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APRIL 2, 2002 MINUTESCITY COUNCIL MAYOR MEYERA E OBERNDORE At-Large VICE MAYOR WILLIAM D SESSOMS, JR, At-large LINWOOD 0 BRANCH, II1, Beach -Dtstrtct 6 MARGARET L EURE, Centervtlle -Dtstrtct 1 WILLIAM W HARRISON, JR, Lynnhaven -Dtstrtct 5 BARBARA M HENLEY, Pnncess Anne - D~strtct 7 LOUIS R JONES, Baystde -Dtstrtct 4 REBA S McCLANAN, Rose Hall -Dtstrtct 3 ROBERT C MANDIGO, JR, Kempsvtlle -Dtstrtct 2 NANCY K PARKER, At-Large ROSEMARY WILSON, At-Large JAMES K SPORE, Ctty Manager LESLIE L LILLEY, City Attorney RUTH HODGES-SMITH, MMC, Ctty Clerk "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA OUR CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEA CH, VIRGINIA 23456-9005 PHONE (757) 427-4304 FAX (757) 426-5669 EMAIL Ctycncl@ctty vtrgtnta-beach va us April 2, 2002 I. CITY COUNCIL'S BRIEFINGS - Conference Room - I:00PM Ao B, KEMPSVILLE/PRINCESS ANNE/WITCHDUCK ROADS INTERSECTION (Preferred Alternative) John W. Herzke, City Engineer, Department of Public Works PERFORMING ARTS THEATRE SITE ANALYSIS Martha J. Sims, Director, Public Libraries II. REVIEW OF AGENDA ITEMS 112. CITY COUNCIL COMMENTS IV. BUDGET WORKSHOP V. INFORMAL SESSION - Conference Room - 5:30PM A. CALL TO ORDER- Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber- 6:00 PM A. CALL TO ORDER- Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Charles Moseley Oak Grove Baptist Church 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. SPECIAL SESSION March 19, 2002 2. INFORMAL and FORMAL SESSIONS March 26, 2002 G. AGENDA FOR FORMAL SESSION H. RESOLUTION , Resolution re issuance of the Development Authority's Industrial Development Revenue Bonds: Beth Sholom Home of Eastern Virginia Not to exceed $4,500,000 I. APPOINTMENTS ARTS AND HUMANITIES COMMISSION COMMUNITY SERVICES BOARD HUMAN RIGHTS COMMISSION J. UNFINISHED BUSINESS K. NEW BUSINESS L. ADJOURNMENT If you are physically d~sabled 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 Devine for the Deaf) 03/28/02slb AGENDA\04/02/02 www vbgov eom 2002-2003 RESOURCE MANAGEMENT PLAN SCHEDULE - FINAL EVENT Il TOPIC il LOCATION Ii DATE Councd Workshop Quality Education and Life Long Learning Council Conference April 9th room Council Workshop Quality Physical Environment Councd Conference April 16th Operational Support room Public Hearing Public Comment on Proposed FY 2002-2003 Resource Management Frank W. Cox High April 18th Plan School 6 PM Council Workshop Safe Community Council Conference April 23rd Family and Youth Opportunities room Public Hearing Pubhc Comment on Proposed FY 2002-2003 Resource Management Council Chamber Aprtl 23rd Plan 6 PM Council Workshop Reconciliation of outstanding resource issues Council Conference May 9th room 3 PM Adoption of FY 2002-2003 City Council Vote on Resource Management Plan Councd Chamber May 14th Resource Management 6 PM Plan (wall include Public Hearing) OU~ MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia Aprtl 2, 2002 Mayor Meyera E Oberndorf called to order the Ctty Manager's Brtefings tn the Ctty Counctl Conference Room, Ctty Hall Butldtng, on Tuesday, Aprtl 2, 2002, at 1 O0 P M Counctl Members Present Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Counctl Members Absent' Vtce Mayor V/tlham D Sessoms, Jr. Wtlham W Harrison, Jr [Entered. 2 15 P MI [Entered 1 50 P M} Louts R Jones [Entered 1 15 P M] -2- CITY MANA GER 'S BRIEFING KEMPS VILL E/PRINCESS ANNE/WITCHD UCK ROADS INTERSECTION 1:00 P.M. ITEM # 49465 John Herzke, Ctty Engtneer, presented tnformatton relattve the KEMPSVILLE/PRINCESS ANNE/ WITCHDUCKROADS INTERSECTION The Citizens Advisory Committee was composed of eleven (] 1) members and Charred by Counctlman Man&go Mr Herzke recogmzed those members tn attendance Louis McKinney Kempsville Pony League Marti Womble Emmanuel Episcopal Church Mr Herzke also recogmzed Morrts Welch and Leo Rutledge of the Vtrgtma Department of Transportatton (VDOT) The Ctttzens Informatton Meetmg was held January 9, 2002, Kempsvtlle Htgh School and the Ctttzens Advtsory Commtttee met recently to provtde thetr recommendatton A stmtlar commtttee, whtch ts charred by Counctl Lady Henley, has been developed for the Sandbridge Road project Counctlman Man&go requested thts Citizens Advisory Committee rematn and be expanded to tnclude affected or tnterested tn&vtduals tn thts area to provtde further recommendattons re thts tntersectton tmprovement Mayor Oberndorf referenced correspondence from the Emmanuel Protestant Episcopal Church that only the Vestry could speak for the Church and none of the mtersectton tmprovement alternattves would asstst them to thrtve and flourtsh as a Congregatton Counctlman Man&go advtsed thts letter was dated January 17, 2002 If thts Ctttzens Advtsory Commtttee ts conttnued, tt wtll afford opportuntttes for thts Commtttee to work wtth the Church The Ctty Counctl approved the acqutsttton of some property tmmedlately adjacent to the Church approxtmately two years ago There are opportuntttes for land tra&ng and Counctlman Man&go has &scussed thts wtth the Ctty Attorney and the City Manager as well as tnformally wtth the Vestry and the Church admtmstratton They wtshed to have the new ahgnment be as farJrom the Church as posstble By movtng the tntersectton, the sectton of Prtncess Anne Road between Emmanuel Eptscopal and Kempsvtlle Bapttst Churches becomes a smaller, less wtde road, whtch provtdes opportuntttes for "green space" The property owned by the church whtch ts most affected ts the new southern parkmg lot and thetr stormwater management factltt), There are approxtmately 70,000 vehicles whtch move through thts mtersectton on a datly basts Mr Rutledge advtsed the package of comment sheets &strtbuted to Ctty Counctl was dertved from the Clttzens Informatton Meetmg on January 9, 2002 Ctty Counctl recetved a prevtous brtefing on November 27, 2001, relattve thts tntersectton Mr Herzke advtsed the firm of Ktmley-Horn was engaged by VDOT toperform theprehmtnary engmeermg Mr Herzke mtroduced Wdham Nash and Wtlham F Mackey , dr, P C of Ktmley-Horn Mr Nash referenced the Four (4) Alternates Am Intersection constructed "at-grade "in existing location (widens Princess Anne Road to the South and Kempsville and Witchduck to the East). B -Intersection constructed "at-grade"approximately 600feet south of existing intersection C- Intersection constructed "grade-separated" south of intersection with Kempsville Road bridging Princess Anne Road (eliminates through traffic going north and south from having to stop at a signalized intersection). D _ Intersection constructed "grade-separated" south of intersection with Princess Anne Road bridging Kempsville Road (east/west traffic does not have to stop at a signalized intersection). These alternatives were presented at the Ctttzens Information Meeting along wtth a brochure and comment sheet Aprtl 2, 2002 -3- CITY MANA GER 'S BRIEFING KEMPS VILLE/PRINCESS ANNE/WITCHD UCK ROADS INTEl?SECTION ITEM # 49465 (Continued) Mr Mackey referenced the comments of the Citizen Information Meeting: Citizen information Comment Summary 204 responses were recetved as of February 12, 2002, cut off date for responses to be received was January 19, 2002 Some questtons were responded to wtth multtple answers so all posstble responses do not necessartly add up to the 204 responses Charts were devised for the Ctttzen Advtsory Commtttee to utthze tn order to make a determtnatton on the recommended alternattve Relative tntersectton usage Residents 128 Commuters 43 School 20 Business 70 Recreation 49 Church 117 Other 13 91% of the respondents stated thts tntersectton ts congested, 55% avotd thts tntersectton on a regular basts Approxtmately one-thtrd utthze Lord Dunmore as an alternate route Over one-half uttllze other routes t e Provtdence, Vtrgtnta Beach Boulevard, Mthtary Htghway and the Interstate 65% of the restdents attendtng beheve the improvements to the Intersection would reduce cut-through traffic 60%favored a Grade Separated tntersectton vs At-Grade Alternative A 19% Alternative B 12 % Alternative C 12% Alternative C or D 6% Alternative D 39% Emmanuel Eptscopal Church wrote a letter tnformtng VDOT that A lternattve B ts thetr preferred a lternattve of those recommended 46 respondents were adamantly opposed to Alternattve A 25 respondents commented on the tnaccuracy of the aertal photographs used for the &splays Evaluation Considerations AIternattve A B C D Rtght of Way Dtsplacements Residences 9 4 4 16 Commercial 28 35 35 43 Communtty Resources 0 3 3 3 Total Affected Parcels 56 41 48 41 Construction Schedule Duratton 36 Months 24 Months 42 Months 42 Months Esttmated Begtn Date (tncludtng 2006 2006 2011 20l 1 potenttal fundtng delay) Esttmated Cornpletton Date 2009 2008 2015 2015 Aprtl 2, 2002 -4- CITY MANA GER '$ BRIEFING KEMPSVILLE/PRINCESS ,4NNE/ WITCHD UCK RO,4DS INTERSECTION ITEM # 49465 (Continued) Evaluation Considerations .4lternattve .4 B C D Pedestrtan 21 4 4 EMS 2I 5 3 AdJacent Properttes 2I 4 3 Extsttng Princess .4nne Road N/.4 I 3 4 Durtng Constructton 5 1 4 3 Envtronmental Htstortc 4 I 3 I Norse 2 2 2 2 Contaminated 3/4 I/4 1/4 I/4 Wetlands I 2 4 3 Recreattonal Property 4 2 2 2 Communtty Concerns .4 esthettcs 4 1 3 3 Traffic Operattons (LOS/Delay) D/42 Sec D/42 Sec C+/22 Sec Cg/22 Sec -Extsttng Condtttons (F/8 I) - 2026 No-butM (F-/184) Communtty Resources 3 I 4 2 Cost Range in Mtlltons (2001 $) $30-$35 $39-$44 $53-$58 $55-$60 C,4 C CONSENS US 5 Members voted in support of,41ternative B 1 C,4C Member voted in favor of,41ternative ,4 2 C,4C Members abstained 1 C,4C Member, unable to bepresent, wrote an E-mail in support of,41ternative B The CAC recommends Alternattve B Relattve