrower"), and that a not~ce
of the heanng was pubhshed once a week for two consecutive weeks ~n a newspaper
having general c~rculabon ~n the C~ty of V~rg~n~a Beach, V~rgm~a, the first pubhcation being
not more than twenty-one (21) days pnor to the heanng and the second publ~cabon being
not less than six (6) days prior to the heanng The Chairman ~nd~cated that a copy of the
nobce and a certificate of publ~cabon of such nobce have been filed w~th the records of the
C~ty Councd of the C~ty of V~rgin~a Beach
The following ~nd~wduals appeared and addressed he Authority
Mr Ray W K~ng, Esquire, appeared on behalf of the Borrower Mr Krug gave a
brief descr~pbon of the Project (below defined) He explained that the proceeds of the
Bonds w~ll be used to finance the cost of the acquisition, construction and equipping of an
186-unit mult~fam~ly rental apartment housing project for elderly persons of Iow to moderate
~ncome located at the Northeast corner of the ~ntersecbon of Princess Anne Road and
Baxter Road in the C~ty of V~rg~n~a Beach, V~rg~n~a (the "Project"). He related that the
benefits of th~s Project - the prows~on of safe, attracbve and sanitary housing for Iow to
moderate ~ncome families w~th,n the C~ty of V~rg~n~a Beach - wdl be maintained by the
restrictions to be placed upon the property ,n connecbon w~th the financing which require
that at least 40% of the un~ts w~ll be set aside for occupancy by elderly persons whose
~ncomes are not m excess of 60% of adjusted area median ~ncome, w~th further restr~cbons
on the rental chargeable for sa~d un,ts, thereby assunng the C,ty of V~rg,n~a Beach that
the benefits of the ~ncome restncbons applicable to these apartments wdl conbnue George
Cooper, the I~m~ted partner of the Borrower, also appeared on behalf of the Borrower and
confirmed the comments of Mr K~ng Mr. Cooper closed h~s remarks by esbmabng an
~ssuance date for the Bonds of on or about February 15, 2000
No other persons appeared to address the Authonty, and the Chairman closed the
public heanng.
The Authority hereby recommends that the C~ty Councd of the C~ty of V, rg~n~a
Beach, V~rg~n~a approve the ~ssuance of the proposed bond financing and hereby
transmits the F~scal Impact Statement to the C~ty Councd of the C~ty of V~rg~n~a Beach and
asks that this recommendabon be received at ~ts next regular or special meebng at which
th~s matter can be properly placed on the Council's agenda for heanng
EXHIBIT C
RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY TO
INDUCE PRINCESS ANNE HOUSE SENIORS COMMUNITY, L.P., A VIRGINIA LIMITED
PARTNERSHIP,TO ACQUIRE, CONSTRUCTAND EQUIP FOR MU LTIFAMILY RENTAL
HOUSING FOR THE ELDERLY, THE PROPERTY SITUATED AT THE NORTHEAST
CORNER OF THE INTERSECTION OF PRINCESS ANNE ROAD AND BAXTER ROAD,
LOCATED APPROXIMATELY 151:) FEET NORTHWESTERLY FROM BAXTER ROAD,
IN THE CITY OF VIRGINIA BEACH, VIRGINIA, CONSISTING OF 3 ONE-BEDROOM
AND 183 TWO-BEDROOM APARTMENT UNITS.
WHEREAS, the Authority, in connection with other public and private efforts, is
vitally concerned with providing and maintaining safe and sanitary housing for persons of
lower to moderate incomes within the City of Virginia Beach, Virginia; and
WHEREAS, in the C~ty of Virginia Beach, there is a serious shortage of sanitary and
safe residential housing affordable by elderly persons with Iow to moderate incomes; and
WHEREAS, this shortage will continue to foster substandard living conditions
~nimical to the health, welfare and prosperity of residents of the City of Virginia Beach,
Virginia; and
WHEREAS, private enterprise has been unable without assistance to plan, acquire,
develop, construct, repair, rehabilitate or maintain adequate Iow cost housing or provide
sufficient long term mortgage financing for these projects; and
WHEREAS, the provision of housing to persons of varied economic means in the
same project area will assist in prevenbng the recurrence of slum conditions, blight and
substandard living conditions and will assist in stabilizing the project areas; and
WHEREAS, the availability to private developers of below-market interest rate loans
is necessary to promote and assist the planning, acquisition, development, construction,
rehabilitation, repair and/or maintenance of such housing projects; and
WHEREAS, representatives of Princess Anne House Senior Community, L.P., a
Virginia limited partnership (hereinafter called the "Developer"), have heretofore held
discussions with representatives of the Authority with respect to acquiring, construction and
equipping for multifamily rental housing for elderly persons of Iow to moderate income, the
property situated at the northeast corner of the intersection of Princess Anne Road and
Baxter Road, located approximately 150 feet northwesterly from Baxter Road in the City
of V~rginia Beach, consisting of 3 one-bedroom, one bathroom apartments, and 183 two-
bedroom, one bathroom apartments units (such acquisition, construction and equipping
~s the "Housing Project"); and
WHEREAS, a public hearing has been held before the Commissioners of the
Authority on November 16, 1999, at 8:30 a.m., to consider the issuance by the Authority
of the Bonds, as hereinafter defined, in an aggregate amount not to exceed $11,000,000
to provide funds for financing the Housing Project; notice of said hearing having been
published on November 2 and November 9, 1999 in The Vi~._inian-Pilot, a newspaper
having a general circulation in the City of Virginia Beach, Virginia, in order to comply with
the public approval provisions of Section 147(f) of the United States Internal Revenue
Code of 1986, as amended (the "Internal Revenue Code"), and Section 15.2-4906 of the
Code of Virginia, as amended (the '¥irginia Code"), with respect to the proposed issuance
by the Authority of its Bonds to prowde funds for the Loan.
NOW, THEREFORE, BE IT RESOLVED that:
1. The acquisition, construction and equipping of the Housing Project will
provide and maintain housing for persons of Iow or moderate income as defined by
Chapter 643 Acts of Virginia of 1964, as amended (the "Act") and Section 142(d) of the
Internal Revenue Code of 1986, as amended, and thereby promote public purposes for
which the Authority was established.
2. In order to induce the Developer to acquire, construct and equip the Housing
Project, the Authority hereby agrees to (a) use its best efforts to provide the Developer with
financing in an amount not to exceed $11,000,000 to assist in the acquisition of the
Housing Project, subject to approval by Virginia Beach City Council through the issuance
by the Authority of its Bonds in an amount not to exceed ,$11,000,000 (the "Bonds") upon
the terms and conditions to be mutually agreed between the Authority and the Developer,
and (b) to sell the Housing Project to the Developer pursuant to an installment sale
agreement in consideration of the Developer's agreement to pay, among other things, the
principal, premium, if any, and interest due on the Bonds and to pay all other expenses in
connection with the maintenance of the Housing Project. The Bonds shall be issued in
form and pursuant to terms to be set by the Authority and the payment of the Bonds shall
be secured by an assignment for the benefit of the holders thereof of the Authority's rights
to payments under the installment sale agreement and may be addibonally secured by one
or more mortgages on the Housing Project
3. The Authority has found that the issuance of the Bonds to provide funds to
finance the acquisition, construction and equipping of the Housing Project by the
Developer will assist in alleviating the existing shortage of sanitary and safe residential
housing affordable by elder persons with Iow and moderate income.
4 The Authority finds that in order to preserve a desirable economic mix and
to stabilize the Housing Project, at least 20% of the un~ts in the Housing Project must be
rented to or held available for persons who qualify for assistance under Section 142(d) of
the Internal Revenue Code of 1986, as amended.
5. It having been represented to the Authority that it is necessary to proceed
w~th the acquisition, construction and equipping of the Housing Project, the Authority
hereby agrees that the Developer may proceed with plans therefor and enter into
contracts, advance monies and take such other steps as it may deem necessary and
appropriate therefor, provided that nothing herein shall be deemed to authorize the
Developer to obligate the Authority, without its prior written consent in each instance, to the
payment of any monies or the performance of any acts in connection with the Housing
Project. It is further agreed that, should the Virginia Beach City Council approve the
issuance by the Authority of the Bonds to provide financing for the Developer, then any
monies advanced by the Developer in accordance with this paragraph may be reimbursed
from the proceeds of the Bonds, subject to approval by the Authority and its bond counsel.
If for any reason the Bonds are not issued, it is understood that all such advances and any
other costs and expenses which may be incurred in connection with the acquisition and
development of the Housing Project shall be paid by the Developer and that the Authority
shall have no liability or responsibility therefor.
6. This resolution shall not be construed to impose upon the Authority any
obligation to issue the Bonds unless and until: (a) the Virginia Beach C~ty Council has
approved the issuance of the Bonds by the Authority; (b) the Authority's bond counsel is
sabsfied that the interest on the Bonds will be exempt from taxation by the Commonwealth
of Virginia and under the United States Internal Revenue Code of 1986, as amended, and
the regulations promulgated thereunder; and (c) the Developer, the Authority and the
financial insbtution or other person or entity which agrees to purchase the Bonds have all
agreed upon the terms and conditions of the Bonds and the documents to be executed in
connection with the Bonds.
7. The Council of the C~ty of Virginia Beach, Virgima is hereby requested to
approve the issuance by the Authority of the Bonds in an aggregate principal amount not
to exceed $11,000,000 to provide financing for the Developer's acquisition, construction
and equipping of the Housing Project, to the extent such approval is required by Section
147(f) of the Internal Revenue Code and Section 15.2-4906 of the Virginia Code, and a
copy of this resolution and a reasonably detailed summary of the comments expressed at
the public hearing shall be submitted to the Councd for ~ts considerabon.
8. The Authority shall accept, if requested, from or on behalf of the Developer
conveyance of such land in the City on which the Housing Project is located. The officers
of the Authority are hereby authorized and directed to accept and have recorded proper
deeds or leases in connection with such conveyances If for any reason the Bonds are not
issued, it is understood that the Authority shall convey such properties to the Developer
or to such other person as the Developer may request without cost other than the expense
of preparation and recordation of such deeds of conveyance.
9. The Chairman or Vice Chairman of the Authonty is hereby authorized and
directed to execute, the Secretary or Assistant Secretary is authorized to affix and attest
the seal of the Authority and either is authorized and directed to deliver an agreement in
the form approved by counsel to the Authority providing for such reconveyance, the
execution of which shall be conclusive evidence of the approval of counsel to the Authority
and the approval of the Authority to the terms and conditions thereof.
10 All costs and expenses in connection with the financing and the acquisition,
construction and equipping of the Housing Project, including, but not limited to, the fees
and expenses of bond counsel, counsel to the Authority, and the agent or underwriter for
the sale of the Bonds, shall be paid from the proceeds of the Bonds or from funds of the
Developer. If for any reason such bonds are not issued, it is understood that all such
expenses shall be paid by the Developer and that the Authority shall have no responsibility
or liability therefor.
11. In adopting this Resolution, the Authority intends to make its "declaration of
intent" toward the issuance of the Bonds within the meaning of regulations issued by the
Internal Revenue Service pursuant to the Internal Revenue Code of 1986, as amended
(the "Code"). The Authority, including its directors, officers, employees and agents, shall
not be liable and hereby disclaims all liability to any person for any damages, direct or
consequential, resulting from the Authority's failure to issue Bonds for the Housing Project
for any reason.
12, The inducement given by this Resolution shall also run to any business entity
which is related to the Company within the meaning of Section 1.103-10(e) or any
successor provision thereto of the regulations of the Department of the Treasury issued
pursuant to the Code.
13. The Chairman or Vice-Chairman of the Authority is authorized by the
Authority to work with the Company and the bond counsel and/or any other interested party
in connection with the aforesaid transaction to complete the details of this bond issue.
14, The Authority by adoption of this Resolution expressly takes no action with
regard to any limitations on the tax-exempt status of its notes or bonds for federal income
tax purposes and by accepting and proceeding under the authority of this Resolution, the
Developer agrees to assume the risk that the notes or bonds may not qualify for tax-
exempt status for federal income tax purposes without the enactment of additional federal
legislabon amending the Code. Nothing contained in th~s section shall operate as or be
deemed to be a condition precedent to or limitation on the approval of the issuance of the
Bonds and the plan of financing for the Housing Project for purposes of the Code, or for
purposes of the Authority's taking "official action" towards the issuance of the Bonds.
15. The Authority appoints the firm of Tavss, Fletcher, Maiden & King, P.C,
Norfolk, V~rginia, as bond counsel to supervise the proceedings and to approve the
issuance of the Bonds.
' 16. This Resolution will expire on December 31st of the second succeeding
calendar year following the date of adoption of this Resolution, unless extended by action
of the City of Virginia Beach Development Authority.
17. This Resolution shall take effect immediately upon its adoption.
ADOPTED: November 16, 1999
The undersigned officer of the City of Virginia Beach Development Authority hereby
certifies that the foregoing is a true, correct and complete copy of the Resolution adopted
by the Authority's Board of Commissioners present and voting at a meeting duly called and
held on November 16, 1999, in accordance with the law, and that such Resolution has not
been repealed, revoked, rescinded or amended, but is in full force and effect as of the date
hereof.
WITNESS my hand and seal of the Authority this I(~ay of November, 1999.
