HomeMy WebLinkAboutMAY 4, 1999 MINUTESCity of Virginia Beach
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR MEYERA E OBERNDORF At Large
VI( E MAYOR WILLIAM D SESSOMS JR At Large
LINWOOD 0 BRANCH II! Dtstrttt 6 Beath
MARGARET L EURE Dtstrtct I Cenlervtlle
WILLIAM W HARRISON JR Dtstrtct 5 l ynnhaven
HAROLD HEISCHOBER At Large
BARBARA M HENLEY Dt~trtrt 7 Prtnre$~ Anne
LOUIS R JONE~ Dtstrtct 4 Baystde
REBA S McCLANAN Dtstrtct 3 Ro~e Itall
NANCY K PARKER At Large
A M (DON) WEEKS Dtstrtct 2 Kernpsvtlle
JAMES K SPORE Ctty Manager
LESLIE L LILLEY Ctty Attorney
RUTH HODGES SMITH CMC/AAE Ctly Clerk
CITY COUNCIL AGENDA
CITY HALL BUILDING I
2401 COURTHOUSE DRIVE
!~TRGINIA BEACH VIRGINIA 23456 9005
PIIONE (757) 427 4~0~
FAX (757) 426 5669
EMAIL CTYCNCL~CITY VIRGINIA-BEACH VA U'
May 4, 1999
I. CITY COUNCIL WORKSHOP
- Conference Room -
10:00 AM
Ao
MANAGMENT RESOURCE PLAN [2 hrs.]
E. Dean Block, Director Management Services
,
FY 1999-2000 Operating Budget
FY 1999-2005 CIP
II
CITY MANAGER'S BRIEFING
A,
FERRELL PARKWAY PHASE VI - Development Participation Agreement
Clarence Wamstaff, Director of Public Utilities/Public Works
12:NOON
[30 min.]
III. REVIEW OF AGENDA ITEMS
IV. CITY COUNCIL COMMENTS
V. INFORMAL SESSION
- Conference Room -
1:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
VI. FORMAL SESSION
- Council Chamber -
2:00 PM
A. CALL TO ORDER- Mayor Meyera E. Obemdorf
B. INVOCATION:
Reverend John Boyer
Church of Christ - Creeds
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS
April 27, 1999
G. AGENDA FOR FORMAL SESSION
The Consent Agenda wtll be determtned durtng the Agenda Review Session and constdered tn the ordmary
course of bustness by Ctty Council to be enacted by one motion.
H. PUBLIC HEARINGS
1. REAL PROPERTY TAX INCREASE - (Resulting Assessment Increase)
2. BONDS
a. GENERAL OBLIGATION BONDS $
[Schools, Roadways, Coastal, Buildings, Economic
and Tourism, Parks and Recreation and other public
facility improvements]
56,700,000
b. STORM WATER UTILITY BONDS
$ 5,30O,OOO
c. WATER AND SEWER UTILITY REVENUE BONDS $ 9,513,500
3. RESOURCE MANAGEMENT PLAN - Community for a Lifetime
a. FY 1999-2000 OPERATING BUDGET
$1,068,603,358
b. FY 1999-2000 CIP CAPITAL BUDGET
$ 168,460,307
C. FY 1999-2005 CAPITAL IMPROVEMENT PLAN
$1,290,638,119
I. HEARINGS FOR PUBLIC INFORMATION
1. MULTI-FAMILY RESIDENTIAL RENTAL HOUSING REVENUE BONDS
a. Renaissance Housing, LLC $ 10,000,000
[The Hamptons and Hampton Court Apartments]
b. Renmssance Houmng, LLC $ 9,000,000
[Mayfair I and Mayfair II Apartments]
c. Silver Hill at Thalia $ 4,400,000
d. Tallwood LP $ 6,500,000
J. RESOLUTIONS
.
Resolutions to approve issuance of the Virginia Beach Development Authority's Multi-
Family Rental Housing Revenue Bonds:
Renaissance Housing, LLC Not to exceed $10,000,000
[The Hamptons and Hampton Court Apartments]
b. Renaissance Housing, LLC Not to exceed $ 9,000,000
[Mayfair I and Mayfair II Apartments]
c. Silver Hill at Thalia, LLC
Not to exceed $ 4,400,000
d. Tallwood L.P. Not to exceed $ 6,500,000
,
Resolution re the proposed merger of the Tidewater Transportation District Commission
and the Peninsula Transportation District Commission; and, authorize the City Manager
to execute the Definitive Agreement and Cost Allocation Agreement.
K. ORDINANCES
o
Ordinance to AMEND Section 6-120.1 of the City Code re restrictions on the operation of
personal watercraft.
.
Ordinance to AMEND Sections 35-182, 35-186 and REPEAL Section 35-183 of the City
Code clarifying and limiting the tax on free admissions and providing exemptions for
events benefitting charities.
.
Ordinance to APPROPRIATE $6,492,088 from the State Department of Emergency Services
and the General Fund to a newly-created FEMA Special Revenue Fund re costs associated
with clean-up activities necessitated by Hurricane Bonnie; and, estimated revenues from the
Commonwealth be increased accordingly.
4,
Ordinance to TRANSFER $100,000 from the Tourism and Growth Investment Fund (TGIF)
Reserve for Contingencies to the FY 1998-1999 Operating Budget of the Department of
Economic Development re purchase of an Assignable Option on approximately five acres
of oceanfront property adjacent to Little Island Park at Sandbridge; and, to authorize the
City Manager to execute the Option Agreement.
0
Ordinance to AWARD a lease of city-owned property at 1848 Pleasant Ridge Road to
NEXTEL COMMUNICATIONS re constructing, maintaining and operating wireless
telecommunications facilities; and, to authorize the City Manager to execute said lease.
.
Ordinance to AUTHORIZE temporary encroachments into a portion of the City's right-of-
way at Mediterranean Avenue, 14th Street and 16th Street by VIRGINIA BEACH
PENTECOSTAL CHURCH OF CHRIST re erection and maintenance of four directional
signs (BEACH - DISTRICT 6) (Deferred April 13, 1999 and April 27, 1999).
7. License Refunds - $83,291.23
L. APPOINTMENTS
FRANCIS LAND HOUSE BOARD OF GOVERNORS
WETLANDS BOARD
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
MANAGEMENT RESOURCE PLAN
FY 1999-2000 OPERATING BUDGET & C I P SCHEDULE
DATE TIME BUDGET UNIT
Thursday, May 6 - Workshop 3 PM - 5 PM Reconcihation
Council Conference Room
Tuesday, May 11 2 PM Council Action - Council Chambers
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
04/29/99BAP
AGENDA\05\04\99.
www.virginia-beach.va.us
MINUTES
VIRGINIA BEACH CITY COUNCIL
V~rg~n~a Beach, V~rg~n~a
May 4, 1999
Counctlman Louts R. Jones called to order the MANAGEMENT RESOURCE PLAN WORKSHOP, FY
1999-2000 Operating Budget and FYI99-2005 Capital Improvement Program tn the Council Conference
Room, Ctty Hall Butldmg, on May 4, 1999, at 10 O0 A M.
Council Members Present.
Ltnwood 0 Branch, III,, Barbara M Henley, Louts R Jones, Reba S
McClanan and A. M "Don" Weeks
Counctl Members Absent:
Mayor Meyera E Oberndorf
Vtce Mayor Wilham D Sessoms
Margaret L. Eure
Wtlham W. Harrison, Jr.
Harold Heischober
Nancy K Parker
[EN ROUTE FROM WASHINGTON, D C
ENTERED 10 33 A M]
[ENTERED. 1.22 P M ]
[APPOINTMENT A T 9 O0 A M
ENTERED 1 O: 33 A M ]
[ENTERED 10'25 A M]
[ABSENT DUE TO ILLNESS]
[MOTHER VERY ILL IN CHARLOTTE, NORTH
CAROLINA]
-2-
CITY COUNCIL WORK~HOP
M/INA GEMENT RES O UR CE PLAN
10:00 A.M.
ITEM # 44923
E Dean Block, Dtrector Management Servtces, referenced the business area of Policy and Decision
Support, which tncorporates the agencies whtch are a stgntficant part of the Government's Process
City Manager
General Registrar
Law- City Attorney
Legislative (City Council- City Clerk)
Management Services
Public Information
Non-Departmental
A very small portion of the total budget, less than 1%, ts expended on these government's acttvtttes,
however, they are crtttcal tn terms of setttng goals and decidtng chrectton. The Debt Servtce and the
Instructional Technology tssues wtll also be revtewed The fundtng alternattves wdl be identtfied and the
staff will seek Ctty Counctl's &rectton to address this issue.
Policy and Decision Support
Council destination points set pace through goal setting acttvtties
Increasing Number of registered voters, but low turnout. In 1994-95,
there were approxtmately 158, 000 registered voters in Vtrgmta Beach and
now approxtmately 230, 000 The number of registered voters is projected
to be 245,000 by the end of the upcomingfiscal year. There ts a signtficant
tncrease tn the workload of the Regtstrar. The number of prectncts has
tncreased from approxtmately 63 Ftscal Year 94/95 to 74 today.
