JANUARY 27, 1998 MINUTES
"WORLD'S LARGEST RESORT Crrv
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR WILLIAM D. SESSOMS, JR., At-Large
JOHN A. BAUM, Blackwater Borough
LINWOOD O. BRANCH, III, Virginia Beach Borough
WILLIAM W. HARRISON, JR., Lynnhaven Borough
HAROLD HEISCHOBER, At-Large
BARBARA M. HENLEY, Pungo Borough
LOUIS R. JONES, Bayside Borough
REBA S. McCLANAN, Princess Anne Borough
NANCY K. PARKER, At-Large
LOUISA M. STRAYHORN, Kempsville Borough
f@oll I'I'N'
JAMES K. SPORE, City Manager CITY COUNCIL AGENDA 2@l
LESLIE L. LILLEY, City Attorney
RUTH HODGES SMITH, CMC/AAE, City Clerk
JANUARY 27, 1998
I. CITY MANAGER'S BRIEFINGS - Conference Room - 1:30 PM
A. COMMUNICATION TOWERS
William M. Macali, Deputy City Attorney
David C. Sullivan, Director, Information Technology
William Gambrell, City Planner, Department of Planning
B. HAMPTON ROADS SOCCER STATUS REPORT
J. Barry Frankenfield, Planner, Parks and Recreation
II. REVIEW OF AGENDA ITEMS
III. CITY COUNCIL CONCERNS
IV. INFORMAL SESSION - Conference Room - 3:30 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
V. FORMAL SESSION - Council Chamber - 6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: The Reverend Randy Orwig
The New Tidewater United Church of Christ
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THF UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS January 13, 1998
G. AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
The Consent Agenda will be determined during the Agenda Review Session and considered in the
ordinary course of business by City Council to be enacted by one motion.
I. PUBLIC HEARINGS
1. EXCESS CITY REAL ESTATE PROPERTIES:
a. Virginia Beach Boulevard 5,928 Acres (LYNNHAVEN BOROUGH)
b. Level Green Boulevard 0.05 Acres (K-EMPSVILLE BOROUGH)
C. South Independence Boulevard 7.7 Acres (KEMPSVILLE BOROUGH)
d. First Court Road 1.5873 Acres (BAYSIDE BOROUGH)
2. TAX EXEMPTION: REAL AND PERSONAL PROPERTY
a. Samaritan House. Inc
J. ORDINANCES
1. Ordinances to declare EXCESS PROPERTY:
a. 3432 Virginia Beach Boulevard
For disposition of 5.928 Acres (LYNNHAVEN BOROUGH) to the Virginia
Beach Development Authority re SALE, LEASE and FINANCING of the
Department of Social Services building.
b. Level Green Boulevard adjacent to Colonial Court Apartments (formerly College
Square Apartments, 0.05 Acres (KEMPSVILLE BOROUGH), to be
EXCHANGED for an immediately adjacent site re construction of a Pump
Station, Reon Drive Sanitary Sewer Improvements Project (CIP 6-949).
C. South Independence Boulevard, (Constitution Drive Flyver) adjacent to the
Larkspur Subdivision, re SALE of 7.7 Acres (KEMPSVILLE BOROUGH);
and authorize the City Manager dispose of same.
2. Ordinance to APPROPRIATE $140,000 from the General Fund to provide an interest-free
loan to the Davis Corner Volunteer Rescue Squad re purchase of a replacement squad
truck.
3. Ordinance to authorize acquisition of property (Parcel A - 35,667 square feet and Parcel B -
1,434 square feet), in fee simple from Hubert L. and Mona H. Dail re a site for Little Neck
Neighborhood Park (CIP 4-950.05), either by agreement or condenmation (L,YNNHAVEN
BOROUGH).
K. RESOLUTIONS
1. Resolution re support for legislation to designate real and personal property owned by
Samaritan House, Inc. TAX EXEMPT from State and Local Real and Personal Property.
2. Resolution of endorsement to the Commonwealth Transportation Board re The Ferry
Plantation House Restoration, Phase 1, as a proposed project for the Federal
Transportation Enhancement Program (80%-20% match), authorized by the Intermodal
Surface Transportation Efficiency Act (ISTEA)
L. PUBLIC HEARING - PLANNING
PLANNING BY CONSENT - to be determined during the Agenda Review Session.
1. NON-ACTION ITEM
DEFERRED BY PLANNING COMMISSION 14 January 1998
a. Application of DAVISVILLE PROPERTIES, L.L.C. for a Change of Zoning
District Classification from R-10 Residential District and B-2 Community
Business District to Conditional B-2 Community Business District at the
Southwest intersection of First Colonial Road and Republic Road, containing
11.681 acres more or less (LYNNHAVFN BOROUGH).
2. Ordinances re discontinuance, closure and abandonment in the Petitions of:
a. BAYVILLE FARMS ASSOCIATES, L.C. of a portion of First Court Road,
beginning at the Southern boundary of Shore Drive and running 1165.07 feet in a
Southwesterly direction, containing 1.42 acres (BAYSIDE BOROUGH).
Deferred for Compliance: 08 July 1997
Recommendation: FINAL APPROVAL
b. R. LEWIS BOGGS (VIRGINIA BEACH BOROUGH):
(1) Parcel 1: Alleyway located between 29th and 30th Streets beginning at
the Western Boundary of Arctic Avenue and running in a Westerly
direction to the Eastern boundary of Holly Road
(2) Parcel 2: Alleyway located 140.15 feet North of 27th Street beginning at
the Eastern boundary of Holly Road and running 49.93 feet in an Easterly
direction (Parcels 1 and 2 contain 6,086.45 square feet).
Deferred for Compliance: 09 January 1996
Additional 180-Day Deferral: 09 July 1996
Additional 180-Day Deferral: 14 January 1997
Additional 180-Day Deferral: 07 August 1997
Recommendation: ADDITIONAL 180-DAY DEFERRAL
C. POTTERS ROAD INVESTMENT GROUP - Potters Road beginning at the
Southeast intersection of Potters Road and Wesley Drive, running in an Easterly
direction 270 feet, more or less, , containing 6,577.56 square feet (LYNNEAVEN
BOROUGH).
Deferred for Compliance: 09 July 1996
Additional 180-Day Deferral: 04 January 1997
Additional 180-Day Deferral: 07 August 1997
Recommendation: ADDITIONAL 180-DAY DEFERRAL
d. THE RUNNYMEDE CORPORATION - following streets, containing 1.385
acres (LYNNHAVEN BOROUGH):
(1) Pine Street: Beginning at the Southern boundary of Fourth Street and
running 457.03 feet in a Southerly direction to the Northern boundary of
South Boulevard.
(2) Poplar Street: Beginning at the Southern boundary of Fourth Street and
running 456.99 feet in a Southerly direction to the Northern boundary of
South Boulevard
Deferred for Compliance: 08 July 1997
Recommendation ADDITIONAL 180-DAY DEFERRAL
e. DEFORD LIMITED, a Virginia Corporation - portion of Wishart Point Court
beginning on the Eastern boundary of Battle Royal Circle and running 538.18 feet
in an Easterly direction, thirty feet (30') in width and containing 14,711 square
feet (BAYSIDE BOROUGH).
Recommendationi APPROVAL
3. Application of JOHN B. and JUNE H. MYERS for a Variance to Section 4.4(b) of the
Subdivision Ordinance which requires lots created by subdivision meet all requirements
of the City Zoning Ordinance at 4012 Richardson Road re subdivision of 5.3 acre parcel
into three (3) lots, two of which do not meet the lot-width requirement of the R-40
Residential District (BAYSIDE BOROtJ(', Hi.
Recommendation APPROVAL
4. Application of ABUNDANT LIFE MINISTRIES for a Conditional Use Permit for a
church and a school on the North side of Indian River Road, 150 feet more or less West
of Military Highway (6530 and 6532 Indian River Road), containing 3.636 acres
(KEMPSVILLE BOROUGH).
Recommendation APPROVAL
5. Application of FAITH MISSION C.O.C.D. for a Conditional Use Permit for a church
on the South side of Lake Edward Drive 134.76 feet more or less West of Newtown Road
(575 Lake Edward Drive), containing 7,370 square feet (BAYSIDE BOROUGH).
Recommendation APPROVAL
6. Application of MARTHA L. MARCEL for a Conditional Use Permit for vehicle and
trailer rentals (U-Haul) on Parcels A4 and A5, Parcel 4, Cedar Hill Section A, containing
4.821 acres (KEMPSVILLE BOROUGH)
Staff Recommendation: DENIAL
Planning Commission Recommendation APPROVAL
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERKIS OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305(TDD - Telephonic Device for the Deaf)
01/22/98cmd
AGENDA\01/27/98.PLN
www.virginia-beach.va.us
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
Janua 27, 1998
Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFINGS in the Council Conference
Room, City Hall Building, on January 27, 1998. at 1:30 P.M.
Council Members Present.
John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf. Nanc.i K Parker and
Vice Mayor William D, Se.@,@oms, Jr
Council Members Absent.
Louisa M Strayhorn [ENTI,RFI) i.50P.M.]
CITY MANAGER'S BRIEFING
OCEAN GATEWAY PARK
1:30 P.M.
ITEM # 43108
Cheyney Cole, Chair of the Resort Area Advisor Commissiony, distributed copies of the "Ocean Gateway"
Concept and advised this is part of the overall Laskin Road Corridor project. This was devised in the early
summer of 1997. Tim Barrow and Billy Almond, as a follow-up to the Charrete Group's work, have
contributed an enormous amount of time and effort in this plan. RAAC endorsed the concept unanimously
at their January 8, 1998, meeting. RAAC believes this Plan successfully addresses the similarly contradictory
objectives of creating a distinctive public open space feature on the ocean, while at the same time optimizing
the tax generation potential of this area. This development in tandem with the Harris-Teeter project can
certainly be the catalystfor the revitalization of the entire Thirty-first Street Corridor.
Tim Barrow, advised the package contains a color copy of the plan and a two page summary of the Ocean
Gateway Concept. Billy Almond, Landscape Architect, and Mr. Barrow picked up the overall plan and
developed a more detailed plan. Mr. Barrow advised they have examined the Development Authority's
property in the immediately adjoining site. A suggestion has been advanced to consider the entire four-block
area bounded by Pacific Avenue, the Oceanfront, 31st and 29th Streets. The genesis for this entire four-
block area is to give a sense of identity with the same type of design elements, streetscape improvements,
signage, landscaping being utilized throughout the entire four-block area. This area includes slightly over
14 acres - 9.2 acres of which are owned by the City, 4.8 acres of this area is owned by the private sector.
The public, just by virtue of ownership, has a distinct role to play in the revitalization and capitalization of
this potential. The principle elements of the Plan are "The Green: 31st Street (just a green space which
would be a relief from the normal program of what goes on in the resort area). Entrance to the public green
would be distinguished by a light and infrastructure at this point where you enter the park space. The same
element would be repeated at the 30th Street. Both 30th as well as 31st Street are major approaches to the
Oceanfront; therefore, at both of these entries to the public space, a visual focal point would be created at
the entryway into the park space. At the point where the green meets the boardwalk, a Play Fountain has
been suggested to be located right on the axis of the boardwalk. It would be similar to the Olympic fountain
in Atlanta. It was also suggested to include water steps to fall off to the level of the beach down below. At
night this would be a visual focal point and would also be set so that the fountain, infact, could be cut off
during special occasions, i.e. the Neptune Festival or Arts Festival. The center of the Fountain could be
utilized as a stage for casual seating on the green overlooking the public space. It would be another
entertainment venue during those special occasions. It would not be a nightly entertaining venue more of
a casual space. A landscape edge outlines the perimeter to the the Thirtieth Street entrance to the Thirty-first
Street entrance. The other public components of the program include a small performance stage right at
the end of the point where the walkway meets. Another major feature of the proposal would be this small
stage would be for nightly entertainment and would work in conjunction with the Gateway Park Hotel. This
proposal has been based around the PFP proposals that the City has been negotiating to attempt to devise
a program to combine a well designed public function space with private investment that would generate tax
revenue and help pay for the improvements, of the park itself. The hotel element is located toward the
southern center of the block and this hotel is proposed to be raised on a terrace level. It would not be at the
grade of the park. A green landscape edge would be all the, way around the public park space defining the
public park space and providing privacy for the terrace levele, the cafe level, the pool level, etc. Therefore,
there would be privacy. The cafe levels would overlook the small performing stage. The pool level would look
out over the ocean. The club level would look out over the green and essentially become the "box seat "
overlooking the public space. Another key component of the park development scheme is a location called
"Ocean Terrace". In a public space, quality public restrooms are needed as well as some type of concession
to provide refreshments. A two-level facility has been suggested, one at grade, which would be oriented
toward Atlantic Avenue. A terrace level facility was also suggested to overlook the "green " and public
space. The other component of this public element of the plan includes an Ocean Pier. This would be an
extension ofthe boardwalk environment. It is it public walking space. It has been suggested that at the center
of the pier, there would be a series of attractively designed kiosks which could be made available for public
venue: Marine Science Museum, the Arts Center, Life Saving Museum, to provide samples of Virginia
Beach.. The consultant did not believe this would be an extravagantly expensive proposition. The oceanfront
end which is currently owned by the Vakos family, would also be included in the overall sense of this public
space. The consultant is very interested in adding additional rooms to their hotel and conference facilities.
The Vakos family also owns a significant portion of the old Plantation Hotel, as well as a garage location,
which provides a unique opportunity to integrate the refurbishment of the oceanfront end and these adjoining
properties into something that would expand the public space by extending along the Atlantic Avenue
frontage an extension of the landscape edge and landscape treatment in the park itself.
1 3
CITY MANAGER'S BRIEFING
OCEAN GATEWAY PARK
ITEM # 43108 (Continued)
It was suggested, as part of the redevelopment, all or a substantial part of the parking of this oceanfront end
would be relocated from that location into a new Multi-level Garage structure that would occupy the entire
block between 30th and 29th Street and Pacific and Atlantic. That garage would have retail frontage on the
30th Street side as well as along Atlantic Avenue and would include parking for the Oceanfront Inn,
Gateway Park Hotel, public beach parking and parking for the public park space. In addition, it would
provide parking for a Retail Entertainment Center that would occupy the entire block between 31st and 30th
at Pacific and Atlantic. This complex would be linked at the second floor level, which would be the public
parking level. It was suggested that the primary entrance and exit to the garage actually be located off 29th
Street, so there would not be congestion at the 30th Street entrance. It was also suggested there might be
valet parking included on both 30th and 31st Street, so that visitors coming to the park could actually park
their car at the curb and have it parked for them, coming back to the garage at a later time.
Januaty 27, 1998
- 4
CITY MANAGER'S BRIEFINGS
COMMUNICATION TOWERS
1:55 P.M.
ITEM # 43109
David G. Sullivan, Director Information Technology, advised relative Wireless Telecommunications
Providers:
77 existing wireless sites on 38 towers
38 on private property
3 on VDOT right-of-way
2 on City property
All existing towers can accommodate multiple users. The
City has two sites: Great Neck and Pleasure House
Road where one tower supports four different
companies
Four licensed operators
GTE - Mobilnet
360 communications
Primeco
AT & T Wireless
FUTURE
Two more licensed operators are beginning to build
their networks and will enter this market:
Nextel
Sprint PCS
All six operators will need additional sites
New operators need their initial sites
Existing operators need more sites to accommodate
growth and new technologies.
Given these conditions, we can easily expect the number
of wireless sites to double in Virginia Beach within
the next three to five years.
Virginia Beach needs a first class telecommunications
infrastructure to support economic development and
meet its customers needs.
The issues regarding why so many towers are needed are geographic coverage and each tower can only
accommodate a certain number of phone calls.
Make More City Sites Available
13 Water Tanks
10 high schools with stadium lighting
5 or more sites with existing towers or suitable for a
new tower.
Januar
.y 2 7. 1998
5
CITY MANAGER'S BRIEFINGS
COMMUNICATION TOWERS
ITEM # 43109 (Continued)
Why Use City Sites
Takes advantage of existing tall structures and sites
suitable from a land use and neighborhood
comparability standpoint.
To provide alternative to wireless providers that are less
controversial than undeveloped private sites.
Revenue generated to the City.
Creates opportunity for City to collate public safety
and government wireless sites on towers constructed
and maintained by wireless providers.
Revenue Potential
Current lease negotiations suggest that a single tower
on City property with two wireless providers would
generate approximately $200,000 in lease revenue
over the first five years.
We have been approached by their wireless industry on
twelve sites to date.
If all twelve sites could be leased, the five year revenue
estimate would be $2.4-MILLION.
Mr. Sullivan advised the Process:
Staff would develop a standardized lease working with
the wireless providers.
Staff would work with the providers to determine the best
sites to lease
Ordinance would be drafted requesting bids on the
particular site or sites using the standardized lease.
Council would approve the ordinance requesting bids
Bids advertised for four successive weeks
Council opens bids in public session and closes bidding.
Staff will evaluate the bids and recommend to City
Council for award
Council adopts ordinance awarding lease
Successful lease holder applies for conditional use
permit
January 27, 1998
6
CITY MANAGER'S BRIEFINGS
COMMUNICATION TOWERS
ITEM # 43109 (Continued)
William Gambrell, City Planner - Department of Planning, advised, in his communication with individuals
around the State, the towers disguised as trees are not well disguised. Each of the towers coming before
City Council have many times come before Mr. Gambrell as higher towers. The staff attempts to squeeze
the height down. It depends upon the location of the other towers and how they are talking to one another
as to where the height can change up or down. Tower heights are not necessarily going to increase except
in the rural areas where there may be expanded coverage, as there are a limited number of phone calls that
are occurring. Towers are more likely going to reduce in size because of numbers of towers in existence.
Council Lady McClanan referenced articles in the January 11, 1998, New York Times relative cellular
towers, depicting one mounted on a church tower and another installed in a cactus. The article on Sunday,
January 4, 1998, in the Daily Press, advised the companies are offering amenities to address the
neighborhood concerns.
The tower in Great Neck with the triangular top is one of the largest of any in the City. This tower prompted
the modification to the City Zoning Ordinance. Councilman Harrison advised there are approximately 35
antennas on a clear day viewed from his tenth floor offic in Norfolk.
William Macali, Assistant City Attorney, advised localities have not faired well under the
telecommunications act. However, if there are alternative sites, which City Attorney Macali believes will
be available on commercially reasonable terms, this would definitely be a factor in supporting a City
Council denial of a tower.
Mr. Gambrell advised the HQ tower by the interstate was a smaller tower, and the City requested this be
taken down and a second tower constructed on the same site which would accommodate multiple users. The
first tower did not have this technology.
Mr. Gambrell advised a tower has been recommended by the School Board to be erected on a ballfield at
Bayside High School. This will be coming to City Council for consideration. This proposed tower has a very
unique design on the antenna.
Mayor Oberndorf suggested utilizing the Planning Commission's van for City Council to look at the various
towers within the City.
City Council concurred it is acceptable to pursue the concept of leasing public sites.
January 2 7, 1998
7
CITY MANAGER'S BRIEFINGS
HAMPTON ROADS SOCCER STATUS REPORT
2:35 P.M.
ITEM # 43110
J. Barry Frankenfield, Planner - Parks and Recreation, referenced the report of November 1997 regarding
Hampton Roads Soccer Council, as it relates to the Soccer Complex in the Princess Anne Borough and the
Conditional Use Permit requirement of August 8, 1995. Condition 3 stated.
3. A twenty-foot (20') wide landscaped buffer consisting of a double row
(staggered) of wax myrtle or an equivalent species of evergreen shrub shall be
incorporated into the site design on the Western side of the proposed parking
area. The spacing for the required landscaped materials shall be a maximum of
eight feet (8), on center, with the intent of providing a continuous buffer for the
adjacent residential homes. A plan incorporating this condition must be
submitted and approved by the Planning Department prior to final site plan
approval. Landscaping material shall be placed on the parking lot side of the
ditch.
This has not been installed primarily due to funding. There has been concern by the Salem Lakes Civic
League. Basically the bottom line is if a berm is installed, parking must be removed. The City staff met with
the neighborhood on January 15, 1998, and discussed alternatives. One of the alternatives was to provide
a planting buffer and/or a fence resembling that next to the Elementary School, which at present time
consists with considerable hedge, some natural trees and a fence. At that time, the Civic League did not
support the fence or the planting buffer. City Council Members present at the meeting requested the staff
develop detailed plans and costs for different alternatives. Last night, January 26, 1998, the City staff met
with the Civic League and talked in greater detail relative the berm of approximately 3 ½-feet. The proper
planting that will be appropriate would be native plantings, indigent plantings, flowering trees, canopy
shade trees, wax myrtle, bayberry on top of the berm and evergreen trees. This does screen the
neighborhood. The Civic League believed this to be an appropriate solution as this berm resolves their key
issues of sound and appearance. The paving of the parking lots was also discussed as another issue. The
members agreed they would prefer to have the lots paved and this was primarily due to the dust. There are
three neighbors with pools along this property line who have found their pools full of dust during this time.
Mr. Frankenfield cited three choices:
Fence and Planting Alternative $ 40,000
Berm, no significant new Planting, and new gravel parking $195,000
Berm, pave existing parking lot, pave newparking lot, new Planting $395,000
The Parks and Recreation Capital Improvement Program is a funding alternative. The Princess Anne Park
Project currently has funding of $411,000, however, there are certain items that are planned or projected
for that. The $40,000 relatively has minor impact. This could certainly be absorbed. The $195,000 would
delay Mount Trashmore Park Renovation and the removal of the Soap Box Derby. In the proposed CIP,
Parks and Recreation proposes to transfer funds from the existing Princess Anne Park Project to the
Mount Trashmore Project. A $395,000 alternative from the Parks and Recreation CIP would delay Mount
Trashmore and certain tennis court renovations. There are 69 tennis courts planned to be renovated within
the next six years. Approximately eight of those would be delayed over a period of time.
The Soccer Council requests the City provide a grant to the Hampton Roads Soccer Council (or the City
perform the work) of the amount necessary to provide the following infrastructure for the Soccer Complex.:
Install water and sewer lines up to the Soccer complex lease line (estimated
cost $50,000)
January 27, 1998
- 8 -
CITY MANAGER'S BRIEFINGS
HAMPTON ROADS SOCCER STATUS REPORT
ITEM# 43110 (Continued)
Install a fence and additional landscaping to screen the Soccer Complex
parking lot from the neighboring residences (estimated cost ($40,000);
Construct walkways out of the Soccer Complex parking lot (estimated cost
$5,000);
Pave parking lot (if required) (estimated cost $75,000)
Construct additional parking lot (gravel) (estimated cost $125,000); and
Landscape all parking lots (estimated cost $15,000).
C. Grigsby Scifres, President - Soccer Council, referenced his correspondence, which is hereby made a part
of the record. The Soccer Council requests the City make an interest free loan to HRSC in the amount of
$450,000. Repayment will be made at the rate of S8,350 per month ($100,000/year) beginning June 1, 2000.
HRSC needs to delay commencing repayment until after it has repaid its existing loan (originally $300,000)
to First Coastal Bank. This loan will he used to accomplish the following:
Construct and equip a 3900+ square feet building containing public
restrooms, concessions, first aid clinic, meeting an office space, and
maintenance storage and garage (estimated cost $300,000);
Construct four picnic pavilions (estimated cost $30,000);
Install signage on and off-site (estimated cost $5,000);
Install security fencing (estimated cost $12,500);
Install drainage pipe at cross-walks (estimated cost $7,500);
Install landscaping on-site (estimated cost $25,000);
Install additional well and pump for irrigation system (estimated cost $8,500);
Purchase "gator" vehicle to be used by HRSC grounds keeper (estimated cost
$9,000); and
Purchase portable bleachers and team benches (estimated cost $20,000)
Mr. Frankenfield advised manual service contracts would be utilized through the Public Works Department,
which is a unit cost contract and can be implemented fairly quickly. The City would stockpile the dirt, from
the school site construction project, which already has a commitment from that contractor. The staff would
plan to have the berm installed by mid April to stabilize the seed and have the plants grow. The trees would
be planted by mid april at the latest. The development of the new parking and paving can also be performed
through an annual service contract.
BY CONSENSUS, City Council agreed to follow the plan encompassing the berm with planting, paving the
existing lot closest to the neighborhood and build the new parking lot with gravel, to be completed by April
at a cost of approximately $335,000. Parks and Recreation and the Citt Attorney's office will review the
lease for possible amendment.
Nadia Thom, representative Salem Lakes Civic, League, advised the League was concerned mainly with the
berm and the planting. It was not this initial request for the City to pay for the parking lot paving.
January 2 7, 1998
9
AGENDA REVIEW SESSION
3:20 P.M.
ITEM # 43111
The City Attorney advised the individual requesting the Excess property at First Court Road never completed
the application; therefore, it would not be considered for ADOPTION:
Ordinance to declare EXCESS PROPERTY
1.5873 acres - Property located adjacent to First Court Road between Baylake
Road and Shore Drive
This Public Hearing was advertised and therefore must be conducted
ITEM # 43112
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
ORDINANCES/RESOLUTIONS
J.1. Ordinances to declare EXCESS PROPERTY
a. 3432 Virginia Beach Boulevard
For disposition of 5.928 Acres (LYNNHAVEN
BOROUCTH) to the Virginia Beach Development
Authority re SALE, LEASE and FINANCING of the
Department of Social Services building.
b. Level Green Boulevard adjacent to Colonial Court Apartments
(formerly College Square Apartments), 0.05 Acres
(KEMPSVILLE BOROUGH), to be EXCHANGED for an
immediately adjacent site re construction of a Pump
Station, Reon Drive Sanitary Sewer Improvements
Project (CIP 6-949)
c. South Independence Boulevard, (Constitution Drive Flyover)
adjacent to the Larkspur Subdivision, re SALE of 7.7
Acres (KEMPSVILLE BOROUGH), and authorize the
City Manager dispose of same
J2. Ordinance to APPROPRIATE $140,000 from the General Fund
to provide an interest-free loan to the Davis Corner Volunteer
Rescue Squad re purchase of a replacement squad truck.
J3. Ordinance to authorize acquisition of property (Parcel A - 35,667
square feet and Parcel B 1,434 square feet) in fee simple from
Hubert L. and Mona H. Dail re a site for Little Neck
Neighborhood Park (CIP 4-950.05), either by agreement or
condemnation (L Y/VArH,4 V@,N BOROtJGllj
K.1. Resolution re support for legislation to designate real and
personal property owned by Samaritan House, Inc. TAX
EXEMPT from State and Local Real and Personal Property
K.2. Resolution of endorsement to the Commonwealth Transportation
Board re The Ferry Plantadon House Restoration, Phase I, as a
proposed project for the Federal Transportation Enhancement
Program (80%-20% match), authorized by the Intermodal Surface
Transportation Efficiency Act (ISTEA)
January 27, 1998
10
AGENDA REVIEW SESSION
ITEM # 43113
Councilman Jones referenced this item and advised this application must be deferred for two weeks, or sent
back to the Planning Commission after discussion with the applicants attorney:
L.2. Ordinance re discontinuance, closure and abandonment in the
Petition of:
a. BAYVILLE FARMS ASSOCIATES, L.C. of a portion of First
Court Road, beginning at the Southern boundary of Shore Drive
and running 1165.07 feet in a Southwesterly direction, containing
1.42 acres (BA YSIDE BOROUGH)
ITEM # 43114
Councilman Harrison questioned the reason this application continued to appear under the name of Boggs,
when the title of the property has transferred to Harris Teeter.
L.2. Ordinance re discontinuance, closure and abandonment in the
Petition of:
b. R. LEWIS BOGGS (VIRGINIA BEA CH BORO(I(;H,,
Parcel 1. Alleyway located between 29th and 30th Streets
beginning at the Western Boundary of Arctic Avenue and running
in a Westerly direction to the Eastern boundandary of Holly Road
Parcel 2: Alleyway located 140.15 feet North of 27th Street
beginning at the Eastern boundary of Holly Road and running
49.93 feet in an Easterly direction (Parcels 1 and 2 contain
6,086.45 square feet)
The City Attorney advised the original application was under the name of Boggs. Councilman Harrison
requested the current applicant (Harris-Teeter) be advised and all Conflict of Interest filed with this
application.
ITEM # 43115
Council Lady Strayhorn advised this application will be discussed during the Formal Session.
L.6. Application of MARTHA L. MARCEL for a Conditional Use
Permit for vehicle and trailer rentals (U-Haul) on Parcels A4
and A5, Parcel 4, Cedar Hill Section A, containing 4.821
acres (KEMPSVIILE BOROUGH),
ITEM # 43116
BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA.
L.2. Ordinances re discontinuance, closure and abandonment in the
Petitions of:
a. BAYVILLE FARMS ASSOCIATES, L. C. of a portion of First
Court Road, beginning at the Southern boundary of Shore Drive
and running 1165.07 feet in a Southwesterly direction, containing
1.42 acres (BA YSIDE BOROU(;H)
Janua 21',1998
11
AGENDA REVIEW SESSION
ITEM # 43116 (Continued)
b. R. LEWIS BOGGS (VIRGINIA BEACH BOROUH).