the completton date of Alternatives C and D, Mr Rutledge advtsed the Ctty recetves an urban allocation, whtch ts based on projected revenues and populatton, etc Based on the other escalating costs of proJects under constructton or planned wtll result tn adjustments of ttme hnes These parttcular alternattves wtll cost $35-MILLION and $55-MILLION respecttvely Thts project must be balanced with the overall needs of the Ctty An addtttonal allocatton of approxtmately $5-MILLION a year ts about ali that could be born for a parttcular project, whtch ts the reason for the five year &fferenttal tn the time hne for completton Last year, theprojects tn the future tn&cate Vtrgtnta Beach was gotng to recetve $24 to $2 7- MILLION per year tn urban allocattons The projecttons now are gotng to be constderably less These projects also tnclude t e Lynnhaven Parkway, Btrdneck Road, Oceana, London Brtdge, In&an Rtver/Elbow Roads, etc , whtch the State ts attempttng to balance E Dean Block, Dtrector of Pubhc Works, advised there must be an estimate for the impact of an ad&ttonal cost of $20-MILLIONor more After the tnformatton from VDOT, relattve roadwayprojects ts recetved and durtng the Resource Management process, revtstons to the roadway program for the enttre Capttal Improvement Program, wtll be presented A hst of the prtortty road projects wtll be &strtbuted to City Counctl Aprtl 2, 2002 -5- CITY MANA GER 'S BRIEFING KEMPSVILLE/PRINCESS ANNE/WITCHDUCK ROADS INTERSECTION ITEM # 49465 (Continued) Mr Nash referenced the Emmanuel Eptscopal Church property boundartes Because the property across the street ts on the Htstortcal Regtstrar, thetr only alternattve ts to wtden through the South tf Prtncess Anne Road ts wtdened tn tts extsttng locatton In Alternative A, thts would tmpact at least ~ of the existing parking lot m front of Emmanuel Eptscopal Church The area needed for constructton has to move traffic from one area to the other While the tntersectton ts under constructton, the tmpact to Emmanuel Eptscopal Church, (temporary pavmg for the traffic), ts mdtcated on the chart by a "dashed line" The tmpact wtll be approximately 7 to lO feet from the front door Because of the Historical District being across the street, thts butl&ng and property cannot be tmpacted The proposed rtght-of-way has been set approxtmately 70 feet from the corner of the extsting new ad&tton for the church Property would have to be acqutred from thts There are opportuntttes for parktng on another parcel of property Any effects on the stormwater management factltty wtll be incorporated tnto the destgn The other tmpact of Alternative B on the church ts a reductton tn wtdth of the pavement tn front of the church Today where there ts a four-lane &vtded htghway tn front of the Church, there ts an opportuntty to reduce the pavement down to two lanes tn the future, bastcallyjust a local access road for the busmesses and the churches that rematn along what ts today Princess Anne Road The rtght-of-way that remains can be landscaped or utthzed tn another manner Along Prtncess Anne Road, Wttchduck and Kempsvtlle Roads, there are many underground and overhead utthttes as well as stgntficant cost of relocattng these uttltttes His expectatton ts the rtght-of-way wtll rematn ctty owned property, however, thts couM be landscaped Council Lady Eure requested, for the record, the bustness owners affected tn thts sectton wouM hke to see VDOT abandon South Wttchduck Road between Bonney Road and the new tntersectton of Prtncess Anne and Kempsvtlle Road, upon completton of the road They wtshed the destgn of the me&an of the new South Wttchduck Road and the new mtersectton of Prmcess Anne and Kempsvtlle Road be mo&fled to conform These business owners also asked that the existing exits and entrances remain maintained and that Home Center Drtve as well as the adJacent streets becomepubhc These bustness owners would ltke to be tncluded as members of the Ctttzens Advtsory Commtttee Counctl Lady Eure distrtbuted the correspondence from the affected bustness owners to Mr Herzke Mr Herzke advtsed these access comments and tssues wtll be addressed durtng the detatled access destgn tssues Reasonable access must be provtded to all property owners A Resolutton to AUTHORIZE a proposed design (Alternative B) re tmprovements at the tntersectton of Prtncess Anne, Kempsvtlle and Wttchduck Roads wtll be scheduled for the Ctty Counctl Sesston of Aprtl 9, 2002 The ballfields across the street from Kemps Landing Magnet School will be affected, however, replacement ballfields wtll be provtded VDOT wtll be compensattng Schools for the Kemps Lan&ng Magnet School property Mr Block advtsed thts project wtll have the Citizens Advisory Committee tnvolvement on a regular basts There wtll be ctttzen tnformatton meetings, publtc heartngs and wtll be scheduled for a Ctty Counctl Sesston relattve the dectston of locatton and destgn Counctlman Man&go advtsed the Senior Warden of the Vestry of Emmanuel Episcopal Church &d parttctpate tn the &scusston but not the voting for the Alternattve Counctl Lady McClanan requested the appotntment of Ctttzens Advtsory Commtttees, concerntng development of roads, be att ttem for the City Council Retreat. Mayor Oberndorf requested a member of the Vestry of Emmanuel Episcopal Church be included on the expanded Ctttzens Advtsory Commtttee Aprtl 2, 2002 -6- CITY MANA GER 'S BRIEFING PERFORMING ARTS THEATRE SITE ANAL YSIS ITEM # 49466 2:35 P.M. Martha C &ms, Dtrector of Pubhc Ltbrartes and Chatr, Performtng Arts Theater Steertng Commtttee tntroduced the Members of the Performing Arts Theatre Steertng Commtttee Elhott Jones Co-Chatr Arts and Humantttes John Ryan Arts and Humantttes Steve Thompson Chief Ftnanctal Officer Pamela Ltngle Courtney Dyer Mary Colhns Conventton and Vtsttor Development Everette Herndon Aaron Webb Pubhc Works Mark Wawner Economtc Development Betsy McBrtde Media and Communtcattons Lynn Clements Emdy Sprutll Museums and Cultural Arts Carolyn Orchid Prestdent- Cultural Alhance The Ctty of Vtrgtnta Beach retatned the servtces of Theatre projects Consultants and Webb Management Servtces tn June 2001 The two-phase study was completed over a seven month pertod The first phase of the study was a Needs Assessment to address the feastbthty of developtng new facthttes to serve the communtty The second phase was an evaluatton of potenttal sttes for a replacement facthtyfor the Pavthon Theatre and plans and budgets for the constructton and operatton of recommended facthttes Mrs &ms advtsed Ehssa 0 Getto, Senior Consultant - Theatre ProJects Consultants, and Duncan M Web& Prestdent- Webb Management Servtces, wtll present the final conclustons of the Theatre study, whtch tnclude the detatled Construction Costs Analysts and the Bustness Plan Ms Getto referenced the Phase I Needs Assessment Study, completed tn October 2001 Local and regtonal groups wtll use new affordable facthttes for a vartety of programs There rs a large and growmg market for the performtng arts tn Vtrgtnta Beach that suggests support of new facthttes Recommend the development of the Pavthon replacement a 1,000 - 1,200 seat multt-purpose hall Aprtl 2, 2002 -7- CITY MANA GER 'S BRIEFING PERFORMING ARTS THEATRE SITE ANAL YSIS ITEM # 49466 (Continued) Phase INeeds Assessment Study, completed tn October 2001, constdered only the Town Center Development stte for the proposed theatre, replactng the Pavthon Theatre In the conclu&ng remarks, Theatre ProJects recommended an alternate site analysts be undertaken In response to thts, the Vtrgtnta Beach Theatre Steertng Commtttee tdent~ed the 19~h Street Corrtdor as a second area for constderatton, specifically the Btrdneck stte west of the new Convention Center, and requested that Theatre Projects evaluate both the Town Center stte and the 19'~ Street Corridor tn a comparattve manner to determtne the most approprtate stte Phase II Scope Site Selection Cost Estimates Business Plan The &te Selectton presentatton on November 2 7, 2001 entaded. Town Center as the recommended stte 19th Street Corrtdor recommendations 500-seat theatre 2,500-3,500-seat commerczal venue Support for arts orgamzattons to prepare for new venue Town Center Site Considerations Traffic Parktng Role of C~ty Destgn Constructton Quahty Number of Seats ~4nctllary Support Spaces Retatl Food Service Mrs Getto advtsed the stte analysts was pre&cated on the followtng space program presented tn Phase I: RECOMMENDED SPA CE PROGRAM 1,200-SEAT FACILITY Rm # Name Net SF (~ross SF 100 Pubhc Spaces 200 Performance Spaces 300 Stage Support 400 Performer Support 500 Rehearsal Space 600 Adm~n~strabon 700 Serwces TOTAL PROGRAMMED AREA Non-programmed Areas C~rculabon Mechanical and Electrical Inaccessible To ta I No n -Program m ed .4 rea Total Net Area Total Gross Area (times 1.6) 15,155 20,802 3 500 4 650 2 640 4 120 1 450 52,317 nsf 52,317 17,277 23,923 3,990 5,627 2,904 4,532 1,595 59,848 gsf 12,556 8,371 2,930 23,859 83,707 Aprd 2, 2002 -8- CITY MANA GER 'S BRIEFING PERFORMING AR TS THEATRE SITE ANAL YSIS ITEM # 49466 (Continued) Capital Budget Review Area/Sq Ft Cost/Sq Ft Building Cost 83, 707 $ 300 $ 25,100,000 Stte ~4mentttes (landscaptng, stdewalks, plaza, etc $ 500, 000 Destgn Development Allowance $ 2,500,000 Escalatton (4%for 3 years) $ 3,500,000 Total Building Construction Budget $ 31,600, 000 FF & E Budget $ 3,400, 000 Destgn Fees (archttect, engtneer, theatre and other consultants $250, O00 for construction budgeO $ 5,500,000 Constructton ProJect Conttngency $ 4,000,000 Total Building Project Budget $ 44,500,000 Land Acquisttton $ 1,000,000 Parktng Garage $ 4,500,000 TOTAL PROJECT BUDGET $ 50,000,000 Street tmprovements and off