Secretary
[SEAL]
EXHIBIT D
DISCLOSURE SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
MULTI-FAMILY RENTAL HOUSING REVENUE BONDS
Project Name:
Princess Anne House Seniors Community, L P Project
Project Address:
Northeast Corner of the Intersection of Pnncess Anne
Road and Baxter Road (Approx, 150 feet northwesterly
from Baxter Road)
Description of Project:
Acqu~s~bon, construction and equipping of a 186 unit
multi-family rental housing facility for the elderly of Iow
and moderate income, together w~th related and
subordinate facilities
Amount of Bond(s):
$11,000,000.00 The total financing package w~ll
consist of (i) the tax-exempt multlfamlly housing reve-
nue Bonds, and (ii) 4% Iow-Income housing tax credits
Principals:
General Partner:
National Development Associates, Inc. ("NDA"), a
V~rginia stock corporation, Is the general partner of
Princess Anne House Seniors Community, L P, and
has a mailing address is 9605 Clarks Crossing Road,
Vienna, Virginia 22182 The officers and directors
are as follows:
Wilbur G. Dove:
Claire Dove:
President and D~rector
Secretary
Limited Partner:
George S. Cooper, a resident of Virginia Beach, and a
contractor with a mailing address of P O Box 5106,
V~rglnla Beach, Virginia 23471, ~s the limited partner of
Princess Anne House Sen~ors Community, L P
Underwriter/Financial
Advisor:
Salisbury Capital Corporation, 74 Trinity Place, Suite
1705, New York, New York 10006
To the best of my knowledge the foregoing ~nformabon is accurate
M~chael B Hamar, Bomd Counsel
VIRGINIA
BEACH
Department of
Economic Development
One Columbus Center, State 300
%rgmla Beach, VA 23462
(7.57) 437-6464
FAX (757) 499~9894
Website www vlrg~ma-beach va us/dept/econdev
E-mad ecdev@c~tyv~rgmm-beach va us
EXHIBIT E
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
MULTIFAMILY HOUSING REVENUE BONDS,
PRINCESS ANNE HOUSE SENIOR COMMUNITY, L.P. PROJECT
SERIES 2000
The Authority recommends approval of the captioned financing in the amount not to exceed
$11,000,000 to assist Pnncess Anne House Semors Commumty, L P., ~n the acqms~hon,
construction and eqmpp~ng of the ProJect The construction of the multifamfly rental housing
factl~ty for the elderly wall commence as soon as the ProJect receives (0 approval of the proposed
bond ~ssue by %rg~ma Beach C~ty Council and (i0 a certificate of allocation from the %rg~ma Small
Business Financing Authority granhng an allocahon of $11,000,000.00 pursuant to T~tle 15.2,
Chapter 50 of the Code of%rg~ma of 1950, as amended, w~th respect to the ~ssuance of the Bonds.
The benefits of the Project to the City and the pubhc are the prows~on of safe, attractive and samtary
houang for elderly persons, wluch benefit will be ensured by (0 the set aside of 40% of the umt for
occupancy by elderly ~n&v~duals whose ~ncome ~s 60% or less of area median ~ncome and 00 the
restriction of rent 0nclu&ng ut~lmes) for such umts to an amount not ~n excess of $30% of 60% of
the adjusted me&an area income
EXHIBIT F
Fiscal Impact Statement
For Proposed Industrial Revenue Bond Financing
Name of Applicant:
Facility's Address.
Princess Anne House Seniors Community, L.P.
Northeast corner of the ~ntersection of Pdncess Anne Road and Baxter
Road, approximately 150 feet northwest of Baxter Road in the City of
Virginia Beach
Maximum amount of financing sought:
Date: November 16, 1999
$11,000,000.00
.
Estimated taxable value of the
Facility's real property to be
construed in the municipality
$ 8,800,000.00
,
Esbmated real property tax per
year using present tax rates
$ 107,360.00
.
Estimated personal property tax
per year using present tax rates
$ N/A
Esbmated merchant's capital tax
per year using present tax rates
$ N/A
Sa.
Esbmated dollar value per year of
goods that wdl be purchased from
Virginia companies within the locality
$ 148,800.00
6b
Estimated dollar value per year of
goods that will be purchased from non-
Virgima compames w~thin the locality
$ N/A
6c
Estimated dollar value per year of
services that will be purchased from
Virgima companies w~th~n the locality
$ 145,080.00
6d
Esbmated dollar value per year of
services that will be purchased from
non-Virginia companies w~thin the locality
$ N/A
.
Esbmated number of regular employees
on year round basis
8 Average annual salary per employee
$ 30,000.00
The information contained ~n the Statement ~s based solely on facts and estimates
provided by the applicant and the Authority has no responsibility with respect thereto.
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
By
Chmrman
Secretary
EXHIBIT G
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
MULTI-FAMILY RENTAL HOUSING REVENUE BONDS
Project Name:
Project Address:
Description of Project:
Amount of Bond(s):
Pnncess Anne House Seniors Community, L.P. Project
Northeast Corner of the Intersection of Princess Anne
Road and Baxter Road (Approx. 150 feet northwesterly
from Baxter Road)
Acquisition, construction and equipping of a 186 unit
multi-family rental housing facility for the elderly of Iow
and moderate income, together with related and
subordinate facihties.
$11,000,000.00
Principals:
National DevelopmentAssociates, Inc. ("N DA"), Virginia
stock corporation, whose president and Principal
shareholder is Wdbur G. Dove, is general partner of
Princess Anne House Seniors Community, L.P. Mr.
Doves mailing address is 9605 Clarks Crossing Road,
Vienna, V~rg~nia 22182.
George S. Cooper, a contractor with a reading address
of P.O. Box 5106, V~rgin~a Beach, Virginia 23471, ~s the
limited partner of Pnncess Anne House Seniors Com-
munity, L P.
DEPARTMENT OF HOUSING AND
NEIGHBORHOOD PRESERVATION
(757) 426 5750
FAX (757) 426 5766
TDD (757) 426 5794
CODE ENFORCEMENT DIVISION
(757) 427 4421
MUNICIPAL CENTER
BUILDING 18A
2424 COURTHOUSE DRIVE
VIRGINIA BEACH VA 23456-9083
Novelnbet 08, 1999
Chmrman, Virginia Beach, Development Authority
One Col.umbus Center, Suite 300
V~rgmla Beach, VA 23462
FAX# 499-9894
Gary Fentress, Esq
Office of the City Attorney
Municipal Center
FAX# 563-1167
RE:
Evaluation of Public Benefit
Princess Aline }louse Senior Comlnunity, L.P.
Multi-Family Rental Housing Bond Application
183 unit lnultifamily housing
VBDA Agenda November 16, 1999
I have reviewed thc mformat~on provided regarding the above lefeienced pioject In my opinion a
public benefit is achmved by ensuring that 40% of the units wIll be set asicle lbr occupancy by
lnd~wduals whose mCOlne is at 60% or below the lnedmn area Income It ~s also of benefit that the
rent (including unhtles) for these units set aside will not exceed 30% of the 60% adjusted median
area income
Please let lne know If you need anything further regarding this issue Thank you
!\/i /,;
Friedman
Director
Proud Rectptent of the 1998 U S Senate Medalhon of Excellence for Produchmty and Quahty tn the Pubhc Sector
VIRGINIA
Department of
Economic Development
One Columbus Center, State 300
V~rgmm Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
Webs~te www v~rgmm-beach va us/dept/econdev
E-mini ecdev@cay v~rgmm-beach va us
November 16, 1999
The Honorable Meyera E Oberndorf, Mayor
Members of City Council
Mumclpal Center
VIrginia Beach, VA 23456
Re
Prtncess Anne House Sentors Communtty, L P
$11,000,000 Multi-Family Rental Housing Revenue Bonds
Dear Mayor Obemdorf and Members of City Council.
We sublmt the following ~n connection w~th project Pnncess Anne }louse Semors
Community, L.P located at the intersection of Pnncess Anne Road and Baxter Road in the City of
Virginia Beach, V~rg~ma
(1) Ewdence of pubhcat~on of the notice of hearing ~s attached as Exhibit A, and a
summary of the statements made at the pubhc heanng ~s attached as Exhibit B. The C~ty of V~rgima
Beach Development Authonty's (the "Authority") resolution recommen&ng Council's approval is
attached as Exhibit C
(2) The D~sclosure Statement ~s attached as Exhibit D
(3) The statement of the Authonty's reasons for ~ts approval as a benefit for the C~ty of
V~rgima Beach and its recommendation that C~ty Council approves the modification of the bonds
described above ~s attached as Exhibit E
The Honorable Meyera E. Obemdorf, Mayor
Members of C~ty Council
November 16, 1999
Page 2
(4) The F~scal Impact Statement is attached as Exhibit F.
(5) Attached as Exhibit G ~s a summary sheet setting forth the type of~ssue, and ~denhfylng
the ProJect and the pnnc~pals.
(6) Attached as Exhibit H is a letter from the appropriate C~ty department commenting on
the ProJect
FDF/GLF/rab
Enclosures
Very truly yours,
Secretary
- 33-
Item VI-J.2.
ORDINANCES/RES OL UTIONS
ITEM # 46016
Nancy Ttmmons, 3636 Kings Lake Drtve, 340-3500, spoke tn OPPOSITION to the Vtrgtnta Hate Crtmes
Legtslatton.
Upon motton by Vice Mayor Sessoms, seconded by Councdman Branch, Ctty Councd ADOPTED'
Resolution re the City's 2000 Legislative Package and to request the
support of the City's Delegation at the 2000 General Assembly.
Vottng 10-0
Counctl Members Voting Aye
Linwood O. Branch, III, Margaret L. Eure, Wtlham W Harrison, Jr,
Harold Hetschober, Barbara M Henley, Reba S McClanan, Mayor
Meyera E Oberndorf, Nancy K Parker, Vice Mayor Wtlham D.
Sessoms, Jr and A M "Don" Weeks
Counctl Members Voting Nay'
None
Council Members Absent:
Louts R. Jones
December 7, 1999
A RESOLUTION ADOPTING THE CITY'S 2000
LEGISLATIVE PACKAGE AND REQUESTING
MEMBERS OF THE CITY'S LOCAL
DELEGATION TO THE GENERAL ASSEMBLY
TO SPONSOR AND/OR SUPPORT LEGISLATION
THAT WOULD CARRY OUT THE GOALS AND
OBJECTIVES SET FORTH THEREIN
WHEREAS, City Council traditionally adopts a package of legislative goals and
objectives of the City and requests members of the City's local delegation to the General Assembly
10 to sponsor and/or support legislation to carry out these goals and objectives, and
11
WHEREAS, City Council has considered a number of goals and objectives for
12 inclusion In the City's 2000 Legislative Package
13
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
That City Council hereby adopts the City's 2000 Legislative Package, whlch 1s
attached hereto as Exhibit A and is hereby incorporated by reference
17
BE IT FURTHER RESOLVED
18
That the members of the City's local delegation to the General Assembly are hereby
19 requested to sponsor and/or support legislation in the 2000 Sesmon of the General Assembly that
2 0 would carry out the goals and objectives of the City as set forth in its Leglslanve Package
21
BE IT FURTHER RESOLVED
22
That the City Clerk IS hereby directed to transmit a copy of this Resolution to each
23
member of the City's local delegation to the General Assembly
2 4 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 day of
December
,1999
25
CA-7549
ORDIN\NONCODE\2000 LEGISLATIVE PKG RES
NOVEMBER 30, 1999
R1
APPROVED AS TO CONTENT
c,~ager'~ ~sl~ ~
APPROVED AS TO LEGAL
SUFFICIENCY
~lty A"fforney's Office
DRAFT
City of Virginia Beach
2000
General Assembly Session
Legislative Package
(Revised 11/30/99)
TABLE OF CONTENTS
Funding for Education
II Funding for Transportation
III Funding for House B~II 599 - State A~d to Local Law Enforcement
IV Funding for the V~rg~n~a Manne Science Museum, Phase III, Capital Budget
V Funding for Comprehensive Services Act (CSA)
VI Funding for Community Services Board (CSB)
VII Funding for Operation, Maintenance, and Construction of Juvenile Facilities
VIII Funding for Public L~branes
IX Funding for State Health Department
X Funding for Open Space
Xl. Funding for Contemporary Art Center of V~rg~n~a Expanded Educational Programs
XII. Meal Tax
XIII Post Labor Day School Opening
XIV Absentee Voting
XV Use of Non-Pa~d Inspectors to Enforce State-Wide Building Maintenance Code
XVI Support for Inclusion of "Sexual Onentat~on" ~n any Proposed "Hate Crimes" Leg~slabon
XVII Dredging of Non-T~dal Wetlands (Tulloch Dredging)
XVIII F~rst Landing State Park B~ke Tra~l
PREFA CE
W/th this General Assembly Session being the first of the new millennium, Virginia Beach, like most
local/t/es, bel/eves /t is time for the state to reexamine the basic relationship between the state and
local governments The state/s enjoying record revenues largely because of income tax revenues,
while localities are increasingly fiscally stressed. Virtually every local government/n Virginia has
had to raise taxes over the last ten to fifteen years, a period/n which the state has cut taxes
substantially Dunng that t/me, the state, through pol/cy decisions, has shifted many burdens to
local governments that were heretofore state respons/b/l/t/es A spec/tic example of this shift/s the
Comprehensive Services Act (CSA) that serves troubled youth. The program was previously
funded under a "sum sufficient" category, which means appropriating whatever monies are needed
However, several years ago the state switched to a formula program/n an effort to control/ts costs
While the state may have indeed controlled/ts costs, the cost to local/t/es/s skyrocketing
Furthermore, because of other decisions made by the state, treatment modal/t/es available to the
judges and others/n the criminal just/ce system are much more constrained Many of the children
that come into the CSA program are placed/n $100, 000 a year programs (per ch/Id), many of which
are out of state Also children are placed in what/s referred to as the "non-mandated" category,
meaning that the state provides bm/ted funding for treatment of these/nd/v/duals and after that
funding/s utilized, the state requires local/t/es to pay 100% of the remaining costs As of July 7~h of
this tiscal year, the Virginia Beach Juvenile Court judges had obligated afl of the non-mandated
funds appropriated for Virginia Beach FY2000
There are many other programs that provide further evidence of this shift/n responsibilities without
commitment of the necessary funds by the Commonwealth The Community Services Board (CSB)
programs that treat the mentally retarded and those w/th substance abuse problems are now under
a proposal to become a CSA-I/ke program ut/l/zing a cost-sharing formula Local/t/es across the
Commonwealth bel/eve this would be another example of the Commonwealth shifting
responsibilities in order to save money for the state but requiring local/t/es to continue providing the
necessary service at Increased local cost A final example of this shift/s found/n the state's use of
Juvenile Accountability Block Grant funds from the federal government. /nstead of passing those
funds directly to the local/t/es, the state allocated 75% of the funds ava/laMe from the federal
government to programs previously funded w/th the state's genera/funds, reducing the amount of
grant funds available to local/t/es further exasperates Virginia Beach and other local governments'
ability to provide the services/ts voters expect
LEGISLATIVE REQUESTS
The legislative package from the City of Virginia Beach for the first biennium of the millennium/s
primarily funding oriented because of our Increasing reliance on state funding for programs and the
growing dependence by local/ties on property taxes and the few local revenue sources available
Virginia Beach feels the state must take a larger role/n helping the City to provide services to our
citizens Requests for funding are as follows
FUNDING FOR EDUCATION:
W/th more than 50% of the City's budget committed to educating the 78, 000 plus
students/n the Virginia Beach Public School system,/t/s vital that the state provide/ts full
share of both operation and infrastructure funding. The state should fund the full cost
necessary to meet the Standards of Quahty (SOQ) The City encourages a review by the
Joint Legislative Audit and Review Commission (JLARC) or another appropriate body of
funding the SOQ W/th the Virginia Beach School system having more than 1,000
teachers above the number needed to meet the SOQ and having to spend $93,000,000
in local funds above the SOQ amount,/t/s obvious that the level of education funding
provided under the guidelines of the SOQ/s Inadequate Furthermore, state funding for
new construct/on, renovation, maintenance, land acquisition and installation of
educational technology/s needed
REQUEST:
While localities are grateful for the funds placed into education infrastructure and
technology from the state lottery, we believe that all of the approximate $310 m/fi/on a
year from the lottery should be made available to local/t/es instead of less than half of that
amount that/s now available (the remainder of the lottery funds are being ut/I/zed by the
state to meet/ts share of the SOQs)
FUNDING FOR TRANSPORTATION:
As has been the case/n the City's legislative package/n the past several years, the City
believes that funding for the transportation system/n the Commonwealth/s broken
Congest/on throughout Virgin/a, especially Northern Virginia and Hampton Roads,
continues to grow and the movement of people, goods, and services are being degraded
The ability of Virginia Beach, Hampton Roads, and the remainder of the Commonwealth
to compete on a global basis/s being diminished by our deter/orating transportation
system.