(1) Parcel 1. Alleyway located between 29th and 30th Streets beginning
at the Western Boundary of Arctic Avenue and running in a Westerly
direction to the eastern boundary of Holly Road
(2) Parcel 2. Alleyway located 140.15 jeet North of 27th Street
beginning at the Eastern boundary of Holly Road and running 49.93 feet
in an Easterly direction (Parcels 1 and 2 contain 6,086.45 square feet).
C. POTTERS ROAD INVESTMENT GROUP - Potters Road
beginning at the Southeast intersection of Potters Road and Wesley
Drive, running in an Easterly direction 270 feet, more or less,,
containing 6,577.56 square feet (L YNNHA VE V 130ROUCjH).
d THE RUNNYMEDE CORPORATION - following streets,
containing 1.385 acres (LYAINIIAVENBOROII(;H)
(1) Pine Street: Beginning at the Southern boundary of Fourth
Street and running 457.03 street in a Southerly direction to the
Northern boundary of South Boulevard
(2) Poplar Street. Beginning at the Southern boundary of Fourth
Street and running 456.99 feet in a Southerly direction to the
Northern boundary of South Boulevard
e. DEFORD LIMITED, a Virginia Corporation portion of Wishart
Point Court beginning on the Eastern boundary of Battle Royal
Circle and running 538.18 feet in an Easterly direction, thirty feet
(30') in width unit containing 14,711 square feet (BAYSIDE
BOROUGH)
L.3. Application of JOHN B. and JUNE H. MYERS for a Variance to
Section 4.4(b) of the Subdivision Ordinance which requires lots
created by subdivision meet all requirements of the City Zoning
Ordinance at 4012 Richardson Road re subdivision of 5.3 acre
parcel into three (3) lots, two of which do not meet the lot-width
requirement of the R-40 Residential District (BARSIDE
BOROUGH)
L.4. Application of ABUNDANT LIFE MINISTRIES for a
Conditional Use Permit for a church and a school on the North
side of Indian River Road, 150 feet more or less West of Military
Highway (6530 and 6532 Indian River Road), containing 3,636
acres (KEMP,5VILLE BOROU(T'l-I)@
L.5. Application of FAITH MISSION C.O.C.D. for a Conditional Use
Permit for a church on the South side of Lake Edward Drive
134.76 feet more or less West of Newtown Road (575 Lake Edward
Drive), containing 7,370 square feet (BA YSIDE BOROUGH),
Item L.2a.. will be DEFERRED, BY CONSENT, until the City Council Session of February 10, 1998.
Item L.2b. and L.2.c. and L.2.d. will be APPROVED, BY CONSENT, for an additional 180-DAY
DEFERRAL, until the City Council Session of July 14,1998.
Item L.2.e. will be APPROVED, BY CONSENT, subject to compliance of conditions by July 14, 1998.
Janua 27. 1998
1 13
ITEM # 43123
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, January 27, 1998, at 3:35
P.M.
Council Members Present.-
John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr.,
Harold Heischoher, Barbara M. Henley, Louiv R. Jones, Reba S.
McCianan Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr and Louiva A4 Str(i.vhorn
Council Members Absent.
None
January 27, 1998
14
ITEM # 43124
Mayor Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION,
pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS- Discussion or consideration of or
interviews ofprospective candidates for employment, assignment,
appointment, promotion, performance, demotion, salaries,
disciplining, or resignation of specific public officers, appointees,
or employees pursuant to Section 2.1-344 (A)(1)
To Wit: Appointments: Boards and Commissions
Human Rights Commission
Personnel Board
Shore Drive Advisory Commission
Youth Services Coordinating Council
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
condition, acquisition, or use of real property for public purpose,
or of the disposition of publicly-held property, or of plans for the
future of an institution which could affect the value of property
owned or desirable for ownership by such institution pursuant to
Section 2.1-344(A)(3)
To-Wit. Kempsville Borough
Virginia Beach Borough
LEGAL MATTERS: Consultation with legal counsel or briefings
by staff members, consultants, or attorneys pertaining to actual or
probable litigation, or other specific legal matters requesting the
provision of legal advice by counsel pursuant to Section 2.1-
344(A)(7).
To-Wit: City of Virginia Beach v.
Virginia Marine Resources Commission
Contract Negotiation/Selection - Lobbyist
Cellar Door - Beach Events Contract
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parke, City Council voted to proceed into
EXECUTIVE SESSION.
Voting. 11-0
Council Members Voting Aye
John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr.,
Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice
Mayor William D. Sessoms, Jr. and Louisa A4 Stravhorn
Council Members Voting No
None
Council Members Absent.
None
January 2 7, 1 998
15 -
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
January 27, 1998
6:15 P.M.
Mayor Meyera E. Oberndorf , called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, January 27, 1998, at 6.15 P.M.
Council Members Present.
John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice
Mayor William D. 5essoms, Jr. and Louisa Al Strayhorn
Council Members Absent.-
None
INVOCA TION Ruth Hodges Smith, CMCI'AAE
City Clerk
PLEDGE OF ALLEGIANCE TO THE FLA G OF OFAMERICA
Vice Mayor Sessonu, being a Corporate Officer of Central Fidelity Bank disclosed there were no matters
on the agenda in which he has a '@ersonal interest", as defined in the Act, either individually or in his
capacity as an officer of Central Fidelity Bank. 7he Vice Mayor regularly makes this Disclosure as he may
or may not know of the Bank's interest in any application that mav come before City Council. Vice Mayor
@5essom,v'letter OfJanuary 1, 1998, is hereby made a part of tht, r(,(orti
January 2 7. 1998
16 -
Item V-E.
CERTIFICA TION OF
EY*ECUTIVE SESSION ITEM # 43125
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council CERTIFIED
THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open
Meeting requirements by Virginia law were divctased in Executive
Session to which this certification resolution applies
A ND,
Only such public business matters as were identified in the motion
convening the Executive Session were heard, discussed or
considered by Virginia Beach City Council
Voting: 11-0
Council Members Voting Aye.
John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice
Mayor William D Sessoms, Jr. and Louisa A4 5tra horn
Council Members Voting Nqv,
None
Council Members Absent.-
None
January 2 7, 1998
Resolution
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in ITEM # 43124, Page 14, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Cotmcil hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Executive Session
to which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Executive Session were heard, discussed or considered by
Virginia Beach City Council.
R th Hodges mith, CMC@AAF,
City Clerk January 27, 1998
1 7
Item V-F.1.
MINUTES ITEM # 43126
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of January 27,1998.
Voting. 11-0
Council Members Voting Aye.
John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Louisa A4 Stra horn
Council Members Voting No
None
Council Members Absent.
None
January 2 7, 1998
18
Item IV-G.
ADOPT AGENDA
FOR FORMAL SESSION ITEM # 43127
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
January 27, 1998
19
Item IV-J 1.a/b/c/d.
PUBLIC HEARING
ITEM # 43128
Mayor Oberndorf DECLARED A PUBLIC HEARING:
EXCESS CITY REAL ESTATE PROPERTIES:
Virginia Beach Boulevard 5.928 Acres (LYNNHAVEN BOROUGH)
Level Green Boulevard 0.05 Acres (KEMPSVILLEBOROUGH)
South Independence Boulevard 7.7 Acres IKEMPSVILLEBOROUGH)
First Court Road 1.5873 Acres (BAYSIDEBOROUGH)
There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
Janua 27, 1998
20 -
Item V-I.2..
PUBLIC HEARING
ITEM # 43129
Mayor Oberndorf DECLARED A PUBLIC HEARING:
TAX EXEMPTION: REAL AND PERSONAL PROPERTY
Samaritan House, Inc.
There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
January 27, 1998
21 -
Item V-J/K.
ORDINANCES/RESOLUTIONS ITEM # 43130
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED IN ONE
MOTION Ordinances 1 a,b,c and 2, and Resolutions 1 and 2 of the CONSENT AGENDA.
Voting: 11-0
Council Members Voting Aye.
John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice
Mayor William D, Sessoms, Jr. and Louiva W. Stru i,horn
Council Members Voting Nay
None
Council Members Absent.
None
Janua 27, 1998
22 -
Item V-J.1.a.
ORDINANCES/RESOLUTIONS ITEM # 43131
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to declare EXCESS PROPERTY
3432 Virginia Beach Boulevard
For disposition of 5.928 Acres ILYNNHAVEN
BOROUGH) to the Virginia Beach Development
Authority re SALE, LEASE and FINANCING of the
Department of Social Services building.
Voting: II -0 (By Consent)
Council Members Voting Aye.
John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr.,
Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr and Louisa A4 Siral,horn
Council Members Voting Nov.
None
Council Members Absent:
None
January 27. 1998
1 AN ORDINANCE AUTHORIZING THE
2 SALE OF 5.928 ACRE PARCEL OF
3 LAND AND IMPROVEMENTS TO CITY
4 OF VIRGINIA BEACH DEVELOPMENT
5 AUTHORITY, THE LEASE OF SAME
6 FROM THE DEVELOPMENT AUTHORITY
7 AND THE EXECUTION AND DELIVERY
8 OF OTHER DOCUMENTS RELATING TO
9 THE SALE, LEASE AND FINANCING
10 OF THE SOCIAL SERVICES BUILDING
11 WHEREAS, the City of Virginia Beach (the City) has undertaken
12 the construction of a new approximately 75,000 square foot social
13 services building (the Project) on the site of the existing social
14 services building the City having determined that such existing
15 facility is no longer adequate in terms of size and physical
16 condition; and
17 WHEREAS, by resolutions adopted on August 20, 1996, December
18 16, 1997, and January 20, 1998, the City of Virginia Beach
19 Development Authority (the Authority) agreed to undertake the
20 acquisition and permanent financing of the Project and, in
21 accordance with such plan of finance, to lease the Project to the
22 City pursuant to the provisions of a deed of lease (the Lease)
23 between the Authority, as lessor, and the City as lessee; and
24 WHEREAS, the Project is expected to be completed and ready for
25 occupancy on or about March 1, 1998; and
26 WHEREAS, representatives of the City and the Authority have
27 advised that the permanent financing of the Project should now be
28 undertaken by the issuance of the Authority's lease revenue bonds
29 (the Bonds), such Bonds to be issued pursuant to an Indenture of
30 Trust (the Indenture) to be dated as of February 1, 1998, between
31 the Authority and First Union National Bank, as Trustee, and such
32 Bonds to be payable from certain receipts derived by the Authority
33 under the Lease, such receipts and the Lease being assigned to the
34 Trustee pursuant to the Indenture and an Assignment of Leases and
35 Rents (the Assignment) to be dated as of February 1, 1998, between
36 the Authority and the Trustee; and
37 WHEREAS, in order to implement the above plan of finance, it
38 is necessary that the Project and the :and on which the Project is
3 9 located (the Land) be sold by the City to the Authority at a
40 purchase price satisfactory to the City and the Authority and
41 subsequently leased by the City from the Authority pursuant to the
42 Lease, all in accordance with a Coordination Agreement
43 substantially in the form attached hereto (the Coordination
44 Agreement), and
45 WHEREAS, a public hearing has been held in accordance with law
46 on the date of this ordinance with respect to the conveyance of the
47 Land and the Project (collectively hereinafter referred to as the
48 Facility) to the Authority; and
49 WHEREAS, the Council finds that the Social Services Department
50 is an essential component of the City's governmental function, and
51 the sale of the Facility by the City to the Authority and its
S2 subsequent lease by the City from the Authority will enhance such
53 governmental function.
54 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
55 OF VIRGINIA BEACH
56 1. The sale of the Facility to the Authority for a
57 purchase price of not more than the original principal amount of
58 the Bonds is hereby approved and the City Manager, or his designee,
59 and the City Clerk are hereby authorized and directed to execute
60 the Coordination Agreement and an appropriate special warranty deed
61 (the Deed) with respect to the Facility and subject to the review
62 and approval of the Deed by the City Attorney and receipt of the
63 purchase price for the Facility, to deliver the Deed to the
64 Authority.
65 2 . The City Manager, or his designee, and the City
66 Clerk are hereby authorized and directed to execute the Lease and,
67 upon approval of the form and substance of the Lease by the City
68 Attorney, to deliver the Lease to the Authority. The Lease shall
69 be in substantially the form attached hereto with such changes
70 therein as may be approved by the City Attorney the execution and
71 delivery of the Lease by the City Manager or his designee, being
72 conclusive evidence of the City Attorney's approval of the form and
73 substance of the Lease.
74 3 . The issuance of the Bonds to finance the purchase of
75 the Facility, to fund any required debt service reserve fund and
76 repair and replacement fund, and to pay the cost of issuance and
77 other related costs related to the execution and delivery of the
78 Bonds, subject to the limitations set forth below, are hereby
79 approved. The Bonds shall be sold at public sale and the City
80 Manager is hereby authorized to approve- the terms of the Bonds and
81 to agree to the award of the Bonds to the winning bidder so long as
82 the aggregate principal amount of trie Bonds does not exceed
83 $11,000,000, the net interest cost of the Bonds, taking into
84 account any applicable original issue discount or premium, does not
85 exceed six percent (6%) per annum, the final maturity of the Bonds
86 does not exceed twenty-five (25) years and the terms and conditions
87 of the Indenture, the Assignment and any agreements or commitments
88 with any municipal bond insurer providing a policy of insurance
89 with respect to payment of the Bonds are in form and substance
90 satisfactory to the City Manager or his designee.
91 4. The City Manager, upon advice of the City Attorney,
92 is hereby authorized and directed to approve the Preliminary
93 Official Statement and final Official Statement with respect to the
94 Bonds. The City Manager is hereby further authorized, upon advice
9 5 of the City Attorney, to execute and deliver a final official
96 Statement and continuing disclosure agreement or similar agreement
97 with respect to the Bonds as required by Rule 15c2-12 of the
98 Securities and Exchange Commission.
99 5. All costs and expenses incurred by the City in
100 connection with the financing of the Facility and the issuance of
101 the Bonds shall be paid from the proceeds of the Bonds or from
102 funds of the City pursuant to the Coordination Agreement. If for
103 any reason the Bonds are not issued, it is understood that all such
I 0 4 expenses shall be paid by the City and that the Authority shall
105 have no responsibility therefor.
106 6. All other acts of the officers of the City which are
107 in conformity with the purposes and intent of this ordinance and in
1 0 8 furtherance of the sale of the Facility to the Authority, the
109 execution and delivery of the Coordination Agreement, the Deed and
110 the Lease, and the issuance and sale of the Bonds, subject to the
ill limitations set forth herein, are hereby approved and confirmed.
112 7. The Bonds, the premium, if any, and the interest
113 thereon and the City's payment obligations under the Lease shall
114 not be deemed to constitute a debt or a pledge of the faith and
115 credit of the Commonwealth of Virginia or the City. Neither the
116 Commonwealth of Virginia nor the City shall be obligated to pay the
117 principal of, premium, if any or interest on the Bonds or other
118 costs incident thereto except from the revenues and receipts
119 pledged therefor by the Authority under the Indenture, and neither
120 the faith and credit nor the taxing power of the Commonwealth of
121 Virginia or the City is pledged to the payment of the principal of,
122 premium, if any, or interest on the Bonds or other costs incident
123 thereto. The City's payment obligations under the Lease shall not
124 constitute a debt of the City within the meaning of the
L25 Constitution and statutes of the Commonwealth of Virginia,
L26 including the City Charter, and all such Lease payment obligations
127 shall be payable only to the extent that funds therefor shall have
128 been appropriated and budgeted in any fiscal year of the City, such
129 appropriation and budgeting being within, the sole and absolute
130 discretion of the City Council.
131 8. This ordinance shall take effect immediately upon
132 its adoption.
133 Adopted by the Council of the City of Virginia
134 Beach, Virginia on the 27 day of January, 1998.
135 Note: Pursuant to V.C-A. §15-2-2100, a recorded affirmative vote
136 of three-fourths of all the members elected to Council is required.
137 CA-6892
138 NONCODE\CA-6892.ORl
139 R-1
140 PREPARED: January 13, 1998
APPROVED AS TO CONTENTS
SIGNATURE
Department of Finance
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
CITY ATTORNEY
COORDINATION AGREEMENT
SOCIAL SERVICES BUILDING
THIS COORDINATION AGREEMENT (the Coordination Agreement") is entered into
as of the __ day of , 199 , by and between the CITY OF VIRGINIA
BEACH, a municipal corporation of the Commonwealth of Virginia (the "City"), and the CITY OF
VIRGINIA BEACH DEVELOPMENT' AUTHORITY, a political subdivision of the
Commonwealth of Virginia (the "VBDA")
R E C I T A L S:
WHEREAS, subject to the execution and delivery of this Agreement by the City, the VBDA
is willing to enter into certain contractual arrangements with the City for the purchase by the VBDA
of certain property described in Exhibit A attached hereto from the City on which an office building
containing approximately 75,000 square feet of gross floor area (the "Property") is being
constructed, to be financed by the issuance and sale of lease revenue bonds (the "Bonds") issued by
the VBDA and for the lease of the property to the City in accordance with the provisions of the
Lease substantially in the form attached hereto as Exhibit B (the "Lease").
WHEREAS, as an inducement to the VBDA to enter into this Agreement and the Lease, the
City is willing to sell the property to the VBDA and, subject to appropriation by City Council, to
lease the Property from the VBDA pursuant to the Lease; and
WHEREAS, the parties desire to enter into this Agreement for the purpose of coordinating
their respective rights and obligations with respect to the sale and lease of the Property.
AGREEMENTS
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained
herein, the parties hereto agree as follows:
ARTICLE I.
DEFINITIONS
Unless the context otherwise requires, the capitalized terms used herein shall have the
following specified meanings:
(a) "Closing Date" shall mean the date of issuance of the Bonds which is expected to
occur on February 17, 1998.
(b) "Resolution" shall mean the resolutions adopted December 16, 1997, and January 20,
1998, by the VBDA, copies of which are attached hereto as Exhibits C-1 and C-2 respectively.
ARTICLE II.
CITY'S UNDERTAKINGS
2.1 Sale of Property. On or before the Closing Date, the City shall sell the Property to
the VBDA for the purchase price of $ , and shall transfer the Property to the
VBDA by Special Warranty Deed.
2.2 Lease. The City agrees to lease the Property from the VBDA on terms substantially
in accordance with the Lease, and further agrees that the VBDA's interest in the Lease may be
pledged as security for the Bonds.
2.3 Funding for City's Obligations as Tenant. Subject to appropriation by City Council,
the City agrees to make the payments due under the Lease in a timely fashion to enable the VBDA
to perform its obligations under the Bonds.
2.4 Execution of Bond Documents. The City agrees to cooperate with the VBDA in
executing all documents related to the issuance of the Bonds if required by the VBDA's bond
counsel.
2.5 Expenses Related to Financing. All costs and expenses incurred by the City in
connection with the financing of the Property and the issuance of the Bonds shall be paid from the
proceeds of the Bonds or from other funds appropriated therefor by City Council. If for any reason
the Bonds are not issued, all such expenses shall be paid by the City from funds appropriated
therefore.
ARTICLE III.
VBDA'S UNDERTAKINGS
3.1 Bonds. The VBDA shall issue the Bonds which shall be sold in accordance with the
provisions of the Resolution.
3.2 Purchase of Property. From the proceeds of the issuance and sale of the Bonds, the
VBDA shall purchase from the City the Property for the purchase price of $__
3.3 Lease. The VBDA agrees to lease the Property to the City on terms substantially in
accordance with the Lease.
3.4 No Liens etc. Except as expressly permitted by this Agreement or the Lease, or as
required in connection with the issuance of the Bonds, the VBDA shall not grant or suffer to exist
any lien on or security interest in or otherwise encumber the VBDA's right, title and interest in and
to the Property, the Lease or any payments due under the Lease without, in each instance, the City's
prior written consent, which may be withheld in its sole discretion.
ARTICLE IV
PURCHASE AND FIRST OFFER RIGHTS
4.1 Purchase Option. In the event reimbursement funding by the Commonwealth of
Virginia or the Federal Government ceases to be adequate for the City to meet its obligations under
the Lease, the City shall have the right to purchase the Properyt for an amount equal to fair market
value as determined by appraisal satisfactory to the City and the VBDA.
4.2 First Offer. In the event the VBDA elects to sell or lease the Property, the VBDA
shall first offer to sell the Property to the City for an amount equal to fair market value as determined
by appraisal satisfactory to the City and the VBDA. Following such offer, the City shall have ninety
(90) days to purchase the Property, or if the City elects not to do so, the VBDA shall be free to then
sell the Property to any third party subject, however, to the Lease.
ARTICLE V
MISCELLANEOUS PROVISIONS
5.1 Notices.
(a) Unless otherwise provided in this Agreement, all notices, demands or
requests from one party to another may be personally delivered or sent by
mail, certified or registered, return receipt requested, postage prepaid to the
addresses below, and shall be deemed to have been given at the time of
personal delivery or at the time of receipt.
(b) All notices, demands or requests from the City to the VBDA shall be given
to the VBDA at:
One Columbus Center, Suite 300
Virginia Beach, Virginia 23462
Attention: Chairman
With a Copy to
Director of Economic Development
One Columbus Center, Suite 300
Virginia Beach, Virginia 23462
(c) All notices, demands or requests from the VBDA to the City shall be given
to the City at:
Municipal Center
Virginia Beach, Virginia 23456
Attention: City Manager
(d) Either party may change its address for notices from time to time by giving
notice of its new address to the other party pursuant to this Section 5.1.
5.2 Assignment. Neither the City nor the VBDA shall have the right to assign or transfer
its respective rights, liabilities and obligations under this Agreement to any person without the prior
written consent of the other party. Subject to the foregoing, this Agreement shall be binding upon,
more to the benefit of and be enforceable by the City and the VBDA and their respective successors
and permitted assigns.
5.3 No Third Part Beneficiaries. No person shall be a third party beneficiary of this
Agreement.
5.4 Entire Agreemet; Amendments. This Agreement constitutes the entire
understanding between the parties with respect to the Subject matter hereof and supersedes all prior
negotiations, representations, statements or agreement, whether written or oral, between the parties
hereto. This Agreement may be amended only by a written agreement executed and delivered by
each party hereto.
5.5 Relevant Law. This Agreement shall be governed by Virginia law. All actions
relating to this Agreement shall be instituted and litigated in state or federal courts sitting in Virginia.
5.6 Partial Invalidity. If any term or provision of this Agreement or the application
thereof to any person or circumstance shall to any extent be held invalid or unenforceable by a court
of competent jurisdiction, the other provisions of this Agreement, or the application of such
provisions to persons or circumstances other than those to which it is held invalid or unenforceable,
shall not be affected thereby, and each provision of this Agreement shall be valid and be enforced
to the fullest extent permitted by law.
5.7 Counterparts. This Agreement may be executed in any number of counterparts and
all such counterparts together shall constitute but one and the same agreement.
IN WITNESS WHEREOF, this Agreement has been executed on behalf of the VBDA and
the City by their respective duly authorized representatives.
CITY OF VIRGINIA BEACH CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
By: Bv
City Manager/Designec ('hair/Vice Chair
(i \DATA\FORMS\LEASES\SOCIALSI- BI (i@( OORI)IN VI<
EXHIBIT A
ALL THAT certain lot of land, together with the buildings and
improvements thereon and all appurtenances thereunto belonging,
situate in the City of Virginia Beach, Virginia, known and
designated as "LOT A 5.928 Acres" on that certain plat entitled
'SUBDIVISION OF SHOPPING AREA 'MALIBU'
LYNNHAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA",
made by John E. Sirine and Associates, Surveyors and Engineers,
dated March, 1976, as revised March 24, 1976, and April 9, 1976,
which plat is duly recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, in Map Book 114,
at page 11.
IT BEING the same property conveyed to the City of Virginia
Beach from S and C Co., a general partnership, by deed dated
April 9, 1976, duly recorded in the aforesaid Clerk's Office in
Deed Book 1561, at page 562.
TOGETHER WITH the following nonexclusive easements, which
easements shall be appurtenant, and shall run with the title, to the
property described above:
1. A nonexclusive easement, right and privilege to use all
parking facilities now or hereafter constructed on each of those
two certain strips of land (hereinafter collectively referred to as the
"Parking Easement Strips") designated on the aforesaid plat as
"50' NONEXCLUSIVE PARKING EASEMENT";
11. A non-exclusive easement, right and privilege to use that
certain strip of land designated on the aforesaid plat as "38'
NONEXCLUSIVE ACCESS EASEMENT" for ingress, egress
and regress to and from (i) that portion of Lot A situated south of
the southern wall of the building constructed thereon and that
portion of Lot A situated north of the northern wall of said
building constructed thereon, (ii) the Parking Easement Strips
(referred to in paragraph I above), and (iii) Lot A and the Ingress-
Egress Easement Strip (as defined and described in paragraph III
below);
III A nonexclusive easement, right and privilege to use the
strip of land (hereinabove referred to as the "Ingress-Egress
Easement Strip") for ingress, egress and regress to and from Lot
A and Little Neck Road (formerly North Plaza Trail) designated
as "30' Non-Exclusive Ingress/Egress Easement to be dedicated to
the City of Virginia Beach" and more particularly described in,
and shown on the plat attached to, that certain Deed of Dedication
and Vacation dated March 27, 1985, by and among S and H
Company, a Virginia general partnership, et al, duly recorded in
the aforesaid Clerk's Office in Deed Book 2406, at page 1127.
IV All other recorded easements for drainage, utilities and/or
access as originally established or conveyed, as same may have
been modified or relocated, which are appurtenant to the property
described above.
G:\DATA\FORMS\DEEI)S\WORKIN(-,\I)F383) DES
SOCIAL SERVICES BUILDING
DEED OF LEASE
THIS DEED OF LEASE (this "Lease") is made as of the 1st day of February, 1998,
by and between the CITY of VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political
subdivision of the Commonwealth of Virginia ("Landlord"), and the CITY OF VIRGINIA BEACH,
a municipal corporation of the Commonwealth of Virginia ("Tenant")
WITNESSETH:
A. PREMISES: Landlord does hereby lease to Tenant and Tenant does hereby
lease from Landlord, the premises described on Exhibit A attached hereto, together with all buildings
and improvements thereon, located in the City of Virginia Beach (the "Premises"), with the office
building located on the Premises (the "Office Building") containing approximately 75,000 square
feet of gross floor area and having a street address of 3432 Virginia Beach Boulevard, Virginia
Beach, Virginia 23452. All references herein to the Premises shall be construed to include the Office
Building.
B. USE CLAUSE: The Premises shall be used solely for governmental purposes
including, but not limited to, a Social Services Building for the provision of services to the public
by Tenant's Social Services Department.
C. LEASE TERM: The lease term (the "Term") shall be twenty (20) Lease
Years plus the balance of any partial month, if any, for the month during which the Premises are
delivered to Tenant, commencing on the Commencement Date. The "Commencement Date" shall
be the date which is: (a) thirty (30) days after Landlord notifies Tenant in writing that the Office
Building is ready for fixturing, or (b) the date that the Tenant opens the Office Building for business,
whichever (a) or (b) is sooner, and the Term shall terminate on last day of the twentieth (20th) Lease
Year (the "Termination Date").
D. LEASE YEAR DEFINITION AND OTHER DEFINITIONS: The first
"Lease Year" shall commence on the first full month of the Term, and include part of the previous
month, if applicable, and shall end at the close of the twelfth (12th) full calendar month following
the Commencement Date. Thereafter, each Lease Year shall consist of successive periods of twelve
(12) calendar months. If the Commencement Date is not on the first day of a calendar month, Rent
for the period between the Commencement Date and the first day of the following month shall be
apportioned on a per them basis per specific month at the rate provided in Paragraph E and shall be
payable on the Commencement Date.
The following words and terms as used in this Lease shall have the following meanings
unless a different meaning clearly appears from the context:
"Additional Rent" shall mean that portion of the Rent constituting the Reserve
(hereinafter defined) plus an amount equal to one-eighth of one percent of the outstanding principal
balance of the Bonds on each December 1, one half of such amount being payable in advance, semi-
annually, on each May 1 and November 1 beginning May 1, 1998, plus the fees and expenses of the
Trustee in performing its duties under this Lease, the Indenture and the Assignment plus any
"Rebatable Arbitrage" as defined in the Indenture.
"Assignment" shall mean the Assignment of Leases and Rents dated as of
February 1, 1998, between the Landlord and the Trustee, pursuant to which this Lease and all other
leases of all of any portion of the Premises and the rents thereunder (other than Additional Rent) are
assigned to the Trustee as additional security for the Bonds
"Basic Rent" shall mean the payments required by Section 502 of the Indenture for
deposit into the Bond Fund (as defined in and established by the Indenture) and constituting amounts
sufficient to pay the principal of, and premium, if any, and interest on the Bonds when due in
accordance with the provisions of the Bonds
"Bonds" shall mean the lease revenue bonds of the Landlord issued pursuant to the
Indenture and designated "Lease Revenue Bonds (Social Services Facility) Series 1998."