stte uttltty development will be provtded by Town Center Development This estimate includes all direct construction costs, general contractors overhead and profit Cost escalatton assumes 24 months to mtd-potnt of constructton. Btddtng condtttons are expected to reflect a standard form contract for one Constructton Manager, opentng spectficattons for matertals and manufacturers Thts Capttal Budget Revtew represents the best efforts and the collaboratton of Theatre ProJects, thetr cost consultant, and the Ctty Ms Getto expressed apprectatton to Steve Thompson, Chtef Ftnanctal Officer, for the counsel provtded Ms Getto &splayed quality comparables The Clarice Smith Performing Arts Center University of Maryland, College Park, Maryland $12 9-MILLION $400 per square foot in 2001 dollars Moores School of Music University of Houston, Houston, Texas $25-MILLION $175per square foot in 1997 dollars Nathan H. Wilson Center for the Arts Florida Community College, Jacksonville, Florida $19-MILLION $142 per square foot in 1996 dollars. North Shore Center for the Performing Arts Skokie, Illinois $19-MILLION $203 per square foot in 1991 dollars North Carolina Blumenthal Performing Arts Center Charlotte, North Carolina $44.6-MILLION $255 per square foot in 1992 dollars The Business Plan Aprd 2, 2002 -9- CITY MANA GER 'S BRIEFING PERFORMING AR TS THEATRE SITE ANAL YSIS ITEM # 49466 (Continued) Ms Getto beheves the North Carohna Blumenthal Performtng Arts Center (whtch conststs ora larger Belk Theatre (2,1 O0 seats) and a smaller Booth Theatre 420 seats), would serve as an example of Vtrtgnta Beach's expectations Mr. Webb advtsed the Bustness Plan has been developed for proposed facihttes The Business Plan Investtgate operattng and financtal tmphcattons of the Pavthon Theatre replacement Suggest ownershtp and operatton of hall, and financtal performance Constder how to prepare users for factlttes Input from the City, arts groups, schools and other community leaders Research on comparable facdttes Governance - City as Owner/Operator Track record tn factltty development and management Ftnanctal resources' provtde credtbthty to the project Addttton to Department of Museums and Cultrual Arts Relate to other City Departments -Ltbrartes, Parks and Recretton Arts groups support the tdea Challenge of formtng another organtzatton Facility Operating Goals As busy as posstble wtth a wtde range of programs servtng local, regtonal and vtstttng audtences Accesstble and affordable for local/regtonal arts organtzattons, educattonal programs and other commumty groups An opportuntty to promote collaborattons and partnershtps wtthtn the arts, educatton and bustness communtttes Achtevable annual funchng requtrements from approprtate sources As part of the development of the Bustness Plan, a scheduhng charrette was hem wtth potenttal users of the new facthty from the communtty and regton Thts planntng sesston was very helpful tn developtng an operattng pohcy and to ascertatn how new facthttes would be used Mr Webb recommended offetrng restdent status to groups who apply and fulfill certtan requtremetns such as brtntng a stfntficant level of programming to the center In return, the groups would have more secured scheduhng and reduced rent Mr Webb recommended rental rates be scaled for resident, non-profit and commercial groups and that renters have the abthty to rent 12 months tn advance As a menas to butld commuintty parttctpatton tn the theatre, tt was suggested the creatton of a fund or allowance wtth whtch to substchze rents and user fees for local organtzattons It ts tmportant that certatn financtal and promottonal arrangemetns offer some flextbthty to encourage and support regtonal presenters Arts facthttes requtre a htghly spectahzed staff who are deeply commttted to thts work and are sktlled at worktng tn a non-prfit, volunteer envtronment The crtttcal htrtng dectston ts the Executtve Dtrector, which may requtre a broad search Voluntee oppportunttes for regtonal ctttzens shoudl be pursued and promoted aggresstvely Aprtl 2, 2002 -10- CITY M/INA GER 'S BRIEFING PERFORMING ARTS THEATRE SITE ANAL YSIS ITEM # 49466 (Continued) Mr Webb, through the uttltzatton of Power Point, &splayed the Orgamzattonal Model The prtvate sector can and should play a stgmficant role tn the development and operation of recommended facdmes Mr Webb suggested the creatton of a "Director's Circle ", a leadershtp group who can drtve the prtvate sector fund ratstng efforts to butld and sustatn facthttes A Community Advisory Board could be created, whtch ts a more grass-roots group, that advtses management on communtty access tssues hke scheduhng pohcy and apphcattons for restdency The role of the Arts and Humamttes Commtsston has been stressed tn strengthemng the local arts communtty and prepartng key orgamzattons for new facthttes Pro-forma Operating Budget Pro-forma operattngforecasts for a proposed base year of operattons, typtcally the 2"a year Based on the theory that acttvtty (renttng and presenttng) drtves revenues and expenses Answers the bastc questton of "what wtll tt take to sustatn operattons for the theatre?" Tests the financtal tmphcattons of vartous operattng scenartos All esttmates are tn 2002 dollars Wtth a total of 182 performances projected tn the multt-purpose theatre, there ts an esttmated total attendance of 164,000 tn a base year of operation Wtth thts activtty, the facthttes can achteve earned revenues of $700,000 against $1.5-MILLION in operating expenses Wtth earned income thus covering 47% of operating expenses, there ts an annual fundmg requtrement of approxtmately $800,000 to sustam the proposed factltttes Thts does not tnclude debt servtce Earned Revenues Presenttng $ 2 71,800 Rental Income $ 203, 409 Concesstons $ 68,416 User Fees $167, 686 Total $ 711,312 Operating Expenses Presenttng $ 150,030 Admtntstratton $ 488, 722 Ticket Office $ 108,920 Operattons $ 751,439 Total $1,499,111 The funding of construction and the operation of proposed facilities ts the next major challenge for the project It ts tmportant to match sources of funding wtth each of the key uses, tncluchng the creatton of an endowment to support operattons There are a number of potenttal fundtng sources for constructton of new facthttes, mcludmg the Ctty of Vtrgtnta Beach, the prtvate sector (tnclucltng tndtvtduals and foundattons) and the corporate sector April 2, 2002 -11- CITY MANAGER'S BRIEFING PERFORMING ARTS THEATRE SITE ANAL YSIS ITEM # 49466 (Continued) An Approach to Capital Funding The City of Vlrgtma Beach approves the project, and then sets the portion to be covered &rectly or indirectly (other levels of government) The balance, plus an incremental amount for an endowment, becomes the private sector goal Our completed study and plan is the key tool for a fundratser to test potenttal prtvate sector support Funding Operations The funding of operations ts no less important than funding for construction, given the extended economic hfe ora theatre A number of"scenarlos" considered to suggest how operations might be funded, given our principals and sense of sources As with capttal fun&ng, multiple sources are better, though the presence of an endowment ts the only sure thing to sustain operations Next Steps City authorization to proceed Determination of pubhc sector fun&ng ceding Private sector fund raistng feasibihty and execution Design team engagement in pre-schematic design Mrs &ms outhned the time line A Public Meeting is scheduled for Wednesday, April 17, 2002, at 7:00 P.M., Pavilion Convention Center Meeting Rooms (hosted by the Performtng Arts Steering Committee and the Arts and Humantttes Commission) Approximately 10, O00postcards (consisting of the mathng list of the arts groups tn the region) will be issued lnviting parttcipants to this Pubhc Meeting The City staff will be reviewing the overall financtal capacity of the City to fund all the prlortttes of the Operating Budget and Capital Improvement Program The Committee anticipates bringing forth proposals in early May The Architect selection process has commenced and the firms have been short hsted to three (3) Next week, the Selection Committee, will be visiting sites and interviewing architects at theatres of their choosing The City Manager advised the staff ts reviewing the possiblllty of the Construction Management approach as has been utthzed with the Convention Center However, there will still be competitive bids Preliminary design and development of construction costs will entail a period of approximately 6 to 8 months thus allowing the City to determine the dept of support through fund raising Stephen Thompson, Chief Financial Officer, advised $20-MILLION has been included in the Capital Improvement Program for the project There will be the Public Meeting on April 17, 2002, and two (2) Pubhc Hearings on the FY 2002-2003 Resource Management Plan April 2, 2002 - 12- AGENDA RE VIE W SESSION 4:05 P.M. ITEM # 49467 Appltcatton of PRINCESSBORO DEVELOPMENT COMPANY, INCORPORATED for a Condtttonal Use Permtt re a borrow pit on the south stde of Sandbrtdge Road, 720 feet east of Prtncess ~4nne Road, contatntng 64 911 acres (PRINCESS ~4NNE- DISTRICT 7) Council Lady Henley advtsed, based on the newspaper arttcle and the comments from the developer concerntng the Ctty Council ALLOWING WITHDRAWAL on March 26, 2002, she wtshed to ADD to the Agenda Schedultng of RECONSIDERATION for the Ctty Council Session of Aprt123, 2002 The Commumty deserves an opportumty to be heard concermng thts appltcatton Aprtl 2, 2002 - 13- CITY COUNCIL COMMENTS 4:08 P.M. ITEM # 49468 Counctl Lady Wtlson referenced the management letter from KPMG, relattve the Ctty's