REQUEST:
The General Assembly is urged to develop a larger stream of revenue to pay for the
maintenance of our ex/sting roads and other transportation modal/t/es and to address the
$1 to $2 b/Il/on/n annual shortfalls for transportation funding on a statew/de basis Also,
the recent work completed by the Hampton Roads Metropolitan Planning Organization in
identifying and pnont/z/ng seven high-cost, unfunded projects should be rewarded by the
state with the necessary funding to pay for these much needed projects, the
Southeastern Parkway and Route 460 projects should be among the first to be addressed
by the state for improved mobility/n and out of Virginia Beach, the Hampton Roads area,
and most important, the manne terminals that make up the Port of Hampton Roads
III. FUNDING FOR HOUSE BILL 599 - STATE AID TO LOCAL LAW ENFORCEMENT:
The City of Virginia Beach/s appreciative of the General Assembly's act/on/n fully
funding House B/Il 599 programs during the 1999 Genera/Assembly Session These
funds will go a long way toward allowing the City to address/ts needs for a new jarl,
detent/on fac/I/t/es, and Improved communications system
REQUEST:
The General Assembly should continue to appropnate funding at the statutory level for
House B/II 599 and ensure that no changes are made to the funding formula unless an
additional stream of revenue/s made available to address the "high crime areas"
IV.
FUNDING FOR THE VIRGINIA MARINE SCIENCE MUSEUM, PHASE III, CAPITAL
BUDGET:
The Virginia Manne Science Museum/s a publ/c/pnvate facility owned and operated by
the City of Virginia Beach/n partnership w/th the Virginia Manne Science Museum
Foundation. The museum opened in 1986, followed/n 1996 by a major Phase II
expansion which tnpled the museum's size and Included one of the country's first IMAX
3D theaters
The museum's m/ss/on/s to increase the public's know/edge of Virginia's manne
environment. It has been a learning laboratory for hundreds of thousands of Virginia
school students and also has outreach programs that travel throughout the state The
museum's Phase I/expansion increased attendance to a/most 700,000 visitors and has
allowed the facility to become one of the top ten visited aquariums and mar/ne science
museums/n the Un/ted States Surveys have found that museum visitors stay more
nights/n Virginia Beach and spend $383 more per party than do other tourists. /n FY98
the museum earned more than $6,000,000 in revenues which paid for 90% of its
operating costs and from which/t paid more than $375,000 in admission and sa/es taxes
The museum/s a main attract/on/n the region and/s est/mated to have generated more
than $4,000,000/n indirect taxes to the City and Commonwealth due to increased visitor
stays and related expenditures
The Master Plan for Phase III of the Virginia Manne Science Museum is completed and
provides a conceptual framework for new exhibits and research fac/I/t/es that are
projected to attract an annual v/s/tat/on of 1,000, 000 people The exhibit focus w/fl be
manne mammals, including the Atlantic Bottlenose Dolphin. Bottlenose Dolphins are a
particularly significant spec/es since Virginia has one of the greatest migratory
concentrations of these animals on the Atlantic Seaboard The Virginia Manne Science
Museum Stranding Center w/fl be housed/n the new facility and many of/ts operational
activities w/fl be made available for visitors to view.
Old Dominion University has agreed to be an active academic partner, offenng on-site
marine science courses and conducting Important research on dolphins Phase///will
provide extensive resources for the study of mar/ne mammals that a university could/I/
afford to provide on/ts own
REQUEST:
$5,000,000 for each year of the biennium for 20% of construct/on costs. The total cost of
the project is est/mated at $55,000,000. State funds in the amount of $10, 000, 000 for
the biennium are extremely critical to the project t/me hne Upon completion, Phase III w/Il
make the Virginia Marine Science Museum one of the top aquanum fac/hr/es/n the world
and increase V~rg/n~a's posit/on as a worldwide tourist destination point
FUNDING FOR COMPREHENSIVE SERVICES ACT (CSA):
As mentioned in the preamble of this document, CSA funding/s Inadequate to address
the needs of the children/n Virginia Beach and across the Commonwealth.
REQUEST:
The General Assembly is encouraged to repeal the Comprehensive Services Act and
replace/t w/th a sum-sufficient revenue stream to provide necessary care to the children
in need of services while providing protect/on to the public at large
FUNDING FOR COMMUNITY SERVICES BOARD (CSB):
The City requests that the General Assembly address the following
FUNDING: Support the VACSB funding request for CSB community based mental
health, mental retardation, and substance abuse services.
MEDICAID: Request that Medicaid match for CSB services be appropnated by the
General Assembly and no longer deducted from CSB state dollars
SERVICES TO SEXUALLY VIOLENT PREDATORS The '1998 General Assembly
amended 37 1-197 to described increased CSB responsibilities for discharge planning for
persons coming from state mental health fac/ht/es In 1999 the code was amended to add
Chapter 2 which relates to the civil commitment of sexually violent predators The new
statute allows the court to order that a sexually violent predator be held/n the custody of
DMHMRSAS state facility or allows the judge to directly order a person to community-
based treatment/f a less restrictive alternative/s deemed suitable.
The CSB is defined as the responsible agency to monitor the person's comphance w/th
treatment ordered by the court Since the CSB is also responsible for providing discharge
planning from state fac/lit/es, the locality would be responsible for providing very
expensive (very high I/ability) hfe long supervision and treatment of sexually violent
predators upon discharge However, no funding was dedicated to serve this populations
as the General Assembly had included a re-enactment clause when the leg/slat/on was
passed The re-enactment clause was to allow the Virg/ma State Crime Commission to
the study the issue (S JR 332). When the Governor signed the bill however, he struck the
re-enactment clause. The biff w/fl go into effect January 1, 2000
The City of Virginia Beach wants the/egis/at/on repealed or asks that the services
required be funded sum sufficient
HOUSING FOR DISABLED PERSONS Support the appointment of a Commission to
Develop a Plan to Meet the Housing Needs of Mentally Disabled Persons/n Virginia The
composition of the Commission should Include representatives from local housing
departments/authont/es, local elected off/c/als, CSBs, VHDA, DHCD, DMHMRSAS, and
local city/county attorneys The plan should be completed by December of 2000
EMPLOYMENT FOR DISABLED PERSONS Support the appointment of a Commission
to Develop a Plan to Meet the Employment Needs of Mentally Disabled and Substance
Dependent Persons/n Virginia The composition of the Commission should be
representatives from local government, DRS, DMHMRSAS, CSBs, VEC, and
local/regional bus/ness representatives The plan should be completed by December of
2000
REWSION OF 37 1-197 Support the revision of 37 1-'197- 37 '1-'199
The City of Virginia Beach requests amendment of the code to more clearly define the
role and responsibility of local government w/th regard to mental health, mental
retardation, and substance abuse service delivery
VII.
FUNDING FOR OPERA TION, MAINTENANCE, AND CONSTRUCTION OF JUVENILE
FA CILITIES :
City Council put on hold plans to build a 60-90 bed juvenile detent/on facility based on the
outcome of a study initiated by our Genera/Assembly members on operation and
maintenance funding and construct/on funding for juvenile detent/on fac/fit/es The State
Code allows for up to 50% state part/c/pat/on/n capital and operating cost
REQUEST:
Request the State Code be amended to require at least 50% state funding for operation,
maintenance, and construct/on cost of approved juvenile detent/on fac/I/t/es This should
be 50% of the actual cost of such facilities that meet the state standards, putting arbitrary
caps on the amount of state funding/s/nappropnate The City w/fl not construct a
detent/on home unless 50% funding/s provided by the General Assembly
VIII.
FUNDING FOR PUBLIC LIBRARIES:
The Code of Virgin/a, Chapter 3 of T/tie 42 1, establishes Virginia's poflcy of granting
financial aid for the development of local public libraries and provides a formula which
specifies how much each pub/lc library system should receive Unfortunate/y, the formula
has not been fully funded since 1985 In FY 97-98, the formula was funded at only 73%
The Genera/Assembly embarked on a 3-step p/an/n 1998 to restore furl funding (refer to
Item 264, Chapter 1 of the 1998 Special I Session Virginia Acts of Assembly) by adding
$1 4 mill/on to the level of funding proposed by Governor Allen for FY98-99 No increase
was provided/n year two (FY99-2000) At/ts 1999 Session, the Genera/Assembly
approved, and Governor Gl/more signed Into/aw, the second step/n the furl funding plan
by adding $2 8 m/fi/on to the FY99-2000 State Aid Budget (refer to Item 264, Chapter 935
of the '1999 Virginia Acts of Assembly) This w/Il bring state aid to approximately 85% of
full funding in FY99-2000
State aid is cnt/cal to Virginia Beach Pubhc Libraries because/t/s used to buy books and
other library mater/a/s, which are used directly by citizens. Public libraries provide
materials for school-age students who particularly need their resources/n the afternoons,
evenings, weekends, and during the Summer when the schools are closed Libraries a/so
serve adults, many of whom f/nd libraries as their only source of free, up-to-date
information Furl funding of the state aid formula would Increase Virginia Beach's
a/location from $323,500 to $378,690, an additional $55,190
REQUEST:
The City requests that the General Assembly fully fund state aid to Virginia Public
Libraries/n the FY2000-2002 budget It/s currently est/mated that full funding of state aid
w/Il require a $3 5 m/fi/on Increase/n FY2001 over FY2000 funding levels An additional
$600,000 increase/n FY2002 w/Il be required to maintain furl funding The current
funding/eve/for state aid and levels proposed to ach/eve and maintain furl funding are as
follows.
Current State Aid
Appropnation /n FY2000
Request for
FY2001
Furl Funding Request
for FY2002
$16,943,113
$20,465,405
$21,066,238
IX:
FUNDING FOR STATE HEAL TH DEPARTMENT:
The current Health Department funding formula is based on a cooperative arrangement
established/n 1954 This funding formula has been amended slightly/n that period of
t/me, however, the formula does not address the changing health care needs and
population changes, leading to inadequate and disproportional levels of public health
services/n many local/t/es Furthermore, the current formula/s not fully Implemented due
to insufficient funding For 85 of 132 local governments, the state is paying less than the
recommended share of expenditures. Some localities, including Virginia Beach, are
providing increased funding to supplement local efforts Cons/stent w/th leg/slat/on
proposed by then Senator Early, a new funding formula was devised that would, through
a "no loss provision," allow d/stncts currently receiving a disproportional high share of
funding to continue receiving appropriated funds.
REQUEST:
Approximately $6 7 mill/on/s needed to fully fund other health serv/ces at the current
formula provisions Virginia Beach, which has the lowest per capita state funding of any
of the 35 districts for public health, would be able to reduce the match required by the City
from 45% to 36% and increase the funds allocated by the City by $1 4 mN/on This would
also level the playing f/eld across the state where a Iow of $8 81/s provided by the state
per capita in comparison to a high of $38 03 per capita/n another locality/n Virginia
52,000 children under the age of five would receive more dental care, immunizations, and
healthy family services to prepare them for lifelong learning It/s well established that for
every dollar spent to provide prenatal care to Iow income women, approximately $3/s
saved in expenditures for direct medical costs during the infant's first year of life
Furthermore, we could reduce incidents of bacterial food borne Illness, reduce whooping
cough, and other childhood diseases
X. FUNDING FOR OPEN SPACE:
Virginia/s one of the few states that do not have a substantial revenue source dedicated
for open space, farmland, and h/stonc property preservation Although the Open Space
Lands Preservation Trust Fund was established/n 1997 and funds were appropriated in
1998, there is a sense of urgency/n establishing a large dedicated stream of revenue for
this purpose.