"Indenture" shall mean that certain Indenture of Trust dated as of February 1, 1998,
between the Landlord and First Union National Bank, Trustee, pursuant to which the Bonds are
authorized to be issued, including any Indenture supplemental thereto as therein permitted.
E. RENT:
Tenant agrees to pay Landlord as rent for the Premises ("Rent") on each May 1 and
November 1, beginning May 1, 1998, the sum of Basic Rent and Additional Rent due and payable
hereunder. Each semi-annual installment shall be due and payable without demand therefore being
made and without offset of any kind at the office of and made payable to Landlord at the address
listed below, or at such other place and to such other payee as Landlord may, from time to time,
designate in writing or as may be required by the Indenture. A portion of the Additional Rent equal
to $50,000 per semi-annual installment of Rent, or such other amount as may be agreed upon from
time to time by Landlord and Tenant as hereinafter provided (the "Reserve"), shall be placed by
Landlord in an account maintained by Landlord and hereby established (the "Reserve Account") for
use as set forth in Paragraph E(4) below. Notwithstanding the above provisions of this Paragraph
E(1), that portion of Additional Rent constituting the fees and expenses of the Trustee and
"Rebatable Arbitrage" as defined in the Indenture shall be due and payable in accordance with the
provisions of the Indenture.
2. Basic Rent shall be payable as follows:
(a) On each May 1, beginning May 1, 1998, the amount of interest due on the
Bonds on the next interest payment date established by the Indenture; and
(b) On each November 1, beginning November 1, 1998, the amount of principal
and interest due and payable on the Bonds on the next principal and interest payment date
established by the Indenture.
The above subparagraphs notwithstanding, Basic Rent shall be due and payable in amounts sufficient
to pay the principal of, and premium, if any, and interest on the Bonds when due in accordance with
the provisions of the Bonds.
3 . Funds deposited in the Reserve Account shall be held by Landlord for the benefit of Tenant
and shall be invested only in investments which are at the time legal investments for public funds
under Section 2.1-328, et seq, of the Code of Virginia of 1950, as amended, or other provision of law
applicable to such investments. With the mutual consent of Landlord and Tenant, the portion of
Additional Rent allocable to the Reserve may be adjusted every five (5) years during the Term or
every four (4) years during any extension thereof to provide adequate funds in the Reserve Account
to be expended for the purposes set forth in Paragraph E (4) below. All earnings on the Reserve
Account shall be accumulated and held in the account for use as set forth in Paragraph E (4) below.
Any shortfall in the Reserve Account shall be the sole responsibility of Tenant and shall be paid as
Additional Rent.
4. The Reserve shall be used as needed from time to time for capital and structural
improvements, maintenance and repair of the Premises and for refurbishment of the Office Building
(including, but not limited to, carpet and floor covering replacement, re-tiling and repainting),
F. OPTIONS TO RENEW: Tenant shall have three (3) successive options
to renew this Lease for periods of four (4) years each ("Renewal Term") commencing at the end of
the initial Term. Such options shall be exercised by Tenant giving Landlord notice of the exercise
of such option at least six (6) months prior to the expiration of the initial Term or any subsequent
Renewal Term. Each Renewal Term shall be on the same terms and conditions as set forth herein,
except that the Rent shall be adjusted to a fair market rate acceptable to both Tenant and Landlord
taking into account market conditions, condition of the Premises and other commercially reasonable
considerations. In the event Tenant and Landlord have not agreed upon such fair market rate for the
Rent for any Renewal Term within sixty (60) days after notice of the exercise of the renewal option
has been given, the provisions of Paragraph G shall apply. Anything in the foregoing to the contrary
notwithstanding, so long as the Bonds are outstanding, there shall be no adjustment to Basic Rent.
G. AUTOMATIC RENEWAL: Unless otherwise renewed or terminated as
herein provided, at the end of the initial Term, this Lease shall automatically renew and continue in
full force and effect from year-to-year to and including the thirty-second (32nd) Lease Year at the
same annual rental for the preceding year, and due and payable in the same fashion as provided in
Paragraph E. Such year-to-year renewal shall continue to renew automatically unless this Lease is
terminated as provided herein.
H. ADDITIONAL CHARGES: In Addition to the Rent, Tenant shall pay the
following "Additional Charges")
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1. All real estate taxes, if any, assessed against the Premises or its leasehold interest hereunder.
The same include, but are not limited to, real estate taxes, ad valorem taxes and assessments, taxes
on real estate and rental receipts, or any other taxes imposed upon or levied against the Premises or
upon the owners of same as such, or payments made to local authorities by Landlord in lieu of any
such taxes or assessments allocable to the Premises. The same are all collectively referred to herein
as "Taxes."
2. All charges when due for water and sewage, gas and electricity and other utility charges and
utility taxes in connection with the use of the Premises.
3. The cost of all insurance policies required by Paragraph 1 below.
4. The cost of janitorial services, trash removal, sanitary control, pest control, safety and
security services, landscape services, snow removal and all other operational costs related to the
Premises, all of which shall be the responsibility of Tenant.
I. INSURANCE: Tenant shall obtain and keep in force during the Term, and
any Renewal Term, a policy or policies of insurance, covering loss or damage to the Office Building,
in an amount not less than eighty percent (80%) of the replacement costs thereof, providing
protection against all perils included within the classifications of fire, extended coverage, vandalism,
malicious mischief, special extended perils (all risks), together with public liability insurance with
established limits of coverage deemed appropriate by Landlord for personal injury or injuries.
Anything in the foregoing to the contrary notwithstanding, Landlord acknowledges that Tenant may
satisfy the public liability insurance requirements through any program of self-insurance which it
may establish or in which it may participate. All such policies shall name Landlord and the Trustee
as additional insureds and/or co-payees, as appropriate, as their interests may appear.
J. NO ASSIGNMENT OR SUBLEASE: Tenant covenants not to assign,
mortgage or encumber this Lease nor sublet or suffer or permit the Premises or any portion thereof
to be used by others without the prior written consent of the Landlord in each instance. If this Lease
is assigned, or if the Premises or any part thereof is sublet or occupied by anyone other than the
Tenant, without the prior written consent of the Landlord and the Trustee, the Landlord and the
Trustee are permitted to collect Rent from the assignee, subtenant or occupant and apply the net
amount collected to all Rent herein due and reserved, but the application of such Rent shall not be
regarded as implied or written consent to any assignment or sublease. Collection of Rent shall not
be deemed a waiver of the covenants contained in this Section. The acceptance of the assignee,
subtenant or occupant as Tenant does not constitute a release of the performance of the covenants
required to be performed by Tenant. Landlord and Tenant agree that this Lease and the Basic Rent
due hereunder may be assigned by Landlord lo the Trustee as security for the repayment by Landlord
of the Bonds.
K. OPERATIONS: As a material inducement to the Landlord to enter into this
Lease, Tenant agrees to open in the Office Building for business on the Commencement Date and
to keep the Office Building open for business thereafter. Tenant shall use the Office Building for
the purposes stated in Paragraph B during the Term, carrying on therein Tenant's governmental
purposes and functions diligently. Tenant shall keep the Office Building open and available for
therein, during such days and hours as are customary except when prevented by fire, casualty or
other causes beyond the Tenant's control.
L. ACCEPTANCE OF PREMISES: Tenant hereby agrees to accept the
Premises from the Landlord as they are found by Tenant on the date that Tenant takes possession
for fixturing in "what is, as is and where is" condition, unless the Premises condition found "as is"
is to be modified, altered or changed by Landlord, per Tenant's request and reduced to writing and
made part of this Lease. After Tenant uses the Premises and/or opens for business in the Premises,
it shall have no legal or equitable remedy based either upon a claim that Landlord failed to deliver
possession in accordance with this Lease or based on a claim that the size, location, lay-out
dimensions or construction of the Office Building were not completed and/or furnished in
accordance with the terms of this Lease.
M. ESTOPPEL CERTIFICATE: Tenant shall, from time to time and within
twenty (20) days after request therefore by Landlord, execute, acknowledge and deliver to Landlord
a written Estoppel Certificate in recordable form. The Estoppel Certificate shall certify to Landlord,
its mortgagee or other party designated by Landlord, as of the date of such Estoppel Certificate, that
(a) Tenant is in possession of and is currently paying the Rent and Additional Charges reserved
hereunder; (b) the following Lease dates are and have been established: the Commencement Date,
the Termination Date and that date upon which the Tenant started to pay rent; (c) this Lease is
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unmodified and in full force and effect, or if there have been modifications, that the same are in full
force and effect as modified and setting forth such modifications; (d) there are no existing set-offs
or defenses against the enforcement of any rights or remedies of the Landlord, or any duty or
obligation of Tenant, hereunder, or if so, specifying the same in detail; (e) Tenant has no knowledge
of any event having occurred that will authorize the termination of this Lease by Tenant; and (f)
Tenant has no knowledge of any uncured defaults on the part of Landlord under this Lease, or if
Tenant has such knowledge, specifying the same in detail.
N. SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT:
Tenant agrees that this Lease is subordinate to any mortgage or lien resulting from financing or
refinancing, now or hereafter placed upon the Premises by Landlord; provided Tenant shall first have
executed a Subordination, Non-Disturbance and Attornment Agreement acceptable to Tenant in
which (a) the beneficiary of such mortgage or lien agrees that so long as Tenant is not in default
under this Lease, Tenant's possession and quiet enjoyment of the Premises will not be disturbed upon
a foreclosure or deed-in-lieu thereof, (b) Tenant agrees to attorn to and acknowledge the foreclosure
purchaser or purchasers as Landlord hereunder and (e) the beneficiary of such mortgage or lien
agrees that prior to taking any action to effect a foreclosure sale or accept a deed in lieu of
foreclosure following a default by Landlord, such beneficiary shall give Tenant written notice of its
intention to do so, following which Tenant shall have the right to cure such default within thirty (30)
days and the additional right to acquire from such beneficiary the obligation secured by such
mortgage or lien upon payment to such beneficiary, within forty-five (45) days after such notice,
of all amounts then owing to such beneficiary under such obligation and/or all other documents
evidencing and/or securing such obligation, excluding any loan transfer fee, prepayment premium
and default interest which may be payable to such beneficiary. Upon the request of any party in
interest, Tenant shall promptly execute such instrument oi certificate to carry out the intent hereof.
O. QUIET ENJOYMENT: Landlord hereby covenants that Tenant, upon fully
complying with and promptly performing all the terms, covenants and conditions of this Lease, on
its part to be performed, and further, upon the prompt and timely payment of all Rent due hereunder,
shall lawfully and quietly hold, occupy and enjoy peaceful possession and use of the Premises for
the Term and any Renewal Term.
P. MAINTENANCE: Tenant covenants that it will, at its own cost and expense
and with reasonable dispatch after becoming aware of the need therefore, maintain, repair and/or
replace all improvements on the Premises, including, but not limited to, the foundation, roof, gutters,
down spouts, outside walls, sprinkler system, elevators, parking lots, lighting and striping, the
heating, ventilating and air conditioning system (the "HVAC System") (including compressors and
other major components), toilets, pipes, plumbing, wires and conduits, electric lines, electric panel
box, glass, doors, and fixtures, keeping same in good condition and repair and making such
replacements as may be necessary from time to time. Tenant understands and agrees that it is also
responsible for any condensation in and/or around the HVAC system and its duct work. It is hereby
understood that Landlord shall have no liability whatsoever for any maintenance, repairs, or
replacements, nor for damage or injury to person or property, including inventory, fixtures, ceiling
tiles, lighting fixtures, carpet, wallpaper and paint that results from leaks caused by any defect in the
Premises, including, without limitation, the roof, outside walls, gutters and/or down spouts, HVAC
System duct work, sewer back-up, sprinkler defects and/or freezing.
Q. LANDLORD AND TENANT TAX COVENANTS
1. PREMISES FINANCED WITH TAX-EXEMPT OBLIGATIONS: Landlord and Tenant
acknowledge that the Premises were permanently financed with the proceeds of the Landlord's
$ Lease Revenue Bonds (Social Services Facility) Series 1998 (the "Bonds") issued,
executed and delivered by Landlord. In order to prevent the Bonds from becoming "Private Activity
Bonds" within the meaning of the Internal Revenue Code of 1986, as amended (the "Code"),
Landlord and Tenant hereby agree that the Premises shall be used solely for governmental purposes
including, but not limited to, Tenant's Social Services Building for the provision of services to the
public by Tenant's Social Services Department, at all times while the Bonds are outstanding and at
all times during the term of this Lease.
2. ARBITRAGE COVENANTS: Landlord and Tenant (to the extent such is within the
knowledge and control of either party) shall not take or approve any action, investment or use of the
proceeds of the Bonds which would cause the Bonds to be "Arbitrage Bonds" within the meaning
of the Code and the Treasury regulations thereunder. Barring unforeseen circumstances, Landlord
shall not request or approve the use of the proceeds of the Bonds other than in accordance with the
Landlord's non-arbitrage certificate delivered at the time of the initial issuance of the Bonds.
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3. ARBITRAGE AND REBATE: Landlord hereby covenants with, and certifies to, and for the
benefit of the registered owners of the Bonds and Tenant, that so long as the Bonds remain
outstanding, monies on deposit in any fund or account established, maintained or permitted to be
established or maintained under any of the financing documents executed and delivered with respect
to the Bonds, whether or not such monies were derived from the proceeds of the sale of the Bonds
or from any other source, will not be used or invested in a manner which will cause the Bonds to be
classified as Arbitrage Bonds within the meaning of Section 148 (a) of the Code. Landlord and
Tenant obligate themselves to comply with the requirements of Section 148 of the Code and any
regulations promulgated thereunder or relating thereto (such Section 148 and such regulations being
hereinafter referred to as the "Arbitrage Rules"). Without limiting the generality of the foregoing
covenant relating to arbitrage, unless otherwise advised in writing by Bond Counsel (hereinafter
defined), Tenant agrees to cause to be prepared by an independent certified public accountant or
other expert in tax arbitrage matters reasonably acceptable to the Trustee a statement or report as to
the amount of "rebatable arbitrage" with respect to the Bonds computed in accordance with and at
all times required by the Arbitrage Rules (hereinafter, a "Rebate Statement") and to promptly fumish
the same to the Trustee. Tenant shall pay to the Internal Revenue Service all amounts shown on any
Rebate Statement as payable thereto at the times and in the manner required by the Arbitrage Rules.
Tenant shall retain records with regard to each Rebate Statement for a period of six (6) years
following payment in full of the Bonds. Nothing herein contained shall be interpreted or construed
to require Landlord to calculate or to pay any amounts shown on any Rebate Statement, the same
being the sole and exclusive responsibility and obligation of Tenant
4. USE OF BOND PROCEEDS: Landlord and Tenant shall not cause any proceeds of the
Bonds to be expended except pursuant to the financing documents governing the issuance of the
Bonds.
5. AVERAGE MATURITY AND ECONOMIC LIFE: Landlord hereby represents that the
weighted average maturity of the Bonds does not exceed 120% of the reasonably expected economic
life of the Office Building.
6. USE BY UNITED STATES OR ITS AGENCIES: Neither Landlord nor Tenant shall permit
the Premises to be used or occupied, other than as a member of the general public, in any manner
for compensation by the United States or any agency or instrumentality thereof, including any entity
with statutory authority to borrow from the United States unless Landlord and Tenant shall receive
an opinion of counsel issued by a firm of attorneys nationally recognized on the subject of tax-
exempt obligations ("Bond Counsel") to the effect that such use will not impair the exemption of
interest of the Bonds from federal income taxation.
7. ACTIONS JEOPARDIZING TAX-EXEMPT STATUS OF BONDS: Landlord and Tenant
agree that neither shall take any action under this Lease or otherwise which would cause the loss of
exemption of interest on the Bonds from federal income taxation. Landlord and Tenant covenant
that each shall file or cause to be filed any reports or statements or take any other action as may be
required from time to time with respect to the qualification of the Bonds as "governmental
obligations" under the Code. Landlord and Tenant hereby represent and warrant that they have been
informed of the purpose and scope of the sections of the Code relating to "governmental bonds" and
"Arbitrage Bonds" and the representations and covenants made herein and in all other documents,
instruments and certificates executed and delivered in connection with the issuance of the Bonds
may be relied upon by the Trustee in its execution and delivery of such documents, instruments and
certificates and by Bond Counsel, as defined in such documents and giving the opinions required
by such documents.
R. ADDITIONAL TENANT COVENANTS:
1. ALTERATIONS: Tenant shall not make alterations, additions or improvements to the
structural components of the Office Building without first obtaining Landlord's written approval and
consent. For purposes of this Lease, the structural components of the Office Building are hereby
defined as the foundation, structural steel, roof and exterior walls. Tenant shall present to Landlord
plans and specifications for any such work at the time approval is sought from Landlord for Tenant
structural modifications.
2. FIXTURES: Tenant has the right to install its office fixtures in the Office Building, provided
that such installation does not damage the construction or structural integrity of nor interfere with
the structural components of the Office Building. Such installations shall be at the sole risk and at
the expense of Tenant. All fixtures installed by Tenant shall remain the property of Tenant, and
provided Tenant is not in default hereunder, the same fixtures may be removed by Tenant at the
expense of Tenant at the end of the Term or any extension thereof. Tenant further agrees to repair
and/or to reimburse Landlord for the cost of repair for any damage to the Office Building caused by
the installation and removal of its office fixtures. In the event that fixtures are left behind or
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abandoned, Tenant shall pay to Landlord any expenses associated with repairs to the Office Building
caused by the removal of same fixtures.
3. SIGNS: Design of signage and fabrication and installation of the same shall be at Tenant's
expense. Tenant further agrees to maintain such signage, awning signs, canopy signs, window
lettering, door signs or additional similar signs in a good condition of repair and attractive display
at all times. Signs installed by Tenant are the property of Tenant, and if Tenant is not in default
hereunder, may also be removed by Tenant at the expense of Tenant at the end of the Term or any
extension thereof. Signs that are left behind or abandoned become the property of Landlord. If
Tenant abandons any sign upon earlier termination of the Lease, Landlord shall have the right to
remove the sign from the Premises, and Tenant agrees to be responsible and liable for the cost of
such removal and the cost of any repairs occasioned by such removal.
4. COMPLIANCE WITH LAWS: Tenant will not use nor permit the Premises to be used for
any illegal or immoral purpose. Tenant hereby agrees to comply with all Federal, State and
Municipal laws, ordinances and regulations as they relate to the Premises and Tenant's use thereof,
including the use, storage and disposal of hazardous substances
5- NUISANCE: Tenant agrees to contain within the Premises any and all noise, music, or odors
and/or aromas, to the extent that no nuisance will be created
6. TRASH REMOVAL: Tenant shall store all trash, rubbish and garbage in fully closed
containers at the location on the Premises provided therefor by Landlord, and Tenant shall pay all
costs incidental to the removal thereof. Tenant shall not burn or otherwise dispose of any trash,
waste, rubbish or garbage on or about the Premises. Any expenses incurred by Landlord related to
the removal of the same shall be reimbursed by Tenant
7. INFESTATION: Tenant covenants that it will, at its own expense, take such steps as shall
be necessary to keep the Premises free of termites, rodents, insects and other pests and that it will
save Landlord harmless from any damage caused thereby. This obligation shall extend to any
neighboring property should Tenant's use of the Premises be of a nature that likely will cause the
same problems in the neighboring property. Any expense incurred by Landlord in the removal or
extermination of the same shall be reimbursed to Landlord by Tennant.
8. INSURANCE CANCELLATION: Tenant shall not make any use of the Premises which
would make voidable or void any policy of fire or extended coverage insurance covering the Office
Building or cause the Office Building to become uninsurable. Tenant hereby covenants that it shall
cease and desist any activity so affecting the insurability of the Office Building upon written demand
of Landlord.
9. ADVERTISING/LOUDSPEAKERS: Tenant will not use nor permit to be used any external
advertising medium or device such as audio broadcast, loudspeaker, radio, public address system,
remote radio station, or flashing or digital reader sign, without the prior written consent of Landlord.
10. ACCIDENTS: Tenant shall notify Landlord in writing of all accidents or security-related
incidents, i.e. crimes against person(s) and property, of which Tenant is aware, which occur in or on
the Premises.
11. ANTENNAE: No radio or television aerial or satellite dish or disk shall be erected on the
Premises without the written consent of Landlord in each instance. Any aerial so installed without
such written consent shall be subject to removal by Landlord without notice at anytime, and tenant
shall pay Landlord, on demand, the cost ofsuch removal.
12. FREEZE DAMAGE: Tenant is hereby responsible and liable for any freezing in pipes and/or
within plumbing fixtures and shall pay for the damages incurred. Tenant shall keep the Office
Building at a sufficient temperature to prevent such freezing or make such arrangements with the
local utility to prevent freeze-ups.
S. LANDLORD INSPECTION AND ACCESS: Landlord or its agents,
assigns, employees and/or contractors shall have the right to enter the Premises at any reasonable
time to examine the same, and during the last six (6) months of the Term or any Renewal Term, to
show the Premises to prospective purchasers, lenders, or prospective tenants of the Premises; and
to make such repairs, alterations, improvement or additions or additions as Landlord may deem
necessary or desirable. If Tenant is not personally present to permit entry and an entry is necessary,
Landlord or its agent may, in the case of emergency, or if the Premises are unsecured and
temporarily unoccupied, forcibly enter or secure the same, or take such other steps to address the
emergency that Landlord deems appropriate, without rendering Landlord liable therefore.
Otherwise, all such work and installation shall be done, so far as practical, so as not to unreasonably
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interfere with Tenant's use of the Premises. Tenant also hereby grants unto Landlord and its agents
the right, within six (6) months prior to the termination of the Term or any Renewal Term, to post
and to remain thereon, without hindrance or destruction, the usual notice of "For Rent" on the
Premises and on office windows or front walls of the Office Building. The exercise of any of these
reserved rights by Landlord shall not be deemed as an eviction or disturbance of Tenant's use,
possession and quiet enjoyment of the Premises and shall never render Landlord liable in any manner
to Tenant or any other person. Due to the nature of Tenant's use of the Premises and the need for
security and confidentiality of Tenant's records, Landlord shall make reasonable efforts to notify
Tenant and to have a representative of Tenant on the Premises whenever Landlord enters the Office
Building outside of Tenant's normal business hours.
T. WAIVER OF SUBROGATION: Tenant hereby releases Landlord from
liability and waives all rights of recovery against Landlord for any loss in or about the Premises,
from perils insured against and under the fire insurance contract, including any and all endorsements
thereof, whether due to negligence or any other cause. This release of liability shall be operative
only as long as waiver of subrogation clauses are available on insurance policies, in the amounts,
form, kinds and with a company satisfactory to Landlord's mortgagee or to such mortgagee, as
Landlord, in the event of foreclosure.
U. LIENS: In no event shall Landlord or any of Landlord's property be liable
for or chargeable with any expense or lien for work, labor or materials used for and in the Premises;
or for any improvements thereof of changes made upon the order of Tenant, or to discharge the
obligations of Tenant.
V. FIRE AND/OR DESTRUCTION: If the Premises shall be damaged or
destroyed by fire or other casualty during the Term hereof, Tenant agrees that, unless Tenant
exercises its option to terminate this Lease as provided in Paragraph CC, it will restore the Premises
with reasonable dispatch to substantially the same condition that they were in immediately prior to
such fire or other casualty, and Tenant shall be responsible, at its sole cost and expense, to repair or
replace any and all of Tenant's fixtures, equipment and leasehold improvements which were
damaged or destroyed by the same insured cause. That portion of Additional Rent allocable to the
Reserve payable hereunder shall be equitably and proportionately abated, according to loss of use
to Tenant, during the period of time intervening between the date of such fire and/or casualty and
the date that the Premises are restored so long as no payment default has occurred and is continuing
under the Indenture. That portion of Additional Rent allocable to the Reserve shall re-commence on
the thirtieth (30th) day after the Office Building is ready for fixturing. However, if the damage is
due to the fault or the negligence of Tenant or its employees, there shall be no such abatement of that
portion of Additional Rent allocable to the Reserve.
W. EMINENT DOMAIN OR LOSS OF TITLE: If the Premises or any
portion thereof are condemned or taken by the power of eminent domain exercised by ally
governmental or quasi-govemmental authority, or is lost as a result of failure of title, Tenant may
exercise its option to terminate this Lease as provided in Paragraph CC, and this Lease shall
terminate as of the date that Tenant has complied with Paragraph CC. All funds in the Reserve
Account shall be paid to Tenant upon such termination. The condemnation award or title insurance
proceeds shall be equitably apportioned between Landlord and Tenant as their respective interests
may appear. If only an insubstantial portion of the Premises shall be taken, or is lost as a result of
failure of title and the remaining portion of the Premises is suitable for use by Tenant for the
purposes set forth in this Lease, then Tenant shall be entitled to an equal and proportionate reduction
in that portion of the Additional Rent allocable to the Reserve based on the number of square feet
of gross floor area remaining and this Lease shall otherwise remain in full force and effect. Further,
Landlord shall make available to Tenant the proceeds of such condemnation award or title insurance,
and thereafter, as expeditiously as possible, Tenant shall repair the remaining portion of the Premises
to the extent necessary to render the same suitable for the purposes for which the Premises were
leased. To the extent permitted by law, Tenant hereby waives any right that it may have to any
condemnation award or title insurance proceeds or sum paid under threat of condemnation as a result
of a complete or partial taking of, or loss as a result of failure of title to, the Premises (but not to any
separately stated award for Tenant's leasehold interest, improvements or property). The foregoing
provisions of this Paragraph notwithstanding, if there is only a partial taking of, or loss of title to,
the Premises but not including the Office Building, this Lease shall not terminate, but shall remain
in full force and in effect as to the remaining portion of the Premises. Tenant and Landlord
acknowledge that each has or may have in the future the power of eminent domain, and to the extent
permitted by law, each agrees that it will not initiate eminent domain proceedings for purposes of
financial convenience or restructuring, including for the purpose of redeeming the Bonds. Whenever
there exists an obligation on Tenant to make repairs or restoration to the Premises resulting from any
eminent domain proceeding or loss of title, Landlord shall make available to Tenant the proceeds
7
of such condemnation award or title insurance as necessary for the purpose of making such repairs
or restoration so long as no payment default has occurred and is continuing under the Indenture.
X. TENANT DEFAULT: The occurrence of any one of the following events
constitutes a default by Tenant and a breach of this Lease and its covenants by Tenant:
1. The failure by Tenant to make any payment of Rent on or before the due date thereof;
2. The failure by Tenant to make payment of Additional Charges or to otherwise perform its
other covenants herein, and such failure or non-performance is continuing and not cured within thirty
(30) days after receipt by Tenant of written notice from Landlord and, in the case of any such failure
or nonperformance which cannot be cured within such thirty (30) day period, failure by Tenant to
diligently pursue the cure of such failure or non-performance within thirty (30) days of receipt of
such notice and to cure the same within ninety (90) days of receipt of such notice; or
3 . The filing of a petition by Tenant for bankruptcy, insolvency, or general assignment for the
benefit of its creditors, or appointment of a receiver for Tenant for the substantial part of its assets
and properties and such petition is not dismissed or such receiver is not removed within sixty (60)
days after such filing or appointment.
Y. LANDLORD REMEDIES:
1. In the event of default bv Tenant:
(a) The Trustee, as the assignee of the Landlord, at its option, may declare all
installments of Basic Rent for the remainder of the Term to be immediately due and payable
in an amount sufficient to pay the principal of, premium, if any, and interest on the Bonds,
whereupon the same shall become immediately due and payable;
(b) The Trustee, as the assignee of Landlord, may re-enter and take possession
of the Premises without terminating this Lease and sublease the Premises for the account of
Tenant, holding Tenant liable for the difference in the rent and other amounts paid by the
sublessee and the Rent and other amounts payable by Tenant hereunder and, in addition, all
expenses reasonably incurred in reentering the Premises and preparing it for such sublease;
(c) The Trustee, as the assignee of Landlord, may terminate this Lease, exclude
Tenant from possession of the Premises and use its best efforts to lease the Premises to
another party for the account of Tenant, holding Tenant liable for all Rent and other amounts
due up to the effective date of such leasing and for the difference in the Rent and the amounts
payable by such new lessee and the Rent and other amounts payable by Tenant hereunder
and, in addition, all expenses reasonably incurred in excluding Tenant from possession of
the Premises and preparing it for such leasing; and
(d) The Trustee, as the assignee of Landlord, may take whatever action at law or
in equity may appear necessary or desirable to collect the Rent then due and thereafter to
become due or to enforce observance or performance of any covenant, condition or
agreement of Tenant under this Lease
2. If the Trustee, as assignee of Landlord, exercises any of its rights or remedies hereunder, it
shall give notice of such exercise to Tenant in writing in the manner provided herein and by
telephone, telegram or any electronic communication, provided that failure to give such notice by
telephone, telegram or electronic communication shall not affect the validity of the exercise of any
right or remedy hereunder.