Additional staffing for City Attorney's Office is betng proposed tn
response to a request from the Courts to meet the addtttonal demands
As evidenced through the Ctty's Ctttzen Survey, 94% of citizens say
Virginia Beach is a safe place to live.
A very important aspect of the City's efforts ts to sustain a high level of
volunteer activity This has continued to grow and now there are over
10,000 Volunteers. This results tn reduced costs and a stronger
commitment to commumty on the part of so many citizens and their
tnvolvement in the government
Support for regional agencies tncludes Communtty Organtzatton Grants
and parttctpatton tn the Hampton Roads Economic Development Alhance,
Virginta Institute Government, as well as the Hampton Roads Planntng
Dtstrtct Commtsston and a commitment to asstst the Medtcal College of
Hampton Roads All those acttvtttes assist tn btnchng the Ctty to the regton.
Mr Block advtsed a request was received from Old Domtnion Untversity to contrtbute as much as $1-
MILLION toward computers for the Htgher Education Center and this ttem was forwarded to Ctty Counctl
This ttem has been tdenttfied as one of the ttems for constderatton tn the Reconcthatton Workshop
Prevtously, funds had been tdenttfied to make tmprovements on the site and the roadway work The Ctty
Manager advised ODU has now refined thts parttctpatton to $936,000. The Htgher Educatton Center should
be opened tn July. Mayor Oberndorf advtsed there have been numerous fund ratsers hosted by some of the
Ctty's most promtnent ctttzens requesttng donations from alumnt and ctttzens.
May 4, 1999
-3-
CITY COUNCIL WORKSHOP
MANAGEMENT RESOURCE PLAN
ITEM # 44923 (Continued)
Concerning Debt Service, the Capital Improvement Program, as proposed, wdl comply with all City Council
policies on debt management over the hfe of the Capital Improvement Program. The debt wall grow during
the next two years due to constructton of the htgh school and the `4dvanced Technology center which will
equate to over $40-MILLION in Charter Bonds.
Mr. Block referenced distnbutton of responses to City Council questions as of May 4, 1999, relative the
Resource Management Plan
,4 letter was received from Shertff Frank Drew yesterday, May 3, 1999, who, much to his surprise, learned
he was the reciptent of 17 deputy positions and one secretarial position from the State Compensatton
BoaRd. The State had not advised him of this earlier The downstde to this news ts there is some cost to the
City, which will result tn an impact between $I00,000 and $150, O00 for Fiscal Year 1999-2000 in those
portions of the cost required by law for the Ctty to pay, which include urn. forms, health insurance, et cetera.
The Ctty wdl be coordmattng with Sheriff Drew and Chtef Deputy Lanteign over the next two weeks to
mtnimtze those cost impacts and tdentt, fy whether or not tradeoffs can be made in the Shertff's Budget. City
Councd wdl be advised at a future session, as these costs will not tmme&ately tmpact
Council Lady Henley expressed concern over the lack of road improvements scheduled in the old Transition
Area H She recalled that Indian River Plantation ts the only subdtvtsion tn the Ctty that is paytng cash
proffers. Over the years now, through the work that has been done, they havepatd amounts to the City which
was supposed to be utilized for road improvements. However, she believes in order to spend the funds, the
road project must be in the Capttal Improvement Program. She is aware the funchng ts not sufficient to do
major improvements; however, that section of lndian River Road is so bad with no shoulders and deep
ditches. Council Lady Henley hopes some work may be done i.e. moving the ditch over and improving the
shoulders with the funds collected before this section of roadway appears tn the CIP, whtch is probably 20
years in the future. Mr. Block advised informatton relative the total amount of money in this separate fund
will beprovided as well as the total cost of these suggested tmprovements. This information wtll beprovtded
after May 11, 1999.
Mayor Oberndorf advised she was chsappointed tn the report relative Funding School Technology. When
she requested the rtghts-of-way user fee ("phone fee ") be rescinded, she asked the staff to examine the City
side of the Budget to find the funds. She did not wtsh anything to tmpact what had already been promtsed
to the Schools to achieve thetr goals tn educating the chddren better than any other system tn the State of
Virginia.
The City Manager advised the funding mechanism recommended in the Policy Report was the reallocation
of the additional lottery funds and the addttional FY 1999/2000 revenues, which encompass$3 % of the
personal property tax. It would not take away from the funds that have been requested by the School Board
tn thetr budget request. One of the staff's goals was not to alter the revenue sharing formula and not take
away funds from the Schools.
Councilman Harrison did not concur with the Policy Report dated April 30, 1999, concerning Funding
School Technology. Counctlman Harrtson advtsed the "phone fee "was clearly a promise by the City to fund
$1,$00,000 annually for $ ~ years to the Schools over and above their share of the six revenue funding
sources. $569,775 represents 53 % of the Personal Property Tax increase and is clearlypart of the revenue
sharing policy. The School Board approved betng responsible for $2-MILLION annually for the next etght
years. The City is now saying to the School Board that they are to be responsible for $2,550, O00 for the next
eight years and the Ctty wdl look to the lottery funds above the modernization policy to balance its share,
whtch technically has already been allocated to the schools by the Governor and the General ,4ssembly
Mr. Block advised the Four Alternatives for Funding School Technology:
Policy Report of ,4pri130, 19999
Cut City Operattng Budget
Two-Year Program Start-Up & `4udit
100% Lump Sum Funding - 8years.
May 4, 1999
-4-
CITY COUNCIL WORKSHOP
M/INA GEMENT RES O UR CE PLAN
ITEM # 44923 (Continued)
On April 13, 1999, City Council approved an or&nance to resctnd the Telecommunications Right-of-Way
Fee. At the same time, City Council directed the City Manager to identify an alternattve fundtng source for
School technology needs. Several dectston crtterta were estabhshed as a framework for the
recommendattons
CRITERIA
The Ctty/School Revenue Shartng Pohcy wtll not be changed or
vtolated
2 No new, addtttonal or tncreased fees or taxes wtll be apphed or
recommended.
3. No negative tmpact on Ctty programs
4 No negative impact on extsttng School tnstructtonal/operattng
programs
In order to provtde a rehable funding stream to achteve the recommended School technology tmtiative the
followtng was proposed
Allocate SI.O-MILLION of the additional School ending
balance to School technology Thts wtll be above and beyond the
annual contrtbution outhned below and wtll serve as a
conttngency tn the event of a shortfall, provt&ng ttme to adjust
the program and funding sources tf condittons warrant
The full amount of the ad&tional School-share revenue identified
in the memo of Aprtl 13, will be committed to technology In FY
1999-2000, the amount ts $569,775 ts projected to grow at an
average 4% annual rate.
To provtde the rematnder of the $1.5-MILLlON annually,
begtnntng tn FY 1999-2000, it ts recommended that the extra
state lottery funds, above the amount ortgtnally expected for
modernization be allocated to technology. The amount for FY
1999-2000 ts $1,111,770. Thts amount ts expected to decrease
by 2% annually.
It ts proposed that a separate spectal revenue fund - Fund for Instructional Technology (FIT) - be
estabhshed All montes for this purpose (except state technology grant funds) would be placed tn the fund
Each year, only those amounts needed per the plan (as updated) would be budgeted Fund balances would
be matntained and would earn tnterest
Mr. Block advised there ts another pool of funds whtch the State has not taken actton upon and for whtch
the City needs to be watchful and that ts the tobacco settlement The amounts are staggertng and Vtrgtnta
is a parttctpant tn this process.
Counctl Lady Henley advtsed thts Lottery plan was the Senate Plan There was a Plan from the House of
Representatives, which would have provided the Ctty $20-MILLION a year in lottery funding begtnmng
Ftscal Year 2000 and then conttnutng every year thereafter Counctl Lady Henley was concerned relattve
the wtde dtspartty tn these two amounts Robert Matthtas, Asststant to the Ctty Manager, advtsed the House
bastcally gave the Ctty the amount allocated thts year for Capital Construction and then tn the second year
of the Btenntum would gtve the City double the amount of money They were gotng to codtfy where the Ctty
would receive that amount of money every year thereafter -approxtmately $20-MILLION There is $323-
MILLION tn profit from the lottery each year The State, under the current plan, ts now gtvtng the Ctty 40%
and keeping 60%, but the State advtses they are returntng that to locahttes as they are pay tngfor SOL costs
Counctl Lady Henley feels reasonably comfortable tn projecting the utilization of the lottery funds for
modernization and technology.
May 4, 1999
-5-
CITY COUNCIL WORKSHOP
MANAGEMENT PESO UR CE PLAN
ITEM # 44923 (Continued)
Mr Block respects the work of the Technology Committee and is concerned that thts proposal that could
be tncorrectly construed as the City staff repuchattng the work of the Commtttee The staff beheves thts
proposal retatns the essence of the Committee's efforts The reality ts 13,000 computers are betngpurchased
and thts ts not affecttng the ongoing School Board operattons The School Board wtll sttll have $3-MILLION
of chscrettonary addttional programs tn thetr budget There ts no tmpact on these programs The Ctty dtd
not have a separate fund estabhshed when this technology was funded by the Telecommuntcattons fee Thts
Plan will have more protectton and more control. The Ctty ts actually exceeding the $1.5-MILLIONannual
contributton, whtch means that thts program is assured of conttnutng beyond 8years, as needs develop for
technology
Counctlman Jones was not as comfortable tn depending upon the lottery proceeds beyond the two years.