aucht Thts was a "rave "revtew concerntng the Ctty's management There were no negattve comments Counctl Lady W'tlson wtshed to compltment Patrtcta Phtlltps, Dtrector of Ftnance, and her staff ITEM # 49469 Mayor Oberndorf referenced an E-Mad from Barbara Messner, requesttng to speak before Ctty Councd, as she was dented the rtght to speak durtng the March 26, 2002 Sesston relattve the PRESENTATION of the RESOURCE MANAGEMENT PLAN- FY 2002 - 2003 - Budget/CAPITAL IMPROVEMENT PROGRAM- FY2002/03 - 2007/08. The adverttsement tn The Beacon had tndtcated ctttzens could comment on all items hsted for the Ctty Council Agenda Mrs Messner shall speak durtng the Formal Session of April 2, 2002 ITEM # 49470 Counctl Lady Henley amended ITEM # 49436 -Ctty Councd Comments - March 26, 2002 Council Lady Henley referenced receipt of project updates from the Development Services Center Many ttmes there ts a notatton concerning a dtsapproval on a certatn date and then ..... ~'* ....... J --__J-f ..... J ...... I_ .... .a tt ts not unttl severa! months later that the ..... ' ...... ,~ appltcant's representattve resubmtts thetr data April 2, 2002 - 14- BUDGET WORKSHOP ITEM # 494 71 Catheryn Whttesell, Dtrector of Management Servtces, advtsed thts Budget Workshop focuses on the areas of Economtc Vttahty and Cultural and Recreattonal Opportuntttes Economic Vitality Convention and Visitor Development $ Economic Development Housing and Neighborhood Preservation Agriculture Capital Projects Reserve for Contingencies Debt Service TOTAL $ 15,668,o4o 1,682, 785 15,o39,572 1,095,316 2,053,674 13,291,471 .9,737,181 58,568,039 HIGHLIGHTS Town Center Occupancy $ Additional Code Enforcement Convention Center Replacement Convention and Tourism Sales Staffing 24th Street State Renovations $ Rudee Loop Development $ Town Center Phase H Infrastructure $ 328,000 (5 positions) 88,ooo 9. 88-MILLION (First part of funding through EDIP. 1. 9-MILLION (second year of funding) .lames Rtcketts, Dtrector- Museums advtsed the Department of Conventton and Vtsitor Development recetves support from four fundtng sources General Fund, Tourism Growth Investment Fund (TGIF), Tourism Advertising Program Fund (TAP) and Parking Enterprise Fund. The largest approprtatton ts through the Tourtsm Growth Investment Fund, whtch provtdes fundtngfor spectal events and fundtngfor constructton projects to enhance the tourtsm tndustry In the current year, thts fundtng totals $10.6- MILLION. Because of the September Eleventh atroctty, there are certatn trends occurrtng tn the tndustry Letsure travel wtll take approxtmately another year to recover However, business travel wtll entatl a five- year recovery pertod There are five (5) new postttons added to Convention Marketing and Sales to begin markettng and booktng events for the new Conventton Center Mr Rtcketts has recommended there be a Dtrector of Markettng and a Dtrector of Sales, rather than combtntng the postttons Ron Kuhlman wtll conttnue as Dtrector of Markettng There are two part-ttme postttons converted to two ful[-ttne postttons tn the TAP Fund for the Vtsttor Information Center Also, anotherpart-ttme posttton was converted to full- ttme to asstst wtth vtsttor tnformatton The net tncrease tn staffing ts 6 l O postttons for the department Donald Maxwell, Dtrector of Economtc Development advtsed fun&ng wtll tncrease by 2 2%for the General Fund portton, whtch wtll matntatn current levels of servtce related to markettng Vtrgtnta Beach as a quahty bustness locatton and by provtdtng support to the Vtrgtnta Beach Development Authortty to attract and retatn high quahty business investment The budget for the Department ts approximately $1 6-MILLION Thts encompasses approximately $45, O00 for bustness travel Through Human Resources, the department ts co-orchnattng the htrtng ora Workforce Development Coordinator For FY 2002-03, the department projects that tt wtll create 1,600jobs and $10-MILLION tn new capital tnvestment A request for $40,000 has been made for soft wear which wtll asstst tn the tdenttficatton of prospects Thts soft wear could also be uttltzed wtth the Departments of Law, Ftnance and Planntng Andrew M Frtedman, Dtrector of Houstng and Netghborhood Preservatton, advtsed reflected tn the budget ts the converston of three contracted manpower postttons These postttons tnclude a Secretary lI tn Nutsance Abatement, a Houstng Constructton Spectaltst I funded through federal fundtng and a Houstng Spectaltst I funded through the Communtty Development Block Grant Also, tncluded tn this budget ts a new federally funded Code Enforcement Inspector I to provtde additional inspections related to the increased usage of the Sectton 8 houstng program There are 162,000 houstng untts tn the City Included tn the Capital Improvement program, there wtll a data base project to replace the Code Enforcement data base, whtch ts an obstacle to effictent operatton The Vtrgtnta Beach Communtty Development Corporatton ts recetvtng tax credtts through the Federal program and wtll be brtngtng tn $2-MILLION to rehabthtate and acqutre houstng tn the Ctty The Department continues to fund non-profit organtzattons for the homeless through grants Approxtmately 180 homeowners have been asststed by rehabtlttattng thetr houstng to comply wtth standards 10% of the Department's $15-MILLIONbudget conststs of Cttyfunds The rest are Federal funds Aprtl 2, 2002 - 15- BUDGET WORKSHOP ITEM # 49471 (Continued) Jack Whttney, Director of Agrtculture, advtsed the proposed Operattng Budget ts actually less than the current Budget The Agrtculture Reserve program (ARP) ts 82% of the Department 'S total budget Almost all costs assoctated wtth the ARP are tnterest costs for acqutrtng the development rtghts of program member 'S property The ARP program has over 6, 021 acres enrolled tn the program wtth 96 properttes. Interest rematns steady There are thtrteen (13) more apphcattons tn the ptpehne the Farmers Market strtves to preserve the Ctty's rural herttage and cultural dtverstty through educattonal programs and servtces, wholesome faintly acttvtttes, and spectal events that are agrtculturally centered and focused The Farmer's Market ts entertng tnto Sprtng fully leased wtth a brand new restaurant, Cheryl's Country Cooktng Cooperattve Extenston offers educattonal opportumttes to the enttre commumty, agrtcultural as well as suburban Extenston recetves resources from Vtrgtnta Polytechntc lnstttute and State Umverstty and from Vtrgtnta State Umverstty, as well as from the Nattonal Extenston System and the U S Department of Agrtculture to fund tts operattons The Ctty provtdes 100% of fundtngfor one agent posttton to ensure conttnuatton of tts wtdely utthzed Master Gardemng Program Cultural and Recreational Opportunities Museums and Cultural Arts Parks and Recreation Capital Projects Debt Service Reserve for Contingencies TOTAL $ 7,432,135 22,049,595 2,460,000 2,853,991 3,950,038 $ 3&745,759 HIGHLIGHTS ,4 dditional Before/,4fter School Programs Pavilion Theatre Replacement Virginia Marine Science Museum Renewal and Replacement Municipal Skate Park (4. 9 part time positions and additional supervisor recruiter position) $ 20,000,000 $ 30o,000 Lynn B Clements, Actton Dtrector- Museums and Cultural Arts, expressed apprectatton to Mark Reed and Emtly Sprutll for thetr excellent endeavors tn htstortcal homes and cultural arts The focus of the upcomtng fiscal year ts matntatmng and renovattng the exhtbtts and tnfrastructure of the Vtrgtnta Martne Sctence Museum Thts year the Htstortc Regtster wtll be tmplemented The Department of Museums and Cultural Arts, tn conjunctton wtth the Vtrgtnta Beach Arts and Humantttes Commtsston, ts responstble for provt&ng coor&natton and support to cultural and arts acttvtttes tn the Ctty ProJect 9-031 Vtrgtnta Martne Sctence Museum Parktng- Thts project wtll provtde a 500 space parktng lot across the road from the museum and wtll address the safe crosstng of pedestrtans from the parktng area to the museum Thts project ts esttmated to cost $3,000,000 The State wtll provtde $226,000 tn grants for the Martne Sctence Museum Sara Hensley, Dtrector of Parks and Recreatton, advtsed the Open Space Program ts betngfunded tn part by aportton of the meals tax, amounttng to $2,563,895 tn revenue dedtcated to matntatmng Vtrginta Beach's open space There ts a reductton of 1 86 FTE through the transfer of a posttton to the Department of Communtcattons and Informatton Technologtes, to provtde computer support to the new EZReg onhne regtstratton system, and the converston of permanent part ttme personnel to contract manpower at Owl Creek Tennts Center Htllcrest Farms, Lttchfield Manor, the Lakes, Hunts Potnt and Bow Creek Parks wtll be opentng thts year and next The department wtH conttnue to do repavtng of tratls Last year four (4) mtles of tratls were repaved Mount Trashmore conttnues to be under renovatton The recapptng wtll commence thts summer The Youth Opportuntttes office conttnues to recetve grants totahng $550,000 Another grant has been recetved through the Nattonal League of Ctttes for the Transtttonal jobs project Aprtl 2, 2002 - 16- ITEM # 494 72 Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Ctty Counctl Conference Room, Ctty Hall Butl&ng, on Tuesday, Aprtl 2, 2002, at 5 40 PM Councd Members Present. Margaret L Eure, Barbara M Henley, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Wdham D Sessoms, Jr and Rosemary Wdson Counctl Members Absent Ltnwood 0 Branch, III, Wtlham W Harrtson, Jr. and Louts R Jones Aprtl 2, 2002 -17- ITEM # 494 73 Mayor Meyera E Oberndorf entertatned a motton to permit City Counctl to conduct tts CLOSED SESSION, pursuant to Sectton 2 1-344(A), Code of