3. The failure of Landlord to insist, in any one or more instances, to strict performance by
Tenant as to any Lease covenant, shall not be construed as a waiver by Landlord or relinquishment,
in the future, of such covenants, but the same shall continue and remain in full force and effect.
Acceptance by Landlord of delinquent Rent from Tenant after a Tenant default shall not cure such
default or entitle Tenant to possession of the Premises. The receipt by Landlord of Rent with
knowledge of the breach of any covenant hereof shall not be deemed a waiver of such breach, and
no waiver by Landlord of any covenant hereof shall be deemed to have been agreed upon, unless
explicitly reduced to written agreement and signed by Landlord and Tenant.
4. All remedies of Landlord shall be Cumulative.
8
Z. LANDLORD COVENANTS AND TENANT REMEDIES:
1. Landlord covenants to comply with all of its duties and obligations under this Lease and the
Indenture. In the event that the Landlord defaults on any of its obligations under the Indenture or
hereunder, Tenant shall have such rights at law or equity to which it may be entitled, including the
right to terminate this Lease or seek a diminution or reduction of Additional Rent; provided,
however, that so long as the Bonds are outstanding, Tenant shall not have the right to terminate this
Lease unless all installments of Basic Rent for the remainder of the Term and any Renewal Term,
if applicable, have been paid in full.
2. Except as otherwise provided herein, upon the expiration or earlier termination of this Lease,
all funds in the Reserve Account shall be paid to Tenant.
AA. FIRST RIGHT OF REFUSAL: During the Term and any Renewal Term,
Tenant shall have the first right of refusal to purchase the Premises in the event Landlord elects to
sell same. Upon receipt by Landlord of any offer to purchase the Premises which is acceptable to
Landlord ("Acceptable Offer"), Landlord shall give notice to Tenant and Tenant shall have the right
to purchase the Premises at the same price and on substantially the same terms and conditions as
contained in the Acceptable Offer, which right shall be exercisable by Tenant giving notice to
Landlord within thirty (30) days after notice is given by Landlord to Tenant of receipt of an
Acceptable Offer.
BB. TERMINATION AND SURRENDER: Upon the expiration or earlier
termination of this Lease, Tenant shall surrender the Premises to Landlord in as good as condition
as they were found upon Tenant taking possession of the Premises except for ordinary wear and tear,
reduction of the Premises by condemnation or damage by fire, destruction or other casualties or
causes beyond Tenant's control. Tenant shall deliver to Landlord all keys to the Premises and
remove all its personal property, merchandise and trade fixtures and make such necessary repairs or
reimbursement pursuant to Paragraphs R(2) and R(3). After Tenant vacating or Tenant
abandonment, Landlord may elect to retain or dispose of, in any manner, Tenant alterations and
improvements or Tenant's personal property that Tenant does not remove from the Premises before
or after the Termination Date. Title to any such Tenant alterations or Tenant personal property that
Landlord elects to retain or dispose of after the Term shall vest to and in Landlord. Tenant waives
all claims against Landlord for any damage to Tenant resulting from Landlord's retention or
disposition of any such alterations or personal property.
CC. OPTION TO TERMINATE IN THE EVENT OF DAMAGE,
DESTRUCTION, CONDEMNATION OR LOSS OF TITLE.
1. In the case of damage or destruction of the Premises as set forth in Paragraph V, Tenant shall
give prompt notice thereof to Landlord and the Trustee. In the case of a taking of all or any part of
the Premises or any right therein under the exercise of the power of eminent domain, or loss as a
result of failure of title, as set forth in Paragraph W, the party to whom notice of such taking or loss
is served shall give prompt notice thereof to the Trustee and the other party hereto. Such notice shall
describe generally the nature and extent of such damage, destruction, taking or loss.
2. Tenant may terminate this Lease by purchasing the preimises for an amount provided in
subparagraph 4 below if one of the following shall have occurred:
(a) The Premises shall have been damaged or destroyed as set forth in Paragraph
V to such extent that in the reasonable opinion of Tenant's governing body expressed in a
resolution and of an architect or engineer acceptable to Landlord and the Trustee expressed
in a written opinion, in each case filed with Landlord and the Trustee, (i) the Premises cannot
be reasonably repaired, rebuilt or restored within a period of six (6) months to its condition
immediately preceding such damage or destruction or (ii) Tenant is prevented from carrying
on its normal operations at the Premises for a period of six (6) months or more.
(b) Title to or the temporary use of such portions of the Premises, including the
Office Building, shall have been taken under the exercise of the power of eminent domain,
or lost as a result of failure of title, which results or is likely to result in Tenant being thereby
prevented from carrying on its normal operations therein for a period of six (6) months, as
evidenced by the opinion of Tenant's governing body expressed in a resolution and of an
architect or engineer acceptable to Landlord and the Trustee expressed in a written opinion,
in each case filed with Landlord and the Trustee.
3. To exercise such option, Tenant shall within sixty (60) days after the event authorizing its
exercise give notice to Landlord and the Trustee and specify a date not more than ninety (90) days
thereafter for the termination of this Lease and purchase of the Premises. Upon receipt by Landlord
of satisfactory evidence that available funds for the payment of the purchase price of the Premises
will be available on the date set for redemption of the Bonds, Landlord shall cause the Trustee to
redeem the Bonds as provided in Section 301 (a) of the Indenture.
4. To terminate this Lease and purchase the Premises under the above subparagraphs of this
Paragraph CC, Landlord and Tenant shall agree on a purchase price constituting the fair market value
of the Premises and shall agree to pay to the Trustee, for the account of Landlord for deposit in the
Bond Fund (as defined in and established by the Indenture), such portion of such purchase price as
shall be necessary to provide the Bond Fund (as defined in and established by the Indenture) with
cash which, in the opinion of the Trustee, will be sufficient (i) to redeem in accordance with Section
301(a) of the Indenture all Bonds then outstanding at the earliest practicable date, (ii) to pay at
maturity all Bonds maturing prior to or simultaneously with such redemption and (iii) to pay to the
Trustee the reasonable fees and expenses of the Trustee and any other fees and expenses for which
Tenant may be responsible under this Lease, including the costs and expenses of canceling and
discharging the Indenture. If the agreed-upon fair market price of the Premises is less than the
amount necessary to provide the Bond Fund with the amounts set forth above, Tenant may not
terminate this Lease and purchase the Premises pursuant to this Paragraph CC; provided, however,
Landlord and Tenant may agree upon a price in excess of the fair market value price if necessary to
provide the Bond Fund with the amounts set forth in the preceding sentence.
DD. MISCELLANEOUS:
1. EXCULPATION: The term "Landlord" as used in this Lease means only the owner of the
Premises at the time of execution of this Lease by Tenant. Landlord shall be liable for the
performance of its obligations hereunder only to the extent of Landlord's assets as they pertain to the
Premises. The respective employees of Landlord, their heirs, agents, personal representatives,
successors and assignees shall not be liable personally. Further, the liability of Landlord shall not
extend beyond the period of time of Landlord's ownership of the Premises, except for events which
occurred during the period of Landlord's ownership.
2. SUCCESSORS AND ASSIGNS: All the terms, covenants and agreements of this Lease
shall extend to and be binding upon Landlord and Tenant and their respective heirs, administrators,
executors, successors, assignees, subtenants, and sublessees, if any, and/or upon any person or
persons coming into ownership or possession of any interest in the Premises by operation of law or
otherwise.
3 . NO JOINT VENTURE: It is hereby agreed that nothing contained in this Lease shall be
deemed or construed as creating a partnership or joint venture between Landlord and Tenant, or
between Landlord and any other party, or cause either party to be responsible in any way for the
debts or obligations of the other party
4. FORCE MAJEURE: In the event that either party hereto shall be delayed or hindered in, or
prevented from, the performance of any act required hereunder by reason of strikes, lock-outs, labor
troubles, inability to procure materials, failure of power, restrictive governmental laws or
regulations, riots, insurrection, war or other reason of a like nature, not the fault of the party delayed
in performing the work or doing acts required under the terms of this Lease, then performance ol'
such acts, other than the payment of Basic Rent and the obligations contained in Paragraph Q, shall
be excused for the period of the delay; and the period for the performance of any such act shall be
extended for a period equivalent to the period of such delay
5. NOTICES: Any notice herein provided for to be given to Landlord shall be deemed to be
given if and when posted in United States registered or certified mail, postage prepaid, addressed
to Landlord at One Columbus Center, Suite 300, Virginia Beach, Virginia 23462, Attn.: Chairman.
Any notice herein provided for to be given to Tenant shall be deemed to be given if and when posted
in United States registered or certified mail, postage prepaid addressed to Tenant at c/o City
Manager, City Hall Building, Municipal Center, Virginia Beach, Virginia 23456, with a copy to
Office of Real Estate, Operations Buildings, Room 170, Municipal Center, Virginia Beach, Virginia
23456. Either party may, at any time, change its address for the purposes of notice hereof by sending
a written notice to the other party stating the change and setting forth the new address.
6. APPROVALS AND CONSENTS: Whenever any approval or consent is requested or
required hereunder, such approval or consent shall not be withheld or delayed unreasonably and shall
be deemed given if no response is received by the requesting party within thirty (30) days from the
date of receipt of such request by the party whose approval or consent is sought. For the purposes
of giving such approval or consent, Tenant hereby designates the City Manager, or his designee, as
the "Tenant Representative", and Landlord hereby designates the Director of Economic
Development as the "Landlord Representative". Decisions of the Tenant's Representative may be
I 0
appealed to the City Council of the City of Virginia Beach, and decisions of the Landlord's
Representative may be appealed to Landlord.
7. AGENTS AND BROKERS: Landlord and Tenant warrant and represent to each other that
there are no real estate agents, brokers or other persons or entitles entitled to any real estate
commissions, finders fees or other charges in connection with this Lease or the rental of the Premises
to Tenant.
8. ENTIRE AGREEMENT: This Lease contains the entire agreement of the parties hereto.
Any and all oral or written agreements understandings, representations and warranties, promises and
statements of the parties hereto or from their respective officials and representatives with respect to
the subject matter of this Lease (other than the Indenture and the Assignment), and any matter not
covered and mentioned in this Lease, shall be inferior and be merged in and by this Lease. No such
prior oral or written agreement, understanding, representation or warranty, promise or statement shall
be effective or binding for any reason or purpose, unless specifically set forth in this original Lease.
No provision of this Lease may be amended or added to except by an agreement in writing, signed
by the parties hereto or their respective successors in interest and the Trustee. This Lease shall not
be effective or binding on any party until fully executed by both parties hereto.
9. RELATIONSHIP TO INDENTURE. Landlord and Tenant acknowledge that to the extent
the provisions of this Lease are in conflict with the provisions of the Indenture, the Indenture shall
be prior to and superior to this Lease and the provisions of the Indenture shall control.
10. NON-APPROPRIATION: It is understood and agreed between the parties hereto with
respect to all payment obligations hereunder, including the payment of Rent, that Tenant shall be
bound and obligated hereunder only to the extent that funds therefor shall have been appropriated
and budgeted in any fiscal year of Tenant by the City Council of the City. In the event that no funds
are appropriated and budgeted in any fiscal year for payments due under this Lease, Tenant shall
immediately notify Landlord of such occurrence and this Lease shall terminate on the last day of the
fiscal year for which appropriation is received without penalty or expense to Tenant of any kind
whatsoever. On or before each July 15, beginning July 15, 1998, Tenant shall provide Landlord and
the Trustee satisfactory documentation indicating whether or not Tenant has budgeted and
appropriated for the fiscal year beginning on the preceding July 1 sufficient funds to pay Tenant's
Rent under this Lease. Failure to provide such documentation shall constitute a default within the
meaning of Paragraph X.2. of this Lease. Tenant represents that it reasonably believes that funds
sufficient to make the payments of Basic Rent and estimated Additional Rent due hereunder will be
available, and the City Manager shall include in each proposed annual budget of the City during the
Term an amount sufficient to make the payments of Basic Rent and estimated Additional Rent due
hereunder. The City Council of the City shall be under no obligation, however, to retain Such
amounts in its annual budget as finally adopted.
11. NONDISCRIMINATION: During the performance of this Lease, Landlord agrees as
follows:
(a) Landlord will not discriminate against any employee or applicant for
employment because of race, religion, color, sex or national origin, except where religion,
sex or national origin is a bona fide occupational qualification/consideration reasonably
necessary to the normal operation of Landlord. Landlord agrees to post in conspicuous
places, available to employees and applicants for employment, notices setting forth the
provisions of this nondiscrimination clause.
(b) Landlord, in all solicitations or advertisements for employees placed by or on
behalf of Landlord, will state that Landlord is an equal opportunity employer.
(c) Notices, advertisements and solicitations placed in accordance with federal
law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements
herein.
Landlord will include provisions of the foregoing subparagraphs, a, b and c in every
subcontract or purchase order of over ten thousand dollars ($10,000.00), so that the
provisions will be binding upon Such subcontractor or vendor.
12. APPLICABLE LAW/COMPLIANCE WITH ALL LAWS/VENUE:
(a) Applicable Law: This Lease shall be deemed to be a Virginia contract and
shall be governed as to all matters whether of validity, interpretations, obligations,
performance or otherwise exclusively by the laws of the Commonwealth of Virginia, and all
questions arising with respect thereto shall be determined in accordance with such laws.
Regardless of where actually delivered and accepted, this Lease shall be deemed to have
been delivered and accepted by the parties in the Commonwealth of Virginia.
i I
(b) Compliance With All Laws: Landlord shall comply with all federal, state and
local statutes, ordinances, and regulations now in effect or hereafter adopted, in the
performance of its obligations set forth herein. Landlord represents that it possesses all
necessary licenses and permits required to conduct its business and will acquire any
additional licenses and permits necessary for performance of its obligations hereunder.
Tenant shall comply with all federal, state and local statutes, ordinances and regulations now
in effect or hereafter adopted, in the performance of its obligations set forth herein. Tenant
represents it possesses all necessary licenses and permits required to conduct its business and
use of the Premises and will acquire additional licenses and permits necessary for
performance of its obligations hereunder.
(c) Venue: Any and all suits for any claims or for any and every breach or
dispute arising out of this Lease shall be maintained in the appropriate court of competent
jurisdiction in the City of Virginia Beach.
13 MEMORANDUM OF LEASE: The parties shall execute and acknowledge a
Memorandum of Lease for the purpose of recording same in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia.
IN WITNESS WHEREOF, this Lease has been truly executed by the parties hereto.
LANDLORD: TEN AN'I'
CITY OF VIRGINIA BEACH ('IT)' OF VIRGINIA EACH
DEVELOPMENT AUTHORITY
BY: BY
ChairmanNice-Chairman ('ity Manager/Authorized Designee
f)f C'itv Manager
(SEAL) (SEAL)
ATTEST: A'FI'FS'l
BY: 13 Y:
Secretary/Assistant Secretary Ruth Hodges Smith, City Clerk
(i \[)AI'A\FORMS\LEASES\SO('IAI.SF l@l (;\SO( SL@RV VR-, Revised: Jaiiuary 16, 1998
1 2
EXHIBIT A
ALL THAT certain lot of land, together with the buildings and
improvements thereon and all appurtenances thereunto belonging,
situate in the City of Virginia Beach, Virginia, known and
designated as "LOT A 5.928 Acres" on that certain plat entitled
'SUBDIVISION OF SHOPPING AREA 'MALIBU'
LYNNHAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA",
made by John E. Sirine and Associates, Surveyors and Engineers,
dated March, 1976, as revised March 24, 1976, and April 9, 1976,
which plat is duly recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, in Map Book 114,
at page 11.
IT BEING the same property conveyed to the City of Virginia
Beach from S and C Co., a general partnership, by deed dated
April 9, 1976, duly recorded in the aforesaid Clerk's Office in
Deed Book 1561, at page 562
TOGETHER WITH the following nonexclusive easements, which
easements shall be appurtenant, and shall run with the title, to the
propertv described above:
1. A nonexclusive easement, right and privilege to use all
parking facilities now or hereafter constructed on each of those
two certain strips of land (hereinafter collectively referred to as the
"Parking Easement Strips") designated on the aforesaid plat as
"50' NONEXCLUSIVE PARKING EASEMENT";
II. A non-exclusive easement, right and privilege to use that
certain strip of land designated on the aforesaid plat as "38'
NONEXCLUSIVE ACCESS EASEMENT" for ingress, egress
and regress to and from (i) that portion of Lot A situated south of
the southern wall of the building constructed thereon and that
portion of Lot A situated north of the northern wall of said
building constructed thereon, (ii) the Parking Easement Strips
(referred to in paragraph I above), and (iii) Lot A and the Ingress-
Egress Easement Strip (as defined and described in paragraph III
below);
III. A nonexclusive easement, right and privilege to use the
strip of land (hereinabove referred to as the "Ingress-Egress
Easement Strip") for ingress, egress and regress to and from Lot
A and Little Neck Road (formerly North Plaza Trail) designated
as "30' Non-Exclusive Ingress/Egress Easement to be dedicated to
the City of Virginia Beach" and more particularly described in,
and shown on the plat attached to, that certain Deed of Dedication
and Vacation dated March 27, 1985, by and among S and H
Company, a Virginia general partnership, et al, duly recorded in
the aforesaid Clerk's Office in Deed Book 2406, at page 1127.
IV. All other recorded easements for drainage, utilities and/or
access as originally established or conveyed, as same may have
been modified or relocated, which are appurtenant to the property
described above.
(i:\DAI-A\FORMS\I)I-@EL)SIWORK[N(;%])F38; 1)],@
23
Item V-J.1.b.
ORDINANCES/RESOLUTIONS ITEM # 43132
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED.
Ordinance to declare EXCESS PROPERTY:
Level Green Boulevard adjacent to Colonial Court Apartments
(formerly College Square Apartments, 0.05 Acres
(KEMPSVILLE BOROUGH), to be EXCHANGED for an
immediately adjacent site re construction of a Pump
Station, Reon Drive Sanitary Sewer Improvements
Project (CIP 6-949)
Voting: II -0 (By Consent)
Council Members Voting Aye
John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr.,
Harold Heischober, Barbara M. I-Ienley, Louis R. Jones, Reba S.
McClanan Mayor Meyera E. Oberndorf Nan K. Parker. Vice
Mayor William D. Sessoms, Jr and Louisa M Strayhorn
Council Members Voting Nay
None
Council Members Absent.
None
Janua 27, 1998
AN ORDINANCE TO AUTHORIZE THE
EXCHANGE OF PROPERTIES WITH
COLONIAL COURT APARTMENTS INC. FOR
A PUMP STATION SITE
WHEREAS, the City of Virginia Beach acquired ownership of certain property
and a temporary construction easement by deed recorded in Deed Book 3638, at page 200: and
WHEREAS, the said property and temporary construction easement were to be
used for the construction of a Pump Station in connection with the Reon Drive Sanitary Sewer
Improvements Project, CIP 6-949; and
WHEREAS, following the conveyance of the property referenced above, the City
of Virginia Beach Department of Public Utilities/Engineering Division determined that
construction of a Pump Station on the said property would be in conflict with an existing Bell
Atlantic 2700 pair interface cable and an existing 42 inch storm drain, and
WHEREAS, in an effort to avoid having to relocate the said Bell Atlantic
interface cable and the 42-inch storm drain at an estimated cost of $66,902±, the City of
Virginia Beach Department of Public Utilities/Engineering Division negotiated a Land Swap
Agreement with the adjacent landowner, Colonial Court Apartments, Inc (formerly College
Square Apartments, Inc.) in which the City of Virginia Beach would reconvey title to certain
property and property interests in exchange for the conveyance of a new site and temporary
construction easement for the construction of a Pump Station that would not conflict with the
aforesaid Bell Atlantic interface cable and 42-inch storm sewer. The property and property
interests to be exchanged are more particularly referenced in paragraph 2 of the Land Swap
Agreement attached hereto; and
WHEREAS, the City Council is of the opinion that the proposed exchange of
properties between the City of Virginia Beach and Colonial Court Apartments, Inc would be
in the best interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA
1. That the City Council authorizes the exchange of properties pursuant to
§ 15.2-1800 et seq., Code of Virginia. as described in the attached "Land Swap Agreement".
2. That the City Manager is hereby authorized to execute the attached Land
Swap Agreement and a proper deed conveying the land and temporary easement on behalf of
the City of Virginia Beach.
This ordinance shall he effective from the date or its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 27
day of January, 1997
('A-
@ROVED AS TO CONTENI'
APPROVED AS TO LEGAT@
St FFI('IENCN'
.9
()el
This LAND SWAP AGREEMENT, made this 12th day of December,
1997, by and between the COLONIAL COURT APARTMENTS, INC., f/k/a College Square
Apartments, Inc., both being Virginia corporations, (hereinafter "COLONIAL COURT"), party
of the first part, and the CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia (hereinafter "CITY"), party of the second part.
For and in consideration of the exchange of the Property and other good and
valuable considerations set forth herein, the receipt of which is herebv acknowledged, the parties
agree as follows:
1. Grant of Rihht of Entry. COLONIAL COURT grants the CITY and its
agents the right and privilege to enter upon that parcel of land as hereinafter described for the
purpose of constructing a pump station, as shown on the plat referenced below. The parties agree
that this right of entry shall expire on April 11, 1998, unless COLONIAL COURT gives
the CITY a written extension, If closing on the exchange of properties is not consummated before
the right of entry expires, upon written request by COLONIAL COURT to do so, the CITY will
restore COLONIAL COURT's property to its preconstruction condition.
2, Grant of Option. COLONIAL COURT irrevocably grants to the CITY
the exclusive Option to Exchange from COLONIAL COURT that parcel of land containing
approximately 1,844 square feet or 0.042 acre as hereinafter described.
All that certain lot, piece or parcel of land situate, lying and being
in the City of Virginia Beach, Virginia, designated and described
as "PUMP STATION SITE TO BE ACQUIRED" " AREA TO BE
ACQUIRED - 1,844 SQ. FT. = 0.042 ACRE" as shown on that
certain plat entitled: "PLAT SHOWING PROPERTY AND
EASEMENT TO BE ACQUIRED FOR REON DRIVE
SANITARY SEWER IMPROVEMENTS CIP 6-949 FROM
COLONIAL COURT APARTMENTS, INC KEMPSVILLE
BOROUGH - VIRGINIA BEACH, VIRGINIA SCALE: 1" = 60'
SEPTEMBER 15, 1995 REVISED: OCTOBER 20, 1995
REVISED OCTOBER 7,1997 ROUSE SIRINE ASSOCIATES,
LTD.," which plat is duly recorded in the Clerk's Office of the
Circuit Court of the Citv of Virginia Beach, Virginia, in Map Book
___, page
GPIN: 1456-52-4448
Together with the temporary right and easement to use the
additional area(s) designated and described as "TEMPORARY
CONSTRUCTION EASEMENT TO BE ACQUIRED" as shown
on the aforesaid plat for construction cut and/or fill slopes as
required for the proper execution and maintenance of work
containing 4,745 square feet (0.109 acre). Said temporary right and
easement will terminate when the Grantee grades the property
adjacent to the easement so that there no longer exists the necessity
for maintenance or until such time as all construction has
terminated and the Grantee accepts the work as being completed.
for the property of the CITY that contains 2,553 square feet or 0.059 acre as hereinafter
described:
All that certain lot, piece, or parcel of land, situate, lying and being
in the City of Virginia Beach, Virginia, designated and described
as "PUMP STATION TO BE ACQUIRED" 'AREA TO BE
ACQUIRED = 2,553 SQ. FT. = 0.059 ACRE" as shown on that
certain plat entitled: "PLAT SHOWING PROPERTY AND
EASEMENT TO BE ACQUIRED FOR REON DRIVE
SANITARY SEWER IMPROVEMENTS CIP 6-949 FROM
COLONIAL COURT APARTMENTS, INC KEMPSVILLE
BOROUGH - VIRGINIA BEACH, VIRGINIA SCALE: 1" = 60'
SEPTEMBER 15, 1995 REVISED: OCTOBER 20, 1995
ROUSE-SIRINE ASSOCIATES, LTD," which plat is duly
recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, in Map Book 251, page 59.
GPIN 1456-52-4534
Together with the temporary right and easement to use the additional
area(s) designated and described as "TEMPORARY
CONSTRUCTION EASEMENT TO BE ACQUIRED"as shown on
the aforesaid plat for construction cut and/or fill slopes as required
for the proper execution and maintenance of work containing 2,592
square feet (0.060 acre). Said temporary right and easement will
terminate when the Grantee grades the property adjacent to the
easement so that there no longer exists the necessity for maintenance
or until such time as all construction has terminated and the Grantee
accepts the work as being completed.
SAVE and EXCEPT that portion of the 1,884 square foot parcel
and the 4,745 square foot temporary construction easement area
referenced in the property shown on the 10/7/97 plat that overlaps
the second parcel shown on the 10/20/95 plat.
The parcels of property to be exchanged are hereinafter designated as the "Property."
3. Term. This Option shall continue in effect until 5:00 p.m. on
April 11, 1998, and may be exercised in accordance with its terms at any time or before
its expiration date by the tendering of written notification from the CITY expressing its intent
to exchange the subject parcels of property in accordance with the terms of this Agreement.
4. COLONIAL COURT agrees to execute, acknowledge, and deliver to the
CITY, a proper Deed conveying the fee simple title to that parcel of land as described above
containing 1,844 square feet and the 4,745 square feet temporary construction easement free and
clear of all encumbrances. The CITY agrees to execute, acknowledge, and deliver to
COLONIAL COURT, a proper Deed conveying the fee simple title to that parcel of land as
described above containing 2,553 square feet and the 2,592 square foot temporary construction
easement save and except that portion of the 1,844 square foot parcel and the 4,745 square foot
temporary construction easement which overlaps the property and temporary construction
easement shown on the 10/20/95 plat.. The drafting of the proper documents to close for the
exchange of the Property as described above will be done by the City at its expense.
5. If any material defect in the title to either Property is not corrected as
provided herein, then at the option of either COLONIAL COURT or the CITY, this Agreement
shall become null and void for all purposes.
6. All deeds shall be executed and delivered by each party to the other and
the entire transaction shall be consummated on or before April 11, 1998, after the title
has been insured or accepted, unless such time is extended as herein provided.
3
7. Covenants and Representations of COLONIAL COURT and CITY
Each party hereby covenants and represents to the other as follows regarding that portion of the
Property it currently owns:
(a) To the best of each party's knowledge and belief, there are no pending or
threatened assessments, condemnations or eminent domain proceedings against the Property, or
any portion thereof. Each party shall give the other prompt notice of any such actual or
threatened condemnation proceeding.
(b) There are no outstanding options or other contracts giving any party other
than the parties to this Agreement a right to purchase the property, or any portion thereof, or
interest therein. From and after the execution date of this Agreement, each party shall not transfer
any interest in, nor grant any easements, or apply for or enter into any application, permit,
contractual agreement or understanding, written or oral, with respect to the Property, or interest
therein, without the prior written consent of the other party.
(c) During each party's ownership and/or occupancy of the Property, the
following statements have at all times been true and accurate
(i) There has been no release, discharge, disposal, generation or
treatment of any hazardous toxic substances upon or in the subject Property,
(ii) There has been no release, discharge, treatment, storage, generation
or disposal of any hazardous waste as defined in CERCLA, RCRA and to the extent the laws of
the Commonwealth of Virginia establish a meaning for said terms.
(iii) The Property has not been subject to Federal, State or Local
governmental action or third party claim because of the release, threat of release, discharge,
storage, treatment, generation, emission or disposal of any hazardous or toxic substances or waste
on, in or from the Property;
(iv) No wetlands (as defined by Federal, State or Local law or
regulation) on the Property have been illegally drained, filled or otherwise modified.
(v) No lien from environmental investigation or remediation, citizen suit
or other litigation, administrative order or proceeding, investigation or settlement is either in
existence or, to the best of each party's knowledge, proposed or anticipated with regard to anv
environmental matter regarding the Property.
(d) During each party's ownership all operations conducted on the Property
have been in compliance with all applicable Federal, State and Local laws, regulations and rules
8. Option Unrestricted. The granting of this Agreement to exchange, its
acceptance and possible future exercise by each party is not conditioned upon, nor in
consideration of, approval by COLONIAL COURT or CITY of any plan of development either
currently pending or submitted in the future that COLONIAL COURT may have of the Property
or properties adjacent thereto.
9. Notices. Any notice which may be or is required to be given pursuant to
the provision of this Agreement shall be delivered or sent by certified mail, postage prepaid.
return receipt requested, and addressed as follows:
If to Owners, to Colonial Court Apartments, Inc
Attn: Danny Hamm
1001 Riviera Dr.
Virginia Beach, Virginia 23464
If to City, to James K. Spore
City Manager
Municipal Center
Virginia Beach, Virginia 23456
With a copv to David S. Hay, Esquire
City Attorney's Office
Municipal Center
Virginia Beach, Virginia 23456
11. The parties acknowledge that the obligations, responsibilities and benefits
as expressly set forth in this Agreement shall survive a closing and settlement in accordance
herewith.