There wtll be a new Governor tn two years who mtght not continue the program tn the same manner wtth
the same amount The Ctty should not rely upon the "tobacco funds" The City has no tdea of what the next
administration might do concerning the manner tn which to disburse or utthze these funds The City must
depend upon reality. The City made a commttment that they would fund $1.5-MILLION of the technology
program out of the Ctty budget and not from the School funds Clearly, this Pohcy, takes the fundtngfrom
the Schools. Counctlman Jones tnqutred what was the Ctty gotng to do when the School Board advises
addittonal expenses, which they must fulfill tn the tntertm between now and next year, and they say the Ctty
took their $569,775 and uttltzed tt for a commitment tn technology
Mr Block advtsed the School Board mtght have some concerns, as they chd not budget for health tnsurance
Mr. Block advtsed the Revenue Shartng Pohcy has been extremely successful There have even been those
who satd the Ctty has gtven the Schools too much fundtng There have been stgntficant fund balances every
year on thepart of the schools. Thts year the total Increase approached $12-MILLION The Superintendent
of Schools and the School Board chose to allocate those funds tn a parttcular way (not only those funds
received from the Ctty, but from the State and Federal governmenO Thts body is under no obltgatton to treat
a request from any agency as a requtrement This body ts under no obhgatlon to add funds anyttme
somebody tdentt, fies a potenttal addtttonal need. The Schools have placed a great deal of emphasts on the
past couple of years and thts year tn particular relative thts notton of partty (betng defined as everyone
recetvtng the same pay increase) Thts year, tn an effort to achteve their verston of parlty, the School Board
satd they would provtde 3% on July 1 to all of the personnel who are eligtble The 3% ts a step tncrease
,,lpproxtmately, 10% of the School employees are at the top of thetr scale and would not receive same In
addttton, the School Board advtsed an across-the-board increase of l 1/2% would be provtded on January
1, 2000 The Ctty has not done this m four orfive years The Ctty wtllprovtde al ehgtble employees a 41/2%
increase on their anniversary date ,4pproxtmately 90% of personnel tn the Ctty are ehgtble for thts
tncrease Schools have allocated 7/10 more as a percentage of payroll than the Ctty has by' day-to-day pay
tncreases. Mr. Block ctted examples ora school and ctty employee earmng $30, O00 per year The School
Board employee would receive $1125 more during the fiscal year At the end of the fiscal year, they would
be at a dtfferent pay level enttrely The Ctty employee wouM have to have an anntversary date equal to or
earher than September 1 to recetve as much as the School employee durtng the Ftscal Year 70% of Ctty
employees have an anmversary date later than September Ftrst. 7/10 o fa % of payroll for Schools equals
$2.2-MILLION The School Board approved a bonus of $150 on April 20, 1999, and the checks wtll be
chsbursed tn two weeks. These funds were from the endmg balance
Relative Discretionary Programs, the School system added 205people tn the their School Operating Budget,
not counttng grant funds In thetr April Twentieth presentation to Ctty Counctl, the School Board advtsed
new initiatives totaling $2.4-MILLION (math academy for teachers, 25 additional teachers at 7h Bell in
High Schools, 22fixed credit hours and 2 electives in 6-bell day) The Ctty has tdenttfied another $600,000
tn costs, whtch are discretionary, such as a pool of custodtans. Approxtmately $3-MILLION tn funding ts
contained tn Discretionary Local Programs.
Councilman Harrtson referenced the five two-to-three hour meetings of the Technology Committee to
develop the Plan Counctlman Harrtson tnqutred tf the Ctty Manager or Mr. Block had consulted wtth Dr
Jenney or any member of hts staff regardtng the Plan to in essence shift an addtttonal $569, O00 financtal
burden to the Schools that was not contemplated by the Plan adopted by the Technology Commtttee. The Ctty
Manager advtsed the Plan was revtewed with Dr denny and staff the other day and a copy of the Pohcy
Report was provided them Concern was expressed.
May 4, 1999
-6-
CITY COUNCIL WORKSHOP
MANAGEMENT RESO UR CE PLAN
ITEM # 44923 (Continued)
Councdman Harrtson also expressed concern relative the continued viability of the State lottery funds to
fnance SI.I-MILLION. He is also concerned relative the conttnued vtabthty of the Personal Property Tax
at the rate projected. Mr Block advtsed the staff shared thetr concerns about these same issues tn thetr Aprtl
13, 1999, memorandum
Counctlman Weeks advised an article in the Virgtntan-Ptlot stated School Board Vtce Chatr Rosemary
Wtlson asserts there are a number of computers purchased that are still tn boxes
Mr. Block cited
Alternative 2: Cut City Budget
.
Buy down (non recurring)
CIP eliminations
Lynnhaven Boat Ramp
Bayside Library*
Community Color Project
Celebrate 2000
TOTAL BUY-DOWN
$1,050,000
479,000
100,000
150.000
$1,779,000
2. Recurring Sources
A. Reductions in FY 1999/2000 Proposed Budget
New/Expanded City Programs.
Eliminate additional Zoning Inspectors
Eliminate Neighborhood Reinvestment Program
Eliminate additional City Attorney positions
Eliminate Vector Control Program
Eliminate EMS Quality Assurance Program
$ 181,000
100,000
53,153
54,47o
19,000
TOTAL $ 408,620
B. All additional city revenue per April 13 memo $ 502,641
Use all additional City fund balanceper Apri113 memo
($4.2-MILLION) to replace budgeted charter bonds
now in CIP. Creates recurring stream of avoided debt
service. FY 1999/2000 amount -- $ 420,000'*
14% permanent across the board cut in Non-city
agency support, except tax relief(see April 13 memo)
$ 276,000
TOTAL ~CURRING (FY 1999/2000)
$1,607,681
A separate fund would be estabhshed. All montes except state grants would
go into the fund The fund would earn tnterest
*Baystde Ltbraryfunding tn CIP was to facthtate tmprovements/relocation
to leased space. If Baystde Ltbrary ts to be new construction in future
years, funds are needed to fund the stte locatton $100,000 ts retatned to
tdenttfy the stte, performance preltminary engineertng
**This amount dechnes each year, reflecting actual debt servtce pattern
May 4, 1999
-7-
CITY COUNCIL WORKSHOP
MANAGEMENT RES O UR CE PLAN
ITEM # 44923 (Continued)
Wtth reference to Councilman Harrison's concerns, the Ctty Manager and Mr. Block advtsed thts ts an
attempt to buy-down to cover the difference of the interest assumption in 810 computers whtch were not
tncluded. The goal was to provide 13, 000 computers Counctlman Jones advtsed the Ctty's commttment was
$1.5-MILLION per year and this must be focused upon
Alternative 3
Front-Load Additional $3. O-MILLION into fund
Sources recommended'
$1,ooo, ooo
$2,ooo, ooo
Excess Policy Revenue
City Ending Balance
Advantages
Meets immediate needs
Recognizes changing technology/uncertainties
Allows for program audit
Requires no new taxes
Minimizes impact on CIP/Budget
Modernization program not impacted
$569,775 available to School operations
Large contingency is available
Can be added to each year
Dtsadvantages
Need to revisit in 2001/02 Budget (May 2001)
Not full 8- Year Program
Alternative 4
Use fund balance of $11,300,000 currently in CIP or available
Sources
1. Fund Balance from April 13 memo $ 6,800,000
2. Cuts to following projects
Bayside Police Precinct
Bayside Library Replacement
Lynnhaven Boat Ramp
Celebrate 2000
Community Color Project
Sandbridge Fire Station Replacement
Advantages
1,300,000
5oo, ooo
1,050,000
150,000
100,000
1.400,000
$11,300,000
Addresses 8-Year Program
No Impact on Modernization
$569,775 Available to Schools
No Impact on Revenue-Sharing
No Tax Increases
Disadvantages
Eliminate Council CIP Flexibility
Cuts City Projects - Replacement Uncertain
No Recurring Past 8 Years
No Opportunity to Evaluate Program
May 4, 1999
-$_
CITY MANAGER'S BRIEFING
FERRELL PARKWAY PHASE VI
12:17P. M.