Vtrgtnta, as amended, for the followtng purpose PERSONNEL MATTERS' Dtscusston, constderatton or tntervtews of prospecttve candtdates for employment, asstgnment, appotntment, promotton, performance, demotton, salartes, dtsctphntng, or restgnatton of specific pubhc officers, appointees, or employees pursuant to Sectton 2 1-344 (A) (1) To Wit Appotntments Boards and Commtsstons Arts and Humamttes Commtsston Communtty Servtces Board Human Rtghts Commtsston Upon motton by Vtce Mayor Sessoms, seconded by Counctl Lady Parker, Ctty Counctl voted toproceed tnto CLOSED SESSION. Vottng 8-0 Counctl Members Vottng Aye Margaret L Eure, Barbara M Henley, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Wtlham D Sessoms, Jr and Rosemary Wdson Counctl Members Vottng Nay None Council Members Absent Ltnwood 0 Branch, III, Wdham W Harrison, Jr and Loms R Jones (Time of Closed Session: 5:40 P.M. to 5:50 P.M.) Aprtl 2, 2002 - 18- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL Apm 2, 2002 6:00 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Councd Chamber, Ctty Hall Buddtng, on Tuesday, Aprd 2, 2002, at 6 O0 P M Councd Members Present Margaret L Eure, Barbara M Henley, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Wdham D Sessoms, Jr and Rosemary Wdson Councd Members Absent Ltnwood 0 Branch, III, Wdham W Harrtson, Jr. and Louts R Jones INVOCATION Reverend Charles Moseley Oak Grove Bapttst Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vtce Mayor Sessoms, betng a Corporate Officer of Wachovta Bank DISCLOSED there were no matters on the agenda tn whtch he has a "personal interest", as defined tn the Act, etther mdtvtdually or tn hts capactty as an officer of Wachovta Bank whtch recently merged wtth Ftrst Umon Nattonal Bank The Vtce Mayor regularly makes thts Dtsclosure as he may not know of the Bank's interest tn any apphcatton that may come before Cay Counctl Vtce Mayor Sessoms' letter February 5, 2002, ts hereby made apart of the record April 2, 2002 - 19- Item VIoE CER TIFICA TION OF CLOSED SESSION ITEM # 494 74 Upon motion by Vice Mayor Sessoms, seconded by Councd Lady Parker, Ctty Councd CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc bustness matters lawfully exempted from Open Meettng requtrements by Vtrgmta law were dtscussed tn Closed Sesston to whtch thts certtficatton resolutton apphes, AND, Only such pubhc business matters as were tdenttfied tn the motion convening the Closed Sesston were heard, discussed or considered by Vtrgtnta Beach Ctty Counctl Vottng 8-0 Counctl Members Voting Ave Margaret L Eure, Barbara M Henley, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Wdham D Sessoms, Jr and Rosemary Wilson Councd Members Voting Nay None Counctl Members Absent Lmwood 0 Branch, III, Wtlham W Harrtson, ,Ir and Louts R clones Aprtl 2, 2002 OUR NK~'c~ RESOLUTION 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 # 49473, page 17, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2 2-3711(A) of the Code of V~rg~ma 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 m Closed Session to whmh this certlficat~on resolution apphes; and, (b) only such public business matters as were identified in the motion convemng this Closed Session were heard, d~scussed or considered by Virginia Beach City Council. , MMC C~ty Clerk April 2, 2002 - 20 - Item V-F. 1. MINUTES ITEM ii 494 75 Upon motton by Counctl Lady Parker, seconded by Counctl Lady Eure, Ctty Counctl APPROVED the Mtnutes of the SPECIAL SESSION of March 19, 2002 and APPRO VED, AS AMENDED, the INFORMAL AND FORMAL SESSIONS of March 26, 2002. ITEM ii 49436 -Ctty Councd Comments Counctl Lady Henley referenced recetpt of proJect updates from the Development Services Center. Many ttmes there ts a notatton concermng a &sapproval on a certatn date and then tt ts not unttl several months later that the ..... ' ...... ,~ tcant 's representattve resubmtts thetr data Vottng 8-0 Counctl Members Vottng Aye Margaret L Eure, Barbara M Henley, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Wtlltam D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Ltnwood 0 Branch, III, Wtlham W Harrtson, Jr. and Louts R Jones Aprtl 2, 2002 -21 - Item V-G. 1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 494 76 BY CONSENSUS, Ctty Counctl ADOPTED: AGENDA FOR THE FORMAL SESSION April 2, 2002 - 22 - Item V-G.2. ITEM # 494 77 Rtchard Jones, Prestdent of the Princess Anne Plaza Ctvtc League and Jeff Ntchols, Chatrman- Quahty of Ltfe Commtttee, expressed apprectatton to the Mayor and Ctty Counctl for thetr understandtng, courage and leadershtp Approxtmately etght (8) years ago, the Ctvtc League set out to confront a growtng problem of safety and quahty of life surroundtng the Bow Creek Motel property The Ctvtc League requested the asststance of the Ctty Counctl The property was eventually purchased and ratsed tn preparatton for the Bow Creek Park Councd Lady McClanan was the first to champion their cause and will always have a place tn thetr hearts Princess Anne Plaza Civtc League On March 11, 2000, a groundbreaktng ceremony was held wtth the Bow Creek Park havtng tts grand opemng on dune 9, 2002 Mr clones extended an tnvttatton to the Mayor and Members of Ctty Counctl April 2, 2002 Item VI-H. 1. - 23 - RESOLUTION ITEM it 494 78 Upon motton by Vtce Mayor Sessoms, seconded by Councd Lady Eure, Ctty Counctl ADOPTED: Resolutton re tssuance of the Development Authority's Industrial Development Revenue Bonds: Beth Sholom Home of Eastern Vtrgtnta Not to exceed $4,500,000 Yottng 8-0 Counctl Members Vottng Aye Margaret L Eure, Barbara M Henley, Reba S McClanan, Robert C Man&go, ,Ir, Mayor Meyera E Oberndorf, Nancy K Parker, Wdham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Ltnwood 0 Branch, III, Wtlham W Harrtson, Jr and Louts R Jones Aprtl 2, 2002 RESOLUTION APPROVING THE ISSUANCE OF REVENUE BONDS FOR BETH SHOLOM HOME OF EASTERN VIRGINIA WHEREAS, the City of Virginia Beach Development Authority (the "Authority') has held a public hearing on March 19, 2002 with respect to the application of Beth Sholom Home of Eastern Virginia (the "Company") for the issuance of the Authonty's Industrial Development Revenue Bonds in an amount not to exceed $4,500,000 (the "Bonds") to assist the Company in (a) renovation, construction, equipping and expansion of a 120-bed skdled nursing fatality, including renovating approximately 12,500 square feet of the emst~ng facility and an approximately 8,800 square foot addition to the existing famhty for a new lobby and entranceway, chapel, multi-purpose room, cafeteria, staff lounge, kitchen freezer storage space and related equipment, furniture and fixtures, (b) acqmsit~on of a 1.272 acre parcel of land ("Land") located at the northwest comer of College Park Boulevard and Auburn Drive, Vlrg~ma Beach, Virginia, and the construction of a parking lot on the Land, (c) use of working capital to pay ex~sting indebtedness in the approximate amount of $775,000 and (d) costs of ~ssuance of the Bonds (collectively, the "Project"); and WHEREAS, the Internal Revenue Code of 1986, as amended (the "Tax Code"), provides that the highest elected governmental officials of the governmental umts hamng junsd~ct~on over the issue of private activity bonds and over the area in which any facihty financed w~th the proceeds of private activity bonds is located shall approve the issuance of such bonds; and WHEREAS, the Authority issues ~ts bonds on behalf of the City of Virginia Beach, V~rginia (the "City"), the Project is located in the City and the members of the C~ty 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 "Virginia 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 issuance of such bonds; and WHEREAS, the Authority has favorably considered the Company's application and a copy of the Authority's resolution approving the issuance of the Bonds, subject to temas to be agreed on, a reasonably detailed summary of the comments expressed at the public heanng w~th respect to the Bonds and a statement in the form prescribed by Section 15 2-4907 of the Vlrgima Code have been filed with the Council, together with the Authonty'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 required by Section 147(0(2) of the Tax Code and Sectmn 15.2-4906 of the Virginia Code. The approval of the issuance of the Bonds, as required by Section 147(f)(2) of the Tax Code and Section 15.2-4906 of the Vlrglma 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 V~rg,ma Code, the Bonds shall provide that neither the City nor the Authority shall be obhgated 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 taxing power of the Commonwealth of Virginia, the City or the Authority shall be pledged thereto. 3. In adopting th~s Resolution, the City, includ,ng its elected representatives, officers, employees and agents shall not be liable and hereby disclaims all habihty for any damages to any person, direct or consequential, resulting from the Authority's fadure to issue the Bonds for any reason. 