12. Benefit. This Agreement shall be binding upon and inure to the benefit of
the parties and their respective heirs, executors, administrators, successors or assigns.
IN WITNESS WHEREOF, the parties hereof have signed this Agreement as of
the date first above written.
COLONIAT. ('OURT APARTMENTS, INC
By (SEAL)
CITY 01@ VIR(iiNIA BEACH
BY
City Manager/Authorized
Designee of the Citv Manager
(SEAL)
ATTEST APPROVED AS TO, CONTENT
3IG"TURE
Ruth Hodges Smith, City Clerk
DEPAirrMENT
V AS 10 COi,41 LN:
si@TU L/
I)FPARTME@IT
6
STATE OF Virginia
CITY/County OF Henrico, to-wit:
The foregoing instrument was acknowledged before me this 12 day of December
1997, by Arther E. Havens III, President (title) of Colonial Court
Apartments, Inc., on its behalf
C-)
IL4AY4 L
Notary Publit 1 .4
My commission expires@ / a( @ (
T
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit
The foregoing instrument was acknowledged before me this _ day of
199@ by , City Manager/Authorized Designee of The City Manager, on behalf of the
City of Virginia Beach, Virginia,
o Public
My commission expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this __ day of
199_, by RUTH HODGES SMITH, City Clerk, on behalf of the Citv of Virginia Beach, Virginia
My commission expires:
LOCATION MAP SCALE 1" 1,600'
LOCATION MAF
ERTIES TO BE EXCHANGED B
LONIAL COURT APARTMENTS, IN
THE CITY OF VIRGINIA BEAC
@ I @@- @ FOR @ @ t
REON DRIVE SANITARY SEWER IMPROVEME@
6-949 i@ 11
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- 24 -
Item V-J.1.c.
ORDINANCES/RESOLUTIONS ITEM # 43133
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED
Ordinance to declare EXCESS PROPERTY:
South Independence Boulevard, (Constitution Drive Flyover)
adjacent to the Larkspur Subdivision, re SALE of 7.7
Acres (KEMPSVILLE BOROUGH), and authorize the
City Manager dispose of same.
Voting: I I - 0 (By Consent)
Council Members Voting Aye.
John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr.,
Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr and Louisa M Strayhorn
Council Members Voting Nav
None
Council Members Absent.-
None
January 27, 1998
1 AN ORDINANCE DECLARING CERTAIN
2 PROPERTY EXCESS AND AUTHORIZING THE
3 CITY MANAGER TO DISPOSE OF SAME
4 WHEREAS, the City of Virginia Beach acquired ownership of the
5 Property described below by deed recorded in Deed Book 3337, at page 2057;
6 and
7 WHEREAS, the City Council is of the opinion that the Property
8 is in excess of the needs of the City of Virginia Beach.
9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
10 VIRGINIA BEACH, VIRGINIA:
11 1. That the following described property is hereby declared to
12 be in excess of the needs of the City of Virginia Beach and that the City
13 Manager is authorized to convey said property in the manner he deems in
14 the best interests of the City of Virginia Beach including but not limited
15 to reserving any easements he deems necessary:
16 All that certain lot, piece or parcel of land
17 situate in the City of Virginia Beach, Virginia, and
18 being designated as "the Portion of Resubdivided
19 Parcel B-3 - 7.687 acres", as shown on that certain
20 plat entitled "Plat of Property for Kernpsville
21 Meadows, Inc.," which plat is recorded in the
22 Clerk's Office of the Circuit Court of the City of
23 Virginia Beach, Virginia in State Highway Plat Book
24 Number 9, at page 295, to which reference is made
25 for a more particular description.
26 2. Any building site created shall connect to public water and
27 sewer where available.
28 3. This ordinance shall be effective from the date of its
29 adoption.
30 Adopted by the Council of the City of Virginia Beach, Virginia,
31 on the 27 day of January, 1998.
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Item V-J.2.
ORDINANCES/RESOLUTIONS ITEM # 43134
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to APPROPRIATE $140,000 from the General
Fund to provide an interest-free loan to the Davis Corner
Volunteer Rescue Squad repurchase of a replacement squad
truck.
Voting. I I - 0 (By Consent)
Council Members Voting Aye.
John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice
Mayor William D Sessoms, Jr and Louisa M Strql,horn
Council Members Voting Nqv.
None
Council Members Absent.
None
Januar
.y 2 7. 1998
I AN ORDINANCE TO APPROPRIATE $140,000 FROM THE
2 GENERAL FUND FUND BALANCE FOR THE PURPOSE OF
3 PROVIDING AN INTEREST-FREE LOAN TO THE DAVIS
4 CORNER VOLUNTEER RESCUE SQUAD FOR THE PURCHASE
5 OF A REPLACEMENT SQUAD TRUCK
6 WHEREAS, the Davis Corner Volunteer Rescue Squad ("Rescue
7 Squad") has determined that their current squad truck is nearing
8 the end of its useful life in its current role, but will be
9 transitioned to serve as a Mass Casualty Incident Support
10 Vehicle;
11 WHEREAS, the Rescue Squad does not presently have adequate
12 funds to purchase a replacement squad truck, but has represented
13 that fund-raising efforts will provide sufficient funds to repay
14 an interest-free loan from the City of Virginia Beach Loans to
15 Rescue Squad program in the amount of $140,000; and
16 WHEREAS, the Rescue Squad has previously received interest-
17 free loans from the City, has repaid such loans on time or ahead
18 of schedule, and does not anticipate any deviation from their
19 past performance in the repayment of this loan.
20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
21 VIRGINIA BEACH: That funds in the amount of $140,000 are hereby
22 appropriated from the General Fund fund balance for the purpose of
23 providing an interest-free loan to the David Corner Volunteer
24 Rescue Squad for the purchase of a replacement squad truck; with
25 the loan to be repaid in ten (10) equal annual installments of
26 $14,000 due on the 15th day of each February, beginning on February
27 15, 1999, and ending on February 15, 2008.
28 Adopted the 27 day of January, 1998, by the Council of the City
29 of Virginia Beach, Virginia.
30 APPROVED AS TO CONTENT
3 1
32 WalteZ-C, Kr@mite;,
33 Department of Management Services
APPRt',IVF:T) AS T
Lc-Gt,L
34 G:\DATA\ORDIN\NONCODE\EMSDAVC.ORD
DEPARTMENT OF EMERGENCY MEDICAL SERV CFS 191 @ AR I[(, AVFNIJ@
IDF FICE OF THE OIRECTOR VTRGINIA BEA(,H V RC,'N @ 14'
17 5 7) 43 7 4 850
AX (757) @25 786@
DATE: January 5, 1998
TO: Mr. James K. Spore, City Manager DEPT Executive
VLA: Mr. Dean Block, Director DEPT DMS
FROM: Bruce W. Edwards, Director DEPT EMS
SUBJ: No Interest Loan to Davis Corner Volunteer Rescue Squad
Attached please find a letter from Mr. William Laws, Chief of the Davis Corner Volunteer
Rescue Squad., Inc., requesting a no interest loan to assist them in the purchase of a new squad
truck.
The Department of EMS agrees with this request and recommends that the City grant the
squad a no interest loan from the Loans To Rescue Squads Program. Their request is for
$140,000.00 to be repaid over a ten year period in equal annual payments of $14,000.00.
Attached please find an agenda request reflecting a summary of this request.
If you have any questions please let me know.
BWE/rs
PC: Mr. William S. Kiley, Deputy Director
Mr. Paul Harris, Budget Analyst
Mr. William Laws
File
97120101 BWE
18 November 1997
Mr. Bruce Edwards
Director
Dep,artment of Emergency Medical Services
1917 Arctic Avenue
Virginia Beach, Virginia
Dear Mr. Edwards,
Confirming our conversation of this date, Davis Corner
Volunteer Fire Department and Rescue Squad Inc., respectfully
requests a City of Virginia Beach Loan in the amount of $140,000 to
be paid back over a 10 year period. We have received initial
estimates at $140K, and are looking at reducing this further if at
all possible.
This funding is being requested to purchase a new Squad Truck
for Davis Corner. As you are aware, our current truck is a
converted 1983 beverage vehicle and is nearing the end of its life
as a frequently responded unit. It is believed that with
appropriate maintenance and routine wear, this replacement vehicle
could last as long as 20 years.
The purchase of this vehicle will allow us to covert the
current Squad 2/MCI 1 to all MCI, possibility '--ripling patient care
capability. Once this conversion is complete, the MCI trailer that
we have could be reallocated as another resource within the
Department. We replaced the engine last year and we feel that this
shift to sole MCI responsibility will further extend its life and
support capability to our Community.
As usual, your support in our efforts to expand our patient
care capabilities within available resources is appreciated.
Si.ncc t-e @i
Wi 1 1 i afli I Iws
('h 1 e t
26
Item V-J.3.
OPDINANCES/RESOLUTIONS ITEM # 43135
Hubert Dail, 820 North Villier Court, Phone. 340-1839, registered in OPPOSITION
Upon motion by Councilman Harrison, seconded by Council Lady Parker, City Council DEFERRED until
the City Council Session of February 10, 1998
Ordinance to authorize acquisition of property (Parcel A - 35,667
square feet and Parcel B 1,434 squarefeet) in fee simple from
Hubert L. and Mona H. Dail re a site for Little Neck
Neighborhood Park (CIP 4-950.05), either by agreement or
condemnation (LYNNHAVEN BOROUGH)
This deferral will enable City staff to confer with the applicant to develop a voluntary agreement.
Councilman Harrison will be included in the process discussion.
Voting: 11-0 (By Consent)
Council Members Voting Aye.
John A. Baum, Linwood 0. Branch, III, William W Harrivon, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice
Mayor William D. Sevsoms, Jr and Louisa M Stra,Vhorn
Council Members Voting Nay.
None
Council Members Absent
None
Janua 2 7, 1998
27
Item V-K.1.
ORDINANCES/RESOLUTIONS ITEM # 43136
Bertha Brown, speaking in behalf of Ellen Ferber - Director and staff, expressed appreciation to City
Council
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Resolution re support for legislation to designate real and
personal property owned by Samaritan House, Inc. TAX
EXEMPT from State and Local Real and Personal Property.
Voting: I I - 0 (By Consent)
Council Members Voting Aye,
John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice
Mayor William D. Sessoms, Jr and Louisa M. @tra.vhorn
Council Members Voting Naj.
None
Council Members Absent.
None
January 27, 1998
1 A RESOLUTION SUPPORTING LEGISLATION WHICH WILL
2 DESIGNATE REAL AND PERSONAL PROPERTY OWNED BY
3 SAMARITAN HOUSE, INC., AS BEING EXEMPT FROM STATE
4 AND LOCAL REAL AND PERSONAL PROPERTY TAXATION
5 WHEREAS, Samaritan House, Inc., owns property located in the
6 City of Virginia Beach subject to ad valorem taxation;
7 WHEREAS, the property owned by Samaritan House, Inc., was
8 previously tax exempt as property owned by Virginia Beach
9 Ecumenical Housing, Inc., but that exemption is no longer effective
10 since Virginia Beach Ecumenical Housing, Inc., has changed its name
11 to Samaritan House, Inc.;
12 WHEREAS, Samaritan House, Inc., has requested the Council of
13 the City of Virginia Beach to adopt a resolution in support of its
14 request that the General Assembly act in accordance with Article X,
is § 6(a)(6) of the Constitution of Virginia to designate the real and
16 personal property of Samaritan House, Inc., as being exempt from
17 state and local real and personal property taxation;
18 WHEREAS, Samaritan House, Inc., owns personal property in the
19 City of Virginia Beach with an assessed value of approximately
20 $112,117 in tax year 1997-98, and the taxes on this personal
21 property would be approximately $2,011.03;
22 WHEREAS, Samaritan House, Inc., also owns real property in the
23 City of Virginia Beach assessed at $1,642,948 in tax year 1997-98,
24 and the taxes on this real property would be approximately
25 $19,195.46;
26 WHEREAS, pursuant to § 30-19.04 (B) of the Code of Virginia,
27 the Council of the City of Virginia Beach has properly advertised
28 and conducted a public hearing prior to the adoption of this
29 resolution, giving all citizens an opportunity to be heard;
3 0 WHEREAS, the provisions of § 30-19.04(B) of the Code of
31 Virginia have been examined and considered by the Council of the
32 City of Virginia Beach; and
33 WHEREAS, the Council of the City of Virginia Beach is of the
34 opinion that Samaritan House, Inc., should be designated a
35 benevolent organization within the context of § 6(a)(6) of Article
36 X of the Constitution of Virginia; that real and personal property
37 located in the City of Virginia Beach owned by Samaritan House,
38 Inc., and used by it exclusively for benevolent purposes on a
39 nonprofit basis should be exempt from state and local real and
40 personal property taxation; and that such exemption should be
41 effective September 23, 1996;
42 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
43 VIRGINIA BEACH, VIRGINIA:
44 1. That the Council of the City of Virginia Beach supports
45 the enactment of legislation designating Samaritan House, Inc., as
46 a benevolent organization within the context of § 6(a)(6) of
47 Article X of the Constitution of Virginia and exempting from state
48 and local property taxation real and personal property owned by
49 Samaritan House, Inc., that is located within the City of Virginia
50 Beach and used exclusively for benevolent purposes on a nonprofit
51 basis; and
52 2. That the City Council of the City of Virginia Beach
53 further supports an effective date of September 23, 1996, for such
54 legislation.
55 Adopted by the Council of the City of Virginia Beach,
56 Virginia, on the 27 day of January, 1998.
57 CA-6890
58 ORDIN\NONCODE\SAMARITAN.RES
59 R-2
60 1/21/98 APPROVED AS TO LEGAL
61 SUFFICIENCY:
62
63
Department of Law
APPLICATION TO CITY OF VIRGINIA BEACH FOR
EXEMPTION FROM PERSONAL AND REAL PROPERTY TAXATION
Applicants: Please fill out this form and submit same to the City Manager, Municipal Center,
Virginia Beach, Virginia 23456. In any instance where additional space is needed to complete
your answer to a particular question, please utilize a separate sheet of paper and attach it to this
application
Formal Name of Corporation/Organization
Samaritan House, Inc.
Address@ 2697 International Parkway, Parkway III Suite 108
Virginia Beach, VA 23452
Telephone Number (757) 430-2642
1, Is the Organization chartered or incorporated under the laws of the Commonwealth
of Virginia9
Yes
2 For what purpose is the group chartered"
The Corporation is organized as a non-profit organization, exclusively for
charitable purposes within the meaning of Section 501 ( c) (3) of the
Internal Revenue Code of 1986 (see attached Articles of Incorporation.)
3 Describe in detail and specify the location of all real and personal property for which
exemption is sought
See attached.
REAL AND PERSONAL PROPERTY
GPIN SUB - DIVISION ASSESSED VALUE TAXF.S '97 - '99 PROPERTY ADDRESS
0
1476 18 7820 Kempsville Lake $ 77,756 #1 $ 948.62 4623 Fern Oak Ct. w
m
1476 19 7529 Kempsville Lake $ 73,099 #2 $ 891.82 4541 Greyedge Dr. >
n
1477 00 1150 Kempsville take $ 72,662 #3 $ 886.48 256 Weller Blvd. pi
1478 31 5335 Bayside Villas $ 69,553 #4 $ 848.56 4693 Merrimac La. (D
1487 15 4837 Thalia Wayside Townh $ 72,980 #5 $ 890.36 3907 Wyckoff Dr
1487 06 2426 Thalia Wayside Townh $ 72,352 #6 $ 882.70 3992 Roebling La.
1486 35 4049 Townhomes at Chimney ey $ 62,037 #7 $ 756.96 3703 Chimney Creek Dr
(D
1476 18 7474 Fairways $ 91,964 #8 $1121.96 509 Mulligan Dr.
1478 31 4609 Aragona Village $ 96,450 #9 No current bill 4774 N. Witchduck Rd.
(S1176.70)
1487 71 6328 Princess Anne Plaza $ 79,000 #10 No current bill 241 Cassady Ave
($ 963.80)
2427 07 0146 Perry's Shores $649,095 #11 $7906.76 500 Willray Ct.
2417 97 8171 Horizons Housings $227,000 #12 No current bill 1801 Mediterranean Ave.
($2769.40)
Vehicles Assessed Value Taxes '97 - '98 Tag & VIN#
94 Chevrolet Sport Van $ 11,850 #13 $ 438.45 ZVA4273
1GAFG35K3RF179381
91 Ford Taurus St Wgn $ 3,925 #14 $ 145.23 ZCS1470
1FACP57U3MA213092
4. List the present tax assessment of each parcel of real property for which this exemption is sought:
Parcel #1 Parcel #2
Description 1476 19 7820 Description 1476 19 7529
Assessed Value $ 77,756 Assessed Value $ 73,099
Parcel #3 Parcel #4
Description 1477 00 1150 Oewnption 1478 31 5335
Assessed Value $ 72,662 kssessed Value $ 69,553
Parcel #5 Parcel #6
Description@ 1487 15 4837 Description 1487 06 2426
Assessed Value $ 72,980 Xssessed Value $ 72,352
Parcel #7 Parcel #8
Descfiption@ 1486 35 4049 Description 1476 18 7474
Assessed Value $ 62,037 Assessed Value $ 91,964
Parcel #9 Parcel $10
Description 1478 31 4609 1487 11 6328
Assessed Value $ 96,450 4Lssessed Value $ 79,000
Parcel #11 Parcel #12
Description@ 2427 07 0146 Description 2417 97 8171
Assessed Value $648,095 Assessed Value $227,000
5 List the present tax assessment, by tax bill, of personal property for which the exemption is sought
Tax Bill # 97012002196
94 Chevrolet Spor Van Assessed Value $ 11,850
Tax Bill # No Tax Bill Done
1991 Ford Taurus Station Wagon Estimated Value $ 3,925
No tax bill on office equipment
and furniture Estimated Value $94,462
6 For what purpose is the real property currently being used?, If there are several types of use for a single
parcel, indicate such usages by areas of the buildings and floi)r locations
10 emergency shelters/transitional housing for homeless families
Perry's Shores - 25% of units (8 units) transitional housing, 24 units low income affordable
permanent housing (50% fair market rent for area
Horizons Housing 7 units transitional housing
6a, Does any other individual, association it corporation OCCUPY OF use any part of the premises of any
property for which exemption is sought9 If yes, give details
No
6b Is any inck)jtie derived front the use of any portion of the real property by other individuals or groups,
whether considered as rent or reimbursement for necessary expenses for services incurred9 If yes, give
all details
Yes
Weller a transitional house $371/month
Mulligan a transitional house $455/month
Perrv's Shores 8 units transitiorw housing for previously homeless families, monthly rent 50%
or fair market rent for area or $300/month per unit 24 units lo" income affordable permanent
housing with a monthly rent of $450/unit
Horizons Housing 7 units transitional housing for previously homeless families, rent is 20% of
their adjusted monthly income. The average rent is $ 91.20
7 With regard to personal property, state the purpose for which the property is being used and whether
income is derived from the use of any such property by individuals, groups or otherwise If so, give
all details
Van is used to transport clients to and from activities, appointments, children's program
activities. support groups
Taurus is used to pick up and deliver food, donated goods
8 Is the organization exempt from taxation pursuant to Section 501 (c) of the Internal Revenue
Code of 1954? If so, attach documentation
Yes. See attached
9 Has the ABC Board issued a current annual alcohol beverage license for the service of alcohol
beverages for use on the property from which tax exemption is here sought)
No
VIO'D
10. Is any director or officer of the agency paid compensation in excess of a reasonable allowance for
salaries or other compensation?
No. Board of Directors are unpaid volunteers.
11. Does any part of the earnings, exclusive of salaries, of such organization inure to the benefit of any
individual? If so, list what portion and to whom for each of the past three years.
No.
12. What portion of the service provided by such organization is generated by funds received from donations,
contributions, or local, state, or federal grants? Donations shall include the providing of personal
services or the contribution of any in-kind or other material services.
100%
13. Does the organization provide services for the common good of the public? If so, explain in detail
including in or explanation a listing of the services provided, the cost of the services to the recipient or
method of determining cost of the services to the recipient, and any other details you deem pertinent.
Per unit cost (cost = persons sheltered per day) as determined by persons providing shelter
$13.00 per person per day.
14. What part, if any, of the activities of the organization involves carrying on propaganda, or otherwise
attempts to influence legislation?
None. This organization is prohibited from carrying on these activities.
15. Has the organization ever participated in, contributed to, or intervened in any political campaign on
behalf of any candidate for public office? If the answer is yes, please provide any qualifying information
you deem necessary.
No.
16. State the organization's rule, regulation, policy, or practice concerning discrimination on the basis of
religious conviction, race, color, sex or natural origin.
See attached.
17. List the name, business address and business telephone of the president and secretary of the corporation/
organization as well as the managing officer.
Samaritan House, Inc.
2697 International Parkway, Parkway III Suite 108
Virignia Beach, VA 23452
(757) 430-2642
Ellen C. Ferber, Executive Director (NOT an officer or director of the Board)
18 In addition to the above, please provide the following information.
(a) A copy of the organization's most recent audited financial statement (i e , current
balance sheet and income and expense statement for the organization's last
fiscal period)
See Attached.
(b) A detailed listing of the current salaries and/or other compensation of the officers
and directors of the organization. In addition, please specify as to each officer
or director so listed, the bases of the listed salary or compensation (i e , annually,
per meeting, hourly, commission, etc)
None. No officers or directors of Board of Samaritan House are compensated
in any way. Services are on volunteer basis only.
(c) List the salary ranges of each employee position classification and list the number of
full-time and part-time employees in each such classification.
See attached
(d) Specify what percentage of gross income of the organization was required to pay real
and property taxes for each of the last three years.
0%. This organization was exempt from paying real and personal property
taxes under its prior corporate name (Virginia Beach Ecumenical Housing, Inc.)
(e) Explain in detail why the City Council of the City or Virginia Beach should recommend
to the General Assembly of Virginia that this organization should be exempt from real
and personal taxation in the City of Virginia Beach. Please include in your explanation,
the services provided by the organization.
See attached opinion letter from corporate council of Samaritan House, Inc. and
brochures.
This form was prepared by Ellen C. Ferber
whose title with the organization is Executive Director
(Signatureli
SAMARITAN HOUSE, INC.
EMPLOYEE SALARY LIST
NAME TITLE SALARY
Ellen Cospito Ferber Executive Director $63,190.08 FT
Novella Beaver Assistant Director $44,550.00 FT
Maureen Hanson Secretary $25,983.12 FT
Judith Schorr Volunteer Coordinator/ $32,739.12 FT
Community Liaison
Carolyn Harrison Victim Advocate Assistant $18,717.12 FT
Carol Winkelsas Case Manager $27,222.00 FT
Beverly Tillman Case Manager $24,531.12 FT
Therese Filthaut Executive Associate $25,999.92 FT
Rosemary Reed Victim Advocate Assistant $19,921.92 FT
Lisa Carter Williams Victim Advocate $25,000.00 FT
Alexandra Martin Victim Advocate $25,000.00 FT
Leonard Johnson Maintenance Supervisor $21,657.60 FT
Bertha Brown Employment Coach/ $24,531.12 FT
FEP Project
Theresa Stewart Attorney (Project VELA) $27,000.00 FT
Sondra Johnson House Manager $19,200.00 PT
Joe Elliott Maintenance Assistant $20,640.00 PT
Joseph Turko Accounts Payable $13,500.00 PT
Felicia LaGarde Aftercare Case Manager $24,537.12 FT
Trudy McClelland Victim Advocate $30,000.00 FT
Kimberly Greene Victim Advocate $24,537.12 FT
Lori Nichols Staff Secretary $22,999.92 FT
Michele Brooks Paralegal $24,000.00 FT
Tina Hood Children's Advocate $23,500.08 FT
Jennifer Gagnon Children's Advocate Assistant $ 9,100.08 PT
ORGANIZATION Samaritan House, Inc.
By: Name Ellen C. Ferber
Title Executive Director
Date December 28, 1997
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
William J. Holmes -- being duly sworn, deposes
and says that he/she is the President (title) of
the Board of Directors of Samaritan House, Inc. (legal name of
ownership organization) named in the within entitled application;
that he has read the foregoing information sheet and knows the
contents thereof; and that the same is true to his own knowledge
except as to the matters herein stated to be alleged upon
information and belief, and as to those matters he believes it to
be true.
o@f
Subscribed and sworn to before me this 28th day
of December, 1997.
My Commission @i-res
6
SAMARITAN HOUSE, INC.
FINANCIAL REPORT
I
i JUNE 30, 1997
1
1
i
I
CONTENTS
Page
INDEPENDENT AUDITOR'S REPORT
FINANCIAL STATEMENTS
Statements of financial position
Statements of activities 3
Statements of cash flows 4 and 5
Statements of functional expenses 6
Notes to financial statements '7 12
Frederick B. Hill & Company, P.C.
Certified Public Accountants
500 E. M" Stmt, Suit4 1630
Norfolk. V@a 23510-2272
Phom (757) 640-25M
Fm (767) @2529
INDEPENDENT AUDITOR'S REPORT
To the Board of Directors
Samaritan House, Inc.
Virginia Beach, Virginia
We have audited the accompanying statements of financial position and cash flows of Samaritan House,
Inc. as of June 30, 1997 and 1996, and the related statement of activities and functional expenses for the year
ended June 30, 1997. These financial statements are the responsibility of Samaritan House, Inc.'s management.
Our responsibility is to express an opinion on these financial statements based on our audits.
We conducted our audits in accordance with generally accepted auditing standards and the standards
applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of
the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance
about whether the financial statements are free of material misstatement. An audit includes examining, on a test
basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes
assessing the accounting principles used and significant estimates made by management, as well as evaluating
the overall financial statement presentation. We believe that our audits provide a reasonable basis for our
opinion.
In our opinion, the financial statements referred to above present fairly, in all material respects, the
financial position and cash flows of Samaritan House, Inc. as of June 30, 1997 and 1996, and the results of its
activities for the year ended June 30, 1997, in conformity with generally accepted accounting principles.
In accordance with Government Auditing Standards, we have also issued our report dated July 25, 1997
on our consideration of Samaritan House, Inc.'s internal control over financial reporting and our tests of its
compliance with certain provisions of laws, regulations, contracts and grants.
Norfolk, Virginia
July 25, 1997
SAMARITAN HOUSE, INC.
STATEMENTS OF FINANCIAL POSITION
June 30, 1997 and 1996
ASSETS 1997 1996
Cash and cash equivalents $ 62,099 $ 77,233
Grants receivable 13,350 52,728
Other receivables 24,529 31,365
Inventories of house pins, at cost 2,597 1,289
Prepaid expenses and deposits 8,149 6,613
Grants reeivable, restricted to investment
in land and buildings 0 200,000
Contributions receivable, less allowance of $5,000,
restricted to investment in land and buildings 4,735 151,045
Land, buildings and equipment, net of accumulated
depreciation of $139,705 (1996 $101,167) (Note 5) 2,074,551 661,911
TOTAL ASSETS $ 2,190,010 $ 1,182,184
LIABILITIES AND NET ASSETS
Accounts payable and accrued expenses $ 27,139 $ 29,515
Refandable advance, program services 8,793 0
Line-of-credit (Note 8) 40,000 0
Construction-line-of-credit (Note 9) 0 159,727
Current portion of long-term debt (Note 10) 150,000 0
Long-tenn debt, less current maturities (Note 10) 550,000 0
FHLB Loan (Note 11) 39,900 39,900
TOTAL LIABILITIES 815,832 229,142
NET ASSETS
Unrestricted 1,356,093 549,269
Temporarily restricted (Note 7) 18,085 403,773
TOTAL NET ASSETS 1,374,178 953,042
TOTAL LIABILITES AND NET ASSETS $ 2,190,010 $ 1,182,184
See Notes to F@cW Statements
SAMARITAN HOUSE, tNC.
STATEMENTS OF ACTIVITIES
Year Ended June 30, 1"7, with Comparative Totals for 1"6
1997 1996
Temporarily
Unrestricted Restricted Totals
REVENUES, GAINS, AND OTHER SUPPORT
Contributions and grants $ 997,191 $ 51,201 $ 1,048,392 $ 896,942
Royalties from the sale of consigned goods
(Note 3) 261,892 0 261,892 231,614
Donated facilities and services (Note 2) 53,400 0 53,400 67,000
Rental income 79,865 0 79,865 13,382
Special events, net of direct costs of $3,023 3,351 0 3,351 5,133
Other 1,610 0 1,610 2,841
Net assets released from restrictions:
Satisfaction of building acquisition
restrictions 346,310 (346,310) 0 0
Satisfaction of building renovation
restrictions 37,851 (37,851) 0 0
Satisfaction of program restrictions 52,728 (52,728) 0 0
TOTAL REVENUES, GAINS, AND
OTHER SUPPORT 1,834,198 (385,688) 1,448,510 1,216,912
EXPENSES AND LOSSES
Program services 723,960 0 723,960 611,669
Management and general 279,868 0 279,868 182,813
Fund raising 23,546 0 23,546 44,967
TOTAL EXPENSES AND LOSSES 1,027,374 0 1,027,374 839,449
CHANGE IN NET ASSETS 806,824 (385,688) 421,136 377,463
NET ASSETS at beginning of year, as
previously reported 549,269 403,773 953,042 561,037
Capitalization of construction costs
expensed in prior period (Note 13) 0 0 0 14,542
NET ASSETS at beginning of year,
as adjusted 549,269 403,773 953,042 575,579
NET ASSETS at end of year $ 1,356,093 $ 18,085 $ 1,374,178 $ 953,042
See Notes to Financial Statements
SAMARITAN HOUSE, INC.