ITEM # 44924
Clarence Warnstaff, Acting Director of Pubhc Works, advised on January 13, 1999, Ellis-Gibson
Development Group presented their proposed development for the "Reasor Tract" which proposes
commercial development of approximately 150 acres on a site located &rectly south of the Red Mill Farm
and west of the Fox Chase sub&visions The proposal presents the City an opportumty to have the Developer
design, de&cate right-of-way and build a portion of Ferrell Parkway - Phase VI, as well as the extension
of Upton Drive. The proposed road network to be built bY the developer would support not only the
proposed development, but would alsoprovtde an arterial connection to the Red Mill Farm and Fox Chase
sub&visions to General Booth Boulevard. Two ahgnments were proposed. Mr. Warnstaff outhned these
alignments on the map
Straight alignment - Ferrell Parkway would continue in essence tn an
easterly &rectton along the Ferrell Parkway alignment that was
recommended in the Sandbridge Corridor Road Study
Curved alignment - Ferrell Parkway ts would curve down to the
intersection of Sandbrtdge and Prmcess Anne Road. Upton Drive wouM
come into this portion of Ferrell Parkway
The developer indicated both these alignments could be reviewed The City Staff ts recommends, in
anticipation of reaching a satisfactory agreement with the Developer, that the City Council include $2 9-
MILLION in the CIP Project # 2-007. It is estimated that the total CIP costs for an equtvalent project, tf
undertaken solely by the City, would cost approximately $12,680,000 (tn FY99 dollars). These costs would
mclude design, acquisition of rlght-of-way, construction and other typical project costs If the City were to
cost-participate now, we would reahze a potential savings of at least $9,780,000. The City staff is
recommending the straight alignment as opposed to the curved ahgnment The Sandbridge Road Corridor
Study recommended the construction of Ferrell Parkway from General Booth Boulevard eastward to, at
least, Camtno Real, regardless of the ultimate long-term ahgnment The study recommended Ferrell Parkway
be developed as a four-lane &vtded highway from General Booth Boulevard to Atwoodtown Road and east
of Atwoodtown Road to Sandbrtdge as a two lane highway
Mr Warnstaff will inquire and advise whether an agreement with the Developer can be reached for future
implementation The City Manager advised the Developer tn&cated they wish to proceed with this project
imme&ately A description of the length, design cost and right-of-way cost associated with Project 2-007
will be provided.
Council Lady McClanan advised this proposal is extremely intense development without a road system tn
place.
Council Lady Henley referenced her request for a Special Workshop on May 18, 1999, to provide an
overview of this Corridor to include this 150 acres as there are so many applications involving this entire
Corridor Council Lady Henley ts under the impression that the tntent would be not to develop all of these
150 acres as commercial, but to consider other types of rezonmgs as multi-family. Council Lady Henley
needs to make a decision relative whether or not to swap the Sandbridge Road improvements rather than
Ferrell. Council Lady Henley noticed tn the report received last week that the staff's recommendation ts
against accepting the "swap" offer, which has been broadened due to other issues concernmg property
which is currently owned by U S Fish and Wildhfe projects involving the Sandbrtdge Fire Station and the
dratnage project Council Lady Henley requested this question of "swap "be considered during the May 18,
1999, Workshop
Mr Spore advised an alternative course of action could be the City would choose not to cost-participate with
the proposal made by the Ellis Gibson Development Group The Developer would then submit a site plan
with the minimum amount of road network necessary to support his proposal rather than network that would
also serve the surroun&ng communities This could result in a less than desirable roadway system for the
pubhc The proposed FY1999-2000 CIP would then not include funding of the $2.9-MILLION. At some
point in the future, the City would have to budd 100% of Ferrell VI, at the City's expense, tnclu&ng
acquisition of right-of-way
May 4, 1999
-9-
CITY MANAGER'S BRIEFING
FERRELL PARKWAY PHASE VI
ITEM # 44924 (Continued)
Rich Nettleton, Public Works - Engineering, advised each of the three lengths is apprommately 7/10 ora
mile; therefore, there ts approxtmately 2 2 mdes of roadway overall The rtght-of-way depicted in "blue"
on the map is currently owned by the development concern.
Robert J Scott, Director of Planning, advtsed Counctl Lady Eure, the Reasorplan has not been submttted
to the Department for review Mr Scott advtsed tn 1965, the Ctty rezoned 300 acres of land for commerctal
development with no con&ttons or site plan The City gave up a tremendous amount of leverage &nce that
ttme, tn the late 1970's a stgntficant amount of that 300 acres was rezoned to stngle famtly restdenttal
(location of the Red Mtll subdiviston) There still remams approximately 150 acres of commerctally zoned
property The staff has attempted, over the years, to have a comprehensive approach to the development
of this land, but does not possess the leverage to do same
Councilman Branch expressed concerns relative the City's obligations to improve pubhc roadways to the
developer's property
The Ctty Attorney requested this tssue be dtscussed during the Workshop Session of May 18, 1999, to enable
the legal staff and the Planmng Department to confer relattve the development
Mayor Oberndorf advtsed dtscusston should entad environmental posttions of agencies relattve the stratght
and curved alignment
Councdman Weeks advised there are over $100-MILLION of critical road needs in Kempsville
Council Lady McClanan requested City Councd allow and schedule a time and place for the pubhc to
state their concerns and comments regarding these decisions.
May 4, 1999
- 10-
AGENDA REVIEW
1:03 P.M.
ITEM # 44925
Resolutton re the proposed merger of the Tidewater
Transportation District Commission and the Peninsula
Transportation District Commission; and, authortze the
Ctty Manager to execute the Deftnittve Agreement and Cost
Allocatton Agreement
Thts ttem shah be &scussed during the Formal Session.
ITEM # 44926
K. 1 Ordinance to AMEND Sectton 6-120.1 of the Ctty Code re
restrtctions on the operatton of personal watercraft.
Assistant City Attorney Randy Blow advised during its 1998 Session, the Virgima General Assembly enacted
several amendments to the State Code pertatning to personal watercraft, whtch had a delayed effecttve date
of January 1, 1999. Thts necessttates stmtlar amendments to Section 6-120.1 of the Ctty Code The
mtmmum &stance that personal watercraft must matntatn from persons tn the water ts reduced from 100 to
50feet This amendment ts necessttated by the GeneraIAssembly's repeal (effecttveJanuary 1, 1999) of State
Code Sectton 29 1- 744 1 whtch had authortzed locahttes, by ordtnance, to requtre that personal watercraft
maintain a mimmum distance of l OO feet from swtmmers. Because that section was repealed, the Ctty must
now rely, for its authortty, upon Sectton 29 1-748, which was also revised effective January 1, 1999, and
only requtres thatpersonal watercraft matntatn a mtmmum &stance of 5O feet from people tn the water The
Ctty Council will request the General Assembly, tn tts 2000 Legislative Package, to amend the State Code
during tts 2000 Sesston by restattng thts &stance to be l OO feet.
Mr Blow advised should Cay Councd not amend the City Code as here requested, State Code wouldprevail
and fees from any enforcement would go to the State vs the Ctty if this amendment ts adopted
ITEM # 4492 7
K4.
Ordtnance to TRANSFER $100,000 from the Tourtsm and
Growth Investment Fund (TGIF) Reserve for Conttngenctes to
the FY 1998-1999 Operatmg Budget of the Department of
Economic Development repurchase of an Assignable Option on
approximately five acres of oceanfront property adjacent to
Little Island Park at Sandbridge, and, to authorize the City
Manager to execute the Option Agreement.
The City Attorney advtsed he had copies of the actual 18-page Option Agreement for City Councd The
Summary contatned wtthtn the agenda contatns all perttnent detads
ITEM # 44928
BY CONSENSUS, the following ttems shah compose the CONSENT AGENDA
RESOLUTIONS
J1
Resolutions to approve tssuance of the Virginia Beach
Development Authority's Multi-Family Rental Housing
Revenue Bonds:
a Renatssance Houstng, LLC Not to exceed $10,000,000
[The Hamptons and Hampton Court Apartments]
b Renaissance Houstng, LLC Not to exceed $ 9,000,000
[Mayfatr I and Mayfatr II Apartments]
c Stlver Hill at Thaha, LLC Not to exceed $ 4,400,000
d Tallwood £ P Not to exceed $ 6,500,000
May 4, 1999
-Il-
AGENDA REVIEW
ITEM # 44928 (Continued)
ORDINANCES
K 10rdtnance to AMEND Section 6-120 1 of the City Code re
restrtcttons on the operatton of personal watercraft.
K2
K3.
K5.
K6
Ordtnance to AMEND Secttons 35-182, 35-186 and REPEAL
Sectton 35-183 of the City Code clartfytng and limiting the tax
on free admissions and providing exemptions for events
benefttttng charities.
Ordinance to APPROPRIATE $6,492,088 from the State
Department of Emergency Servtces and the General Fund to a
newly-created FEMA Special Revenue Fund re costs assoctated
wtth clean-up acttvittes necessttated by Hurricane Bonnie, and,
esttmated revenues from the Commonwealth be tncreased
accordtngly
Ordtnance to AWARD a lease of ctty-owned property at 1848
Pleasant Ridge Road to NEXTEL COMMUNICATIONS re
constructtng, matntatntng and operating wireless
telecommunications facilities; and, to authorize the City
Manager to execute said lease
Ordtnance to AUTHORIZE temporary encroachments into a
portton of the Ctty's rtght-of-way at Medtterranean Avenue, 14tn
Street and 16tn Street by VIRGINIA BEA CH PENTECOSTAL
CHURCH OF CHRIST re erectton and maintenance of four
directional signs (BEACH- DISTRICT 6) (Deferred Aprtl 13,
1999 and April 2 7, 1999)
K 7 License Refunds - $83,291.23
Item K 2 wtll be DEFERRED, BY CONSENT, until the City Council Session of May 25, 1999.