REQUEST:
In October 1999, the Virginia Beach City Council adopted a Resolution requesting the
Genera/Assembly establish a funding stream of at/east $40 mill/on a year for this
purpose Through this document, this request/s reiterated Also, when Sect/on 10 1-
1704 of the Virginia Code was amended in '199 7, there was an inadvertent change made
that would technically apply to acquisitions by the City of Virginia Beach under the
Agriculture Reserve Program (ARP)
The be/ow text represents our request for amendment to Virginia Code,
Sect/on 10 '1-'/704
Section 10 1-1704 D/version of property from open space/and use,
conveyance or/ease of open space land. No open space land, the title to or
interest or right in which has been acquired under this chapter and which as
been designated as open space land under the authonty of this chapter,
shall be converted or diverted from open space land use un/ess (/) the
conversion or divers/on is determined by the public body to be (a) essential
to the orderly development and growth of the locality and (b) /n accordance
w/th the official comprehensive plan for the locality/n effect at the t/me of
conversion or d/version and (ii) there/s substituted other real property which
/s (a) of at/east equal fair market value, and (b) of greater value as
permanent open space land than the land converted or diverted and (c) of
as nearly as feasible equivalent usefulness and location for use as
permanent open space land as is the land converted or diverted
Notw/thstand/nq the provisions of subdivision (//),/f the public body
determines, by ordinance, that the open space land converted or diverted is
no longer needed for open space purposes,/t shall not be required to
substitute other real property as open space land unless funds of the Open
Space Lands Preservation Trust Fund were used/n connection w/th the
acquisition by the pubhc body' of any ri.qht, t¢tle or interest/n the land
converted or diverted The public body shall assure that the property
substituted w/ll be subject to the prowsions of th/s chapter
FUNDING FOR CONTEMPORARY ART CENTER OF VIRGINIA EXPANDED
EDUCATIONAL PROGRAMS:
The Contemporary Art Center of Virginia/s a non-proht, non-collecting institution founded
/n 1952 to foster awareness, exploration and understanding of the significant art of our
t/me. The Center fulfills/ts mission by providing regularly changing exhibitions by
internationally, nationally and regionally renowned contemporary artists and by presenting
educational programs that encourage critical thinking, dialogue and artistic expression
The Center/s the only institution/n the Commonwealth of Virginia dedicated solely to
contemporary art and, as such,/s an important element/n the Commonwealth's cultural
tour/sm initiatives
Art often reflects the poht/cal and social m/heu /n which/t/s created and Invites the v/ewer
to explore, not only the aesthetic and philosophical aspects for the work, but/ts relevance
to their own express/on and part/c/pat/on/n society The Center/s a unique forum for
ideas and discourse essential to an informed and involved citizenry
The Center's miss/on renders/t an equally valuable educational resource The Center's
educational programs are designed to provide children and young adults a foundation for
their lifelong appreciation and exploration of the world/n which they l/ye and work The
Center's commitment to excellence/n education was recently recognized by the
prestigious Rufus Beamer Excellence Award, a state-w/de initiative sponsored by the
Virginia Department of Education and the Virginia Council of Vocational Education
Students from three local high schools collaborated w/th the Center's education
department to create a unique project that incorporated art, h/story, science, technology,
culture, industry and the environment/n a pubhc exhibit/on at the Center for nearly three
months
Essential to this goal/s the training of professional educators For several years, the
Center has offered a Teacher Institute underwritten in part by Title V/ During the
Teacher Institute, educators receive instruct/on on (1) obJect-based learning, (2) the
integration of art w/th other disciplines and (3) writing innovative, flexible curricula and
lesson plans Educators can choose to apply the Institute toward re-certification or
graduate course work Educators who attend the Institute are asked to train their
colleagues at their schools/n the techniques they/earn The Institute no longer qualifies
for Title V/ funding because/t/s not a new project The Center/s not able to sustain the
Institute without external funding.
The Center's education staff,/n collaboration w/th other professional educators, has
developed programs that meet current requirements for Virginia's Standards of Learning
(SOL)/n several subjects Spec/fica#y, It's Greek to Me, developed for 3rd graders,
integrates social stud/es, mathematics and architecture Ancient China. Digging Into the
Past Today, developed for 2nd graders, integrates history, social stud/es and archeology
Move It Magnets, Electricity & K/net/cs, developed for 4th graders, explores physical
science Building with Light, developed for 5th graders, explores the functional and
aesthetic properties of light and meets science SOL's During the '/998-99 academic
year, approximately 6, 000 students under the age of 18 benefitted from education
outreach programs offered by the Center The success of these programs/s evidenced
by the Increasing number of requests from schools throughout Hampton Roads
XII.
XlII.
REQUEST
The Contemporary Art Center of Virginia requests $500,000 over the biennium from the
legislature for the purpose of developing an expanded educational program that employs
state-of-the-art telecommunications to reach students and educators state-w/de We
propose to electronically export these educational programs to schools outs/de the region
offering educators a cost-effective means to meet the requirements of the SOL's Many
schools/n the state lack adequate resources to develop and implement such a program
In add/t/on to state support, the Center/s actively seeking corporate partners for this
technology init/at/ye that will ass/st w/th the needs of the schools By taking the programs
state-w/de, the Center/s able to take advantage of economies of scale and reduce the
cost per student The Center's education staff will coordinate w/th other institutions to
present "traveling exhibitions" designed to provide students opportunities for direct
observation of paintings, drawings, sculptures, art/facts or other objects We also
propose to electromcally export the Teacher Institute state-w/de thus offenng educators/n
remote count/es and underfunded school districts the opportunity to benefit Funding
from the legislature w/Il allow the Center to promote and coordinate the expanded
program, make the necessary investment in technology and training and augment the
education staff.
MEAL TAX'
As City Council has stated for the last several years, the General Assembly often enacts
/egis/at/on that has unforeseen but negative impacts on local governments such as
Virginia Beach For instance, dunng the 1999 Genera/Assembly Session an amendment
was made to HB968 (Meal Tax Revenue) w/th very little discuss/on This leg/slat/on,/f
allowed to stand as currently worded, will cost the City of Virginia Beach more than $2 5
m/fl/on a year/n lost food tax beginning FY2001 This/s equivalent to 2 25¢ on the rea/
estate tax rate This change/s a/so very problematic for comp/lance purposes
REQUEST:
The General Assembly is requested to amend the legislation that mod/fled the definition
of food when/t reduced the state sale tax on food An agreement on this has been
reached between the food dealers, VML, and VA CO and is being endorsed
POST LABOR DA Y SCHOOL OPENING:
A number of years ago, the General Assembly adopted leg/slabon that requires school
boards delay the opening of public schools unbl after Labor Day unless they are given a
waiver by the State Department of Educabon Many of the western Virginia school
boards have requested and received waivers based on the number of snow days that
they have
REQUEST:
The City has supported the post Labor Day school opening since it was in/t/ally
established and request no change be made to the current leg/slat/on The tour/sm
industry has become increasingly important to Virginia and Virginia Beach A change in
the post Labor Day school opening legislation would pose a tremendous threat to the
contribution of tour/st dollars to the state's economy
XIV. ABSENTEE VOTING:
XVm
The State Board of Elections will be requesting that Sect/on 24 2-707 of the Virginia Code
be amended to allow absentee voting forms to be submitted,/n person, at Department of
Motor Vehicle offices There are two such offices/n Virginia Beach.
REQUEST:
The City supports this amendment and request the fo/lowing addition to the Code'
"Any such location should be/n a public building owned or/eased by the state"
USE OF NON-PAID INSPECTORS TO ENFORCE STA TE-WIDE BUILDING
MAINTENANCE CODE:
Virginia Beach has a very strong system of volunteers who, among other things, enforce
hand/cap parking violations and f/re lane violations.
REQUEST:
The City is desirous of extending the use of volunteers to expressly authorize, through the
Virginia Code, the use of non-paid (volunteer) inspectors to enforce the state-w/de
Building Maintenance Code and enforce City property maintenance ordinances. These
volunteers would be fully trained and would provide a cost-effective adjunct to the City's
paid inspector program.
SUPPORT FOR INCLUSION OF "SEXUAL ORIENTATION" IN ANY PROPOSED
"HA TE CRIMES" LEGISLATION:
Under the current State Code, there are enhanced penalties for certain cnmes if the
person who commits the crime selects his or her victim because of the victim's race,
religious convict/on, color, or national origin These crimes are generally referred to
collectively as "hate crimes" Dunng /ts 1998 and 1999 Sessions, the General Assembly
considered, but did not adopt, several b/tis which,/f adopted, would have expanded
existing "hate crimes" legislation to include any victim selected because of his or her
sexual orientation.
REQUEST:
The Virginia Beach City Council believes that any criminal who selects his or her victim
simply because of the victim's sexual orientation should also be subject to enhanced
penalties. Therefore, the Council supports the/nc/us/on of "sexual orientation'/n any
"hate crimes" leg/slat/on considered by the Genera/Assembly during/ts 2000 Session
XVlI. DREDGING OF NON-TIDAL WETLANDS (TULLOCH DREDGING):
Following a recent court decision invalidating the "Tulloch Rule," which had been used to
regulate the draining of non-tidal wetlands, large areas of non-tidal wetlands/n certain
areas of Southeastern V/rg/n/a have been drained and converted Into uplands areas,
thereby circumventing the wetlands permitting process The administration of the
Commonwealth has dechned to take emergency executive act/on to halt unrestricted
draining of non-t/dal wetlands, stating that existing statutes are insufficient to allow/t to do
so As a result of this unregulated, large-scale conversion of non-tidal wetlands to
uplands, sign/f/cant adverse environmental impacts have followed
REQUEST:
The General Assembly/s requested to amend the State Water Control Law (Virginia
Code Sect/on 62 1-44 2 et seq ) to require perm/ts from the Department of Environmental
Quafity for the draining of non-t/dal wetlands. Such amendments should restore the
status quo by allowing the DEQ to regulate the draining of non-tidal wetlands under
reasonable standards, but should not absolutely prohibit the practice
XVIII.
FIRST LANDING STATE PARK BIKE TRAIL:
Funding is needed for the repair and extension of an existing b~ke tra/l from Kendal Street
to the West Gate of Fort Story This improvement at First Landing State Park Trail would
cost $225,000.
REQUEST:
The General Assembly/s requested to provide $225,000 to repair and extend the First
Landing State Park Bike Trail
- 34 -
Item VI-J.3.
ORDINANCES/RES OL U TIONS
ITEM # 46016
Upon motion by Vtce Mayor Sessoms, seconded by Counctlman Branch, City Counctl ADOPTED:
Resolution re tssuance and sale of Stormwater Utility System
Revenue Bonds, Series 2000, not to exceed $10,000,000, re
tmprovements and expansions to the Ctty's Stormwater Utility
System.
Voting' 9-0 (By Consent)
Council Members Voting Aye'
Ltnwood O. Branch, III, Margaret L. Eure, Wdham W Harrtson, Jr.,
Harold Hetschober, Barbara M Henley, Reba S. McClanan, Mayor
Meyera E Oberndor~, Nancy K. Parker and A M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Abstatmng
Vice Mayor Wdham D Sessoms, Jr.
Counctl Members Absent
Louts R Jones
(Please note Vice Mayor Sessom's Abstension on Page 15)
December 7, 1999
1
2
3
4
5
6
7
8
9
10
11
12
13
RESOLUTION OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, PROVIDING FOR THE
ISSUANCE AND SALE OF STORM WATER
UTILITY REVENUE BONDS, SERIES 2000, IN
AN AGGREGATE PRINCIPAL AMOUNT
NOT TO EXCEED $10,000,000, PROVIDING
FOR THE FORM, DETAILS AND PAYMENT
THEREOF TO FINANCE THE COST OF
IMPROVEMENTS TO THE CITY'S STORM
WATER UTILITY SYSTEM, AND
AUTHORIZING THE EXECUTION AND
DELIVERY OF CERTAIN DOCUMENTS
RELATED TO SUCH FINANCING
14
WHEREAS, the Council (the "Council") of the City of Virginia Beach, Virginia
15
(the "City"), desires to establish a program for financing improvements and extensions to
16
its storm water utility system (the "System") by the issuance of bonds payable from
17
revenues of the System and other moneys pledged thereto;
18
WHEREAS, the Council desires to issue its storm water utility revenue bonds to
19
finance the costs of improvements and extensions to the System (the "Project"), to pay
20
costs of issuing such bonds and to pay the costs of a debt service reserve fund, if any,
21
WHEREAS, the Council adopted ordinances on May 9, 1995 (the "1995
22
Ordinance"), May 14, 1996 (the "1996 Ordinance"), and May 12, 1998 (the "1998
23
Ordinance"), authorizing the issuance of storm water utility revenue bonds in the amounts
24
of $2,243,500, $3,684,900 and $9,100,000, respectively;
25
WHEREAS, the Council hereby determines that it is in the best interests of the
26
City to finance the Project by the issuance of $2,243,500 of storm water utility revenue
27
bonds authorized by the 1995 Ordinance, $3,684,940 of storm water utility revenue bonds
28
authorized by the 1996 Ordinance and $4,071,560 of storm water utility revenue bonds
29
authorized by the 1998 Ordinance,
30
WHEREAS, there have been presented to this meeting drafts of the following
31
documents (collectively, the "Documents"), proposed in connection with the undertaking
32
of the Project and the issuance and sale of the such bonds:
33
(a) Agreement of Trust, drat~ dated December 1, 1999, between the City and a
34
corporate trustee to be chosen by the City (the "Trustee"), as supplemented
35
by a First Supplemental Agreement of Trust, draft dated December 1, 1999
36 (collectively, the "Trust Agreement"), pursuant to which such bonds are to
37 be issued, and including the form of such bonds as Exhibit A attached
38
thereto;
39
(b) Bond Purchase Agreement, draft dated December 1, 1999, between the
40
City and a group of Underwriters managed by First Union Securities, Inc
41
(the "Underwriters"), providing for the purchase of such bonds;
42
(c) Continuing Disclosure Agreement, draft dated December 1, 1999, pursuant
43
to which the City agrees to undertake continuing disclosure obligations
44
pursuant to Rule 15c2-12 promulgated by the Securities and Exchange
45
Commission for the benefit of the holders of such bonds; and
46
(d) Preliminary Official Statement, draft dated December 1, 1999 (the
47
"Preliminary Official Statement"), of the City relating to the public offering
48
of such bonds; and
49
WHEREAS, City Administration, in collaboration with Government Finance
50
Associates, Inc., and Government Finance Group, the City's financial advisors (the
51
"Financial Advisors"), has recommended that it may be in the best interest of the City to
52
purchase a municipal bond insurance policy to insure payment of the principal of and
53
interest on such bonds if the cost of such municipal bond insurance policy results in an
54
overall interest cost savings to the City;
55
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
56
CITY OF VIRGINIA BEACH, VIRGINIA:
57
1. The City hereby authorizes the issuance and sale of storm water utility revenue
58
bonds in an aggregate principal amount not to exceed $10,000,000 (the "Bonds"),
59
pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the
60
City Charter and the Public Finance Act of 1991, to finance the costs of the Project and to
61
pay the costs of issuing the Bonds, including the cost of any municipal bond insurance.
62.
2. The City Manager is hereby authorized and directed to execute the Documents,
63
which shall be in substantially the forms submitted to this meeting, which are approved,
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with such completions, omissions, insertions and changes not inconsistent with this
65
Resolution as may be approved by the City Manager, with his execution to constitute
66 conclusive evidence of his approval of any such completions, omissions, insertions and
67
changes.