4. This Resolution shall take effect immediately on ,ts adopt, on. Adopted by a quorum of the Council of the City of Virginia Beach, V~rglma, on April 2 ,2002. #337968 v I - ResolutJ on-CJty Council-B SHEV 614251 0003 VIRGINIA Department of EconomEc Development One Columbus Center, Suite 300 Virginia Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 Webstte www. vlrglma-beach.va.us/dept/econdev E-mad ecdcv@clty, virgmia-beach va.us March 19, 2002 The Honorable Meyera E. Obemdorf, Mayor Members of City Council Municipal Center Virginia Beach, VA 23456 Re~ Beth Sholom Home of Eastern Virginia $4,500,000- Revenue Bonds Dear Mayor Oberndorf and Members of City Council: We submit the following in connection with a project for Beth Sholom Home of Eastern Virginia located at 6401 Auburn Drive in Virginia Beach, Virginia. (1) Evidence of publication of the notice of hearing is attached as Exhibit A, and a summary of the statements made at the public heating is attached as Exhibit B. The City of V~rgima Beach Development Authority's (the "Authority") resolution recommending Council's approval ~s attached as Exhibit C. (2) The Disclosure Statement is attached as ExhibitD.. (3) The statement of the Authority's reasons for its approval as a benefit for the C~ty of V~rg~nia Beach and its recommendation that City Council approve the mo&fication of the bonds described above is attached as ExhibitE.. (4) The Fiscal Impact Statement is attached as Exhibit F. The Honorable Meyera E. Obemdorf, Mayor Members of City Council Page 2 March 19, 2002 (5) Attached as Exhibit G is a summary sheet setting forth the type of issue, and identifying the Project and the principals. (6) Attached as Exhibit H is a letter fi.om the appropriate City department commenting on the Project. RG$/GLF/rab Enclosures Very truly yours, w . 150rf LOCATO.R MAP Applicant: Beth Sholom Home of Eastern Virginia Address: 6401 Auburn Drive, Virginia Beach Project: Construction of approximately 8,800 sq. ft. addition to existing 120-bed nursing home, parking lot, approximately 12,500 sq. ft. of internal renovations and furniture, fixtures and equipment. Bonds: Not to exceed $4,500,000 2 660 000 F~ 76'14 15 ~,.,3,3o Joins Map 221 76'12 45 000 F1 76'1200 .//' GRE[ Indian, .' R~ver H$, i,,. x ' GREENBRII MARKET CENTER Dew pr ~iu.x''- , , Mall · DRAKE C~R HAROWICK CfR ~ WARWICK ClR UPTON C~R OXFOflU EATON WAY MOSELY CIR ~rgllnbrlm i ,¢ )~'A; ' i' I - ' Landfill Nmnber 2 ~ .... ', ~ Shores TMIwood, ~1 -%o" ~:¢! "',' '--'--A ', ~~,;~ ':% ~ EXHIBIT A THE VIRGINIAN-PILOT NORFOLK, VIRGINIA AFFIDAVIT OF PUBLICATION The Virginian-Pilot WILLIAMS, MULLEN, CLARK & DOBB ONE COLUMBUS CENTER VA BEACH VA 23462 REFERENCE: 10177466 1221120 NOTICE OF PUBLIC HEA 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, Conmmon- wealth of Virginia and in the state of North Carolina 2)That the advertisement hereto annexed has been published in said newspaper on the date stated. PUBLISHED ON: 03/05 03/12 TOTAL COST 565.88 AD SPACE: 86 LINE NOTICE OF PUBUC HEARING ON PROPOSED REVENUE BOND RNANCINa OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY TUESDAY, MARCH 19, 2002 ' Notice Is hereby given that the City of Vir~lnla Beach Development Authority (the "Authortty')~nose address Is Suite 300, One Columbus Center, V~r~lnle BeaCh, Virginia, will bold a public hearing at B 30 a m on Tuesday, March 19, 2002, on the apphcatlon and plan of financing of Beth Sholom Home of Eastern Vlrg me, whose pr nclpol place of business is 6401 Auburn Drive, Virginia Beach, Vlrglma 23464 (the 'Company"), for the issuance of the Authorlty's Revenue Bonds (the "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, Chapte! 49'Ofthe Code of V rgm~a of 1950, as amended (the "Act"), n an amount not to exceed $4,500,000 to assist the Company In ftnancmg the (a) renovaUon, construction, eqmpplng and expans on of e 120-bed skilled nursing feclllty, including renovating approximate y 12 500 square feet of the existing faclhty and an approx mate y 8,800 square foot addlbon to the existing facility for e new lobby and entranoeway, chapel, mult~ put pose room, cafetede, staff lounge, kitchen f~eezer storage spece and related equipment, fumltura and fixtures, (b) acqumltmn of a 1 272 acre parcel of lend ('Land") located at the northwest corner of College Park Boulevard end Auburn Drive, Vlrginta Beach, Vlrgmle. and the Construction of a parking lot on the Land, (c) use of work ng capital to pay existing indebtedness In the approximate amount of $775,000 end (d) costs of issuance of the Bonds (co lect~vely, the ProJect") All Of the facilities com~lalr~ the Project w~ll be located on the Land or at 6401 Auburn D~ve, Virginia Beach, Virgin a As required by the Act, the Bonds will not pledge the credit or tax ng power of the Common wealth Of ViStula the City of Virginia Beach, V~rglma, or the Authority, but rather will be'~yable solely from revenues derived from the Corn pany 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 eppltca bon Is on fda and is open for inspect on at the Authodty's office dur irt~ business hours City of Virginia Beach Development Authority VPMarch 5 end March 12 2002 1221120 Legal.~A~nt: ,k_,/'-' ~ on Notar~~~~-~~~ _ ~%_,~My commission expires January 31, 2004 ' EXHIBIT A NOTICE OF PUBLIC HEARING ON PROPOSED REVENUE BOND FINANCING OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY TUESDAY, MARCH 19, 2002 Notice is hereby given that the City of Virginia Beach Development Authority (the "Authority") whose address is Suite 300, One Columbus Center, Virginia Beach, Virginia, will hold a public hearing at 8:30 a.m. on Tuesday, March 19, 2002, on the application and plan of financing of Beth Sholom Home of Eastern Virginia, whose pnnc~pal place of business 6401 Auburn Drive, Virginia Beach, Virginia 23464 (the "Company"), for the issuance of the Authonty's Revenue Bonds (the "Bonds") pursuant to Chapter 643 of the Acts of Assembly of 1964, as amended mad 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 $4,500,000 to assist the Company in financing the (a) renovation, construction, equipping and expansion of a 120-bed skilled nursing facility, including renovating approximately 12,500 square feet of the existing facility and an approximately 8,800 square foot addition to the existing facility for a new lobby and entranceway, chapel, multi-purpose room, cafeteria, staff lounge, kitchen freezer storage space and related equipment, furniture and fixtures, (b) acquisition of a 1.272 acre parcel of land ("Land") located at the northwest corner of College Park Boulevard and Auburn Drive, Virginia Beach, Virginia, and the construction of a parking lot on the Land, (c) use of working capital to pay ex,sting indebtedness in the approximate amount of $775,000 and (d) costs of issuance of the Bonds (collectively, the "ProJect"). All of the facilities comprising the Project will be located on the Land or at 6401 Auburn Drive, Virginia Beach, Virginia As required by the Act, the Bonds will not pledge the credit or taxing power of the Commonwealth of Virginia, the City of Virginia Beach, V~rgtma, or the Authority, but rather will be payable solely from revenues derived from the Cqmpany 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 ~s on file and is open for inspection at the Authority's office during business hours. City of Virginia Beach Development Authority 6142510003/ #262382 vl - NOTICE OF PUBLIC HEARING-Beth Sholom EXHIBIT B CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY RECORD OF PUBLIC HEARING ON MARCH 19, 2002 (Beth Shoiom Home of Eastern Virginia Project) The Chair of the City of Virginia Beach Development Authority (the "Authority") announced the commencement of a public hearing on the request of Beth Sholom Home of Eastern Virglma (the "Company"), and that a Notice of the Hearing was pubhshed once a week for two consecutive weeks in The Virgintan-Pilot, a newspaper having general c~rculation m the City of Vlrgima 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 Pubhcation of such notice have been filed with the records of the City Council of the City of V~rgima Beach. The following individual appeared and addressed the Authority at such pubhc heanng: C. Grigsby Scifres, an attorney with Williams Mullen, appeared on behalf of the Company Mr. Sclfres gave a brief description of the proposed financing and explained that the proposed Issuance of bonds (the "Bonds") would be used to assist the Company in (a) renovation, construction, equipping and expansion of a 120-bed skilled nursing facility, including renovating approximately 12,500 square feet of the existing facility and an approximately 8,800 square foot addition to the emstlng facility for a new lobby and entranceway, chapel, multi-purpose room, cafeteria, staff lounge, kitchen freezer storage space and related equipment, fumiture and fixtures, (b) acquisition of a 1.272 acre parcel of land ("Land") located at the northwest corner of College Park Boulevard and Auburn Drive, Virgima Beach, V~rgima, and the construction of a parking lot on the Land, (c) use of working capital to pay emstlng indebtedness in the approximate amount of $775,000 and (d) costs of issuance of the Bonds (collectively, the "Project"). The Project meets a need in the City of Virginia Beach to provide skilled nursing home famhtles in the Jewish and wider community. Michael Hammond, Chief Financial Officer of the Company, also attended the public hearing and was available to answer any questions raised by members of the Authority. hearing. No other persons appeared to address the Authority, and the Chair closed the pubhc The Authority hereby recommends that the City Council of the City of Virginia Beach, V~rg~ma approve the issuance of up to $4,500,000 of industrial development revenue bonds in support of the proposed financing and hereby transmits the Fiscal Impact Statement to the C~ty Council of the City of V~rglnia Beach and asks that this recommendation be received at its next regular meeting at Much th~s matter can be properly placed on the Council's agenda for heating. t/337916 vl - Record of Pubhc Heanng-BSHEV 614251 0003 EXHIBIT C RESOLUTION OF CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY WHEREAS, Beth Sholom Home of Eastem Virginia, a Virginia non-profit, non- stock and non-member corporation (the "Company"), which is exempt from federal tncome taxation as a