Item K 6 wtll be DEFERRED INDEFINITEL Y, B Y CONSENT
May 4, 1999
- 12-
CITY COUNCIL COMENTS
1:15 P.M.
ITEM # 44929
Mayor Oberndorf advtsed speaking wtth Counctlman Hetschober thts mormng Although he was not
sufJ~ctently recovered to attend the meettng, his votce sounded stronger Counctlman Hetschober ts watching
the City Counctl Sesston The Mayor and Counctl Members extended thetr prayers for complete recovery
Councilman Hetschober expressed apprectatton for the beauttful flower arrangement He satd thts one was
very unusual and certatnly more beauttful than any he had ever seen. He was dehghted City Council thought
of him and expressed thetr feeltngs tn such a race way
May 4, 1999
- 13-
ITEM # 44930
Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Ctty Councd Conference Room, Ctty Hall Butldtng, on Tuesday, May 4, 1999, at 1 16
PM.
Council Members Present
£tnwood 0 Branch, III, Margaret £. Eure, Wtlltam W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera
E Oberndorf, Vtce Mayor William D Sessoms, Jr and A M "Don"
Weeks
Counctl Members Absent
Harold Hetschober and Nancy K Parker
May 4, 1999
- 14-
ITEM # 44931
Mayor Meyera E. Oberndor~, entertained a motion to permit City Councd to conduct its EXECUTIVE
SESSION, pursuant to Sectton 2 1-344, Code of Vtrgmta, as amended, for the followtng purpose
PERSONNEL MATTERS Dtscusston or consideration of or intervtews of
prospecttve can&dates for employment, assignment, appotntment,
promotion, performance, demotion, salartes, &sciphntng, or resignation
of spectfic publtc officers, appointees, or employees pursuant to Sectton
2 1-344 (A) (1)
To Wtt
Boards and Commissions
Francts Land House Board of Governors
Wetlands Board
PUBLICLY-HELD PROPERTY' Discussion or consideration of the
conditton, acqutsttton, or use of real propertyforpubhc purpose, or of the
&sposttton of pubhcly-held property, or of plans for the future of an
instttution whtch could affect the value of property owned or desirable for
ownershtp by such tnstttutton pursuant to Sectton 2 1-344(A)(3)
To-Wtt
Communtty Servtces Board Facilities -
Rosemont Dtstrtct (Bonney Road Stte)
Prtncess Anne Dtstrict
Kempsvtlle Dtstrtct
Beach Dtstrict
Lynnhaven Dtstrtct
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council voted to proceed tnto
EXECUTIVE SESSION.
Vottng: 9-0
Council Members Voting Aye:
Ltnwood 0 Branch, III, Margaret L. Eure, Wilham W Harrison, Jr.,
Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E
Oberndorf, Vice Mayor William D. Sessoms, Jr and A. M "Don" Weeks
Counctl Members Vottng Nay.
None
Council Members Absent'
Harold Hetschober and Nancy K Parker
May 4, 1999
- 15-
FORMAL SESSION
VIRGINIA BEA CH CITY CO UNCIL
May 4, 1999
2:28 P.M.
Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Councd Chamber, City Hall Budding, on Tuesday, May 4, 1999, at 2'28 P M
Councd Members Present
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrison, Jr,
Barbara M. Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera
E Oberndorf, Vice Mayor Wdham D. Sessoms, Jr and A M "Don"
Weeks
Councd Members Absent'
Harold Hetschober
Nancy K. Parker
[ABSENT DUE TO ILLNESS]
[MOTHER VERY ILL IN CHARLOTTE, NORTH
CAROLINA]
INVOCATION'
Reverend John Boyer
Church of Chrtst- Creeds
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vtce Mayor Sessoms, being a Corporate Officer of Wachovta Bank disclosed there were no matters on the
agenda tn whtch he has a "personal tnterest", as defined tn the Act, either indtvidually or in hts capactty as
an officer of Wachovia Bank, The Vice Mayor regularly makes this Disclosure as he may not know of the
Bank's interest tn any apphcatton that may come before Ctty Councd Vice Mayor Sessoms' letter of January
4, 1999, ts hereby made apart of the record
May 4, 1999
Item VI-E
-16-
CER TIFICA TION OF
EXECUTIVE SESSION
ITEM # 44932
Upon motton by Vice Mayor Sessoms, seconded by Councdman Jones, Cay Council CERTIFIED THE
EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc bustness matters lawfully exempted from Open Meeting
requirements by Vtrgtnta law were chscussed tn Executive Sesston to whtch
this certt, ficatton resolution apphes,
AND,
Only such pubhc bustness matters as were identified tn the motton
conventng the Executtve Sesston were heard, dtscussed or constdered by
Vtrgtnta Beach Ctty Councd
Vottng 9-0
Counctl Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wilham W. Harrtson, Jr,
Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera
E Oberndorf Vtce Mayor Wdham D Sessoms, Jr and A. M "Don"
Weeks
Council Members Vottng Nay
None
Counctl Members Absent
Harold Heischober and Nancy K Parker
May 4, 1999
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 44931, 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 Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Executive Session
to which this certification resolution applies; and, (b) only such pubhc business matters as were
identified in the motion convening this Executive Session were heard, discussed or considered by
Virginia Beach City Council.
odges S~ith, CMC/AAE
City Clerk
May 4, 1999
Item VI-F.
-17-
MINUTES
ITEM # 44933
Upon motion by Vtce Mayor Sessoms, seconded by Councdman Jones, Ctty Councd APPROVED the
Minutes of the INFORMAL AND FORlffAL SESSIONS of April 27, 1999.
Vottng 9-0
Counctl Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrison, Jr,
Barbara M Henley, Louts R Jones, Reba S. McClanan, Mayor Meyera
E Oberndorf, Vtce Mayor William D Sessoms, Jr and A M "Don"
Weeks
Councd Members Vottng Nay.
None
Counctl Members Absent
Harold Hetschober and Nancy K Parker
May 4, 1999
Item
- 18-
AGENDA FOR FORMAL SESSION ITEM # 44934
BY CONSENSUS, Ctty Councd ADOPTED:
AGENDA FOR THE FORMAL SESSION
May 4, 1999
Item VIoG 2.
- 19-
PROCLAMATION
ADD-ON
ITEM#44~5
Mayor Oberndorf PROCLAIMED :
MAY4, 1999
QUALITY GO VERNMENT OR GANIZA TION DA Y
The Crt yof Vtrginta Beach received the prestigtous Senate Productivity and Quality Award for Virginia,
the 1998 Medalhon of Excellence Award for Publtc Sector Local Agenctes
Thts award validates and recogmzes the excellence of the Vtrginta Beach Quahty Service System, our
collaborattve systems approach to provtchng cost effective quahty customer servtce whtle helptng to create
opportunities and outcomes tn the community tn partnershtp with ctttzens
Thts presttgtous award ts a tribute to the tnnovatton, commitment and hard work of Ctty employees and
volunteers who strive everyday to be the very best
The City Manager, James K. Spore, ACCEPTED the PROCLAMATION, on behalf of the 5,600 Ctty
Employees
May 4, 1999
gVhereas: qbe City of Virginia $each receivedthe prestigious Senate (Productiwty andQuafity~ward
f orVirgima, the 1998 Medallion of Bxce[fenceAwardforPubfic Sector £oca[Agenctes; and
~ereas: ~ awar~ va[i~ates an~ recogn~es the e~ce[~nce of t~e ~irgima Seach ~ua6ty Semce
System, our co[~6omtive ~stems appwach to pwvi~ng cost ~ective qua6ty customer
semice wht~ helping to create oppo~umties an~outcomes in t~e communtty ~ pa~ners~tp
with cittzens; an~
~ereas: ~ prestigio~ awar~ a tff~ute to the bmovation, commitment an~ar~wor~Ctty
emp~yees an~vo[unteers w~o stffve eve~ay to 6e t~e ve~ 6est; and
~hereas: ~trginia Seach city government was recognize~ for its organizational qua6ty, strategic
p~nnutg, productivity an~contbmo~ mtprovement ~o~s after 6etng evafitate~a[ong w~th
ot~er state-wt~e app~cants; an~
~ereas: ~eed6ac~rom t~e evafuators ~o ma~e an on-site visit compfimente~t~e City of ~irginia
Seach on our c~tomer an~ cittzen focus, t~e strength of ~QSS, on cooperation among
depa~ments anion the City ~ rewar~an~ recognition programs; and
~hereas: ~e Senate ~oductivity andQuafity~war~e~affion ~~ce[fence ~ the highest We[of
mcogmt~on pmsenteKstate-wi~e forpw~uctivity an~quafi'ty e<ceF&nce; an~
Whereas: ~ recognition ~ ve~ grat~mg andvalidating as the City of Virginia $each has been
striving to achieve thu Medalfion of Bxcel5nce for severalyears.
How, ~er~ore, L Mqera ~. Obemdo~ Mayor ~ the City ~ Virginia $each, Virginia, do hereby
Procfiim:
May 4, 1999
Quality Government Organization Oay
In Virginia $each, and encourage all citizens to be recognize the outstanding achievements of our city
government.