68
3. The Bonds shall be designated "Storm Water Utility Revenue Bonds, Series
69
2000," shall be dated the date as may be determined by the City Manager, shall be in
70
registered form, in denominations of $5,000 and integral multiples thereof, and shall be
71
numbered R-1 upward. Each Bond shall bear interest at such rate as shall be determined
72
at the time of sale, payable semiannually on dates determined by the City Manager,
73
calculated on the basis of a 360-day year of twelve 30-day months The Council
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authorizes the issuance and sale of the Bonds to the Underwriters upon terms as shall be
75
satisfactory to the City Manager; provided that (a) the true or "Canadian" interest cost of
76
the Bonds shall not exceed 6 50% per year (taking into account any original issue discount
77
and the premium cost of a municipal bond insurance policy), Co) the Bonds shall have a
78
final maturity no later than the year 2025, (c) the Bonds shall be sold to the Underwriters
79
at a price not less than 99% of the aggregate principal amount thereof (without taking into
80
account any original issue discount) and (d) the Bonds shall be subject to optional
81
redemption at a premium not to exceed 2% of their principal amount.
82
4 The Bonds shall be limited obligations of the City, payable solely from Pledged
83
Revenues (as defined in the Trust Agreement) and the funds created by the Trust
84
Agreement and pledged to the payment of the Bonds, and nothing in the Bonds or the
85
Trust Agreement shall be deemed to create or constitute an indebtedness or pledge of the
86
Commonwealth of Virginia or any political subdivision thereof, including the City.
87
5 The City hereby approves of the selection of First Union Securities, Inc., and
88
Wachovia Securities, Inc., as Underwriters for the Bonds.
89
6 The City authorizes the Underwriters to distribute the Preliminary Official
90
Statement in form deemed "near final" as of its date, within the meaning of Rule 15c2-12
91
of the Securities and Exchange Commission, to prospective purchasers of the Bonds, with
92
such completions, omissions, insertions and changes as may be approved by the City
93
Manager. Such distribution shall constitute conclusive evidence of the approval of the
94
City Manager as to any such completions, omissions, insertions and changes and that the
95
City has deemed the Preliminary Official Statement to be near final as of its date.
96 7. The City Manager is hereby authorized and directed to approve such
97
completions, omissions, insertions and other changes to the Preliminary Official Statement
98
necessary to reflect the terms of the sale of the Bonds and the details thereof appropriate
99
to complete it as an official statement in final form (the "Official Statement") and to
100
execute and deliver the Official Statement to the Underwriters. The Underwriters are
101
hereby authorized to distribute the Official Statement to the purchasers of the Bonds
102
Execution of the Official Statement by the City Manager shall constitute conclusive
103
evidence of his approval of any such completions, omissions, insertions and changes and
104
that the Official Statement has been deemed final by the City as of its date within the
105
meaning of Rule 15c2-12 of the Securities and Exchange Commission
106
8. The Mayor is hereby authorized and directed to execute the Bonds by manual
107
or facsimile signature, the City Clerk is hereby authorized and directed to countersign the
108
Bonds and affix the seal of the City thereto or cause a facsimile thereof to be printed
109
thereon, and the officers of the City are hereby authorized and directed to deliver the
110
Bonds to the Registrar for authentication and delivery to the Underwriters.
111
9. The City Manager is authorized to obtain, on behalf of the City, municipal bond
112
insurance to guarantee the payment of principal of and interest on the Bonds if the City
113
Manager, in collaboration with the Financial Advisors and the Underwriters, determines
114
that selling the Bonds insured by such a policy would be in the best interest of the City.
115
The City Manager is hereby authorized to agree to such changes to the form of the
116
Documents and the Bonds as he may consider appropriate to comply with requirements of
117
the bond insurer
118
10. The officers of the City are hereby authorized and directed to execute, deliver
119
and file all certificates and documents and to take all such further action as they may
120
consider necessary or desirable in connection with the issuance and sale of the Bonds and
121
the undertaking of the Project, including without limitation (a) execution and delivery of a
122
certificate setting forth the expected use and investment of the proceeds of the Bonds to
123
show that such expected use and investment will not violate the provisions of Section 148
124
of the Internal Revenue Code of 1986, as amended (the "Code"), and regulations
125
thereunder, applicable to "arbitrage bonds," (b) making any elections that such officers
126 deem desirable regarding any provision requiring rebate to the United States of "arbitrage
127
profits" earned on investmem of proceeds of the Bonds, and (c) filing Internal Revenue
128
Service Form 8038-G. The foregoing shall be subject to the advice, approval and
129
direction of bond counsel.
130
11. Any authorization herein to execute a document shall include authorization to
131
deliver it to the other parties thereto and to record such document where appropriate.
132
12. All other acts of the officers of the City that are in conformity with the
133
purposes and intent of this Resolution and in furtherance of the issuance and sale of the
134
Bonds and the undertaking of the Project are hereby approved and ratified.
135
13. This Resolution shall take effect immediately.
136
137
138
day of
Adopted by the Council of the City of Virginia Beach, Virginia, on the
December
_, 1999.
139
140
141
142
CA7550
ORDIN~ONCODE~PROPO SED\VAB 1999 StormwaterBond.res
DECEMBER 1, 1999
143
144
145
146
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY
City Attorney's Office
MEMORANDUM
Date: October 8, 1999
To:
From:
James K. Spore
Patricia A. Phillips, Director of Finance ~ / ~
Subj:
Stormwater Revenue Bonds
In August we informed you and City Council of our intention to develop a Stormwater
Revenue Bond Program and indicated that a Request for Proposal (RFP) had been developed and
mailed to seventeen underwriting firms with the purpose of selecting a senior managing
underwriter for the program. Six firms submitted proposals and an evaluation team consisting of
staff from the Finance Department and the City's Financial Advisors reviewed the proposals
based on the following criteria:
(A)
(I~)
(C)
(D)
Plan Of Finance
Marketing and distribution
Experience
Cost Estimates
It is the conclusion of the evaluation team that based on the proposals submitted, First
Union Capital Markets Corporation is best qualified to serve as senior manager. Their approach
was comprehensive and thorough and it was felt that First Union offered the best combination of
expertise and market distribution capability. Their costs were very competitive, demonstrating
their desire to serve the City.
The evaluation committee felt that a second firm should be added as a co-manager to
provide assistance in the distribution of the bonds and consequently lower costs for the City.
Wachovia Securities Incorporated is recommended as the co-manager. ~
These two firms provide an effective team for retail distribution particularly in Virginia
where it is felt the City will achieve the best price for its bonds.
Bond Counsel for this transaction, Hunton and Williams, is preparing a master resolution
for the Stormwater Program. At a later date City Council will be presented with this detailed
resolution to authorize the first sale of Stormwater Utility Revenue Bonds and to approve the
selection of underwriters.
F \Users\BSalmons\Pattt mcmo\StormwaterRevBond wpd
Item VI-K.
- 35 -
PLANNING
ITEM # 46017
PLANNING
1.BETH SHOLOM TERRA CE
2. P.M. GASKINS
MODIFICATION OF
CONDITION
(3/9/99 APPROVED CUP)
ENLARGEMENT OF A
NONCONFORMING USE
3. ENTERPRISE RENT-A-CAR
CONDITIONAL USE PERMIT
4. MAR VINM. ROLLINS, JR.
CONDITIONAL USE PERMIT
5. HOG-POSTL. L. C.
CONDITIONAL USE PERMIT
6. CHARTER BEHAVIORAL HEALTH SYSTEM
OF VIRGINIA BEACH
CONDITIONAL USE PERMIT
7. D. W. GA TLING, INC. T/A
ALLSAFE SELF STORA GE
CONDITIONAL
CHANGE OF ZONING
and
CONDITIONAL USE PERMIT
8. K& E, LLC
CONDITIONAL CHANGE OF
ZONING
December 7, 1999
- 36-
Item VI-K.
PLANNING
ITEM # 46018
Upon motion by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Council APPROVED IN ONE
MOTION Items 1, 3, 7 and 8 of the PLANNING BY CONSENT AGENDA.
Voting 10-0
Councd Members Vottng Aye.
Ltnwood O. Branch, III, Margaret L. Eure, Wtlliam W. Harrison, Jr,
Harold Heischober, Barbara M Henley, Reba S McClanan, Mayor
Meyera E Oberndor~, Nancy K Parker, Vtce Mayor W'tlltam D Sessoms,
Jr and A M "Don" Weeks
Counctl Members Vottng Nay
None
Counctl Members Absent'
Louis R Jones
Vtce Mayor Sessoms ABSTAINED on Item K 8. (K & E, LLC)
December 7, 1999
-37-
Item VI-K. 1.
PLANNING
ITEM # 46019
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Council APPROVED the
application of BETH SHOLOM TERRA CE for the Modification of Condition No. 1 placed on the March
9, 1999, approved apphcatton for a Conditional Use Permit to tncrease the number of units for an assisted
living facility at 6401 Auburn Drive (CENTER VILLE- DISTRICT 1)
The followtng condttions shall be requtred.
The Condittonal Use Permtt approval as modtfied, shall allow
the development of an assisted hvtngfacdtty conststing of up to
72 beds and shall substantially adhere to the prehmtnary stte
plan datedDecember 1998, on file tn the Department of Planntng
office
The buddtng matertals and colors for the assisted hvtng structure
shall substantially adhere to the colored rendering entitled,
"Beth Sholom Home of Eastern Vtrgtnta, Ballow Justtce Upton
Archttects ", dated January 15, 1999, on file wtth the Planmng
Department
Landscaping shall substantially adhere to the prehmtnary
landscape plan entitled, "Beth Sholom Home of Eastern VA,
Destgn Edward G. Carson, ASLA, "dated January 18, 1999
.
The locatton and design of all proposed extertor stgns must be
submttted to and approved by the Dtrector of Planmng prior to
the submtssion of the signs for Ctty permit approvals Any free
standing signs shall be monument style with colors and budding
matertals tn keeptng wtth the archttecture of the stte
An automatic sprtnkler system and an automattc fire alarm
system approved by the Office of Ftre/Plans Revtew and the City
Ftre Protectton Engtneer shall be installed. Such systems shall
comply with NFPA 13R and NFPA 13
Vottng: 10-0 (By ConsenO
Councd Members Vottng Aye.
Linwood 0 Branch, III, Margaret L. Eure, Wdham W Harrison, Jr.,
Harold Hetschober, Barbara M Henley, Reba S McClanan, Mayor
Meyera E Oberndo~ Nancy K Parker, Vtce Mayor Wdham D Sessoms,
Jr and A M "Don" Weeks
Councd Members Vottng Nay:
None
Council Members Absent'
Louis R Jones
December 7, 1999
- 38 -
Item VI-K.2.
PLANNING
ITEM # 46020
Upon motton by Councdman Harrtson, seconded by Vtce Mayor Sessoms, Ctty Councd DENIED
apphcatton of P. M. GASKINS for an enlargement o fa nonconforming use:
Resolution authoriztng enlargement of a nonconforming use re
constructton of a loading/unloading ramp for a recyclingfacthty at 1641
Industrial Park Road (L YNNHA VEN - DISTRICT 5)
Vottng 10-0
Councd Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, Wdliam W. Harrtson, Jr,
Harold Heischober, Barbara M Henley, Reba S. McClanan, Mayor
Meyera E Oberndorf, Nancy K. Parker, Vtce Mayor Wdliam D Sessoms,
Jr and A M "Don" Weeks
Councd Members Vottng Nay
None
Councd Members Absent
Louis R Jones
December 7, 1999
Item VI-K.3.
- 39-
PLANNING
ITEM ii 46021
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Councd ADOPTED an
Ordinance upon apphcation of ENTERPRISE RENT-A-CAR for a Condittonal Use Permtt
ORDINANCE UPON APPLICATION OF ENTERPRISE RENT-A-CAR
FOR A CONDITIONAL USE PERMIT FOR AUTOMOBILE RENTALS
R012993005
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon apphcatton of Enterprtse Rent-A-Car for a Conditional
Use Permit for automobde rentals on the South stde of Indian Rtver Road,
East of Kempsvtlle Road (GPIN #1465-3 7- 7883) Satd parcel ts located at
5253 Indian Rtver Road and, contatns 23,6966 square feet
(CENTER VILLE- DISTRICT 1), subject to
The followtng conchttons shall be required
The extertor buil&ng modtficatton, tncludtng colors and stgnage,
shah be substantially tn keeptng wtth thephoto exhtbtts provtded
by the apphcant and on file tn the Department of Planning
The existing polefor a freestandtng stgn shah be removed and
stgnage wtll be hmtted to that allowed by the Zontng Ordtnance.
3 No outdoor loud speakers orpagtng systems wtll bepermitted
All landscaping and parking lot striping must meet code
reqmrements outhned in the Zoning Ordinance and shall be
substantially tn keeptng wtth that shown on the submitted plan
for "Enterprise Rent A Car, prepared by TES Inc. dated 9-13-99,
and on file wtth the Department of Planmng. Planting boxes will
be constdered an approprtate method for accomphshtng
foundatton landscaptng requirements
This Ordtnance shall be effective tn accordance with Sectton 107 09 of the Zontng Ordtnance
Adopted by the Council of the Ctty of Virgima Beach, Virginta, on the Seventh Of December. Ntneteen
Hundred and NineO,-Nine
December 7, 1999
- 40-
Item VI-K.3.
PLANNING
ITEM # 46021 (Continued)
Voting. 10-0 (By Consent)
Councd Members Vottng Aye'
Linwood O. Branch, III, Margaret L Eure, Wilham W. Harrtson, Jr,
HaroM Hetschober, Barbara M Henley, Reba S McClanan, Mayor
Meyera E Oberndorf, Nancy K Parker, Vice Mayor Wilham D Sessoms,
Jr. and A. M "Don" Weeks
Councd Members Vottng Nay
None
Counctl Members Absent
Louis R Jones
December 7, 1999
Item VI-K. 4.
- 41 -
PLANNING
ITEM # 46022
Attorney R E. Bourdon, Pembroke one 5th Floor, Phone: 499-8971, represented the applicant and presented
pettttons tn SUPPORT, whtch are hereby made a part of the record.