STATEMENTS OF CASH FLOWS
Years Ended June 30,1997 and 1996
1997 1996
CASH FLOWS FROM OPERATING ACTIVITIES
Increase in net assets $ 421,136 $ 377,463
Adjustments to reconcile increase in net assets to net
cash provided by operating activities:
Depreciation 43,849 25,918
Donated property 0 (6,037)
Provision for uncollectible promises to give 0 5,000
Grants restricted for long-term purposes 0 (37,951)
Contributions restricted for long-term purposes 0 (357,191)
(Gain) loss on sale of property and equipment 1,444 (1,198)
Decrease in grants receivable 39,378 2,980
(Increase) decrease in other receivables 6,936 (11,357)
Increase in prepaid expenses and deposits (1,536) (1,111)
Increase (decrease) in accounts payable and
accrued expenses (2,376) 23,461
Increase (decrease) in refundable advances (29,058) 33,100
Other, net (1,308) (243)
Net cash provided by operating activities 479,365 52,944
CASH FLOWS FROM INVESTING ACTIVITIES
Purchase of property and equipment (757,933) (226,837)
Proceeds from sale of property and equipment 0 7,224
Proceeds from sale of investments 0 4,034
Net cash used in investing activities (757,933) (215,579)
CASH FLOWS FROM FINANCING ACTIVITIES
Net principal payments on lines-of-credit (119,727) (31,345)
Proceeds from contributions and grants restricted
for investment in property and equipment 384,161 217,070
Net cash provided by financing activities 264,434 195,725
Net increase (decrease) in cash and cash equivalents (15,134) 23,090
Cash and cash equivalents:
Beginning 77,233 54,143
Ending S 62,099 $ 77,233
(continued)
SAMARITAN HOUSE, tNC.
STATEMEENTS OF CASH FLOWS
Years Ended June 30, 1"7 and 1"6
1997 1996
SUPPLEMENTAL DISCLOSURES OF CASH FLOW INFORMATION
Cash payments for:
Interest (net of $6,159 (1996 $10,362) capitalized) $ 25,510 $ 1,834
SUPPLEMENTAL SCHEDULE OF NONCASH INVESTTNG AND
FINANCING ACTIVITIES
Cost of real property acquired $ 850,000 $ 0
Long-term debt assumed (700,000) 0
$ 150,000 $ 0
See Notes to Financial Statements,
SAMARITAN HOUSE, INC.
STATEMENT OF FUNCTIONAL EXPENSES
Year Ended June 30, 1997, with Comparative Totals for 1996
1997
Program
Services supporting semces Totals 1996
Shelter and Management md
counseimg and Gen@ R&Bing
Servi@
Salaries $ 361,656 $ 76,218 $ 10,775 $ 448,649 $ 378,408
Payroll taxes 26,708 7,993 824 35,525 28,745
Group Insurance 0 25,648 0 25,648 21,762
Total salaries and related expenses 399,364 109,859 11,599 50,922 429,915
Groceries 14,623 0 0 14,623 10,599
Supplies 9,430 9,374 425 19,229 20,416
utilities 60,026 617 0 60,643 44,767
Repairs and Maintenance 24,435 0 353 24,788 27,099
Insurance 8,150 14,718 0 22,868 14,630
Interest expense 24,391 1,l19 0 25,510 1,834
Licenses and taxes 123 0 0 123 6,710
Direct assistance 52,708 0 0 52,708 48,955
Accounting and auditing 0 61,525 0 61,525 55,500
Uncollected accounts and pledges 5,699 0 235 5,924 11,936
Conferences and training 20,057 2,464 145 22,666 9,885
Dues and subscriptions 2,580 1,902 1,787 6,269 741
Property management fees 9,012 0 0 9,012 6,000
Legal fees 756 2,049 200 3,005 1,997
Rent expense 44,050 54,480 0 98,530 86,143
Printing and postage 1,260 5,867 5,935 13,062 14,329
Advertising and promotion 0 0 2,116 2,116 0
Auto expense 8,830 136 0 8,966 8,912
Moving and hauling 3,113 0 0 3,113 1,457
Storage fees 4,354 0 0 4,354 2,855
Other expenses 8,436 5,482 751 14,669 9,851
Total expenses before depreciation 690,387 269,592 23,546 993,525 813,531
Depreciation of Buildings and equipment 33,573 10,276 0 43,849 25,918
Total expenses $ 723,960 $ 279,868 S 23,546 S 1,027,374 $ 839,449
See Notes to Financial Statements.
SAMARITAN HOUSE, INC.
NOTES TO FINANCIAL STATEMENTS
Note 1. Nature of Activities and Significant Accounting Policies
Nature of Activities
Samaritan House, Inc. (formerly Virginia Beach Ecumenical Housing, Inc. T/A Samaritan House) is
a nonprofit corporation organized under Virginia law for the purpose of developing and operating
emergency shelters to serve the citizens of the City of Virginia Beach. Samaritan House, Inc. also
provides counseling and housing services to victims of domestic violence. The Corporation is
exempt from income taxes under Section 501(c)(3) of the Internal Revenue Code. The Corporation
is a certified agency of the United Way of South Hampton Roads.
Summary of Significant Accounting Policies
Basis of Accounting
The Corporation's financial statements have been prepared on the accrual basis of accounting and
accordingly reflect all significant receivables, payables, and other liabilities.
Financial Statement Presentation
Financial statement presentation follows the recommendations of the Financial Accounting
Standards Board in its Statement of Financial Accounting Standards (SFAS) No. 117 Financial
Statements of Not-for-Profit Organizations. Under SFAS No. 117, the Corporation is required to
report information regarding its financial position and activities according to three classes of net
assets: unrestricted net assets, temporarily restricted net assets, and permanently restricted net
assets.
Use of Estimates
The preparation of financial statements in conformity with generally accepted accounting
principles requires management to make estimates and assumptions that affect certain reported
amounts and disclosures. Accordingly, actual results could differ from those estimates.
Cash and Cash Equivalents
For purposes of the Statement of Cash Flows, the Corporation considers all highly liquid
investments available for current use with an initial maturity of three months or less to be cash
equivalents
NOTES TO FINANCIAL STATEMENTS
Land, Buildings and Equipment and Depreciation
Purchased land, buildings and equipment are recorded at cost. Donations of property and
equipment are recorded as support at their estimated fair value at the date of donation. Such
donations are reported as unrestricted support unless the donor has restricted the donated asset to
a specific purpose. Assets donated with explicit restrictions regarding their use and contributions
of cash that must be used to acquire property and equipment are reported as restricted support.
Absent explicit donor stipulations regarding how long those donated assets must be maintained,
the Corporation reports expirations of donor restrictions when the donated or acquired assets are
placed in service as instructed by the donor. The Corporation reclassifies temponuily restricted
net assets to unrestricted net assets at that time. Property and equipment are depreciated using
the straight-line method over the estimated useful lives of the assets as follows:
Buildings 30 to 40 years
Building improvements 7 to 40 years
Furniture and equipment 5 to 10 years
Restricted and Unrestricted Revenue and Support
Contributions are recognized when the donor makes a promise to give to the Corporation that is,
in substance, unconditional. Contributions received are recorded as unrestricted, temporarily
restricted, or permanently restricted support, depending on the existence and/or nature of any
donor restrictions.
Support that is restricted by the donor is reported as an increase in unrestricted net assets if the
restriction expires in the same reporting period in which the support is recognized. All other
donor-restricted support is reported as an increase in temporarily or permanently restricted net
assets, depending on the nature of the restriction. When a restriction expires (that is, when a
stipulated time restriction ends or purpose restriction is accomplished), temporarily restricted net
assets are reclassified to unrestricted net assets and reported in the Statement of Activities as net
assets released from restrictions. Federal and state grant awards are classified as refundable
advances until expended for the purpose of the grants since they are conditional promises to
give.
Allowance for Uncollectible Contributions Receivable
The Corporation uses the allowance method to determine uncollectible promises receivable. The
allowance is based on prior years' experience and management's analysis of specific promises
made.
NOTES TO FINANCIAL STATEMIENTS
Expense Allocation
The costs of providing various programs and other activities have been summarized on a
functional basis in the Statement of Activities and in the Statement of Functional Expenses.
Accordingly, certain costs have been allocated among the programs and supporting services
benefited.
Note 2. Donated Facilities and Services
Donated facilities and services meeting the requirements for recognition are reflected in the financial
statements at their estimated fair market value on the date of donation.
For 1997 and 1996, the estimated value of donated facilities and services recorded may be summarized
as follows:
1997 1996
Auditing and tax services $ 6,000 $ 7,000
Office space 9,600 9,600
Lease value of HUD properties 37,800 50,400
S 53,400 $ 67,000
No other amounts have been recognized in the financial statements for donated services since they did
not meet the criteria for recognition under SFAS No. 116. However, a substantial number of
volunteers have donated significant amounts of their time in the Corporation's program services and
fund raising activities.
Note 3. Royalties From the Sale of Consigned Goods
In 1994 the Corporation renegotiated an agreement with Thrift Store City (a Virginia general
partnership) to sell its contributions of household discards and miscellaneous general merchandise on
a consignment basis for 8% of the gross sales of such merchandise. The Corporation earned royalties
of $261,892 from total sales of $3,273,650 of consigned goods during the year (1996 $231,614 and
$2,895,000, respectively).
Note 4. Support From Governmental Units
The Corporation receives approximately 60% of its support from Federal, state and local governments.
A significant reduction in the level of this support, if this were to occur, may have a significant effect
on the Corporation's programs and activities.
Included in grant income is $32,407 from the state shelter support program (SSG) (1996 $39,976).
NOTES TO FINANCIAL STATEMENTS
Note 5. Land, Buildings and Equipment
A summary of land, buildings and equipment at June 30, 1997 and 1996 is as follows:
1997 1996
Land $ 477,638 $ 117,849
Buildings and improvements 1,617,676 532,817
Furniture and equipment 96,442 89,912
Automobiles 22,500 22,500
2,214,256 763,078
Less accumulated depreciation 139,705 101,167
$ 2,074,551 $ 661,911
Note 6. Capitalized Interest
The total amount of interest capitalized during 1997 was $6,159 (1996 $20,804). Total interest
charged to expense for the year was $25,510 (1996 $1,834).
Note 7. Restrictions on Net Assets
Temporarily restricted net assets are available for the following purposes:
1997 1996
Investment in land and buildings $ 4,735 $ 351,045
Support of program services 13,350 52,728
$ 18,085 $ 403,773
Note 8. Line-of-Credit
The Corporation has a S40,000 line-of-credit with a bank with interest at prime plus 2%. The balance
of this note at June 30, 1997 was $40,000.
Note 9. Construction Line-of-Credit
The Corporation obtained a $349,000 construction line of credit which was used to finance the
acquisition and renovation of the Horizon House. At June 30, 1996, $159,727 was outstanding on this
line, with an interest rate of prime plus 2%. Monthly principal payments of $2,208 were made until
October 31, 1996. At that time, the balance of the note was paid in full.
NOTES TO FINANCIAL STATEMENTS
Note 10. Long-Term Debt
Note payable to individual, $150,000 due in January 1998,
monthly interest only installments at 8.25% through January
2004, secured by real property S 700,000
Less current maturities 150,000
$ 550,000
Maturities required on long-term debt as of June 30, 1997 are as follows:
1998 $ 150,000
1999 0
2000 0
2001 0
2002 0
Later years 550,000
$ 700,000
Note 11. FHLB Loan
The FHLB Loan is a note payable to a bank under the Federal Home Loan Bank (FHLB) program and
is secured by a deed of trust. There are no installments of principal or interest payable as long as the
Corporation remains in compliance with the terms of the loan. The note matures on February 28,
2024 and will be forgiven at that time if it is determined that the loan proceeds have been used in
compliance with the FHLB loan application.
Note 12. Lease Commitments
The Corporation is currently leasing office space and office equipment under noncancelable
agreements.
The future commitments for these leases are as follows:
1998 $ 76,012
1999 66,277
2000 40,459
2001 3,968
$186,616
Total rent expense paid in 1997 for all leases was $52,146 (1996 $35,730).
NOTES TO FINANCLAL STATEMIENTS
Note 13. Prior Period Adjustment
An adjustment was made to beginning 1996 net assets for $14,542 in order to capitalize certain
expenses associated with the construction/rehabilitation of a building that was placed in service
during 1996.
Note 14. Change in Accounting Principles
In 1996, the Foundation elected to adopt Statement of Financial Accounting Standards (SFAS) No.
117, Financial Statements of Not-for-Profit Organizations. Under SFAS No. 117, the Corporation is
required to report information regarding its financial position and activities according to three classes
of net assets: unrestricted net assets, temporarily restricted net assets, and permanently restricted net
assets. In addition, the Corporation is required to present a Statement of Cash Flows. As permitted
by this new statement, the Corporation has discontinued its use of fund accounting for financial
statement purposes and has, accordingly, reclassified its financial statements to present the three
classes of net assets required. This reclassification had no effect on the change in net assets for the
year.
The Corporation also adopted SFAS No. 116, Accounting for Contributions Received and
Contributions Made, in 1996. In accordance with SFAS No. 116, contributions received are recorded
as unrestricted, temporarily restricted, or permanently restricted support depending on the existence
and/or nature of any donor restrictions. The adoption of this statement had no effect on the change in
net assets for the year.
Note 15. Comparative Amounts
The amounts shown for 1996 in the accompanying statements of activities and functional expenses
are included to provide a basis for comparison with 1997 and are not intended to present all
information necessary for a fair presentation of these 1996 statements in conformity with generally
accepted accounting principles.
Samaritan House
"For nine months, the infant
grows inside the womb until it is
cramped and quite bent over on
itself. For hundreds of thousands
of American children, that length
represents the longest rest ever
to be had, the longest stay
in any one place."
AFTER CARE SERVICES
" ... Like a Bridge Over Troubled Waters ...."
Fifty percent of all families leaving shelters across the nation will be
homeless again within a year WITHOUT ADEQUATE SUPPORT
SERVICES. The goal of Samaritan House's After Care Services program
is to provide that needed support to families in the community. After
Care support includes home visits for up to one year after discharge
from shelter, to assist with crisis intervention, financial assistance, help
with finding community resources, furniture, children's services,
transportation and more.
Most families report these Support Services are a real life-line for
them. After Care support also enables staff to advocate with land-
lords in the community to provide housing to families they may not
have considered leasing to without that additional support. Without
After Care support, we know 50% of our families will be homeless
within one year of discharge.
After three years of providing these essential services, we have found
75% have remained self-sufficient in their own homes.
STAGE II HOUSING
"I need a year or so, then YES,
I can make it." - Shelter resident
In 1988, Samaritan House initiated its Stage II program. Stage II
Housing offers families with "removable barriers" to permanency an
opportunity to rent for up to 18 months at 30 percent of their
adjusted income. Given the rights and responsibilities of tenancy,
families are able to establish sound credit, become upwardly mobile
in the job market, or secure training for a better job. Stage II houses
approximately ten families. All Stage II families discharged to date
are living in permanent housing and have remained self-sufficient.
FAMILY ADVOCACY
"Two roads diverged in a yellow wood ... I took the one less
travelled by, and that has made all the difference." Robert Frost
An integral part of the Samaritan House mission is to provide services
that empower a family to reach and maintain self-sufficiency. While
families are in shelter, they receive supportive counseling, assistance
with finances and resources, linkage to other community agencies,
assistance with job skills, employment and housing. Eighty-five percent
of all families leaving the shelter are placed in permanent housing.
Decisions, choices, options, alternatives ... these are the core of empow-
erment based services. We trust families to know what is best for them-
selves, for their children, for their future.
No one chooses poverty, violence, hopelessness. These are the out-
comes of lack of choice, opportunities, or options. Trained family
advocates assist families in identifying choices, exploring options and
alternatives, and in joint problem solving. In so doing, family advocates
are continually reaffirming the message "We believe in YOU!" These
components such as housing, employment, training, family support,
children's services, and concrete recources such as financial assistance,
and sustainable income.
When the service plan is complete, it becomes a "road map" of sorts. At
each "fork in the road," the family advocate works in partnership with
the resident to make dreams a reality.
Each day, families are offered assistance with transportation, linkage
with services, support groups, educational groups covering topics such
as "supportive parenting," "budgets," self-defense,""employment skills,"
and more. The families in shelter tell the family advocacy staff what
they feel they need help with, and together a community education
plan is formulated.
Family Advocates work closely with area churches, Social Services,
Housing Department, Department of Mental Health, Substance Abuse
Services, Court Services, Legal Advocates, the Public School System, as
well as providers in neighboring cities to assure a successful transition
to permanent housing free of domestic violence.
PROJECT KIDS
"65% of all homeless are children under the age of 10."
Children are resilient, optimistic and flexible by nature. It is easy to
overlook how profoundly homelessness and domestic violence shat-
ter their young lives. But in shelter life, the fallout is evident Children
become withdrawn or act out. They become ridden with fear and
often regress.
Project KIDS (Knowing Is Doing Something) is our attempt to
reach Out To the children and provide them with love, play and
laughter it offers the kids a place to be kids! Our Children's Advocate
and her many volunteers offer the children recreation, tutoring, field trips,
a therapeutic play group and a support group for child victims of
domestic violence.
We especially welcome the support of the community in serving
our "KIDS". Volunteer hands and hearts have built play-gyms,
provided transportation and mentoring, Volunteers have trans-
formed themselves into bunny rabbits and Santa Clauses and most
importantly children are embraced by loving arms at every
opportunity.
EMERGENCY SHELTER
"Home ain't where you live. It's that place you can rest
your head and not be afraid." - Shelter resident
Sadly, despite the increased number of Samaritan House shelter
beds, 12 people are turned away for every person sheltered. As of
1993, 610 people were sheltered for up to 45 days in one of six
Samaritan House shelters. Forty-two percent of these families were
victimized by domestic violence. Fifty-eight percent were displaced
due to homelessness. We turned away over 5,000 people because
we simply had no room to shelter them.
Why is the need escalating? Families are rendered homeless as a
result of unemployment, under employment, lack of affordable housing,
evictions or family illness. A leading cause is also domestic violence.
The alarming rate of poverty in our nation often leads to homelessness.
Children lead the ranks of the homeless -- 65 percent of all homeless
are children under the age of 10. Families with little income cannot
find affordable housing, do not have adequate health care and are often
unable to secure affordable day care if they work. The average rent for a
family of four far exceeds even a full minimum wage earner's ability to
pay for rent, child care and other necessities.
SAMARITAN HOUSE-S.O.S.
"Violence - a family tradition we can do without."
During the Vietnam War 58,000 Americans were killed. During
that same period of time, 51,000 women and children were vic-
timized by domestic violence.
One in five women is physically battered! One in three is
emotionally, psychologically or verbally abused.
I
The American Medical Association has identified domestic vio-
lence as a top priority, as has the March of Dimes. More women
are admitted to Americas emergency rooms as a result of domes-
tic violence than as a result of rape, muggings and all accidents
combined. Domestic violence is also a leading cause of birth
defects - many pregnant women are beaten throughout their
pregnancy.
Although divorced and separated women compose only 7% of
the population in the United States, they account for 75% of all
battered women and report being battered 14 times as often as
women still living with their partners.(Patsy Klaus & Michael
Rand, Special Report: Family Violence, Bureau of Justice, 1992)
Women who leave their batterers are at a 75% greater risk of be-
ing killed by the barterer than those who stay. (Barbara Hart,
1988).
Currently there are 2,000 battered women in America who are
serving prison time for defending their lives against their
batterers. (Stacey Kabat, Remarks from presentation at Harvard
School of Public Health, June 1991) FBI statistics indicate that
women convicted for killing their male partners are frequently
sentenced to longer prison terms than are men. (Angela Browne,
When Battered Women Kill, 1987).
Up to 50% of all homeless women and children in this country
are fleeing domestic violence (Elizabeth Schneider, Legal
Reform Efforts For Battered Women, 1990). Yet, there are nearly
three times as many animal shelters in the United states as there
are shelters for battered women (Senate Judiciary Committee
Hearings, 1990).
(over)
SERVICES DIRECTORY
"We are but a small part of the solution"
Crisis Intervention:
24-hour Crisis Hotline, Emergency Response Program . 430-2120
Domestic Violence Services:
Community Outreach (Victim Advocacy, Virginia Beach Police
Department) ... ...... ..................................... . . ....427-8029
S.O.S. Emergency Shelters ................................. ......430-2120
Community Support Groups for Victims of Domestic Violence
.1 ...... ......... @ I..",. ".. @@@ I ....... 430-2120
Community Education/Speakers Bureau ........ .. .. .430-2642
Emergency Shelter Services:
24--hour Hotline/Intake ... ............ .......... .... ... ...... 430-2120
Family Advocacy/Case Management Support. . ....... ....430-2642
Community Education/Speakers Bureau.. .. .... .....430-2642
Project KIDS . . . ....... ..... ....... ....... . ..... . . . ......430-2642
After Care and Transitional Housing:
Stage II Housing .... . ... .... ........................ . ...........430-2642
After Care Services.. ... . ................ ........... ... ...... 430-2642
Community Education/Speakers Bureau ...... ....430-2642
Volunteer Services
Call Judy Schorr .... ......... .... ... .. ....... .. ... .. ........430-2642
OUR FUNDING
" ... all things work together for the good ..."
Samaritan House is funded from a myriad of sources. Approximately
half of our operating budget comes from you, the community. These
donations come from churches, civic groups, fraternal organizations
and individuals. The other half of our budget comes from the United
Way, the State Department of Social Services, the State of Housing,
HUD and the City of Virginia Beach. Families are provided shelter,
food, toiletries, personal needs, supportive services and financial
assistance at an average cost of $13 per person, per day. Office space
and other overhead costs are largely donated. Administrative costs
and overhead are $.19 of every dollar. Most of our shelter facilities
are leased for $1.00 per year. The others are owned by Samaritan
House.
- - - - - - - - - - - - - - - - - - - - - -
Contribution Form
Please accept my tax-deductible contribution, to Samaritan House in the amount of
$25 $50 $100 $ 250 $ 500
I'd like to become a pledging supporter of Samaritan House. Please bill me at:
$25 $50 $100 $250 $500
per month- per quarter
Name
---
Address
City-- State Zip
Please make checks payable to:
Virginia Beach Ecumenical Housing, Inc. (Samaritan House)
2697 International Parkway, Parkway Two-Suite 107, Virginia Beach, VA 23452
OUR PHILOSOPHY
"I Can See Clearly Now"
Families come to Samaritan House through a number of avenues.
They come from hospital emergency rooms, police referrals, referrals
from city agencies, other shelters, or as a result of calling our Hotline.
Not one of them ever dreamed they'd be setting foot into a shelter.
They enter devastated, shame-filled and terrified. It is Samaritan
Houses role to empower, to believe, to affirm and to accept.
We do not see ourselves as "fixers". We trust Families know how
to "fix" their own situations, and simply need the tools, resources
and information to move forward. Our job is to mobilize and
provide those resources in a non-victimizing manner. We call this
"empowerment". Empowered with resources, services and housing
options, provided by Samaritan House, families can truly "see
clearly" and plan for their next steps.
Families also attend weekly support groups, educational groups,
and participate in children's activities. Peer support, developing
bonds that continue after shelter, are critical to empowering those
we serve yo truly "make it" on their own.
Most families remain in shelters for 45 days. During that time,
an array of services is provided to assist families in becoming inde-
pendent and self-sufficient.
OUR BEGINNINGS
"If you have faith the size of a mustard seed ..."
Faith brought together caring, outraged and devoted visionaries in
1983. These men and women represented their churches or syna-
gogues. They were diverse in their beliefs and faith experiences, but
they were united in their mission to provide a caring and healing
environment for families and children who were homeless within
the City of Virginia Beach.
Incorporated in 1984 as Virginia Beach Ecumenical Housing, the
stage was set to put faith into action. With the support of the City of
Virginia Beach, the Citizenry of Virginia Beach and the interfaith
community, Samaritan House opened its doors to homeless families
in a private home serving four families. Volunteers, students, a small
staff and a "hands on" board of directors provided a home to 100
families in its first year of operation.
Since that time, five more shelters have opened, outreach
services have been established, a full time children's program has
been put into place, supportive services to families have been
established, and Samaritan House has extended its mission to
embrace victims of domestic violence as a primary population to be
served, in addition to families who are homeless.
In addition, transitional housing services are provided as well as
after care support. Despite the many additional shelters and support
to families, the need has escalated.
Internal Revenue Service Department of the Treasury
District Director
Date: June 18, 1985 Employer ldentification Number
54-1291021
Accounting Period Ending
July 31
Foundation Status Classification
509(a)(1) & 170(b)(1)(A)(vi)
Advance Ruling Period Ends:
July 31, 1986
Virginia Beach Ecumenical Person to Contact.
Housing, Inc. R.D. Morris
3432 Virginia Beach Blvd. Contact Telephone Number
Virginia Beach, Va. 23452 461-3770
Dear Applicant:
Based on information supplied, and assuming your operations will be as stated
in your application for recognition of exemption, we have.determined you are exempt
from Federal income tax Under section 501(c)(3) of the Internal Revenus Code.
Because you are a newly created organization, we are not now making a final
determination of your foundation status under section 509(a) of the Code. However,
we have determined that you can reasonably be expected to be a publicly supported
organization described in section 509(a)(1) and 170(b)(1)(A)(vi).*
Accordingly, you will be treated as a publicly supported organization, and not
as a private foundation, during an advance ruling period. This advance ruling period
begins on the date of your inception and ends on the date shown above.
Within 90 days after the end of your advance ruling period, you must submit to
us information needed to determine whether you have met the requirements of the
applicable support test during the advance ruling period. If you establish that you
have been a publicly supported organization, you will be classified as a section
509 (a) (1) or 509 (a) (2) organization as long as you continue to meet the requirements
of the applicable support test. If you do not meet the public support requirements
during The advance ruling period, you will be classified as a private foundation
for future periods. Also, if you are classified as a private foundation, you will
be treated as a private foundation from the date of your inception for purposes of
sections 507(d) and 4940.
Grantors and donors may rely on the Determination that you are not a private
foundation until 90 days after the end of your advance ruling period. If you submit
the required information within the 90 days, grantors and donors may continue to
rely on the advance determination until the Service makes a final determination of
your foundation status. However, if notice that you will no longer be treated as a
section * see above organization is published in the Internal Revenue
Bulletin, grantors and donors may not rely on this determination, after the date of
such publication. Also, a grantor or donor may not rely on this determination if he
or she was in part responsible for, or was aware of the act or failure to act that
resulted in your loss of section * see above status, or acquired knowledge
that the Internal Revenue Service had given notice that you would be removed from
Classification as a section * see above organization.
If your sources of support, or your purposes, character, or method of operation
change, please let us know so we can consider the effect of the change on your
exempt status and foundation status. Also, you should inform us of all changes in
your name or address.
As of January 1, 1984, you are liable for taxes under the Federal Insurance
Contributions Act (social security taxes) on remuneration of $100 or more you pay
to each of your employees during a calendar year. You are not liable for the tax
imposed under the Federal Unemployment Tax Act (FUTA).
Organizations that are not private foundations are not subject to the excise
taxes under Chapter 42 of the Code. However, you are not automatically exempt from
other Federal excise taxes. If you have any questions about excise, employment, or
other Federal taxes, please let us know.
Donors may deduct contributions to you as provided in section 170 of the Code.
Bequests, legacies, devises, transfers, or gifts to you or for your use are
deductible for Federal estate and gift tax purposes if they meet the applicable
provisions of sections 2055, 2106, and 2522 of the Code.
You are required to file Form 990, Peturn of Organization Exempt from Income
Tax, only if your gross receipts each year are normally more than $25,000. If a
return is required, it must be filed by the 15th day of the fifth month after the
end of your annual accounting period. The law imposes a penalty of $10 a day, up to
a maximum of $5,000, when a return is filed late, unless there is reasonable cause
for the delay.
You are not required to file Federal income tax returns unless you are subject
to the tax on unrelated business income under section 511 of the Code. If you are
subject to this tax, you must file an income tax return on Form 990-T, Exempt
Organization Business Income Tax Return. In this letter, we are not determining
whether any of your present or proposed activities are unrelated trade or business
as defined in section 513 of the Code.