In 'Witness Whereof, I have hereunto set my handandcausedttie Offi'cialSealof the City of Virginia
$each, Virginia, to be affixed this Gout'th ~Day of May, Hineteen HundredandHinety-Hine.
Item VI-H. 1.
- 20-
PUBLIC HEARING
ITEM # 44936
Mayor Oberndorf DECLARED A PUBLIC HEARING
REAL PROPERTY TAX INCREASE- (Resulting Assessment Increase)
The followtng regtstered to speak tn OPPOSITION:
Shtrley Snyder, 905 Windsor Road, Phone' 422-532 7, resident of Bay Colony
Lewts Winston, 5004 Cullen Road, represented the Lakeview Park Ctvtc League, Phone 363~8444
There betng no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING
May 4, 1999
Item VI-H.2.
- 21 -
PUBLIC HEARING
ITEM # 4493 7
Mayor Oberndorf DECLARED A PUBLIC HEARING:
BONDS
GENERAL OBLIGATION BONDS
[Schools, Roadways, Coastal, Buildings, Economic
and Tourism, Parks and Recreation and other public
facility improvements]
STORM WA TER UTILITY BONDS
WA TER AND SEWER UTILITY REVENUE BONDS $
$6,7oo, ooo
$,300,000
9,$~3,$oo
There betng no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
May 4, 1999
Item VI-H.3.
- 22 -
PUBLIC HEARING
ITEM # 44938
Mayor Oberndorf DECLARED A PUBLIC HEARING:
RESOURCE MANAGEMENT PLAN- Community for a Lifetime
FY 1999-2000 OPERATING BUDGET
$1,068,603,358
FY 1999-2000 CIP CAPITAL BUDGET
$ 168,460,307
FY1999-2005 CAPITAL IMPROVEMENT PLAN $1,290,638,119
The following regtstered to speak
Dean DaSilva, 3419 Virgtnia Beach Boulevard, B-3, represented the firefighters and requested 15personnel
and 27 Captain upgrades
Martan Sanders, 3 797 Lake Tahoe Tratl, Phone' 471-06290, Chatrman Mayor Commtttee for the Dtsabled
Lurhne Farwell, 1801 Camelot Drive, Phone' 481-7156, spoke relattve fundtngfor Endependence Center
Rtchard Grtmstead, 411 15tn Street, Phone' 425-5309, represented restdents of the North Lake Holly
expressing concerns relattve Lake Holly
There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
May 4, 1999
Item VI-I.
- 23 -
PUBLIC INFORMATION
ITEM # 44939
Mayor Oberndorf DECLARED A HEARING FOR PUBLIC INFORMATION
MUL TI-FAMIL Y RESIDENTIAL RENTAL HOUSING REVENUE BONDS
Renaissance Housing, LLC $ 10,000,000
[The Hamptons and Hampton Court Apartments]
Renaissance Housing, LLC $ 9,000,000
[Mayfair I and Mayfair H Apartments]
Silver Hill at Thalia
$ 4,400,000
Tallwood LP $ 6,500,000
There being no speakers, Mayor Oberndorf CLOSED THE HEARING FOR PUBLIC INFORMATION
May 4, 1999
Item VI-J/K.
- 24 -
RES OL UTIONS/ORDINANCES
ITEM # ,14940
Upon motton by Vice Mayor Sessoms, seconded by Councdman Branch, C~ty Councd APPROVED IN
ONE MOTION, Resoluttons 1 and Or&nances 1, 2 (DEFERRED), 3, 5, 6 (DEFER INDEFINITEL Y)
and 7 of the CONSENT AGENDA
Item 2 was DEFERRED, BY CONSENT, until the City Councd Sesston of May 25, 1999
Item 6 was DEFERRED INDEFINITEL Y, B Y CONSENT
Vottng. 9-0
Councd Members Voting Aye
Linwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera
E. Oberndorf Vice Mayor Wtlham D Sessoms, Jr and A M "Don"
Weeks
Councd Members Vottng Nay'
None
Council Members Absent'
Harold Heischober and Nancy K. Parker
May 4, 1999
Item VI-J. 1.
- 25 -
RESOLUTIONS
ITEM # 44941
Upon motton by Vtce Mayor Sessoms, seconded by Councilman Branch, Ctty Council ADOPTED
Resoluttons to approve tssuance of the Virginia Beach Development
Authority's Multi-Family Rental Housing Revenue Bonds:
Renatssance Houstng, LLC Not to exceed $10, 000, 000
[The Hamptons and Hampton Court Apartments]
Renatssance Houstng, LLC Not to exceed $ 9,000,000
[Mayfatr I and Mayfair II Apartments]
Silver Htll at Thaha, LLC
Not to exceed $ 4,400,000
Tallwood L P
Not to exceed $ 6,500,000
Vottng 9-0 (By ConsenO
Counctl Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham IV. Harrison, Jr,
Barbara M Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera
E Oberndorf, Vtce Mayor Wtlham D Sessoms, Jr and A M "Don"
Weeks
Councd Members Vottng Nay.
None
Counctl Members Absent
Harold Hetschober and Nancy K Parker
May 4, 1999
R£SOLIITION APPROVING Tfl£ ISSUANCE OF
MULTIFAMI~¥ RESID£NTL~,L RENTAL HOUSING REVENUE BONDS
BY THE CITY OF_ .._VIRGINIA BEACH DIEv~[OP~M.E_NTA_U._T~ORITY
WHEREAS, the City of Virginia Beach Development Authority (the
"Authority") has considered the request of Renaissance Housing, LLC, a Delaware
limited liability company (the "Borrower") for the issuance of the Authority's
muhifamily residential rental housing revenue bonds in an amount not to exceed
$11,000,000 (the "Bonds") to finance the acquisaion and rehabilitation of a muh~fam~ly
residential rental housing project known as The Hamptons and Hampton Court
Apartments, located at 701 Hampton Way in the City of Virginia Beach (the "Project"),
to be owned by the Borrower or a wholly owned or controlled affiliate thereof or of The
Doe Fund. Inc. a New Yo,'k not-for-profit corporation and has held a public hearing
thereon on April 20, 1999, and
WI:IEREAS, the Borrower has determined that the financing of the acquisition
and rehabilitation of the P)oject will require the ~ssuance ofboncls in an amount no[ to
exceed $10,000,000, and
WHEREAS, Authomy has recommended that the City Council (the "Council")
ofthe City of Virginia Beach (the "C~ty") approve the Issuance of the Bonds by the
Authority to comply w~th ~he requiremem~ of Section 147(0(2) of the Internal Revenue
Code of 1986, as amended, and Treasury Regulations l~sued thereunder (the "Code"),
and
WHEREAS, a copy of the fiscal ~mpact statement, the Authonty's resolution
recommending approval of the Bonds by ~he Council. and a record of the public hearing
held thereon have been filt.d with the Clerk of the Council,
BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF
VIRGINIA BEACH, VIIIGNIA:
1 The Council approves the issuance of the Bonds by the Authority for the
benefit of the Borrower in an amount not to exceed $10,000,00, to ~he extent and as
required by Section 147{0(2) of the Code, m permit the Authority to a~sist In ~he
financing of the Project
2 The approval of the issuance of the bonds, as required by Section
147(f)(2) of the Code, does not const~rme an endorsement of the Bonds or the
creditworthiness of the Borrower, and the Bonds shall provide that ne~her the
Commonwealth of V~rgima, the C~y nor ,he Authority shall be obligated to pay the
Bonds or interest ~hereon t}r other costs incident thereto except from the revenues and
money pledged therefor, and neither the faith and credit nor the taxing power of the
Commonwealth of Virginia, the City or the Authomy shall be pledged thereto
3 This resolution shall take effect immediately upon its adoption
Adopted by the Cltv CouncIl of the City of Virginia Beach, Virginia on May 4,
1999
A TRUE COPY
TESTE'
City clerk
2122408250 TO 91804?832294 P.05
The Hamptons & Hampton Court/Mayfair Apartments
Location Map
[ , ,
0 .,5
CB H Icimrcl Eh
Rece~vecl Apr-lZ-99 06:27'pm From-Z122406Z60 To-LE CLAIR RYAN PaIe 05
VIRGINIA
Development Authortty
One Columbus Center. Suite 300
V~rginia Beach, VA 23462
(757) 437-6464
FAX (7:57) 499-9894
F. Dudley Fulton, Chatr
Stephen W. Burke. Vice-Chair
W. Brantley Basnight ill, Secretary
Kenneth D Barefoot, Treasurer
Elizabeth A. "Betsy" Duke
Robert F. Hagans. Jr.
Robert G Jones
April 20, 1999
The Honorable Meyera E. Oberndorf, Mayor
Members of City Council
Municipal Center
Virginia Beach, VA 23456
Re;
The Hamptons and Hampton Court Apartments
212 Unit Multi-Family Residential Rental Housing Project
Dear Mayor Oberndorf and Members of City Council:
We submit the following in connection with projects for The Hamptons and Hampton Court
Apartments located at 701 Hampton Way in Virginia Beach, Virginia.