Upon motton by Council Lady Henley, seconded by Vtce Mayor Sessoms, Ctty Councd ADOPTED
Ordtnance upon apphcatton of MARVIN M. ROLLINS, JR., for a Condtttonal Use Permtt
ORDINANCE UPON APPLICA TION OF MAR VIN M ROLLINS, JR, FOR
A CONDITIONAL USE PERMIT FOR GASOLINE SALES R012993006
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon apphcation of Marvin M Rollins, Jr, for a Con&ttonal
Use Permtt for gasoline sales on the west side of Prtncess Anne Road at its
tntersectton with Morris Neck Road Satdparcel ts located at 601 Prtncess
Anne Road and contatns 33,065 square feet (PRINCESSANNE- DISTRICT
7)
The followtng conditions shall be requtred
Should a prtvate water supply/sewage disposal system be
requtred, the applicant shall obtatn approval for the water and
sewer chsposal system from the Vtrgmia Beach Department of
Pubhc Health All proposed sources of contamtnatton, such as
gasoline tanks, must meet the standoffs to any water supply (on
or off the property)
The Condittonal Use Permit ts approved for two (2) gas pumps
only No equtpment/matntenance buil&ng shall be approved for
the stte
No land disturbtng activity shall occur on the site unttl such time
that a Stormwater Management Plan ts submttted to and
approved by the Planmng Department's Development Services
Center An eroston control permtt and approprtate bonds will be
requtred
A mtmmum twenty foot (20') right-of-way dechcatton ts required
along this stte's frontage on Princess Anne Road for an ulttmate
70 foot (70') rtght-of-way as tndicated on the Master
Transportatton Plan.
The applicant wtll be requtred to provtde downstream dratnage
easements and ultimate drainage outfall t fit ts determtned during
formal site plan review that such requirements are necessary
At time of detaded stte plan preparatton, the apphcant shall
ensure that the proposed gas pumps and canopy matntatn the
requtred front yard setback of 35-feet from the ulttmate rtght-of-
way
December 7, 1999
- 42 -
Item VI-K. 4.
PLANNING
ITEM # 46022 (Continued)
,
,
In addttton to the landscaptng proposed on the submttted
plan, the apphcant shall tnstall the following:
a. Andorra Juniper for the entire area around the base of the stgn;
b. Crape Myrtle along the stte's frontage on Prtncess Anne Road; and
c. Southern Wax Myrtle around the proposed eqmpment/maintenance bml&ng.
The canopy for the gas pumps shall be destgned and
constructed to include brtck column supports and a
mansard-style roof covered wtth archttectural-grade
composite shingles. The exterior of the
equipment/maintenance buildtng shall be brtck.
.ds Modified- Thts fuel sales operatton shah be manned
during all bustness hours, except, to the extent modtfied by
the Chief of Ftre Protection tn accordance wtth Sectton
12.46 oft he Ctty Code. If thefacthty ts to be manned, the
ktosk added to accommodate the attendant shall be
prtmartly brick, tn keeptng wtth the other planned
tmprovements
This Ordinance shall be effecttve tn accordance wtth Sectton 107 09 of the Zomng Ordinance
Adopted by the Council of the City of Virgtma Beach, Virginia, on the Seventh of December, Nineteen
Hundred and Ntnety-Nine
Voting 10-0 (By Consent)
Counctl Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, Wdliam W. Harrison, Jr,
Harold Hetschober, Barbara M. Henley, Reba S McClanan, Mayor
Meyera E. Oberndorf Nancy K Parker, Vice Mayor Wtlham D Sessoms,
Jr and A M "Don" Weeks
Counctl Members Voting Nay.
None
Counctl Members Absent'
Louts R. Jones
December 7, 1999
Item VI-K. 5.
- 43 -
PLANNING
ITEM # 46023
Bally Garrtngton, 4 71 Southstde Road, represented the apphcant
The following regtstered in OPPOSITION:
Margte Chapman, Property Manager - GSH Real Estate, 3704 Pacific Avenue, Phone. 428-0201,
represented Mary Kaufman, owner of two properties on Louisa Avenue Petittons were presented tn
OPPOSITION
Bruce W Gallup, 315 Ftrst Colonial Road, Phone: 428-3132, represented his mother and htmself- owners
of a small office park directly across First Colomal Road. Letters in OPPOSITION were presented and are
hereby made a part of the record.
A MOTIONwas made by Councilman Branch, seconded by Councilman Weeks to ADOPT an Ordtnance
upon Applicatton of HOG-POST L.L.C., for a Conchttonal Use Permtt for motor vehtcle sales.
servtce and truck rentals wtth the addittonal condittons of the motor vehtcle sales being for one year and
a monument stgn
ORDINANCE UPON APPLICATION OF HOG-POST L L C FOR A
CONDITIONAL USE PERMITFOR MOTOR VEHICLE SALES, SER VICE
AND TRUCK RENTALS
An Or&nance upon apphcatton ofHog-Post, L L C., for a Condtttonal Use
Permtt for motor vehicle sales, servtce and truck rentals on certatn
property located on the east side of First Colonial Road begtnning at a
point 220 feet more or less north of Virgtnta Beach Boulevard (GPIN
#2407-86-4082). Satd parcel contatns 41, 774 square feet. DISTRICT 6-
BEACH.
Voting.
5-5 (MOTION LOST TO/1 TIE VOTE)
Counctl Members Vottng Aye:
Linwood 0 Branch, III, Margaret L Eure,, Harold Hetschober,
Mayor William D Sessoms, Jr. and A M "Don" Weeks
~lce
Counctl Members Vottng Nay.
Wtlham W. Harrtson, Jr, Barbara M Henley, Reba S McClanan, Mayor
Meyera E. Oberndorf and Nancy K Parker
Council Members Absent
Louis R Jones
December 7, 1999
Item VI-K. 6.
- 44 -
PLANNING
ITEM # 46024
Upon motion by Councilman Harrtson, seconded by Counctlman Branch, City Council DEFERRED UNTIL
CITY COUNCIL SESSION OF DECEMBER 14, 1999, Ordtnance upon Apphcatton of CHARTER
BEHAVIORAL HEALTH SYSTEM OF VIRGINIA BEACH for a Conchttonal Use Permtt
ORDINANCE UPON APPLICATION OF CHARTER BEHAVIORAL
HEALTH SYSTEM OF VIRGINIA BEACH FOR A CONDITIONAL USE
PERMIT
Ordtnance upon appltcatton of Charter Behavioral Health System of
Vtrgtnta Beach for a Conchttonal Use Permtt for an office budding wtth a
dmtng room for staff only on the south side of Will-O- Wisp Drive, east of
Ftrst Colonial Road (GPIN #2408-63-9112, #2408-62-6959) Said parcel
ts located at 1701 Wtll-O- Wisp Drtve and contatns 7 acres DISTRICT 5 -
L YNNHA VEN.
Voting: 10-0
Councd Members Voting Aye
Linwood 0 Branch, II[, Margaret L Eure, Wtlham W Harrison, Jr.,
Harold Hetschober, Barbara M. Henley, Reba S McClanan, Mayor
Meyera E Oberndorf Nancy K. Parker, Vtce Mayor Wilham D Sessoms,
Jr and A M "Don" Weeks
Councd Members Voting Nay
None
Counctl Members Absent:
Louis R. Jones
December 7, 1999
Item VI-K. 7.
- 45 -
PLANNING
ITEM # 46025
Upon motion by Vtce Mayor Sessoms, seconded by Councilman Branch, City Councd ADOPTED an
Ordtnances upon applicatton of D. W. GATLING, INC., T/A ALLSAFE SELF STORAGE for a
Conchttonal Change of Zontng and Condittonal Use Permtt
ORDINANCE UPON APPLICATION OF D W GA TLING, INC, T/A
ALLSAFE SELF STORAGE FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM 0-2 TO CONDITIONAL B-IA ZO] 2991151
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application ofD W Gatling, Inc , T/A Allsafe Self Storage
for a Change of Zomng Dtstrwt Classtficatwn from 0-2 Office Dtstrict to
Condittonal B-IA Ltmited Community Bustness Dtstrtct on the north stale
of McComas Way at the southern terminus of Strawbrtdge Road (GPIN
#2414-07-263 7) Theproposed zonmg classificatton change to Con&ttonal
B-lA ts for hmited retail land use. The Comprehensive Plan recommends
use of this parcel for retail and servtce uses in accordance wtth other plan
polictes Satdparcel contatns 3 53 acres DISTRICT 7- PRINCESSANNE
The following con&tton shall be required'
Agreement encompasstng proffers shall be recorded wtth the
Clerk of the Ctrcmt Court and ts hereby made a part of the
record
ORDINANCE UPON APPLICATION OF D W GA TLING, INC , T/A
ALLSAFE SELF STROAGE FOR A CONDITIONAL USE PERMIT FOR
SELF-STORAGE R012993007
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon apphcatton ofD. W. Gathng, Inc , T/A Allsafe Self Storage
for a Condtttonal Use Permtt for self-storage on certain property located
on the north side of McComas Way at the Southern termtnus oJ
Strawbrtdge Road (GPIN #2414-0 7-263 7) Said parcel contatns 3.53 acres
(PRINCESS ANNE - DISTRICT 7)
The following condtttons shall be requtred
The design and extertor materials of the buddings shall
substantially conform to the submitted rendertng labeled "Davtd
Gatling/McComas Way- 11/10/99"
The building and stte layout, fenctng, and landscaptng shall
substantially conform to the submitted plan entttled,
"Prehmtnary Stte Plan, Allsafe Self Storage," by The Spectra
Group, dated 8/11/99
The fence to be tnstalled on the property shall substanttally
conform to the submitted photograph, entttled "Ornamental
Fence with Brick Columns ", and dated 11/10/99.
The East endwalls of the buddtngs shall be constructed to
substanttally conform to the destgn as tndtcated on the submttted
photograph entttled "East Endwall Vtew", and dated 11/10/99
December 7, 1999
Item VI-K. 7.
- 46-
PLANNING
ITEM # 46025 (Continued)
.
,
Should addittonal stte area be required durtng final stte plan
review to accommodate stormwater management fatalities and/or
other standard code requtrements, that site area shall be
provided through a reductton m mmi-warehouse bud&ng area,
and not through the ehm~nation of depicted office components of
any bud&ngs constructed on site, or through the reduction of
setbacks or landscaped open space
In accordance with Sectton 23 7 of the Ctty Zoning Ordinance, all
outdoor hghts shah be shtelded to chrect hght and glare onto the
mtni-warehouse premises, said hghting and glare shall be
deflected, shaded, and focused away from all adjotmngproperty.
Any outdoor lighttngfixtures shah not be erected any htgher than
fourteen feet (14').
No barbed wire, razor wtre, or any other fencing devices shall be
installed on the roof or walls of the buddtng or on the fence
surroundtng the property
The only sign identifying the self-storage facdity shall be a
freestanding monument sign not to exceed a hetght of etght feet
(8'.) and shall be constructed wtth a brtck base matchtng the brick
on the buildtngs deptcted on the submttted rendertng. The face
of the stgn shall substanttally conform to the destgn and colors
of the face as shown on the submttted sign plan labeled "&gn ",
and dated 11/10/99. All stgnage shall be externally lit from
ground level and no neon hghttng vtstble from any adjotntng
property shall be permitted to be placed on the property
Signs for the tndtvidual office units are hmtted to letters tnstalled
as an integral part of the awmngs above the doorways as
depicted on the submttted rendering
10. The hours of operatton shall be from 7'00 am to 7:30pm
These Ordtnances shall be effective in accordance with Sectton 107 09 of the Zomng Ordtnance
Adopted by the Council of the Ctty of Virgima Beach, Virginia, on the Seventh of December, Ntneteen
Hundred and NineS-Nine
Voting. 10-0
Council Members Vottng Aye:
Ltnwood 0 Branch, III, Margaret L Eure, Willtam W. Harrtson, Jr,
Harold Hetschober, Barbara M Henley, Reba S. McClanan, Mayor
Meyera E Oberndorf, Nancy K. Parker, Vice Mayor Wdham D Sessoms,
Jr. and A M "Don" Weeks
Counctl Members Vottng Nay:
None
Counctl Members Absent'
Louts R. Jones
December 7, 1999
City of Virginia Beach
ZI4TER-OFFZCE COI RESPOi EIdCE
In Reply Refer To Our F~le No. DF-5011
DATE: November 18, 1999
TO: Leslie L. Lilley DEPT: City Attorney
FROM: William M. Macali {~{ DEPT: City Attorney
RE:
Conditional Zoning Application
D. W. Gatling, Inc. and Ferrell Parkway Associates, Inc.
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on December 7, 1999. I have reviewed the subject proffer agreement, dated
July 26, 1999, and have determined it to be legally sufficient and in proper legal form. A
copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
WMM
Enclosure
THIS AGREEMENT, made as of the 26th day of July, 1999, by and between
D. W. GATLING, INC., a Virginia corporation, contract purchaser of the property described on
EXHIBIT A attached hereto, and FERRELL PARKWAY ASSOCIATES, INC., a Virginia
corporation, owner of the property described on EXHIBIT A attached hereto (hereinafter
collectively referred to as "Grantors"); and the CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee").
WITNESSETH:
WHEREAS, the Grantors have initiated an amendment to the Zoning Map of the
City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the
classification of the Grantors' property from 0-2 (Office) to B-IA Conditional (Community
Business), on certain property which contains a total of 3.5 acres, more or less, located in the
Princess Anne Election District of the City of Virginia Beach, Virginia, more particularly
described in the attached Exhibit A (hereinafter the "Property"); and
WHEREAS, the Grantee's policy is to provide only for the orderly development
of land for various purposes, including office and mini-warehouse purposes, through zoning and
other land development legislation; and
WHEREAS, the Grantors acknowledge that the competing and sometimes
incompatible uses conflict, and that in order to permit differing uses on and in the area of the
su. bject Property and at the same time to recognize the effects of the change and the need for
various types of uses, including those listed above, certain reasonable conditions governing the
use of the Property for the protection of the community that are not generally applicable to land
This instrument was prepared by Mays & Valentine, L.L.P.
similarly zoned B-lA Conditional are needed to cope with the situation to which the Grantor's
rezoning application gives rise; and
WHEREAS, the Grantors have voluntarily proffered in writing in advance of and
prior to the public hearing before the Grantee, as part of the proposed conditional amendment to
the Zoning Map, in addition to the regulations provided for in the existing B-IA Conditional
zoning district by the existing City Zoning Ordinance (CZO), the following reasonable
conditions related to the physical development, operation and use of the Property to be adopted
as a part of said amendment to the new Zoning Map relative to the Property, all of which have a
reasonable relation to the rezoning and the need for which is generated by the rezoning; and
WHEREAS, said conditions having been proffered by the Grantors and allowed
and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions
shall continue in full force and effect until a subsequent amendment changes the zoning on the
Property covered by such conditions; provided, however, that such conditions shall continue
despite a subsequent amendment if the subsequent amendment is part of the comprehensive
implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the
foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record
owner of the subject Property at the time of recordation of such instrument; provided, further,
that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of
ordinance or resolution adopted by the governing body of the Grantee, after a public hearing
before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-
2204, which said ordinance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent.