charitable organization pursuant to Section 501(c)(3) of the Intemal Revenue Code of 1986, as amended, has applied to the City of Virginia Beach Development Authority (the "Authority") for assistance in financing the (a) renovation, construction, equlpptng and expansion of a 120-bed skilled nursing facility, including renovating approximately 12,500 square feet of the existing facility and an approximately 8,800 square foot addition to the existing facility for a new lobby and entranceway, chapel, multi-purpose room, cafeteria, staff lounge, kitchen freezer storage space and related equipment, furniture and fixtures, (b) acqms~t~on of a 1.272 acre parcel of land ("Land") located at the northwest comer of College Park Boulevard and Aubum Drive, Virginia Beach, Virginia, and the construction of a parking lot on the Land, (c) use of working capital to pay existing indebtedness in the apprommate amount of $775,000 and (d) costs of issuance of the Bonds (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 C~ty of Vlrg~ma Beach, V~rglma ("City") and the Authority; and WHEREAS, the Company has requested the Authority to agree to ~ssue 1ts industrial development revenue bonds in the amount now estimated at $4,500,000 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 d~spose of properties, and is vested with all powers necessary to enable ~t to accomplish its purposes, which purposes and powers are enumerated in 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 ~ssuance of the Bonds has been held on March 19, 2002, as required by Section 147(t) of the Intemal 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 acquisition, renovation, development, construction, equipping and operation of the Project will maintain annual employment, stimulate the local economy and ~ncrease the tax base, (ii) providing financing for the Project will be ~n the public interest and will benefit the inhabitants of the C~ty and the Commonwealth of V~rg~ma 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 $4,500,000.00 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 premium, if any, and ~nterest on the Bonds and to pay all other expenses ~n connection w~th the mmntenance 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 fights to payments under such loan agreement. 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 renovation, construction and equipping and take such other steps as it may deem appropriate ~n 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 momes 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 pl'acement 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. 6. Ali lawful costs and expenses in connection with the financtng 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 prod from the proceeds of the Bonds or by the Company. If for any reason such Bonds are not ~ssued, or such Bonds are ~ssued 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 meaning of regulations issued by the Internal 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 issuance of the Bonds and hereby directs the Chair or Vice-Chair to submit to the C~ty Council for the City the statement in the form prescribed by Section 15.2-4907 of the Act, a reasonably detailed summary of the comments expressed at the public heating required by Section 15.2-4906 of the Act, and a copy of this Resolution. 9. This Resolution will take effect ~mmediately 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 which a quorum was present and acting throughout on March 19, 2002, that such Resolution was duly adopted by the Authority by the following vote: Affirmative: 5 Negative: 0 Abstention: 0 and that such Resolution has not been repealed, revoked, rescinded or amended and is in full force on the date hereofi Date: March [°t, 2002 Secretary, City of each Development Authority [AFFIX CORPORATE SEAL] #262881 vl - RESOLUTION - Authority EXHIBIT D DISCLOSURE STATEMENT Date: March 4, 2002 Applicant: All Owners (if different from Applicant): Type of Application: BETH SHOLOM HOME OF EASTERN VIRGINIA None $4,500,000 Industrial Development Revenue Bonds to assist Applicant in financing the (a) renovation, construction, equipping and expansion of a 120-bed skilled nursing facility, including renovating approximately 12,500 square feet of the existing facility and an approximately 8,800 square foot addition to the existing facility for a new lobby and entranceway, chapel, multi-purpose room, cafeteria, staff lounge, kitchen freezer storage space and related equipment, furniture and fixtures, (b) acquisition of a 1 272 acre parcel of land ("Land") located at the northwest comer of College Park Boulevard and Auburn Drive, Virginia Beach, Virginia, and the construction of a parking lot on the Land, (c) use of working capital to pay existing indebtedness in the approximate amount of $775,000 and (d) costs of issuance of the Bonds (collectively, the "Project") 1. The Applicant is a non-profit, non-stock, non-member Vlrg~ma 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. BETH SHOLOM HOME OF VIRGINIA Michael Hammond, Chief Financial Officer EASTERN #262856 v I - D~sc Iosure Statement BETH SHOLOM HOME OF EASTERN VIRGINIA BOARD OF DIRECTORS & OFFICERS 2001-2002 PRESIDENT Harris R. Sloane 4504 Southleaf Ct. Virginia Beach, VA 23462 (O-P) 687-8191 (Cell) 287-2870 (O) 497-2113 (F-W) 497-1338 (H) 467-4833 (F-H) 467-4909 FIRST VICE PRESIDENT Frances Birshtein 6079 River Crescent Norfolk, VA 23505 (H) 451-0440 (Cell) 572-3817 SECOND VICE PRESIDENT Jerry Kantor 1116 Botetourt Gardens Norfolk, VA 23517 (H) 623-1463 (F) 623-5545 (Cell) 291-3886 THIRD VICE PRESIDENT Helen Sonenshine 1366 Little Neck Road Virginia Beach, VA 23452 (H) 498-9396 MEMBER AT LARGE Dolores Bartel 7510 Oceanfi:ont Virginia Beach, VA 23451 (H) 428-9036 (F) 428-0019 EXECUTIVE VICE PRESIDENT/CEO Bryan R. Mesh Beth Sholom Home of Eastern Virginia 6401 Auburn Drive Virginia Beach, VA 23464 (O) 420-2512 (F) 424-0657 (H) 490-1289 (Cell) 685-6142 SECRETARY Mariann Ticatch 240 Hill Prince Road Virginia Beach, VA 23462 (O) 490-3883 (F) 490-9239 (H) 497-0167 (Cell) 620-4544 TREASURER Bernie Grablowsky 1348 Sycamore Road Virginia Beach, VA 23452 (O) 499-5633 (F) 497-9133 (O-P) 518-3244 (H) 498-3067 IMMEDIATE PAST PRESIDENT Miriam Seeherman 6029 Newport Avenue Norfolk, VA 23505 (H) 489-4094 (F) 489-0417 (Beach) 428-6433 (F) 491-3331 (Cell) 685-9454 AUXILIARY PRESIDENT Joyce Salzberg 1806 Keswlck Drive Norfolk, VA 23518 (H) 853-5915 MEMBER AT LARGE Brenda Klar 2333 Haversham Close Virginia Beach, VA 23454 (H) 481-4396 (F) 412-4108 (O) 496-6030 (Cell) 434-4462 BOARD MEMBERS AT LJkRGE YEAR 2002 TERM EXPIRATION: Dr. Harvey Ai~el 741 Shirley Avenue Norfolk, VA 23517 (O) 488-0192 (F) 488-4567 (H) 623-6181 Renee Caplan 4505 Kelly Court Virginia Beach, VA 23462 (O) 491-2300 (F) 497-4682 (H) 499-0838 Dr. Benjamin Dobrin 1408 Cypress Avenue Virginia Beach, VA 23451 (O) 455-3412 (F) 461-5025 (H) 491-9369 Shirley Elder 720 Colonial Avenue Norfolk, VA 23507 (H) 640-1427 Mindy Futterman 301 Brook Avenue Apt 402 Norfolk, VA (H) 622-0666 Ralph Futterman 301 Brook Avenue Apt 402 Norfolk, VA (H) 622-0666 Evan Kalfus PriceWaterhouseCooper One Columbus Center Suite 400 Virginia Beach, VA 23462 (O) 493-7700 (F) 493-7701 rtl) 491-5566 Phyllis Lannik 4401 Carlton Court Portsmouth, VA 23703 (H) 483-4548 (F) 483-5869 Gayle Legum 4004 Oceanfront Virginia Beach, VA 23451 (H) 491-4100 Ina Levy 5003 Oceanfront Virginia Beach, VA 23451 (H) 422-2423 Martha Mednick-Glasser 521 Wilder Drive Virginia Beach, VA 23451 (H) 422-3512 Ronald Spindel 4441 Ironwood Drive Virginia Beach, VA 23462 (O) 340-5600 ext. 313 (F) 631-2162 (H)490-1314 BOARD MEMBERS AT LARGE YEAR 2003 TERM EXPIRATION: Robert Bemstein, MD 1048 Algonquin Road Norfolk, VA 23505 (O) 466-6100 (F) 466-1597 (H) 489-7530 (BPR) 475-5818 Jeff Chernitzer 555 Main Street Suite 1500 Norfolk, VA 23510 (O) 625-4700 (F) 625-0527 (H) 622-6377 Moss Friedman Coronet Group 2615 Elmhurst Lane Portsmouth, VA 23701 (O) 488- 4800 (F) 488-0166 (H) 625-1308 Amy Markman Goldberg P. O. Box 1622 Virginia Beach, VA 23451 (H) 425-8801 Michael Goldmeier 4721 Berrywood Court Virginia Beach, VA 23464 (O) 671-1710 (F) 671-1707 (H) 855-3643 Paula Hertzberg 110 44th Street Virginia Beach, VA 23451 (W) 259-9939 (F) 259-1970 (H) 422-0545 Lawrence R. Siegel Williams Mullen Clark & Dobbins One Columbus Center Suite 900 Virginia Beach, VA 23462 (0)..473-5359 (F) 473-0395 Pamela Snyder 1904 Sandee Crescent Virginia Beach, VA 23454 (H) 481-6550 (F) 481-5313 Burle Stromberg P. O. Box 760 Portsmouth, VA 23705-0760 (O) 397-3471 (F) 393-3736 (H) 397-1823 Paul Terkeltaub 4409 Moosewood Drive Virginia Beach, VA 23462 (O) 340-9777 (F) 463-4661 (H) 499-3798 Jack Young Williams Mullen Clark & Dobbins One Columbus Center Suite 900 Virginia Beach, VA 23462 (O) 473-5333 (F) 473-0395 (H) 460-3168 BOARD MEMBERS AT LARGE YEAR 2004 TERM EXPIRATION: I. William Berger 6477 College Square #306 Virginia Beach, VA 23464 (O) 420-3950 ext. 309 (F) 424-1435 (H) 437-9099 (Cell) 560-7943 Emily Dreyfus 504 58th Street Virginia Beach, VA 23451 (H) 428-2683 H. David Embree 2448 Haversham Close Virginia Beach, VA 23454 (H) 496-2303 (O) 629-0608 The Honorable Jerome Friedman 1102 Botetourt Gardens #B6 Norfolk, VA 23507 (O) 222-7004 (F) 222-7024 (H) 627-7111 Bootsie Goldmeier 6053 Newport Crescent Norfolk, VA 23505 (O) 489-1371 (F) 489-4427 (O-P) 321-2402 (H) 489-3549 Susan Goldsticker 714 Coquina Lane Norfolk, VA 23451 Phone: Unlisted Glenda Greenhouse 1637 Cougar Avenue Norfolk, VA 23518 (O) 627-720O (F) 626-0407 (H) 587-3116 William Halprin 7101 Fox's Lair Norfolk, VA 23518 (O) 640-2232 (H) 857-7684 David Kamer 1414 Waylon Avenue Norfolk, VA 23509 (H) 858-9969 