(1) Evidence of publication of the notice of heating is attached as Exhibit A , and a
summary of the statements made at the public hearing is attached as Exhibit B . The City of
Virginia Beach Development Authority's (the "Authority") resolution recommending Council's
approval is attached as Exhibit C.
(2) The Disclosure Statement is attached as Exhibit D.
(3) The statement of the Authority's reasons for its approval as a benefit for the City of
Virginia Beach and its recommendation that City Council approve the modification of the bonds
described above is attached as Exhibit E.
The Honorable Meyera E. Obemdorf, Mayor
Members of City Council
Page 2
April 20, 1999
(4) The Fiscal Impact Statement is attached as Exhibit F.
(5) Attached as Exhibit G is a summary sheet setting forth the type of issue, and identifying
the Project and the principals.
(6) Attached as Exhibit H is a letter from the appropriate City department commenting on
the Project.
FDF/GLF/rab
Enclosures
Very truly yo urs,./'~.
Dudley ~fi~lfon
Chairman~/
EXHIBIT A
THE VIRGINIAN-PILOT
NORFOLK. VIRGINIA
AFFIDAVIT OF PUBLZCAT~ON
L~CLAZR RYAN, ATTORNEYS
RUSg£LL $. ~NG~R. £
REFRRENCE: ~000~386 R~c~a~d H~Z
469600409 ~Olq~
C~ty of Norfolk
This day, D. Johnson personally appeared before me
and after De~n~ duly sworn, made oat~ ~hac.
1) S~ ~ a~ldavzc clerk 06 T~e V~rgz;t~an-P~loc.
a n=w;paper published by Landmark Communic&~ons
Znc.. In =he ciule~ o~ Norfolk, PorK~mouuh,
Chesapeake. Suffolk. and VLr~lnia ~eaeh. Sca=~ of
anuexed ha~ been puDl~sh~d in 8a1~ newspaper on
PUBLISHED ON: 04/07 04/14
TOTAL CO~T: 609.96 AD SPACE; 102 LZNE
PIL£D ON 04/16/99
-_~. ___..-__. .--m .... --. .... .. .... ... ..... .
Sub~cribed and ~wor~Jco Defo=~e ~n my c~cy and Ecace on the day and year
EXHIBIT A
NOTICE OF PUBLIC HEARING ON PROPOSED
MULTIFAMILY RESIDENTIAL RENTAL HOUSING REVENUE BOND FINANCINGS
OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
Notice is hereby given that the City of Virginia Beach Development Authority ("Authority") will
hold a public hearing on the applications of Renaissance Housing, LLC, a Delaware limited liability
company (the "Applicant") for the Authority to issue, pursuant to applicable provisions of Chapter 643 of
the Acts of Assembly of 1964, the Housing Authorities Law, Title 36, Chapter 1, Code of Virginia 1950,
as amended, and the Industrial Development and Revenue Bond Act, Title 49, Chapter 15 2 of the Code of
Virginia 1950, as amended, (1) up to TEN MILLION DOLLARS ($10,000,000) ofits mulitfamily
residential rental housing revenue bonds to assist in the acquisition, construction and renovation of a 196
unit multifamily residential rental housing facility known as Mayfair I and Mayfair II Apartments (the
"Mayfair Facility"), located at 5826 Newtown Arch in the City of Virginia Beach, Virginia, and (2) up to
ELEVEN MILLION DOLLARS ($11,000,000) of its multifamily residential rental housing revenue bonds
to assist in the acquisition, construction and renovation of a 212 unit multifamily residential rental housing
facility known as The Hamptons and Hampton Court Apartments, located at 701 Hampton Way, in the
City of Virginia Beach, Virginia (the "Hamptons Facility," and, together with the Mayfair Facility, the
"Facilities"). Each of the Facilities will meet the requirements of a qualified residential rental project within
the meaning of Section 142(d) of the Internal Revenue Code of 1986, as amended The public hearing,
which may be continued or adjourned, will be held at 8 30 a m on April 20, 1999, before the Authority at
its offices located One Columbus Center, Suite 300, Virginia Beach, Virginia 23462 The Facilities will be
owned by either the Applicant or a newly formed entity controlled by the Applicant or, depending on the
availability of private activity bond cap allocation for the Facilities, a newly formed entity wholly owned by
The Doe Fund, Inc., a New York 501(c)(3) not for profit corporation In any event, the bonds will not
pledge the faith and credit or the taxing power of the Commonwealth of Virginia or any political
subdivision thereof, but will be payable solely from revenues derived from the Facilities and pledges
therefor Any person interested in the issuance of the bonds or the location or purpose of the proposed
Facilities may appear and be heard A copy of the Applicant's applications may be inspected at the
Authority's office at One Columbus Center, Suite 300, Virginia Beach, Virginia 23607 during business
hours Comments on the Application may be forwarded to Mr Tony Valentine, Project Development
Manager of the Authority, at its office located at One Columbus Center, Suite 300, Virginia Beach,
Virginia 23462
City of Virginia Beach Development Authority
F. ~udley Fu~ff
Chairman
EXHIBIT B
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
RECORD OF PUBLIC HEARING
(THE HAMPTON$ & HAMPTON COURT APARTMENTS PROJECT)
The Chairman of the City of Virginia Beach Development (the "Authority")
announced the commencement of a public hearing on the request of Renaissance
Housing, LLC, a Delaware limited liability company (the "Borrower") and that a notice
of public hearing was published in the Virginian-Pilot, a newspaper having general
circulation in the City of Virginia Beach, Virginia in accordance with applicable law
governing the issuance oftax exempt bonds The Chairman indicated that a copy of the
Notice and an Affidavit of Publication of such notice are to be filed with the records of
the City Council of the City of Virginia Beach.
The following individuals appeared and addressed the Authority:
Richard L Hurlbert, Jr, Esq of the law firm LeClair Ryan, A Professional
Corporation (Richmond, Virginia), bond counsel, attended the hearing and introduced
Mr. Royce A Mulholland, Managing Member of the Borrower, who attended the hearing
on behalf of the Borrower, and Steve Romine, Esq of the law firm Huff, Poole &
Mahoney, P C, who attended the hearing as local counsel to the Borrower Mr Hurlbert
gave a brief description of the resolution and the Project, and opened the floor for
questions. Members of the Authority asked several questions regarding the Project,
including questions regarding (a) the public benefit of the Project, which questions were
answered by Mr Andrew Friedman of the Virginia Beach Department of Housing and
Neighborhood Preservation, and (b) the location of the Project, the improvements and
renovations that the Borrower intends to make to the Project, and the public notice
requirements, which questions were addressed to the satisfaction of the Authority by
Mr Mulholland and Mr Hurlbert, and Mr Romine
The public benefits to be realized by the City of Virginia Beach as a result of the
financing of the Project, as described by Mr Friedman, are (a) the improvement and
renovation of the Project, which will enhance the quality of life of the residents of the
Project and the aesthetic attractiveness of the Project, and (b) since none of the units at
the Project are currently reserved for use by persons of low to moderate financial means,
the increase in available rental units in the City of Virginia Beach for such persons, as
will be required by applicable law governing the issuance of tax-exempt multifamily
housing revenue bonds
No other persons appeared to address the Authority, and the Chairman closed the
public hearing
The Authority hereby recommends that the City Council of the City of Virginia
Beach, Virginia approve the issuance of the Bonds and hereby transmits the Fiscal Impact
Statement to the City Council of the City of Virginia Beach and asks that this
recommendation be received at its next regular or special meeting at which this matter
can be properly placed on the Council's agenda for hearing
· EXHIBIT C
RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDICATING ITS INTENT TO ISSUE BONDS FOR RENAISSANCE HOUSING, LLC OR A
WHOLLY-OWNED AFFILIATE THEREOF OR OF THE DOE FUND, INC. TO ACQUIRE
AND REHABILITATE A :21:2 UNIT MULTIFAMILY RESIDENTIAL RENTAL HOUSING
PROJECT
WHEREAS, there have been described to the City of Virginia Beach Development
Authority (the "Authority"), the plans of Renaissance Housing, LLC (the "Company"), whose
current address is 489 Fifth Avenue, 34~ Floor, New York, New York 1000:5, acting on its own
behalf or as representative of a wholly-owned affiliate thereof or of The Doe Fund, Inc., to
acquire and rehabilitate a 212 unit multifamily residential rental housing project known as The
Hamptons and Hampton Court Apartments (the "Project"), located at 701 Hampton Way, in the
City of Virginia Beach, Virginia, (the "City") which shall be established and maintained as a
"qualified residential rental project" within the meaning of Section 142(d) of the Internal Revenue
Code of 1986, as amended (the "Code") and, as and if necessary, Section 145(d) of the Code; and
WHEREAS, the Company, in its application and in its appearance before the Authority,
has requested that the Authority issue its multifamily residential rental housing bonds under the
provisions of Chapter 643 of the Acts of Assembly of 1964 and the Industrial Development and
Revenue Bond Act, Chapter 49, Title 15 2 of the Code of Virginia ! 950, as amended
(collectively, the "Act") in such amounts as may be necessary to finance costs to be incurred in
acquiring and renovating the Project.