-2-
NOW, THEREFORE, the Grantors, for themselves, their successors, assigns,
grantees, and other successors in title or interest, voluntarily and without any requirement by or
exaction from the Grantee or its governing body and without any element of compulsion of quid
pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the
following declaration of conditions and restrictions which shall restrict and govern the physical
development, operation and use of the Property if developed for a use permitted under the B-1 A
Conditional zoning classification, and hereby covenant and agree that these Proffers shall
constitute covenants running with the said Property, which shall be binding upon the Property
and upon all parties and persons claiming under or through the Grantors, their heirs, personal
representatives, assigns, grantees and other successors in interests or title, namely:
1. The Property shall be used solely for office space and self-storage
facilities
Further conditions may be required by the Grantee during detailed Site Plan
and/or Subdivision review and administration of applicable City Codes by all cognizant City
agencies and departments to meet all applicable City Code requirements.
All references hereinabove to zoning districts and to regulations applicable
thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of
the date the conditional zoning amendment is approved by the Grantee.
The Grantors covenant and agree that (1) the Zoning Administrator of the City of
Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing
body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions,
including (i) the ordering in writing of the remedying of any noncompliance with such
-3-
conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions,
including mandatory or prohibitory injunction, abatement, damages or other appropriate action,
suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the
issuance of any of the required building or occupancy permits as may be appropriate; 3) if
aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the
City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the
review thereof prior to instituting proceedings in court; and (4) the Zoning Map show by an
appropriate symbol on the map the existence of conditions attaching to the zoning of the subject
Property on the map and that the ordinance and the conditions may be made readily available and
accessible for public inspection in the office of the Zoning Administrator and in the Planning
Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee.
(PAGES TO FOLLOW ARE SIGNATURE PAGES)
-4-
THE UNDERSIGNED ACKNOWLEDGES THAT HE HAS READ THE
FOREGOING AGREEMENT.
WITNESS the following signature and seal.
D. W. GATLING, INC., a Virgigia corporation
David W. Gaffing, Preside~/
FERRELL PARKWAY ASSOCIATES, INC., a
//~ .Z'~ (-- "e/'c:7~EAL)
Thomas C. Broyles, Pres~'dent
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this ]~~lay of
~~./qO~i by David W. Gaffing, as president of D. W. Gaffing, Inc., a Virginia
c~rporati'on, on behalf of the corporation.
My Commission Expires:
Notary Publi~
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this }oT'~ay of
C~_lxagx~,/~q~ by Thomas C. Broyles, as President of Ferrell Parkway Associates, Inc., a
V~rgi~a co~6ratibn, on behalf of the corporation.
~/ Notary Publi~:
My Commission Expires:/~~2/ ~/) ,~E)O(3
24462
-5-
EXHIBIT A
ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon,
situate, lying and being in the City of Virginia Beach, Virginia, and known, numbered and
designated as "PARCEL A-3-1, 3.53008 AC.," as shown on that certain plat entitled "PLAT
SHOWING A SUBDIVISION OF PARCEL A-3 FERRELL PARKWAY ASSOCIATES, INC.,
D.B. 3017 PG. 1527, D.B. 2770 PG. 700, D.B. 2768 PG. 2131, M.B. 240 PG. 22, VIRGINIA
BEACH, VIRGINIA," and dated April 9, 1998, which said plat is duly recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 273, Page 14
through 16.
IT BEING a portion of the same property conveyed to FERRELL PARKWAY ASSOCIATES,
INC., a Virginia corporation, by deed from Dominion Lands, Inc., a Virginia corporation, dated
September 12, 1988, recorded in Deed Book 2768, page 2131.
IT ALSO BEING a portion of the property being formerly a portion of Strawbridge Road, which
portion of Strawbridge Road was closed by Ordinance adopted May 28, 1991 and recorded June
18, 1991 in Deed Book 2995, page 143.
24462
-6-
Item VI-K. 8.
-47-
PLANNING
ITEM # 46026
Upon motton by Vice Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED an
Ordinance upon apphcatton of K & E, LLC, fora Condittonal Change of Zontng Distrtct ClasMficatton
ORDINANCE UPON APPLICATION OF K & E, LLC FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM B-2 AND R-5D TO CONDITIONAL B-2 AND I-1 Z012991152
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon apphcation of K & E, LLC for a Change of Zomng
Dtstrtct Classtficatton from B-2 Community Bustness Dtstrtct and R-5D
Restdential Duplex District to Conditional B-2 Community Bustness
Dtstrict and Condtttonal I-1 Ltght Industrtal Dtstrtct on the north stde of
princess Anne Road, west of Bellingham Road (GPIN #1466-88-4803) The
proposed zontng classtficatton change to Conchttonal B-2 ts for
commercial land use The Comprehensive Plan recommends use of the
extsttng B-2 zoned stte for retail, servtce and office use The extstmg R-5D
zoned site is recommended for suburban restdenttal/medtum &htgh
densities that are compattble wtth stngle famtly use tn accordance wtth
other Plan pohcies. Satd parcel ts located at 5102 Prtncess Anne Road and
contams 6 4 acres. DISTRICT 2 - KEMPSVILLE
The followtng conchtion shall be require&
Agreement encompasstng proffers shall be recorded wtth the
Clerk of the Ctrcutt Court and ts hereby made a part of the
proceedings
Voting 9-0 (By Consent)
Counctl Members Vottng Aye
Linwood 0 Branch, III, Margaret L. Eure, Wdliam W Harrtson, Jr,
HaroM Heischober, Barbara M Henley, Reba S McClanan, Mayor
Meyera E Oberndorf, Nancy K Parker and A M "Don" Weeks
Councd Members Voting Nay
None
Council Members Abstatmng'
Vice Mayor Wdham D. Sessoms, Jr.
Council Members Absent
Louis R Jones
(Please note Vice Mayor Sessom's Abstention on Page 15)
December 7, 1999
City o£ Vix'-t i: .ia Reach
NTER-OFF CE CORRESPONDENCE
In Reply Refer To Our File No. DF-4988
DATE: November 18, 1999
TO: Leslie L. Lilley DEPT' City Attorney
FROM: William M. Macali ~[~ DEPT: City Attorney
Conditional Zoning Application
K&E, L.L.C.
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on December 7, 1999. I have reviewed the subject proffer agreement, dated
October 26, 1999, and have determined it to be legally sufficient and in proper legal form.
A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
WMM
Enclosure
THIS AGREEMENT, made as of the .J40-~ day of October, 1999 by and between
K&E, L.L.C., a Virginia Limited Liability Company, contract purchaser of the Property
described on Exhibit "A" attached hereto ( hereinafter referred to as "Grantor"); and the City of
Virginia Beach, a municipal corporation of the Commonwealth of Virginia (hereinafter referred
to as "Grantee").
WITNESSETH:
WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of
Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification
of the Grantor's property from R-5D (residential) and B-2 (commercial), to conditional B-2 and
I-1 (industrial) on certain property which contains a total of 6 36 acres, more or less, located in
the Kempsville District of the City of Virginia Beach, Virginia ("District"), more particularly
described in the attached Exhibit "A" (hereinafter the "Property"); and
WHEREAS, the Grantee's policy is to provide for the orderly development of real
property for various purposes, including residential and commercial purposes, through zoning
and other land development legislation; and
WHEREAS, the Grantor acknowledges that competing and sometimes incompatible
uses conflict, and that in order to permit differing uses on and in the area of the subject Property
and at the same time to recognize the effects of the change and the need for various types of
uses, including those listed above, certain reasonable conditions governing the use of the
Property for the protection of the community that are not generally applicable to land similarly
zoned R-5D, Conditional B-2, and I-l, are needed to cope with the situation to which the
Grantor's rezoning application gives rise; and
WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to
the public hearing before the Grantee, as part of the proposed conditional amendment to the
Zoning Map, in addition to the regulations provided for in the existing R-5D and B-2 zoning
district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions
related to the physical development, operation and use of the Property to be adopted as a part of
said amendment to the new Zoning Map relative to the Property, all of which have a reasonable
relation to the rezoning and the need for which is generated by the rezoning; and
This Document Prepared By:
Douglas W Davts, Esquire
DAVIS & BRYNTESON, P C
1403 Greenbrier Parkway, Suite 400
Chesapeake, Vtrgmm 23320
(757) 420-7722
(757) 424-3293 facsimile
WHEREAS, said conditions having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions
shall continue in full force and effect until a subsequent amendment changes the zoning on the
Property covered by such conditions; provided, however, that such conditions shall continue
despite a subsequent amendment if the subsequent amendment is part of a comprehensive
implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the
foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record
owner of the subject Property at the time of recordation of such instrument, provided, further,
that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of
ordinance or resolution adopted by the governing body of the Grantee, after a public heating
before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-
2204, which said ordinance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent.
NOW THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other
successors in title or interest, voluntarily and without any requirement by or exaction from the
Grantee or its governing body and without any element of compulsion or quid pro quo for
zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following
declaration of conditions and restrictions which shall restrict and govern the physical
development, operation and use of the Property, and hereby covenant and agree that these
Proffers shall constitute covenants running with the said Property, which shall be binding upon
the Property and upon all parties and persons claiming under or through the Grantor, its heirs,
personal representatives, assigns, grantees and other successors in interest or title, namely:
1 The Property shall be rezoned and developed substantially in accordance with that
certain site plan entitled, Conceptual Site Layout and Landscape Plan of Yoder Retail Center,
dated September 7, 1999, and prepared by MSA, P.C., a copy of which has been exhibited to the
City Council of the City of Virginia Beach and is on file in the Planning Department of the City
of Virginia Beach (the "Site Plan"). The property is to be rezoned from existing B-2 (~2.60
acres), and R-SD (~ 3.76 acres), to B-2 Conditional (~2.33acres) and Iol Conditional (~1.20
acres) with R-5D zoning remaining in the approximate amount of 2.83 acres, as more
specifically set forth in the Site Plan.
2. The architectural design of the principal structures on the Property shall be
substantially as shown on that certain exhibit consisting of a drawing entitled Elevation Plan of
Yoder Retail Center, dated July 15, 1999, prepared by Cox, Kliewer & Company, P.C., copy of
which has been exhibited to the City Council of the City of Virginia Beach and is on file in the
Planning Department of the City of Virginia Beach (the "Rendering"). In addition, the exterior
building materials and colors of the principal structures on the Property and for all portions of
the principal structures on the Property shall be substantially as shown on the Rendering. There
are two primary structures proposed for the site - the retail center and the dairy processing
facility. The retail center, which will be the only structure visible from the street, will be steel
, b, xnlc~."n DC
',. ,p~'ake VA
framed with the primary materials of the street facade being brick, painted wood siding, EIFS
and aluminum storefront, the two side walls of the retail center will be primarily brick. The
dairy processing facility, which will be located behind the retail center and not visible from the
street, will be a steel framed building with prefinished metal panels for the exterior walls. The
rendering depicts the proposed quality level and architectural theme for the building, intended to
be compatible with the surrounding neighborhood.
3 The uses permitted on the Property shall be restricted to all those permitted by right
or permitted by conditional use permit upon approval thereof by City Council in conditional B-2
and I-1 zoning except that the following uses shall not be permitted:
Conditional B-2: Bicycle and moped rental establishments, dormitories for marine pilots,
dwellings attached or multi-family, eating and drinking establishments without drive through
windows, when not freestanding and incorporated inside a m~xed use building, home
occupations, housing for seniors, d~sabled, or handicapped persons, including convalescent or
nursing, matermty homes, child care centers, hotels and motels, motor vehicle sales and rental,
and off-site parking famht~es.
I-1 Zoning' Explosives manufactunng, storage and d~stnbut~on, famhties for construction,
maintenance and repatr of vessels, md~tary installations, petroleum processing, p~ers, wharves
and docks, sh~p supply estabhshments and famhties, storage or processing of salvage, scrap or
junk, terminals for freight or passengers arnwng or departing by ship, and wholesale and retail
establishments dealing primarily in bulk materials delivered by sh~p, or by sh~p and railroad or
In combination.
R-5D Zoning: Ammal pounds, shelters, commercial kennels, auditoriums, beverage
manufactunng shops, boat sales, bus~ness and vocational schools, child care centers, eating
drinking estabhshments w~th drive through windows, funeral homes, furniture repair,
greenhouses, plant nurseries, liquor stores (package only), museum and art galleries, newspaper
pnntmg, private clubs, lodges, social centers, adult bookstores, explosive manufacturing,
storage or distribution, construction/maintenance of vessels, mdltary installations, petroleum
processing, piers, wharves or docks, ship supply and facilities, storage of salvage or junk,
terminals for freight or passengers for departure by sh~p, and wholesale/retad famht~es ~nvolved
In sh~ppmg by railroad or sh~p.
4. Any exterior mechanical equipment located on the roof of the retail center shall be
screened from the view of the public right-of-way by the front canopy treatment and parapet
walls on the side.
5. A freestanding monument sign erected on the Property shall not exceed a height of
twelve feet. No portion of the signage on each sign shall protrude beyond the sign face area and
the s~gn face area shall be the same width as the monument base of the s~gn Any freestanding
sign constructed on the Property shall be of substantially the same exterior building materials
and colors as the front facade on the retail structures.
6. Site lighting on the Property shall be internal focus metal halide.
Further conditions may be required by the Grantee during detailed Site Plan and/or
subdivision review and administration of applicable City Codes by all cognizant City agencies
and departments to meet all applicable City Code requirements.
All references hereinabove to zoning districts and to regulations applicable thereto refer
to the City Zoning Ordinance of the City of the Virginia Beach, Virginia, in force as of the date
the conditional zoning amendment is approved by the Grantee.
The Grantor covenants and agrees that (1) the Zoning Administrator of the City of
Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing
body of the City of Virginia Beach, Virginia, to administer and enforce thc foregoing
conditions, including (1) the ordering in writing of the remedying of any noncompliance with
such conditions, and (ii) thc bringing of legal action or suit to ensure compliance with such
conditions, including mandatory or prohibitory injunction, abatement, damages or other
appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute
cause to deny the issuance of any of the required building or occupancy permits as may bc
appropriate; (3) if aggrieved by any decision of the Zoning Administration made pursuant to the
provisions of the City Code, the City Zoning Ordinance of this Agreement, thc Grantor shall
petition to the governing body for the review thereof prior to instituting proceedings in court;
and (4) the Zoning Map show by an appropriate symbol on the map the existence of conditions
attaching to the zoning of the Property on the map and that the ordinance and thc conditions
may be made readily available and accessible for public inspection in the office of the Zoning
Administrator and in the Plarming Department, and that they shall bc recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of
the Grantor and Grantee.