Ellie Lipkin 1233 Botetourt Gardens Norfolk, VA 23517 (H) 625-3257 Richard Rivin 907 Botetourt Gardens Norfolk, VA 235007 (O) 424-0638 (H) 627-4848 Sarita Sachs 255 College Cross Norfolk, VA 23510 (H) 624-9636 HONORARY LIFE MEMBERS OF THE BOARD Jack Barr 1503 Captains Way Jupiter FL 33477 (O) 490-1261 (I-I) 561-575-0659 Charles N. Becker 403 Lakeway Drive Richmond VA 23229 (H) 804-741-2888 Jack Bookbinder 4004 Oceanfront Virginia Beach, VA 23451 (H) 422-9125 Lawrence Brenner 7346 Ruthvan'Road Norfolk, VA 23505 (0) 583-1559 Camor Isaac Danker 111 S. Ridgeley Road Norfolk, VA 23505 (O) 489-4550 (H) 440-7882 Lillian Diamonstein 131 Towne Square Drive Newport News, VA 23607 (H) 244-3742 Rose Erlach 7501 River Road #9B Newport News, VA 23607 (H) 244-2211 Pauline Legum 7320 Glenroie Avenue Norfolk, VA 23505 (H) 423-2883 *Oscar Brandeis Birshstein *Mrs. Helen Gifford Rose Frances Glasser 4004 OceanlSont Virginia Beach, VA 23451 (H) 422-0750 Dr. Milton Goldin 310 Park Road Portsmouth, VA 23707 (H) 397-5764 Morton Goldmeier 6053 Newport Crescent Norfolk, VA 23505 (O) 671-9307 (F) 671-1701 (H) 489-3549 Mr. Lawrence Go ldrich 6467 College Park Square #306 Virginia Beach, VA 23464 (O) 420-3950 (H) 425-5097 Mimi Karesh 8206 Oceanfi'ont Virginia Beach, VA 23451 (H) 440-0734 (H 422-1386 (F) 420-4037 Mrs. Fannie Friedman 850 Jamestown Crescent Norfolk, VA 23508 (I-I) 489-8781 Mrs. Bernard Levin (Goldie) One Crawford Parkway # 1201 Portsmouth, VA 23704 (H) 397-0446 * Of Blessed Memory HONORARY LIFE MEMBERS OF THE BOARD (continued) The Honorable Norman Olitsky 421 W. Bute Street #502 Norfolk, VA 23510 (H) 622-2444 Dr. Jerome Perlman, MD 301 Brooke Avenue #302 Norfolk, VA 23510 (H) 622-6773 Mr. Louis J. Richman, Jr. 1 Madison Circle Newport News, VA 23606 (O) 245-1516 (F) 245-7606 (H) 599-4200 Mr. Joel Rubin 4510 Holland Office Park, Suite 503 Mr. & Mrs. Arnold Orleans 4990 Seminel Drive, Apt. 206 Bethesda, MD 20816 Mr. Richard Porter 215 Brooke Avenue #505 Norfolk, VA 23510 (H) 622-7400 Mr. Sam Rosenblatt 4004 Oceanfront # 1101 Virginia Beach, VA 23451 (H) 428-1202 Mr. Frank Sheffer 521 Butler Avenue Virginia Beach, VA 23451 (O) 456-5212 (F) 456-5224 (H) 428-1202 (Cell) 287-0361 Ms. Marilyn Simon 7000 Oceanfi'ont Virginia Beach, VA 23451 (H) 428-8514 Suffolk, VA 23434 (O) 465-1344 Mr. Henry Zetlin 215 Brooke Avenue Norfolk, VA 23510 (O) 622-8261 (H) 623-7900 FEDERATION EXECUTIVE DIRECTOR Mark Goldstein, Executive Vice President United Jewish Federation of Tidewater 5029 Corporate Woods Drive, Suite 225 Virginia Beach, VA 23462-4376 (O) 671-1600 (F) 671-7613 (Cell) 287-4625 REGIONAL VP PENINSULA Martin Krinick 20n Yeardley's Grand Road Williamsburg, VA 23185 (H) 229-3942 FEDERATION EXECUTIVE DIRECTOR Anne Lynn Lipton, Executive Director United Jewish Community of Virginia Peninsula 2700 Spring Road 'Newport News, VA 23606 (O) 930-1422 (F) 872-9532 CONSULTANT Mr. Albert Katz 401 Lakeway Drive Richmond, VA 23229 (I-1) 804-741-2891 (F) 804-213-3897 VIRGINIA Vlrg~ma Beach Development Authority One Columbus Center, State 300 V~rg~ma Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 Webstte www v~rgtma-beach.va us/dept/econdev E-mad ecdev@c~tyv~rg~nm-beach va us EXHIBIT E CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BONDS (BETH SHOLOM HOME OF EASTERN VIRGINIA PROJECT) SERIES 2002 The Development Authority recommends approval of the above-referenced financing. The benefits of the Project to the City include meeting a commumty need for a skilled nursing home for the elderly, providing enhancement to the existing skilled nursing home facility, increased parking to the facility, and increased purchases of goods, services and eqmpment ~n the C~ty of V~rg~nia Beach. EXHIBIT F FISCAL IMPACT STATEMENT DATE: March 19, 2002 TO: CITY COUNCIL OF THE CITY OF VIRGINIA BEACH APPLICANT: Beth Sholom Home of Eastern Virginia TYPE OF FACILITY: Addition, renovation and equipping of existing nursing home. 1. Maximum amount of financing sought. $4,500,000 . Estimated taxable value of the facility's real property to be constructed in the municipality: o Estimated real property tax per year using present tax rates: , Estimated personal property tax per year using present tax rates: Estimated merchant's capital (business license) tax per year using present tax rates: $-0- o (a) EsUmated dollar value per year of goods that will be purchased fi.om Virginia companies w~thin the locahty: (b) Estimated dollar value per year of good that will be purchased from non-Virginia compames w~thin the locahty: (c) Estimated dollar value per year of services that will be purchased from Virginia companies w~th~n the locahty: (d) Esnmated dollar value per year of services that will purchased from non-Virginia compames w~th~n the locahty' $700,000 $100,000 $500,000 $100,000 7. Esnmated number of regular Employees on year round bas~s. 155 FTE's 8. Average annual salary per employee. $ 24,000 The ~nformation contained in this Statement ~s based solely on facts and estimates provided by the Applicant, and the Authority has made no ~ndependent lnvestigatmn with respect thereto. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By' - .... z_ EXHIBIT SUl~MARY ~HEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: Beth Sholom Home of Eastern Virginia 2. LOCATION: 6401 Anburn Drive, Virginia Beach, Virginia , DESCRIPTION OF PROJECT: Construction of addition to and renovation and equipping of existing 120-bed nursing home; acquisition of 1.2 acres and construction of parking lot. 4. AMOUNT OF BOND ISSUE: $4,500,000 5. PRINCIPALS: Beth Sholom Home of Eastern Virginia 6. ZONING CLASSIFICATION: ao Present zoning classification of the Property: A-12 b. Is rezoning proposed? Yes No X If so, to what zoning classification? NOTE: THIS DOCUMENT MUST BE ON 8 -1/2 X 14 INCH PLAIN BOND PAPER. //335870 vi - Bond Apphcntton 614251 0003 EXHIBrI' H City of Virginia Beach DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION (757) 426 5750 FAX (757) 426 5766 TDD (757) 426 5794 CODE ENFORCEMENT DIVISION (757) 427 4421 March 12, 2002 MUNICIPAL CENTER BUILDING 18A 2424 COURTHOUSE DRIVE VIRGINIA BEACH VA 23456-9083 Chairman, Virginia Beach Development Authority One Columbus Center, Suite 300 Virginia Beach, VA 23462 FAX//499-9894 Gary Fentress, Esq. Office of the City Attorney Municipal Center FAX//563-1167 RE: Evaluation of Public Benefit Beth Sholom Home of Eastern Virginia Tax Exempt Bond Application 120 beds of Skilled Nursing Care VBDA Agenda March 19, 2002 I have reviewed the information provided regarding the above referenced project In my opinion a public benefit is achieved by this facility providing affordable skilled nursing care for low and very low income elderly. We have been advised by the applicant that this facility serves persons on medicaid, which provides a benefit to the low and very Iow income in need of skilled nursing care. Please let me know if you need anything further regarding this issue. Thank you. Anch, egv riedman Director - 24 - Item VI-I. 1. APPOINTMENTS ITEM ii 494 79 B Y CONSENSUS, Cay Counctl RESCHEDULED thefollowtng APPOINTMENT COMMUNITY SER VICES BOARD Aprtl 2, 2002 - 25 - Item VI-I. 2. APPOINTMENTS ITEM # 49480 Upon NOMINATION by Vtce Mayor Sessoms, Ctty Council APPOINTED: Katherine K. Katsias REAPPOINTED: Sharon L. Fraim Manuel,4. Hipoi, MD Elliott C. Jones, Ph.D Robert N. Melatti Sheila P. Price John M. Ryan, PC 2 year terms 7/01/2002-6/30/2004 AR TS AND HUMANITIES COMMISSION Vottng 8-0 Councd Members Vottng Aye Margaret L Eure, Barbara M Henley, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Wdham D Sessoms, Jr and Rosemary Wtlson Councd Members Vottng Nay None Councd Members Absent Ltnwood 0 Branch, III, Wdham W Harrtson, Jr and Louts R Jones Aprd 2, 2002 - 26- Item VI-I. 3. APPOINTMENTS ITEM # 49481 Upon NOMINATION by Vtce Mayor Sessoms, City Counctl APPOINTED: Ralph Cleveland William A. Dyson HUMAN RIGHTS COMMISSION 3 year terms 4/01/2002-3/31/2005 Vottng 8-0 Counctl Members Vottng Aye Margaret L Eure, Barbara M Henley, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Wdham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Ltnwood 0 Branch, III, Wtlham W Harrtson, Jr and Louts R Jones Aprtl 2, 2002 -27- Item VI-K. 1. NE W BUSINESS ITEM # 49482 Upon motton by Councd Lady Henley, seconded by Counctl Lady Parker, Ctty Counctl SCHEDULED TO BE ADVERTISED FOR APRIL 23, 2002, at 6 PM, RECONSIDERATION Apphcatton of PRINCESSBORO DEVELOPMENT COMPANY, INCORPORATED for a Con&ttonal Use Permtt re a borrow pit on the south stde of Sandbrtdge Road, 720 feet east of Prtncess Anne Road, contatntng 64 911 acres (PRINCESS ANNE- DISTRICT 7) [Withdrawn March 26, 2002] Vottng 7-1 Counctl Members Vottng Aye Barbara M Henley, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K. Parker, Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay Margaret L Eure Counctl Members Absent Ltnwood 0 Branch, III, Wdham W Harrtson, Jr and Louts R Jones Aprtl 2, 2002 - 28 - Item VI-K.2. NE W BUSINESS ITEM # 49483 Barbara Messner, Phone 422-1902, spoke relattve the proposed RESOURCE MANAGEMENT PLAN- FY 2002 - 2003 - Budget/CAPITAL IMPROVEMENT PROGRAM- FY 2002/03 - 2007/08, concermng support of 31st Street Park Vtctorta Rtzzt, Phone 424-0607, spoke relattve the proposed RESOURCE MANAGEMENT PLAN- FY 2002 - 2003 - Budget/CAPITAL IMPROVEMENT PROGRAM- FY 2002/03 - 2007/08 concerntng support of 3Ist Street Park and in opposttton to a proposed hotel Aprtl 2, 2002 - 29- Item VI-N. 1. ITEM ii 49484 Mayor Meyera E Oberndorf DECLARED the Ctty Council Meettng ADJOURNED at 6:19 P.M. Beverly 0 r'Hooks, CMC Chief Deputy City Clerk Ctty Clerk Meyera E Oberndorf Mayor City of Vtrgtnta Beach Vtrgtnta Aprtl 2, 2002