You need an employer identification number even if you have no employees. If
an employer identification number was not entered on your application, a number
will be assigned to you and you will be advised of it. Please use that number on
all returns you file and in all correspondence with the Internal Revenue Service.
Because this letter could help resolve any questions about your exempt status
and foundation status, you should keep it in your permanent records.
If you have any questions, please ccntact the person whose name and telephone
number are shown in the heading of this letter.
SinGerely yours,
District Director
Commonwealth of Virginia
State Corporation Commission
I certify the following from the Records of the
Commission:
On September 23, 1996, by amendment of its articles of incorporation, the
name of VIRGINIA BEACH ECUMENICAL HOUSING, INC. wns changed to SAMARITAN
HOUSE, INC..
Nothing more is hereby certified.
an this September 24, 1996
Alillialli @trib@le, Qllrr[t ti-f ille
CIS20444
ARTICLES OF AMENDMENT AND RESTATEMENT
oF
SAMARITAN HOUSE, INC.
A Nonstock Corporation
The undersigned person, pursuant to Chapter 10 of Title 13.1
of the Code of Virginia, hereby executes the following Amended
Articles of Incorporation and sets forth:
ARTICLE I
The name of the Corporation is SAMARITAN HOUSE, INC.
ARTICLE II
The corporation is organized as a non-profit organization,
exclusively for charitable purposes within the meaning of Section
501 (c) (3) of the Internal Revenue Code of 1986. The further
purpose of this Corporation is the transaction of any and every
kind of lawful business not required to be specifically stated in
these Articles.
The Corporation shall not be operated for the primary purpose
of carrying on a trade or business for profit.
The Corporation shall neither have nor exercise any power, nor
shall it directly or indirectly engage in any activity that would
(1) prevent it from obtaining exemption from federal income
taxation as a corporation described in Section 501 (c) (3) of the
Internal Revenue Code of 1986, or (2) cause it to lose such exempt
status.
No substantial party of the activities of the Corporation
shall consist of carrying on propaganda, or otherwise attempting to
influence legislation not shall it in any manner or to any extent
participate in or intervene in (including the publishing or
distribution of statements) , any political campaign on behalf of
any candidate for public office; nor shall the Corporation engage
in any activities that are unlawful under the applicable federal,
state or local laws.
References to provisions of the Internal Revenue Code of 1986
shall be deemed to include corresponding provisions of any statutes
which succeed such provisions.
No part of the net earnings of the Corporation shall inure to
the benefit of or be distributed to any private person except the
Corporation shall be authorized to pay reasonable compensation for
services rendered and to make payment and distributions in
furtherance of the purposes set forth herein
ARTICLE III
The Corporation shall have no members.
ARTICLE IV
The affairs of the Corporation shall be managed by a Board of
Directors, who shall consist of no more than 21 individual
directors. Each director shall serve a three year term after which
the director's term may be renewed.
ARTICLE V
The Corporation shall indemnify, to the fullest extent
permitted and required by the Virginia Nonstock Corporation Act, as
such Act exists now or may hereafter be amended, its directors and
officers who are made a party to any proceeding by reason of their
office for acts or omissions performed in their official capacity.
There shall be no liability for the acts or omissions of any
office, director, committee member of employee of the Corporation
in any proceeding brought by or in the right of the Corporation
unless provided by the laws of the Commonwealth of Virginia,
arising out of any single transaction, occurrence, or course of
conduct pursuant to Section 13.1-870.1 of the Code of Virginia, as
may be amended from time to time.
ARTICLE VI
Upon dissolution of the Corporation, the Board of Directors
shall, after paying or making provision for the payment of all the
liabilities of the Corporation, distribute the remaining assets of
the Corporation for one or more exempt purposes within the meaning
of Section 501 (c) (3) of the Internal Revenue Code, or
corresponding Section of any future federal tax code, or shall be
distributed to the federal government, or to a state or local
government, for public purposes. Any such assets not so disposed
of shall be disposed of by the Circuit Court of the city in which
the principal office of the Corporation is then located,
exclusively for such purposes or to such organization or
organizations, as said Court shall determine, which are organized
and operated exclusively for such purposes.
I
C)ec - 22 - 9 Z 10:26A Houso, lr,c, P.01
ARTICLES OF INCORPORATION JUN 20 IM
OF
VIRGINIA BEACH ECUMENICAL HOUSING, INC.
We hereby undertake to form a non-stock corporation
under the provisions of Chapter 2 of Title 13.1 of the Code of
Virginia, otherwise known as the Virginia Non-Stock Corporation
Act, and to taht end set forth the following:
ARTICLE I
CORPORATE NAME
The name of this corporation shall be: Virginia Beach
Ecumenical Housing, Inc.
ARTICLE II
CORPORATE PURPOSE
This corporation is organized as a non profit
organization, to develop and operate an emergency shelter
facility which will serve citizens in need of shelter within the
City of Virginia Beach, Virginia; to coordinate the efforts of
churches within said City to establishj and operate an emergency
shelter; to coordinate with the Virginia Beach Department of
Social Services in identifying and meeting emergency shelter
needs; to maintain a liason with the Virginia Beach Department of
Community Development. In furtherance of those goals and
purposes, this corporation shall have the power to enter into
contracts of every kind and description, including those for the
purchase, improvement and sale of real property, which may be
CITY OF VIRGIMA if ACH
DWT. OF SOCIAL SE4tVICES
DQ@-;12-97 10:32A P.01
ve.
II;11)1 C," k@xpedi I i.i I (:()Tli IC c I, I o II wi '-II L.11,.,
r
OJ)C I" Li L4 oii 4@.1' [,I I iIloii..r3rofit ot,g El (I I :@ ILi oil Tt)u I'LirV.I)cr@ I.-) L.i r I)osc-
c)C t.iii.; i!i Ltio@ trat)sac@iott of zitly Lind evt-.i-y It I i-id of
liawfiil t-@luired to bit spocificr,)Iy !;L;;Itcci ill @lit!z;tt
(,)f tli@s corporation iiii@ltjdqs, t)itt@ j!@ t)ot
l@owcr,!; :ill §l ).I -'@04 . 1
Lliu (:odt@ or Virginia 1950, is LimttndL!U. TI)L- ciorf)oi-,,L.luil Sltiill
of
I)itvit ii@it, C-X(:C,ci.se driy powlr nk@t- directly c,r
i.nclir(tc,li.l.y ill any ac.Lli.vj.'Ly wlitc:li w<)Ulci, 1) it: f i,om
obt.,.iiiii.i)rj ttx@iiil,t ic)ti froni Feclerzil .,:i ri-)ot-tit:iorl
6.T, tire Illt:LI'116] RLV",Il%lt! c,l@ 1ID5,)4
or; 2 so I 1. 10@. El S@4C:@t L-XCnlj,,t@ @L@,
ARTICLE III
MEMBERS
stiall. Con:.;L-.t. or'
ttiaj c)t' i,c:., I i @l I k)t,!; dc@ri@)rcL3 n@i I. i.ons ar)d Criki r'<:Ile@ w@ t,t I I ti t.1 I, I I y L@f
Vir(j,i r) I a I,)t,(jv i cl i fig are,(: rgei)<:y 1. to I- !. I-v I I I C:C) l.ori
OF Soci@,l. Sorvtr;,-!;. 'rl)c Ilo@jj-(l @i'
-stia'll I)c LI)e
Al)iD I i.c@, I. I. (@n ro t'- in(-iiil,)L. i'-.;l I I 1) @il 1),,@ I L Cc] L.L)
1'. v I (.,:,I
Or S(!I"
clecl..iklc i.1-ie for m6iiiber,bliar.
§3, V.0t@pg Mombetlfi.@ul);4@l, bQ. @et, .@.ri
thu I>yrXAwu of Phil, qgrppr*A4QA,,.
DQ@-22-97 10:26A Sama@itan H.,,,,, p@02
ARTICLE IV
DISTRIBUTION OF ASSETS UPON DISSOLUTION
V)@iyillg Ot' itlbl<jrig pr,@v,.isic)ti For- II,,;
UL' i@ll (I,-' of tllf@ ,ti
of' till, Ltxc:Ltis@ivel.y t:o
@lopt@riil,.,l cxt,-Jki:;:jvc.-ly fol, 01'
@f@ol (c)(3) c@i'
ARTICLE V
REGISTERED AGENT AND REGISTERED OFFICER
i-egirL@re(i of nC t]-ik.
(,'i ty or V-it'giiiia Bctiirli,
J2i" 1.@istcj.n Itoc4,1, 101
'.@:S 4', 1 'II t@ ii,stri,t c>l.' i L,s i.ti i I ......I
I yi I C, wt.c) I z; @i r@.s.i rion t c)f' V i, i 1.1 IA 14::
V J r'q ii
I WI) 0 *i :: I,)U.@@ i II(:: i
I,(:g i.L, (;Ul,ccl Of 1.@ i C:t@ @,i f I,":
ARTICLE VI
BOARD OF DIRECTORS
:j ci L,l iL@ COr-1,I)r , I
wlt')Irl -,iliuj 1. I,I,t
corporation. DirecLors of Lrit iZorpordLion sli"J I U@- el Ljy
the meirtber represC%it;ative-s from etich denominaklic)ri or c:l)iiilc:lk
provldinil oinc:rgcncy bhclter services to serve foi- teril-@ uJ: Lwcj
r
D@c-22-97 lOt26A Sama@litan House, Inc- P.03
iy
I) j. I: .,,y I ni,
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ARTICLE VII
INITIAL BOARD OF DIRECTORS
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C 7;,-
If you are a
victim of abuse:
GET SAFE ! The Safe Harbor
Know the Safe Harbor Center
hotline number: 430-
2120 a Program of Samaritan House
Don't get trapped in a
kitchen or bathroom.
Plan escape route. The Safe Harbor Center is funded
by the Family Violence Prevention
Take your children with Fund (Victims of Crime Act,)
you. through the State Dept. of Social
Know a safe place to go. Services, The Virginia Law Foun-
dation, the Tidewater Children's
Have extra car keys and Foundation, the United Way of
cash hidden away, use South Hampton Roads, and our
them now. generous donors. For more infor-
mation about Safe Harbor, or to 3145 Virginia Beach Blvd.
Store important papers volunteer, call 631-0710 Virginia Beach, VA.
and phone numbers
with a trusted friend.
Tell a Neighbor about
his violent behavior.
Arrange a signal so police Hours of Operation
can be called if needed. 8:00 a.m. - 11:00 p.m.
weekdays
If all else fails and you Walk-Ins Welcome
cannot escape, pretend to 24 HOUR HOTLINE!
faint. IT MAY STOP THE ABUSE. 430-2120
Train older children to get
to a safe place (pre-
arranged,) and get help. UnitedWay
Teach younger children how
to dial 911, memorize their
address and phone number. of South Hampton Roads
The Safe Harbor Center
A program of Samaritan House I I @n etc wzs
a safe community place for families be th;t wayiga, .n.
Domestic violence has aP you, or a one aft @r offers victims of
destroyed enough lives. It has ha mff@ at the hands of wm@
reached epidemic proportions one @ was supposed to 6w, closinestic violence a wealth of
in our Cities, and in our c"h and nurture you. A gwred resources and services which
nation. trim was bmken. validate the @'s experience,
Victims come from all 0 Every 9 ftmnds a woman in and giw her options and
resources. 'Mis reduces isolation,
social classes, economic this country is battered.
and educational 42% of all women murdered gives victims a new found sense of
backgrounds. Battering in this country @ murdered @r and control over their
occur, in all ages, by a own lives, which ultimately
results in elimination of
domestic abuse for this and
ethnic and husband or boyfriend. future generations.
religious cultures. 75% of di women killed n a
0 97% of all women beaten muk of domestic abuse are Servic" offered at Safe H"bor
try men do not come into UW AFRER they lime tried include:
an emergency shelter to team.
They want the abuse to Mom women enter our n&
stop, but they are tion'g emergency rooms as a
unwilling or unable to get result of domestic violence in- Free
out@ *" than all other causes
0 Women stay with the em@ O&m than Support groups for women
abuser because it is safer. gh and @ents.) and n.
Violence escalates when 95% of all victims are @en, Individual advocacy and
the victim attempts to beaten lyy men short term counseling
leave. be physical, A wif help resource library
. Economic dependence is Psychical. Emergency shelter in
another reason why llw ARA reports 33 @ 37% of all Samaritan House's SOS
women stay. Wwred "@n are pregnant
@ ba@ Program
a Often women feel llw @ of Di@ reports dat + Crisis intervention - 24 hours
powerless and like they @tic violence is me of the per day
have no options. They "&ng m@ of birth defects. 4 transportation to a safe place
are isolated physically 0 Other community services
Question 16
2.4 NONDISCRIMINATION POLICY 21
Be it hereby resolved that the Board of Directors, Virginia Beach Ecumenical
Housing, Inc., (T/A Samaritan House), has had and will continue to have as its
operating policy the following:
All recipients of services of said corporation, including the public at large, program
beneficiaries, volunteers and personnel shall not be subjected to discrimination
because of their: race, color, creed, belief or religion, sex, national origin, age,
mental or physical handicap, political affiliation or past participation in the
discrimination complaint process.
Further, effective immediately, program beneficiaries must be notified that they
shall not, o the above grounds, (a) be excluded from participation in, (b) be denied
the benefits of, or (c) be otherwise subjected to discrimination under Samaritan
House programs or activities. They will also be notified that no qualified individual
with handicaps shall, on the basis of handicap, be subjected to discrimination in
employment or volunteer service under Samaritan House programs or activities.
Further, no person may be denied employment on the basis of sex in connection
with Samaritan House programs or activities.
Lastly, program beneficiaries, staff, and volunteers will be notified that they have a
right to file a discrimination complaint, as well as what the procedures for filing
such a complaint are, if they feel they have been subjected to discrimination on
any of the above named grounds.
This notification shall be made a) annual in a Samaritan House Newsletter and b)
in the Policy and Procedures Handbook of Samaritan House (to be signed and
dated by all personnel).
This resolution of the Board of Directors was made and passed on the 28th day of
January, in the year 1991.
Signature:
Date:
18 (e)
Centerfor Mary Elizabeth Lynch, Esq.
Mediation Cape Henry Professional Centre
,Ott L aw 2244 Smistatcs Co@L - Suite 106 - Virginia Beach, Virginia 23451,1300
Telephone 7571496,3685 - Fax 757/496,8141
November 24, 1997
Larry Spencer, Esq.
City Attorney's Office
Municipal Center
Virginia Beach, Virginia 23456
RE: Samaritan House's Tax Exempt Status
Dear Mr. Spencer:
I am writing in response to our phone conversation of last
Friday, November 14, 1997, at which time you informed me that you
believed the Samaritan House, Inc., is not exempt from real estate
taxes due to the fact that the organization changed its name from
Virginia Beach Ecumenical Housing, Inc., to Samaritan House, Inc.
You stated to me that although the General Assembly has exempt
Virginia Beach Ecumenical Housing, Inc. from property taxation,
that exemption does not extend to the Samaritan House, Inc. I
disagree.
I have reviewed the statute and the recent case law regarding
property exempt from taxation. Virginia Code Section 58.1-3650
sets out the requirements an organization must meet in order to
acquire a tax exempt status. The statute does state that the
requirements for tax exempt status shall be strictly construed in
accordance with the provisions of Article X, Section 6(f) of the
constitution of Virginia.
I believe your position is based on the statute's language of
strict construction. However, case law interpretation of the
statute demonstrates that the statute's directive of "strict
construction" applies to the underlying requirements involved in an
organization obtaining tax exempt status.
That is not this case. In this case, the organization has met
the strict requirements necessary to obtain tax exempt status. The
only issue here is that the organization changed its name from
Virginia Beach Ecumenical Housing, Inc., to the Samaritan House,
Inc.
Virginia Beach Ecumenical Housing, Inc. has been trading as
Samaritan House, Inc., for a lengthy period of time. I have
offered to provide documentation of this fact to you. The
organization decided to change its name to Samaritan House, Inc.,
because the Board of Directors felt that the community at large was
more familiar with the name, Samaritan House, Inc. The name change
Family Law S Divorce Mediation o Employment Law Mediation & Commercial Dispute Mediation
Question 18 (e)
was contemplated for that reason only, and not for any other
purpose. To use the statute's language of strict construction in
this instance to deny tax exempt status to the Samaritan House,
Inc. is to undermine the purpose and intent of the General Assembly
in granting tax exempt status to this organization.
I believe we are in agreement that the purposes and activities
of the Samaritan House, Inc., qualify the organization for property
tax exempt status. The General Assembly granted tax exempt status
to the organization based on the fact that the organization met the
statutory requirements necessary to qualify for exemption from
property taxation. The only change is the name of the
organization, not its activities and/or mission. As a result, a
strict construction of the statute to deny the Samaritan House,
Inc. exemption from property taxation would result in a great
injustice. This organization has met all requirements necessary
to enjoy a tax exempt status under the law.
As I stated to you on the phone, the Samaritan House, Inc. is
prepared to apply for a change in the designation of its name under
the statute. In addition, the organization will supply
documentation to show that the Virginia Beach Ecumenical Housing,
Inc. traded as Samaritan House, Inc., and that both organizations
are one in the same.
I look forward to hearing from you at your earliest
convenience with respect to your office's decision regarding this
matter.
sincerely yours,
Lynch
MEL/
cc: Ellen Ferber
28
Item V-K.2.
ORDINANCES/RESOLUTIONS ITEM # 43137
Upon motion by Vice Mayor Sessoms, seconded by Councilmtln Branch, City Council ADOPTED:
Resolution of endorsement to the Commonwealth Transportation
Board re The Ferry Plantation House Restoration, Phase I, as a
proposed project for the Federal Transportation Enhancement
Program (80%-20% match), authorized by the Intermodal Surface
Transportation Efficiency Act (ISTEA).
Voting: II -0 (By Consent)
Council Members Voting Aye.
John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr.,
Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Louisa A4 Strayhorn
Council Members Voting Nay
None
Council Members Absent:
None
Janua 27, 1998
1 RESOLUTION OF ENDORSEMENT TO THE COMMONWEALTH TRANSPORTATION
2 BOARD FOR THE FERRY PLANTATION HOUSE RESTORATION, PHASE I PROJECT
3 AS A PROPOSED TRANSPORTATION ENHANCEMENT PROJECT
4 WHEREAS, the Virginia Department of Transportation, along with the Virginia
5 Department of Rail and Public Transportation and the Federal Highway Administration, has
6 announced the availability of Transportation Enhancement Funds for qualified projects; and
7 WHEREAS, approximately 15 million dollars may be available to Virginia localities for
8 transportation enhancement projects during the 1998-99 fiscal year; and
9 WHEREAS, the City Council has been advised that projects funded by this program require
I 0 a local match, either in-kind or cash, of twenty percent; and
I I WHEREAS, the City Council has been further advised and acknowledges that in the event
1 2 the City elects to cancel a project funded by this program prior to its completion, the City shall
1 3 be required to reimburse the Virginia Department of Transportation for funds expended for such
1 4 project; and
15 WHEREAS, the Metropolitan Planning Organization has endorsed the City's proposed
16 transportation enhancement project; and
17 WHEREAS, in accordance with Commonwealth Transportation Board construction
18 allocation procedures, a resolution of endorsement must be received from the City Council
19 before the Virginia Department of Transportation will program an enhancement project in the
20 applicant's locality; and
21 WHEREAS, the City Council recognizes the importance of transportation enhancement
22 projects as a way of integrating transportation into our community and natural environment.
23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
24 VIRGINIA BEACH, VIRGINIA: That the Council hereby endorses to the Commonwealth
25 Transportation Board the Ferry Plantation House Restoration, Phase I proposed transportation
26 enhancement project.
27 ADOPTED by the Council of the City of Virginia Beach, Virginia, this 27 day of
28 January 1998. APPROVED AS TO CONTENTS
APPROVED AS TO FQRM
STGNA !JR'[
Commonwcalth of Virginia
TRANSPORTATION
Enhancement
P R O G R A M APPLICATION FORM FOR CANDIDATE PROJECT
1. APPLICANT (Gmup, Agency, etc.) Name and Address
CITY OF VIRGINIA BEACH
PLANNING DEPARTMENT, ROOM 115
2405 COURTHOUSE DRIVE, VIRGINIA BEACH, VA. 23456
2 RESPONSIBLE PERSON/TITLE Telephone Number (757) 427 - 4621
ROBERT J. SCOTT, DIRECTOR OF PLANNING
3. ENHANCEMENT ACTIVITY NUMBERS tsee instructions. Circle ail that apply).-
0 3 4 (D 7 8 10
4. PROJECT LOCATION AND DESCRIPTION
Project Title: FERRY PLANTATION HOUSE RESTORATION, PHASE 1
Project Size (Size Of PrOjeCt/Acreage): 6,000 square feet (.14 acre)
Project Location Project Description
(Include Streets, County and Municipalities..) (attach site location map):
CITY OF VIRGINIA BEACH SEE ATTACHMENT
4136 CHESWICK LANE
(add additional pages as needed)
5. PRIORITY NUMBER of this project is 1 The total number of projects submitted 1
6. DATE OF PUBLIC HEARING JANUARY 27, 1998
Attach copy of public no6ce.
Have the local government bodies officially supported/endorsed this project.? Yes X No
Attach documentation including resolution. Also document support from any other civic Or Public interest groups or organizations.
Has the MPO officially endorsed the project? Yes X No NA
Attach documentation (if applicable).
7. PROJECT CONSTRUCTION/IMPLEMENTATION SCHEDULE (month and year)
Begin Design 8/98
Begin Construction/Implementation 9/98
Estimate completion date of project 6/99
8. OWNERSHIP Who will own/maintain the completed project?
OWNERSHIP BY CITY OF VIRGINIA BEACH, MAINTAINANCE IN PARTNERSHIP WITH
THE FRIENDS OF THE FERRY PLANTATION HOUSE, INC. (F.O.F.P.H. Inc.)
9. ESTIMATED TOTAL COST OF THE PROJECT
Non-federal participation (applicant match) $ 93,550
(minimum 20% of cost)
Federal participation requested $ 108,450
Total project cost $ 200,000
Non-federal Funds Status
List of Source(s) (confirmed/anticipated) Amount
CITY OF VIRGINIA BEACH CONFIRMED $68,550
CITY OF VIRIGNIA BEACH CONFIRMED $ 2,000
VA. BEACH FOUNDATION CONFIRMED $ 1,000
F.O.F.P.H. Inc. ANTICIPATED $22,000
Project cost breakdown (sub-totals):
Planning and Design $ 30,000
Land Acquisition $ 0
Utility Relocation $ 0
Construction/Implementation $170,000
Describe in detail any tangible in-kind match you propose for the match requirement.
SEE ABOVE FOR CONFIRMED PARTICIPATION AND FUNDING
10. BENEFITS SEE ATTACHMENT
How does the candidate project support the eligible category and satisfy the Intermodal Surface Transportation Efficiency
Act definition for Transportation Enhancement Activities? Please address benefits and public use anticipated. Use additional
8½ x 11 sheets if needed.
11. SIGNATURE (Responsible Person)
Date 1-9-98
MAILING ADDRESS AND TECHNICAL ASSISTANCE
Please mail seven copies of your completed application package to the following address:
Mr. Robert O. Cassada
Programming and Scheduling Division
Virginia Department of Transportation
1401 East Broad Street
Richmond, Virginia 23219
Please mark all attachments with project name and location.
4. PROJECT LOCATION AND DESCRIPTION - (Attachment to application)
TITLE: Ferry Plantation House Restoration, Phase 1
LOCATION: City of Virginia Beach, 4136 Cheswick Lane
on the west side of the western branch of the Lynnhaven River
(east of Independence Boulevard, north of Pembroke Boulevard)
This project is located in the City of Virginia Beach. Funds are being requested for Phase 1 of the
restoration of a estimated 175-year old house to comply with city housing codes and preserve it
as an historic structure. The Ferry Plantation area was once an integral part of the colonial
transportation system when a ferry operated to carry people and goods across the western branch
of the Lynnhaven River. The area has seen activity relating to recorded history since the 1642.
Several buildings have occupied the site, including a brick courthouse, tavern, jail, and manor
house. The remaining structure, known as the Ferry Plantation Manor, was constructed circa
1830. The Plantation house has been vacant for ten years and is now boarded up after being
frequently vandalized. Much work is needed, including stucco repair, porch replacement,
installation of a heating and cooling system, plumbing and electrical work, and repair and
restoration of the Ferry Plantation to the 1800s period. The restoration is needed to realize the
main objectives of the project: 1) restore the house to period standards and 2) preserve and use
the house as a home for an archival collection of Princess Anne County history, archaeological
displays, and site history displays. The purpose of the Ferry Plantation House project would be
to feature the contributions of historical, environmental, and transportation themes to the local,
regional and statewide area. One of the main features would present the important function of the
Lynnhaven River as a transportation system. The Ferry Plantation would have been the
destination for commercial, legal and social life of this area as ferry packets traveled the
Lynnhaven waterways in the 17th, 18th, and 19th centuries, bringing passengers, mail and cargo
to its dock. A partnership between historical and environmental groups would be formed to
enable the museum to display artifacts (especially those recovered on site and now in storage in
Colonial Williamsburg), maintain a research library, and provide educational programs.
10. BENEFITS - (Attachment to application)
TITLE: Ferry Plantation Manor Restoration, Phase 1
LOCATION: City of Virginia Beach, 4136 Cheswick Lane
on the west side of the western branch of the Lynnhaven River
(east of Independence Boulevard, north of Pembroke Boulevard)
The Ferry Plantation Manor is located near the Western Branch of the Lynnhaven River. It is the
site of the original house built in 1780 by William Walke. During that period the local
government was Princess Anne County, since incorporated as the City of Virginia Beach. The
present house, built on or near the same foundation, was built circa 1830. The site has a long
history. With the topography of Princess Anne County, it was necessary to have ferries for
travel. Known as Witchduck Point, in 1642 Savill Gaskin operated a ferry to and from this point
across the Lynnhaven River. In 1730 Charles and Elizabeth Smyth deeded to the Princess Anne
County "a two-acre plot at the ferry" for the site for a brick court building. Historically referred
to as Ferry Farm, it was the third courthouse to serve Princess Anne County and the first to be
made of brick. In 1735, 'Moore' sold to Thomas Martin the Ferry, reserving to Moore the
bridge 'now building over ferry." One of the earliest duties of the Parish vestries was the
maintenance of ferries. Evidence from a painting showing the Ferry Farm prior to 1830 indicates
the location of the ferry that ran to Little Neck, on the opposite shore of the Western Branch of
the Lynnhaven River.
The only surviving structure on the property is a brick farmhouse which dates to circa 1830. It
is one of the few remaining central-passage plans from the Federal period in Virginia Beach and
one of the most elaborate houses remaining from this period. Because the Ferry Plantation Manor
has remained vacant for ten years, it is in poor condition. It was recommended as eligible for the
National Register of Historic Places by a consulting firm that completed a reconnaissance
architectural survey for the City of Virginia Beach and the State Department of Historic Resources
in 1992. Restoration of the house is important for its historic significance and as a reminder of
the role the house, the surrounding property, and the location played in the cultural and
commercial life of early Princess Anne County. With the restoration of the house, plans could
be made to make the house available to the public (especially schools) for educational functions.
A study room or library would be featured, presenting a collection of local historical data, with
an emphasis on the significance of early transportation systems, such as the use of ferries and
similar modes of transportation, in the development of local and regional lifestyles and
economies. Artifacts collected from a 1987 Colonial Williamsburg Foundation salvage excavation
of an 18th- century cellar located on the grounds of the Ferry Planation Manor could be displayed
at the house. The archaeological materials recovered represent one of the best preserved findings
of 18-century artifacts discovered in the Middle Atlantic region. Other artifacts recovered in 1997
by an Archaeological Society of Virginia will also be displayed. Emphasis would also be placed
on environmental education programs in partnership with local organizations since there is a close
relationship between environmental and historical preservation, The site borders on the Western
Branch of the Lynnhaven River and provides an excellent opportunity to relate the significance
of the city's waterways in both the historical and environmental interpretations.
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FERRY PLANTATION HOUSE RESTORATION, PHASE 1
4136 CHESWICK LANE, VIRGINIA BEACH, VA.
COMMUNITY SUPPORT FOR FERRY PLANTATION HOUSE
CMSS ARCHITECTS, Virginia Beach
Preparing pro bono a master plan for restoration for adaptive re-use.
VIRGINIA SOCIETY OF AIA - HISTORIC RESOURCES COMITTEE
Will hold all-day meeting on site February 13, 1998, at Ferry to study and
make recommendations for preservation and restoration.
VIRGINIA WESLEYAN COLLEGE, Norfolk
Spring semester 1998 history intern class is researching the history of the
Ferry Plantation site. Recorded history dates to 1642.
A work-study student (with career plans to be an archaeologist) will spend
1998 spring semester working at Ferry.