WITNESS the following s~gnatures and seals:
K&E, L.L.C.
Name: Kenneth R. Miller
Title: Member
!
Name: Elsie L. Miller
Title: Manager
a~ Oil,cc Of
~d br~ntc~,~n PC
INDIVIDUALLY:
Name: Kenneth R. Miller
·
Name: Elsie L. Miller
COMMONWEALTH OF VIRGINIA
CITY OF CHESAPEAKE, to wit:
The foregoing instrument was acknowledged before me this 2 2 day of October, 1999
by Kenneth R. Miller and Elsie L. Miller, individually and as members ofK&E, L.L.C., a
Virginia Limited Liability Company, on behalf of the Company.
Notary Public
My commission expires:.
LEGAL DESCRIFYION OF PROPERTY TO BE REZONED
PARCEL ONE All that certain lot, piece or parcel of land situate, lying and
being near Kempsv/lle,/ri Kempsv/lle Magisterial Distr/ct, Pr/ncess Anne County,
Virginia, as can be seen by reference to a plat made for Yoder Dairies by C. R.
Mclntire, Civil Engineer, which plat is made a part of this deed and is to be
recorded herewith, and describes the property as follows:
Beginning at an iron pipe on the North side of the Kempsville Road at the
Southeastern corner of property belonging to Yoder Dairies, Incorporated, thence
along the center line of a ditch North 36 degrees 40 min. East 233.1 feet to an iron
pipe; thence along the center line of a ditch and its projection thereof North 65
degrees 00 min. West 351.9 feet to an iron pipe; thence along the center line of a
ditch South 62 degrees, 28 min., East, 984.5 feet to an iron pipe on the Northern
side of Kempsville Road, thence along the said Northern side of the Kempsville
Road North 75 degrees, 12 min. West 432.3 feet to a point; thence continuing
along the said Northern side of the Kempsville Road North 6:5 degrees 57 min.
West 317.4 feet to the point of beginning; and containing 17.60 acres, more or
less.
PARCEL TWO: ALL THAT certain lot, piece or parcel of land with the
buildings and improvements thereon, belonging, situate, lying and being at or near
Kempsville, Kempsville Magisterial District, in the County of Princess Anne,
State of Vir~nia, ~ronting on the road leading to Princess Anne Courthouse, and
more particularly bounded and described according to a plat and survey of the
same, marked "Plat of property orE. I. Herrick", dated November 1st, 1936, made
by P. F Mueller, County Surveyor, attached and made a part of this deed, and
which described the property as follows:
Beginning at a point at the edge of the fight of way of the road to Princess Anne
Courthouse, at the intersection of the edge of the fight of way of said road, the
property hereby conveyed and other property of E. I. Herriek and from said point
of begim~g running along property of E. I. Herrick along the center line of a
ditch North 36 degrees 40 minutes East 223. I feet to a point; thence turning and
running along property of E. I. Herrick North 55 degrees West 351.9 feet to a
point, thence turning and running along the west edge of a ditch, and along
property of E. [. Herrick and A. W. Price, South 47 degrees 53 minutes West
227.8 feet to a point in the edge of the fight of way of the aforesaid road to
Princess Anne Courthouse; thence turning and running along the edge of the road
which is a 6 degrees 30' curve, a cord distance of 396.3 feet to the point of
beginning; the South or Southwestern boundary of said property being the edged
of the aforesaid road; which makes the curve as above described. Said tract of
land containing two (2) acres, more or less, as shown by said plat.
o~ me Circuit Court of the r,:,.. _,.,,,' :-.-'2 .....'-, :.~.-,.,me~ m the Clerk's Offic
page 330 and in n,.,~ o.._',~ .~ V'uginia ~eeclL Virsiaia. in D,,,,~ o.. t. ,,.., ~e ·
· .-,-,,,, ,..,uu~ ~ us~., page 397. - ~ ---- ,.,w~ zvo4,
LESS AND EXCEPT the following out conveyance~ fi'om Yoder Dairies
Incorporated, a Virginia corporation:
to Richard F. Humphries and Bulah L. Humphries, husband and wife, recorded
April 30, 1949 in Deed Book 262, page :511 (0.34 acre); to Ezra M. Vann and
Mary E. Vann, husband and wife, recorded July 1, 1949 in Deed Book 264, page
333 (0.49 acre); to Robert Nelson Bradshaw and Bertha Frances Bradshaw,
husband and wife, recorded March 7, 1950 in Deed Book 270, page 527
(0.41 acres); to Bet'tie L. Hershberger and Noah .L Hershberger, wife and husband,
recorded March 20, 19:51, in Deed Book 284, page 6:5 (0.36 Acre); to Cobrett L.
Templeton and Mary Belle Templeton, husband and wife, recorded February 29,
1952 in Deed Book 297, page :5:59 (0.34 acres); to Philip B. Burbage and
Robbie D. Burbage, husband and wife, recorded May 8, 1952 in Deed Book 302,
page 214 (0.452 acre); to $iciney R. Oalcley, recorded March I1, 19:53 in Deed
Book 322, page 467 (0.45 acre); to A..1'. Kennedy and Willie L. Kennedy,
husband and wife, recorded July 31, 1953 in Deed Book 334, page 269 (0.493
acres); to Atlee R. Kilmon and Anna L. Kilmon, husband and wife, recorded
March 15, 1954 in Deed Book 353, page 287 (0.493 acre); and to John D.
DeJarnette and Julia L. DeJamette, husband and wife, recorded September I0,
1954 tn Deed Book ..371, page 390 (8.6 acres).
- 48-
Item VI-L. 1.
APPOINTMENTS
ITEM # 4602 7
B Y CONSENSUS, City Counctl RESCHEDULED the following APPOINTMENTS
PLANNING COMMISSION
WETLANDS BOARD
December 7, 1999
Item VI-L. 2.
- 49 -
APPOINTMENTS
ITEM # 46028
Upon NOMINATION by Vice Mayor Sessoms, Ctty Counctl
REAPPOINTED:
Jeffrey Warren Ainslie
Kathleen Kautz Coalter
James H. Sellers
Richard Franklin Welton
AND, APPOINTED:
Alexander Chako
Susan Goldsticker
3-Year Terms
1/1/2000 - 12/31/2002
CHESAPEAKE BAY AREA PRESER VA TION AREA BOARD
Vottng. 10-0
Councd Members Voting,4ye'
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrison, Jr,
Harold Heischober, Barbara M. Henley, Reba S McClanan, Mayor
Meyera E. Oberndorf, Nancy K Parker, Vtce Mayor Wdham D. Sessoms,
Jr. and,4 M. "Don" Weeks
Councd Members Vottng Nay'
None
Councd Members ,4bsent'
Louts R. Jones
December 7, 1999
Item VI-L.3.
- 50-
APPOINTMENTS
ITEM # 46029
Upon NOMINATION by Vice Mayor Sessoms, Ctty Counctl
REAPPOINTED:
William Russell Brown
William Joseph Brunke IV
Patricia Knott Chapman
AND, APPOINTED:
William Dyson
T. Ray Jarrett, III
Paul J. Lanteigne
3-Year Terms
1/1/2000 - 12/31/2002
COMMUNITY SER VICES BOARD
Vottng 10-0
Councd Members Vottng Aye:
Ltnwood 0 Branch, III, Margaret L Eure, Wilham W Harrtson, Jr,
Harold Hetschober, Barbara M Henley, Reba S McClanan, Mayor
Meyera E. Oberndor~, Nancy K Parker, Vtce Mayor Wtlliam D Sessoms,
Jr and A M "Don" Weeks
Counctl Members Voting Nay'
None
Counctl Members ~4bsent:
Louts R Jones
December 7, 1999
- 51 -
Item VI-L. 4.
APPOINTMENTS
ITEM # 46030
Upon NOMINATION by Vice Mayor Sessoms, Ctty Councd
REAPPOINTED:
MaryAnne Long Nixon
Joseph J. Owens
APPOINTED:
Mellie-Rose Moore
1/1/2000-12/31/2002
FRANCIS LAND HOUSE BOARD OF GOVERNORS- 3-Year Terms
Vottng. 10-0
Council Members Vottng Aye:
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Harold Hetschober, Barbara M Henley, Reba S McClanan, Mayor
Meyera E. Oberndorf Nancy K Parker, Vtce Mayor Wilham D Sessoms,
Jr and A M "Don" Weeks
Council Members Voting Nay'
None
Counctl Members Absent'
Lores R Jones
December 7, 1999
Item VI-L.$.
- 52 -
APPOINTMENTS
ITEM # 46031
Upon NOMINATION by Vtce Mayor Sessoms, Cay Council
REAPPOINTED:
Timothy R. Barrow
Molly P. Brown
C. Cheyney Cole, Jr.
Robert M. Tata, Jr.
AND, APPOINTED:
Edward (Ted) J. Carr, Jr.
3-Year Terms - 1/1/2000 - 12/31/2002
RESORT AD VISOR Y COMMISSION (RA C)
Voting' 10-0
Councd Members Voting Aye:
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W. Harrtson, Jr,
Harold Hetschober, Barbara M. Henley, Reba S McClanan, Mayor
Meyera E. Oberndorf, Nancy K Parker, Vtce Mayor Wilham D Sessoms,
Jr and A M "Don" Weeks
Councd Members Vottng Nay.
None
Councd Members Absent.
Louts R Jones
December 7, 1999
- 53-
Item VI-L. 6.
APPOINTMENTS
ITEM # 46032
Upon NOMINATION by Vtce Mayor Sessoms, Ctty Counctl REAPPOINTED:
Mary Russo
3-Year Term - 1/1/2000- 12/31/2002
VOL UNTEER CO UNCIL
Voting: 10-0
Councd Members Voting Aye:
Ltnwood 0 Branch, III, Margaret L Eure, Wtlliam W Harrtson, Jr,
Harold Hetschober, Barbara M Henley, Reba S McClanan, Mayor
Meyera E. Oberndorf, Nancy K Parker, Vtce Mayor Wilham D Sessoms,
Jr and A M "Don" Weeks
Council Members Vottng Nay:
None
Councd Members Absent
Louis R Jones
December 7, 1999
- 54 -
Item VI-L. 7.
APPOINTMENTS
ITEM # 46033
Upon NOMINATION by Vice Mayor Sessoms, Ctty Councd:
REAPPOINTED:
Jack Helfant
Maxine W. Lewis
AND, APPOINTED:
Douglas Richards
4-Year Terms
1/1/2000 - 12/31/2003
VIRGINIA B EA CH COMMUNITY DE VEL OPMENT CORPORA TION (VB CD C)
Vottng' 10-0
Councd Members Voting Aye
Linwood 0 Branch, III, Margaret L Eure, Wilham W Harrtson, Jr,
Harold Hetschober, Barbara M. Henley, Reba S McClanan, Mayor
Meyera E Oberndorf Nancy K Parker, Vice Mayor Wdliam D Sessoms,
Jr and A. M "Don" Weeks
Councd Members Vottng Nay:
None
Council Members Absent
Louis R. Jones
December 7, 1999
- 55 -
Item VI-J. 1.
UNFINISHED BUSINESS
ITEM # 46034
ADD-ON
Upon motion by Councilman Weeks, seconded by City Council AGREED TO ADD TO THE AGENDA:
SCHEDULING FOR ADVERTISING OF RECONSIDERATION of the
Apphcatton of LOTUS CREEKASSOCIA TES for a Variance to Sectton
5B of the Stte Plan Or&nance, Flood plato Regulations, to complete a
resMenttal developmentproject on property on Lotus Creek Drive, 2 70feet
South of Cam~no Real South, containing porttons of a 232.8 acre stte
(PRINCESS ANNE- DISTRICT 7) (DENIED) 11/23/99
Voting: 10-0
Councd Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wilham W Harrison, Jr,
Harold Hetschober, Barbara M Henley, Reba S McClanan, Mayor
Meyera E. Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms,
Jr and A M. "Don" Weeks
Counctl Members Voting Nay.
None
Council Members Absent'
Louis R. Jones
December 7, 1999
Item VI-J.2.
- 56-
UNFINISHED BUSINESS
ITEM # 46035
ADD-ON
Upon motton by Counctlman Weeks, seconded by Ctty Council SCHEDULED FOR AD VERTISINGAND
CITY COUNCIL SESSION OF JANUARY 4, 2000:
RECONSIDERATION of the Apphcatton of LOTUS CREEK
ASSOCIATES for a Vartance to Section 5B of the &te Plan Or&nance,
Floodplain Regulattons, to complete a restdenttal development project on
property on Lotus Creek Drive, 270 feet South of Camtno Real South,
contatntngporttons of a 232 8 acre site (PRINCESS ANNE - DISTRICT 7)
(DENIED) 11/23/99
Vottng 6-4
Councd Members Voting Aye
Margaret L Eure, Wtlliam W. Harrison, Jr, HaroM Hetschober, Reba S
McClanan, Vtce Mayor Wdham D. Sessoms, Jr. and A M "Don" Weeks
Councd Members Voting Nay:
Linwood 0 Branch, III, Barbara M Henley, Mayor Meyera E. Oberndorf
and Nancy K. Parker
Councd Members Absent
Louts R Jones
December 7, 1999
-57-
COMMENTS OF THE MA YOR.
ITEM # 46036
Mayor Oberndorf extended congratulations to Counctl Lady Henley on the btrth of her beauttful
granddaughter and wtshed her great happtness.
Sloe Grace Henley
8 pounds 12 ounces
ITEM # 4603 7
Mayor Oberndorf referenced her attendance at the tnittatton of the Yule Log at the Thoroughgood House
Thts ts the event where the youngest member ora Colonial Family set the fire and kept tt burntngfor twelve
(12) days The event was a dehghtful evening wtth dancers from the "Settlement of Newport News" Mayor
Oberndorf expressed appreciatton to Mark Reed and his staff
December 7, 1999
- 58-
Item VI-O.
ADJOURNMENT
ITEM # 46038
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 3:30 P.M.
Beverly 0 Hooks, CMC/,4,4E
Chief Deputy City Clerk
~ CMC/AAE '
Ctty Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
December 7, 1999