TIDEWATER COMMUNITY COLLEGE, Chesapeake
Interior design class is using Ferry Plantation House as the spring semester
1998 project to research period design and provide sketches for interior spaces.
VIRGINIA BEACH FOUNDATION
Has awarded Friends of the Ferry Plantation House, Inc. two grants:
1996 - $1,000 to pay in part for historical architects' report.
1997 - $1,000 to pay in part for collection of information and video footage
to be used in planned video documentary of the history of the site.
SHERIFF FRANK DREW'S COMMUNITY WORK FORCE, Virginia Beach
In 1997 the crawl space rubble was removed as well as the foundation planting.
Will provide additional manpower for coming phases of the project.
ARCHEOLOGICAL SOCIETY OF VIRGINIA, Nansemond Chapter
Completed two projects in 1997:
1. a 5'x5' dig uncovered part of the intact brick floor of the English
basement of the Walke manor house, ca 1780 which preceded Ferry Plantation
House on the site and burned in 1828.
2. Supervised screening and collection of artifacts recovered in removal of
crawl space rubble.
ASV plans additional archaeological work in 1998.
OLD DONATION FARM HOMEOWNERS ASSOCIATION, Virginia Beach
This community which surrounds Ferry Plantation House has asked the Friends to
prepare a master landscaping plan to include the entrance to the community,
their common open spaces, their pier and boat ramp on the Lynnhaven River, as
well as the land and parking area belonging to Ferry. The association is
supportive of the proposed plans for restoration of Ferry Plantation House which
is the focal point of their neighborhood.
HISTORIC REVIEW BOARD, Virginia Beach
Passed a resolution in 1997 in support of the plans of the Friends to "maintain
this historic resource."
continued
FERRY PLANTATION HOUSE RESTORATION, PHASE 1
4136 CHESWICK LANE, VIRGINIA BEACH, VA.
COMMUNITY SUPPORT FOR FERRY PLANTATION HOUSE (continued)
ARAGONA GARDEN CLUB, Virginia Beach
Has made a financial commitment for $500 for landscaping.
KELLAM HIGH SCHOOL, junior English class
Volunteering to help with elbow grease during restoration and help with
November 1997 "PUMPKIN FLING IN PUNGO" fundraiser sponsored by the Friends.
FRIENDS OF THE FERRY PLANTATION HOUSE, INC.
A nonprofit organization organized January 1995 for the purpose of saving
and restoring to the community this historic house and site. FOFPH, Inc.
signed a public-private partnership in January 1997 with the City of
Virginia Beach, owner of Ferry Plantation House, for the purpose of resto-
ration of the property.
Many citizens and local businesses have given early help either at no or
low cost for work on the house and for the first annual "PUMPKIN FLING IN
PUNGO" sponsored by the Friends. This event included Hayrides into History,
Pumpkin Games, Auction, Line Dancing, Flea Market, Plant Sale, etc.
FERRY PLANTATION HOU@j@.
4136 CHFSWTCK F,ANF, 'R(
am a
Archeologists find
200-year-old remains
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of plantation house has beer
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VIRGINIA BEACH - He didn't find part of the manor house's @ p=d.
The initial obj@ was me,.
gold or the way to Thin but what basement. but the finds lead to mor,
@ Eckard uncovered mw the 'It really was Md@
past four days is definitely a @cL '@ is part of the eady histo- @ons. piece of the pu=le.
treasure. "Xs one -"a
Eckard, a local amateur archae- ry@V SaK @ pie="
olo@ s=t the weekend and part can@ Hazzard said when glass
of Tues6y di@ outside the his- ftW in a arm
tonc Ferry Plantation House in was n=
hopes of finding artifacts, as well as A
the foundation. The 167-year-old wit ra
house, on Old Donation Farm, is be- du the
R
ing restored by Friends of the Fer- of the
ry Plantation House, a nonprofit foundation.
group that hlmd Eckard to look for "Now you can sm
any premous pie= of history be- about rootm how the place w
fore the clean-up begins. laid out," he adde& "It's @ pef
He didn't find the foundation, ing back one page of the histc
but Eckard did discover a toppled T=ILII
bnck partition wall hand-wrought And, if any artifacts dating t
nails and a c am layer that in- F4. fom 1780 could be found, the
eluded melted glass, chunks of would be @de= supporting t
burned bricks and mortar - proof @s @c @ which
that the 1780 manor house burmed cludes co@ witch Grace Sht
down wood and one of the =mtys m(
"It's evidence of what I thought VP promment early residents, Anthc
was there," said Eckard, 26, presi- Walke.
dent of the Nansemond chapter of what comes ne= is m the hw
the Archaeological Society of of Eckard and Jo Howmn. pro
v@ 'ARGIKIA dent of the Friends group.
nm ge= got better Tuesday, "That was just one tee
when Eckard and another archaeol- SUFFOLK square," said of the 5-i
ogist David Hazzard. of the Ports- hole. 'It leaves you wanting mor
mouth office of the Virginia Depart
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29 -
Item V-L.
PUBLIC HEARING ITEM # 43138
PLANNING
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on
PLANNING
1. DAVISVILLE PROPERTIES, L.L.C. NON ACTION ITEM
CHANGE OF ZONING
DEFERRED BY PLANNING
2a. BAYVILLE FARMS ASSOCIATES, L.C. STREET CLOSURE
2b. R. LEWIS BOGGS STREET CLOSURE
2c. POTTERS ROAD INVESTMENT GROUP STREET CLOSURE
2d THE RUNNYMEDE CORPORATION STREET CLOSURE
3. JOHN B. AND JUNE H. MYERS VARIANCE
4. ABUNDANT LIFE MINISTRIES CONDITIONAL USE PERMIT
5. FAITH MISSION C.O.C.D. CONDITIONAL USE PERMIT
6. MARTHA L. MARCEL CONDITIONAL USE PERMIT
January 27, 1998
30
Item V-L.
PUBLIC HEARING ITEM # 43139
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council APPROVED in one
motion Items 2, 3, 4, and 5 of the PLANNING BY CONSENT.
Item 2a. was DEFERRED until the City Council Session of February 10, 1998.
Item 2b was AUTHORIZED for an additional 180 Day Deferral until the City Council Session of July 14,
1998.
Item 2c was AUTHORIZED for an additional 180 Day Deferral until the City Council Session of July 14,
1998.
Item 2d was AUTHORIZED for an additional 180 Day Deferral until the City Council Sevsion of July
14, 1998.
Item 2e was APPROVED subject to compliance of conditions within 180 days (July 14, 1998).
Voting: 11-0
Council Members Voting Aye.
John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr.,
Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Louiva A4 Stra
Council Members Voting Nay
None
Council Members Absent.
None
January 27, 1998
31
Item V-L.1.
PUBLIC HEARING ITEM # 43140
PLANNING
City Council took NO ACTION, as this application was DEFERRED BY PLANNING COMMISSION 14
January 1998.
Application of DAVISVILLE PROPERTIES, L.L.C. for a Change of Zoning District
Classification from R-10 Residential District and B-2 Community Business District to
Conditional B-2 Community Business District at the Southwest intersection of First
Colonial Road and Republic Road, containing 11.681 acres more or less (LYNNHAVEN
BOROUGH).
January 2 7, 1998
- 32
Item V-L.2.a.
PUBLIC HEARING ITEM # 43141
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council DEFERRED TWO
WEEKS until the City Council Session of February 10, 1998, Ordinance upon application of BAYVILLE
FARMS ASSOCIATES, L.C. for the discontinuance, closure and abandonment of a portion of First Court
Road, subject to compliance of conditions by January 27, 1998.
Ordinance upon application of Bayville Farms Associates, L.C. for
the discontinuance, closure and abandonment of a portion of First
Court Road beginning at the southern boundary of Shore Drive
and running in a southwesterly direction a distance of 1165.07
feet. Said parcel contains 1.42 acres. BAYSIDE BOROUGH
Voting. 11-0 (By Consent)
Council Members Voting Aye.
John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice
Mayor William D. 5evsoms, Jr and Louisa M Stravhorn
Council Members Voting Nay
None
Council Members Absent.
None
Janua 27, 1998
33
Item V-L.2b.
PUBLIC HEARING ITEM # 43142
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council AUTHORIZED AN
ADDITIONAL 180-DAY DEFERRAL to the City Council Session of July 14, 1998, Ordinances re
discontinuance, closure and abandonment upon application of R. LEWIS BOGGS (Harris-Teeter)
(VIRGINIA BEACH BOROUGH). (Parcels 1 and 2).
Parcel 1. Alleyway located between 29th and 30th Streets
beginning at the Western boundary of Arctic Avenue and running
in a Westerly direction to the Eastern boundary of Holly Road.
Parcel 2: Alleyway located 140.15 feel North of 27th Street
beginning at the Eastern boundary of Holly Road and running
49.93 feet in an Easterly direction (Parcels 1 and 2 contain
6086.45 square feet).
Voting. 11-0 (By Consent)
Council Members Voting Aye.
John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louiv R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancj, K Parker, Vice
Mayor William D. Sessoms, Jr and Louisa Al Stravhorn
Council Members Voting Nay
None
Council Members Absent.
None
January 27, 1998
34
Item V-L.2c.
PUBLIC HEARING ITEM # 43143
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council AUTHORIZED AN
ADDITIONAL 180-DAY DEFERRAL to the City Council Session of July 14, 1998, Ordinance upon
application of the POTTERS ROAD INVESTMENT GROUP for the discontinuance, closure and
abandonment of a portion of Potters Road.
Application of Potters Road Investment Group for the
discontinuance, closure and abandonment of a portion of Potters
Road beginning at the southeast intersection of Potters Road and
Wesley Drive and running in a easterly direction a distance of 270
feet more or less. Said parcel contains 6.577.56 Square feet.
LYNNHAVEN BOROUGH
Voting. 11-0 (By Consent)
Council Members Voting Aye.
John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr.,
Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S
McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Louisa M @traVhorn
Council Members Voting Nay.
None
Council Members Absent:
None
January 27, 1998
35
Item V-L.2.d.
PUBLIC HEARING ITEM # 43144
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council AUTHORIZED AN
ADDITIONAL 180-DAY DEFERRAL to the City Council Session of July 14, 1998, ordinance upon
application of THE RUNNYMEDE CORPORATION for the discontinuance, closure and abandonment
of the following streets:
Petition of The Runnymede Corporation for the discontinuance,
closure and abandonment of the following streets:
Pine Street: Beginning at the Southern boundary of Fourth Street
and running 457.03 feet in a Southerly direction to the Northern
boundary of South Boulevard.
Poplar Street: Beginning at the Southern boundary of Fourth
Street and running 456.99 feet in a Southerly direction to the
Northern boundary of South Boulevard.
Said streets contain 1.385 acres. LYNNHAVEN BOROUGH.
Voting: 11-0 (By Consent)
Council Members Voting Aye
John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Louisa M. 5travhorn
Council Members Voting Nqi@
None
Council Members Absent,
None
Janua 27, 1998
36
Item V-L-2.e.
PUBLIC HEARING ITEM # 43145
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council APPROVED, subject
to compliance in 180 days (14 July 7998), petition of DEFORD LIMITED, a Virginia Corporation for
the discontinuance, closure and abandonment of a portion of Wishart Point Court
Petition of DeFord Limited, a Virginia Corporation for the
discontinuance, closure and abandonment of a portion of Wishart
Point Court beginning on the Eastern boundary of Battle Royal
Circle and running in an easterly direction a distance of 538.18.
Said parcel is 30 feet in width and contains 14.711 square feet.
BAYSIDE BOROUGH
The following conditions shall be required:
1. The City Attorney's Office will make the final
determination regarding ownership of the underlying
fee. The purchase price to be paid to the City shall be
determined according to the "Policy Regarding
Purchase of City's Interest in Streets Pursuant to Street
Closures," approved by the City Council. Copies of the
policy are available in the Planning Department.
2. The applicant is required to resubdivide the property
and vacate internal lot lines to incorporate the closed
area into the adjoining parcels. The plat must be
submitted and approved for recordation prior to final
street closure approval.
3. The applicant is required to verify that no private
utilities exist within the right-of-way proposed for
closure. Preliminary comments from the utility
companies indicate that there are no private utilities
within the right-of-way proposed for closure. If private
utilities do exist, easements salisfactory to the utility
company must be provided.
4. An acceptable access way for future maintenance of the
lakes, and any needed impoundment easements, must be
established prior to the street being closed.
5. Closure of the right-of-way shall be contingent upon
compliance with the above-stated conditions within 180
days of approval by City Council (14 July 1998).
Voting. 11-0 (By Consent)
Council Members Voting Alve,
John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr.,
Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S
McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr and Louisa A4 Stravhorn
Council Members Voting Nali
None
Council Members Absent:
None
Januar
.y 2 7, 1 998
37
Item V-L.3.
PUBLIC HEARING ITEM # 43146
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council APPROVED
Application of JOHN B. and JUNE H. MYERS for a Variance to Section 4.4(b) of the Subdivision
Ordinance which requires lots created by subdivision meet all requirements of the City Zoning Ordinance.
Appeal to Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for John B. &
June H. Myers. Property is located at 4012 Richardson Road.
BAYSIDE BOROUGH
The following condition shall be required:
1. The final subdivision must identify right-of-way
dedication to provide for an ultimate right-of-way of 40
feet along Richardson Road. Approximately 8 feet of
additional right-of-way is needed.
Voting: 11-0 (By Consent)
Council Members Voting Aye
John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr.,
Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf,' Nancy K. Parker, Vice
Mayor William D Sessoms, Jr and Louisa M Stra,vhorn
Council Members Voting Nal@
None
Council Members Absent:
None
January 2 7, 1998
38 -
Item V-L.4.
PUBLIC HEARING ITEM # 43147
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED an
Ordinance upon application of ABUNDANT LIFE MINISTRIES for a Conditional Use Permit.
ORDINANCE UPON APPLICATION OF ABUNDANT LIFE
MINISTRIES FOR A CONDITIONAL USF PERMIT FOR A
CHURCH AND A SCHOOL RO1982165
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Abundant Life Ministries for a
Conditional Use Permit for a church and a school on the north
side of Indian River Road, 150 feet more or less west of Military
Highway. Said parcel is located at 6530 and 6532 Indian River
Road and contains 3.636 acres. KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. The church is limited to the 2,916 square-foot unit
indicated on the submitted site plan.
2. The church is limited to 215 seats.
3. The conditional use permit is approved for a period
of one (1) year.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-seventh of January, Nineteen
Hundred and Ninety-Seven.
Voting: 11-0 (By Consent)
Council Members Voting Aye.
John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndor
.f Nancy K, Parker, Vice
Mayor William D. Sessoms, Jr and Louisa A4 Stravhorn
Council Members Voting Nay,
None
Council Members Absent.
None
January 2 7, 1998
39 -
Item V-L.5.
PUBLIC HEARING ITEM # 43148
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED an
Application of FAITH MISSION C.O.C.D. for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF FAITH MISSION
C.O.C.D. FOR A CONDITIONAL USE PERMIT FOR A CHURCH
RO1982166
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Faith Mission C.O.C.D. for a
Conditional Use Permit for a church on the south side of Lake
Edward Drive, 134.76 feet more or less west of Newtown Road.
Said parcel is located at 575 Lake Edward Drive and contains
7,370 square feet. BAYSIDE BOROUGH
The following conditions shall be required:
1. Category IV landscaping shall be installed along the
entire West side of the building. A planting bed
consisting of shrubs and ornamental grasses not to
exceed three feet (3) in height will be installed on the
Northwest corner of the site, adjacent to the alley and
Lake Edward Drive.
2. The maximum number of seats in the church shall be 60.
This Ordinance shall be effective in accordance, with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-seventh of January, Nineteen
Hundred and Ninety-Seven.
Voting. 11 - 0 (By Consent)
Council Members Voting Aye
John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr.,
Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker Vice
Mayor William D. Sessoms, Jr. and Louisa Al Stra@,horn
Council Members Voting Nqy.
None
Council Members Absent
None
January 27. 1998
40
Item V-L.6.
PUBLIC HEARING ITEM # 43149
PLANNING
Martha Marcel, the applicant represented herself
Carl Pearson, U-Haul Representative, spoke in support
Upon motion by Council Lady Strayhorn, seconded by Councilman Branch, City Council DEFERRED until
the City Council Session of February 10, 1998, Ordinance upon application of MARTHA L. MARCEL for
a Conditional Use Permit.
ORDINANCE UPON APPLICATION OF MARTHA L. MARCEL
FOR A CONDITIONAL USE PERMIT FOR VEHICLE AND
TRAILER RENTALS (U-HAUL)
Ordinance upon application of Martha L. Marcel for a
Conditional Use Permit for vehicle & trailer rentals (U-Haul) on
Parcels A4 and A5, Parcel 4, Cedar Hill Section A. Said parcel is
located at 5660 Indian River Road and contains 4,821 acres.
KEMPSVILLE BOROUGH
Voting: 10-1
Council Members Voting Aye,
Linwood 0. Branch, III, William W. Harrison, fr., Harold
Heischober, Barbara M Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice
Mayor William D Sessoms, Jr. and Louisa Al Sir(lvhorn
Council Members Voting Nov.
John A. Baum
Council Members Absent.
None
January 27, 1998
41
Item V-M.
APPOINTMENTS ITEM # 43150
Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED:
C. Max Bartholomew, Jr.
J. Scottie Griffin
Helen P. Shropshire
Gene A. Woodard
Three-year Terms
02/01/98 - 01/31/2001
HUMAN RIGHTS COMMISSION
Voting: 11-0 (By Consent)
Council Members Voting 4))e
John A. Baum, Linwood 0. Branch, Ili, William W Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reha S
McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr and Louisa A4 Stravhorn
Council Members Voting Nay
None
Council Members Absent.
None
Janua 27, 1998
42
Item V-N.1a.
NEW BUSINESS ITEM # 43151
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADDED TO THE
AGENDA:
Resolution of Appreciation to Virginia Beach Delegation for their
support of funding and other issues in the 1998 Virginia General
Assembly.
Voting. 11-0
Council Members Voting Aye.
John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr.,
I-Iarold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice
Mayor William D. Sessoms, Jr and Louisa M 5travhorn
Council Members Voting Nay
None
Council Members Absent.
None
January 2 7, 1998
- 43
Item V-N.1b.
NEW BUSINESS ITEM # 43152
Upon motion by Councilman Branch, seconded by Vice Mayor Sessoms, City Council ADOPTED:
Resolution of Appreciation to Virginia Beach Delegation for their
support of funding and other issues in the 1998 Virginia General
Assembly.
Voting.- 11-0
Council Members Voting Aye
John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan Mayor Meyera E. Oberndorf Nancy K, Parker, Vice
Mayor William D. Sessoms. lr. and Louiva A4 Strai@horn
Council Members Voting Nay.
None
Council Members Absent:
None
Janua 2 1998
1 A RESOLUTION EXPRESSING CITY COUNCIL'S
2 APPRECIATION TO THE MEMBERS OF THE
3 CITY'S LOCAL DELEGATION TO THE GENERAL
4 ASSEMBLY FOR THEIR SUPPORT OF STATE
5 FUNDING FOR VARIOUS CITY PROJECTS AND
6 PROGRAMS
7 WHEREAS, members of the City s local delegation to the
8 General Assembly have introduced bills to amend the State's
9 proposed FY 1998-2000 Biennial Budget by the inclusion of funding
10 for a Rudee Inlet Dredging Study ($650,000); the Virginia
21 Contemporary Center for the Arts ($250,000); Operating expenditures
12 ($1,800,000) and capital expenditures ($4,000,000) for the Virginia
-,3 Marine Science Museum; and the Huricane Protection Project
14 ($10,000,000); and
15 WHEREAS, all of these projects and programs are of vital
6 importance to the continued growth of the City's economy, in
-7
general, and its tourism, in particular.
18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
19 CITY OF VIRGINIA BEACH, VIRGINIA:
-0
Z. That City Council hereby expresses its appreciation to
21 the members of the City's local delegation to the General Assembly
22 for their support of State funding for these important City
23 programs and projects, and for all of their other efforts on behalf
24 of the City and its citizens.
25 BE IT FURTHER RESOLVED:
26 That the City Clerk is hereby directed to transmit a
27 certified copy of this resolution to each member of the City's
28 local delegation to the General Assembly.
29 Adopted by the Council of the City of Virginia Beach,
0 Virginia, on the 27 day of January, 1998.
1 CA- 6902
32 ORDIN\DATA\NONCODE\PROJECTS.RES
33 R-4
34 PREPARED: JANUARY 27, 1998
@5
@ 6
44
Item V-N.2.a.
NEW BUSINESS ITEM # 43153
Upon motion by Councilman Jones, seconded by Councilman Branch, City Council ADDED TO THE
AGENDA:
Ordinance authorizing the City Manager and the City Attorney to
procure the services of a firm to provide lobbying services for the
1998 Virginia General Assembly; and, TRANSFER necessary
funds, not to exceed $25,000.
Voting: 11-0
Council Members Voting Aye.
John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker. Vice
Mayor William D. Sessoms, Jr and Louisa A4 Stravhorn
Council Members Voting Nay
None
Council Members Absent.
None
January 2 7, 1998
45
Item V-N.2.b.
NEW BUSINESS ITEM # 43154
Upon motion by Councilman Jones, seconded by Councilman Branch, City Council ADOPTED:
Ordinance authorizing the City Manager and the City Attorney to
procure the services of a firm to provide lobbying services for the
1998 Virginia General Assembly; and, TRANSFER necessary
funds, not to exceed $25,000.
Voting: 9-2
Council Members Voting Aye.
John A. Baum, Linwood 0. Branch, III, Harold Heischober,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor
Meyera E. Oberndorf Nancv K Parker. and Louisa M Strayhorn
Council Members Voting Nay.
William W Harrivon, Jr. and Vice Mayor William D .@eysoms, Jr
Council Members Absent.-
None
January 2 7, 1998
1 AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER AND THE CITY ATTORNEY TO
3 PROCURE THE SERVICES OF A FIRM TO
4 PROVIDE LOBBYING SERVICES ON BEHALF
5 OF THE CITY OF VIRGINIA BEACH DURING
6 THE 1998 SESSION OF THE GENERAL
7 ASSEMBLY
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10 That the City Manager and the City Attorney are hereby
11 authorized to procure the services of a firm to provide lobbying
12 services on behalf of the City of Virginia Beach during the 1998
13 Session of the General Assembly, provided that the cost of such
14 services shall not exceed $25,000; and
15 BE IT FURTHER ORDAINED:
16 That the City Manager is hereby authorized to transfer
17 funds in an amount not to exceed $25,000 from the General Fund
18 Reserve Contingencies for the purpose of procuring such services.
19 Adopted by the Council of the City of Virginia Beach,
20 Virginia, on the 27th day of January, 1998.
21 CA-6909
22 ORDIN\NONCODE\LOBBYING.ORD
23 R-1
24 JANUARY 27, 1997
25
26 APPROVED AS TO LEGAL
27 SUFFICIENCY:
28
29 ment of Law
46 -
Item V-N.3.
NEW BUSINESS ITEM # 43155
Dale Castellow, Planning, referenced his memorandum relative Paratransit Services. Approximately fifty
calls have been received, not only from citizens of Virginia Beach but also Norfolk and Chesapeake. TRT
has exceeded its budget in the Paratransit area by approximately $113,000. The calls have come primarily
from the optional service area. As the ADA law reads at the present time, TRT is required to provide service
within 3/4 of a mile of the existing fixed bus route. Outside of this 3/4 mile area, the service becomes
optional. Several years ago, this City Council elected to provide additional resources to provide handi-ride
services outside of that mandatory area. The Americans with Disabilities Act, in transit circles, has been
described as another unfunded federal mandate. In 1993, when Congress adopted the Americans with
Disabilities Act, the Federal Transit Administration, in an attempt to comply with the act, enacted new
guidelines regarding the provision and operation of Fixed Route Transit and Paratransit services in
metropolitan areas. The most significant changes focused on a couple of particular areas: The first being
regulations that require all vehicles to be equipped with lifts and other devices intended to make them
accessible for disabled riders. A second regulation, which focused more specifically on Paratransit services,
prescribes minimum service levels for Paratransit services. Specifically, these regulations mandated that
metropolitan transit organizations provide Paratransit services within 3/4 mile of any fixed bus route and
that such services maintain the same hours of operation as fixed route bus services. One other regulation
pertinent to Paratransit services continues the requirement that riders meet certain disability criteria, and
meet certain geographic requirements as well. Virginia Beach and Chesapeake have a larger optional
service area and there is higher demand. In Norfolk and Portsmouth, widespread bus routes translate into
less optional area. Last year, City Council funded 100% of TRT's request. TRT underestimated the number,
of citizens who would be utilizing this service.
Council Lady Strayhorn advised TRT underestimated by an enormous amount. They included a 10%
increase. The ridership was an increase of 42% in the optional areas. This is with a 39% reduction in
Federal funds and a 25% reduction in State funds. TRT has a contractual obligation to balance its budget
with the City's annual appropriation for services. Council Lady Strayhorn has spoken with L. A. Kimball,
Executive Director, who advised the Commissioners were under the understanding a Public Hearing would
be conducted relative the shortfall for Paratransit. This was not scheduled. TRT has apologized. A press
release concerning an apology will be published in the newspaper advising the City Councils of Chesapeake
and Virginia Beach were not responsible for this shortfall. The service offered before the interruption will
be continued. Ridership will increase from 55,000 to 78,000 trips with a total cost amount from $514,000
to $730,000 in Virginia Beach. The average trip for the optional areas is 10 1/2 miles.
Mr. Castellow advised he received a draft copy of a Press Release, which is expected to beforwarded within
the next two days to correct this misinformation. Information has been received that many individuals
utilizing handi-ride do not necessarily qualify for "handi-ride". Mr. Castellow would prefer to see a
recertification program in the near future. Handi-Ride was essentially intended as a mobility of last resort.
The service should be directed to the citizens who need it. The wheel chair equipped huses are available, but
not being utilized. This entailed a cost of $30,000 per bus. The theory was the Paratransit service would
only carry the individual to the closest bus route. This is not happening and is a problem nationally.
The average subsidy is $10.31 for Paratransit services. Mr. Castellow advised information regarding the
subsidy will be provided for just the optional area. It has been concluded this will be significantly higher
than $10.31. Mr. Castellow advised TRT has revenue sources, i.e, advertising on wrapped buses. Fare
revenues have exceeded the budget estimates, for many year. TRT is considering utilizing their retained
earnings to see this Paratransit service problem through June 30, 1998.
Council Lady Strayhorn advised, and Mr. Castellow reiterated, the new budget and a plan for a
recertification program for Paratransit services will be presented.
Mayor Oberndorf advised the TRT representative attended the Mayor's Commission for the Disabled and
advised all members would be facing recertification for utilization of handi-ride.
January 27, 1998
c->f 'Vii-g4ii-ii@
January 30, 1998
I ESLIE L LILLEY MUNICIPAL CENTER
Cl@ ATTORNEY BUILDING 1
2401 COURTHOUSE DRIVE
'I'he Honorable Meyera E. Oberndorf, Mayor VIRGIN A BEACH VA 23456 @4
f757) 427 4@l
Members of City Council FAX (757) 426 @-,
Municipal Center TDD (7571 427 4305
Virginia Beach, Virginia 23456
Re: Acceptance of Proposal for Lobbying Services
Dear Mayor Oberndorf & Members of Council:
Subsequent to your last meeting, Bob Matthias interviewed the principals for both LeClair Ryan and
Vectre Corporation with regard to their proposals for providing lobbying services. Mr. Matthias also
contacted members of the City's Delegation to solicit their thoughts on which of these firms would best be
suited to provide the services needed by the City at this time. Thereafter, Jim Spore, Bob and I discussed
the proposals and the additional information collected and have contracted with Vectre Corporation to
provide lobbying services for the City during the 1998 General Assembly Session, including the veto
session.
Vectre has agreed to a fixed-fee price for services, including costs, of $22,500. Vectre will provide
those services requested in the City's RFP which include:
I . Assist in the active promotion of the City's adopted legislative package.
2 Assist and supplement Bob Matthias' efforts in monitoring and reporting, on a timely basis,
legislative activities which will impact the City and its citizens.
3. Facilitate proactive communications between the City's Delegation and the City Council
and the City Administration on pending legislative issues.
We anticipate that Vectre's services will begin today. Please call on Jim, Bob or me if we can
provide additional information.
ery trul yo rs
e e L III y
I ttome
I.LL/awj
cc: James K. Spore, City Manager
Robert M. Matthias, Assistant City Manager
- 47 -
Item V-O..
ADJOURNMENT ITEM # 43156
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:25 P.M.
Beverly O. Hooks, CMC/AAE
Chief Deputy City Clerk
-------- - - ----------- ------
Ruth Hodges Smith, CMCIAAE Me-ver(i E Oberndorf
City Clerk Alavol
City of Virginia Beach
Virginia
January 27, 1998