WHEREAS, a public hearing has been held as required by Section 147(0 of the Code and
applicable provisions of the Code of Virginia 1950, as amended (the "Virginia Code")
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY THAT
I The foregoing recitals are approved by the Authority and are incorporated
in, and deemed a part of, this resolution
2 It is hereby found and determined by the Authority that (a) there is a significant
shortage of affordable, sanitary and safe residential rental property in the City for individuals and
families of Iow and moderate income, (b) provision of financing of such property by the Authority
will be in the public interest and will benefit the inhabitants of the City through the promotion of
their safety, health, welfare, convenience or prosperity, and (c) the acquisition and rehabilitation
of the Project for the Company in the City will further the public purposes of the Act and provide
a public benefit to the City by, among other things, ensuring the availability of affordable housing
to individuals and families of Iow and moderate income
3 It is hereby found and determined that the Project will constitute a "residential
rental project" as that term is defined in the Act
4 To induce the Company to acquire and rehabilitate the Project and maintain the
Project in the City as a "qualified residential rental project" within the meaning of Section 142(d)
of the Code and, as and if necessary, Section 145(d) of the Code, the Authority hereby agrees to
cooperate with the Company in the review and evaluation of the application to finance the Project
and, subject to the Authority's final approval of the terms and conditions of the financing of the
Project and the offering of the Bonds at a later date, to undertake the issuance of its multifamily
residential rental housing revenue bonds therefor in the maximum principal amount of
$11,000,000 (the "Bonds") upon the terms and conditions to be mutually agreed upon by the
Authority and the Company. If finally approved by the Authority, the Bonds will be issued
pursuant to an Indenture of Trust and certain other documents satisfactory to, and with terms to
be approved by, the Authority. The Bonds will be issued only after the Authority has received the
approving opinion of bond counsel as to the qualification of the Bonds under the Act and
appropriate certifications and opinions as to the offering of the Bonds and the disclosure with
respect thereto.
5. It having been represented to the Authority that it is necessary to proceed with the
acquisition and rehabilitation of the Project, the Authority hereby agrees that the Company may
proceed with the plans for the Project, enter into contracts for acquisition and rehabilitation and
take such other steps as it may deem appropriate in connection therewith, provided that nothing
herein shall be deemed to authorize the Company to obligate the Authority without its consent in
each instance to the payment of any moneys or the performance of any acts in connection with the
Project.
6 The Authority hereby agrees to the recommendation of the Company that Messrs
LeClair Ryan, A Professional Corporation, Richmond, Virginia, be appointed as bond counsel and
hereby appoints such firm to supervise the proceedings and approve the issuance of the Bonds.
7 The Authority hereby agrees, if requested, to accept the recommendation of the
Company with respect to the appointment of an agent or underwriter for the sale of Bonds
pursuant to the terms to be mutually agreed upon by the Authority and the Company
8 All costs and expenses in connection with the financing and the acquisition and
rehabilitation of the Project, including the fees and expenses of bond counsel, counsel for the
Authority and the agent or underwriter for the sale of the Bonds shall be paid from the proceeds
of the Bonds (but only to the extent permitted by applicable law) or by the Company If for any
reason such Bonds are not issued, it is understood that all such expenses shall be paid by the
Company and that the Authority shall have no responsibility therefor
9. In adopting this resolution, the Authority hereby declares its "official intent' to
issue the Bonds within the meaning of Treasury Regulation Sections ! 150-2 and I 103-ST(a)(5)
and certifies that, based upon the Company's application and other evidence available at the time
of the adoption of this resolution, the Authority reasonably expects that it will use proceeds of the
Bonds to reimburse original expenditures for the Project within the meaning and contemplation of
Treasury Regulation Section I 150-2
10 The Bonds shall be limited obligations of the Authority and shall be payable solely
out of revenues, receipts, and payments specifically pledged therefor Neither the commissioners,
officers, agents or employees of the Authority, past present and f'uture, nor any person executing
the Bonds, shall be liable personally on the Bonds by reason of' the issuance thereof'. The Bonds
shall not be deemed to constitute a general obligation debt or a pledge of' the f'aith and credit of'
the Commonwealth of' ¥irginia or any political subdivision thereof, including the City of ¥irginia
Beach and the Authority and neither the Commonwealth of ¥irginia nor any such political
subdivision thereof shall be personally liable thereon, nor in any event shall the Bonds be payable
out of' any funds properties other than the special ~unds and sources provided therefor. Neither
the faith and credit nor the taxing power of. the Commonwealth of. ¥irginia, or any political
subdivision thereo~, including the City of. ¥irginia Beach, shall be pledged to the payment of' the
pHncipal of'the Bonds or the interest thereon or other costs incident thereto. The Bonds shall not
constitute an indebtedness within the meaning of' any constitutional or statutory debt limitation or
restriction,
11. The Authority shall not be liable and hereby disclaims all liability to the Company
for any damages, direct or consequential, resulting from the Authority's failure to issue Bonds for
the Project for any reason, including but not limited to, the failure of the City Council of the City
of Virginia Beach to approve the issuance of'the Bonds Nothing herein shall be construed as a
commitment or obligation on the part of the Authority to adopt a final resolution or execute any
documents with respect to the Project.
12. Unless this resolution is extended by the Authority, the Bonds authorized
hereunder shall be issued within one year from the date hereof or this resolution shall become void
and of no further force or effect
13. The Authority hereby recommends that the City Council of the City of Virginia
Beach approve the issuance of the Bonds and hereby directs the Chairman or Vice Chairman of
the Authority to submit to the City Council of the City of Virginia Beach a reasonably detailed
summary of the comments, if any, expressed at the public hearing, the fiscal impact statement
required by Virginia law, and a copy of this resolution
This resolution shall take effect immediately upon its adoption
Certified to be a true copy of a resolution adopted on/korii.. ~ 1999
Ch-airmar~ ~.~/
Secretary
EXHIBIT D
Disclosure Stat,ement
This Disclosure Statement is provided in connection with the Application of
Renaissance Housing, LLC, a Delaware limited liability company ("Renaissance"), to the
City of Virginia Beach Development Authority (the "Authority"), for the Authority to
issue up to $10,000,000 in principal amount of its bonds to finance the acquisition and
rehabilitation of The Hamptons and Hampton Court Apartments, located at 701 Hampton
Way in the City of Virginia Beach.
The Members of Renaissance Housing, LLC are Royce A Mulholland and
William Leidesdorf. Biographical information for Messrs. Mulholland and Leidesdorf is
set forth below:
William A. Leidesdor. f. Mr Leidesdorf has over twenty-seven years experience in
capital markets, workout, development, marketing, evaluation and asset management of
residential and commercial real estate and real estate related institutions. Mr. Leidesdoff
has served in a senior executive capacity with Eastdil Realty, Inc., Lowe Enterprises, The
Palmieri Company, and was the chief operating officer of a joint venture commercial
mortgage conduit with Salomon Brothers, responsible for underwriting, credit committee,
loan committee, closing and administration Mr Leidesdorf is currently a principal in
Renaissance Housing Mr Leidesdoff is a licensed real estate broker in the State of New
York He is also an associate member of the Urban Land Institute Mr Leidesdorf is a
Director of American Property Investors, Inc, the general partner of American Real
Estate Partners, L P, a master limited partnership listed on the New York Stock
Exchange. He also serves as a Director, on behalf of an institutional investor, of Paloma
LLC, the general partner of Simpson Housing Limited Partnership, a privately held
multifamily residential development and management company headquartered in Denver,
Colorado and active throughout the Southeast, Southwest and West
Royce A. Mttlholland. Mr Mulholland has over fifteen years experience in the
public and private real estate sectors He served in the executive branch of the
government of the State of New York for eight years under the administration of Matin
Cuomo. Mr. Mulholland served as Assistant Appointments Officer to the Governor,
Management and Productivity Specialist (Division of the Budget), Deputy Director of
Housing, Assistant Secretary of Housing and Chairman, Governor's Housing Sub-
Cabinet (highest state housing post) He performed extensive work with the National
Council of State Housing Finance Agencies (NCSHFA) and HUD Under his direction,
New York State received national recognition for programs such as' the Housing New
York Program, the Housing Trust Fund, the Affordable Home Ownership Program, the
Permanent Housing for Homeless Families Program and the Infrastructure Demonstration
Program He participated in the revision of the New York City Rent Stabilization Code
and the New York State Building Code Mr Mulholland is currently a principal in
Renaissance Housing In addition, he is President of Royce Affiliates, a vehicle
established for the purpose of developing, financing and managing residential real
property in New York State and other states, including Florida, New Jersey, and Georgia
for persons of Iow to moderate financial means. Mr Mulholland provided client services
including financial advisory, structuring and financial advice.
Renaissance Housing is a single purpose entity formed for the purpose of
acquiring and rehabilitating The Hamptons and Hampton Court Apartments and Mayfair
I and Mayfair II Apartments, also located in Virginia Beach, Virginia. Accordingly, it
has no operating history or historical financial statements. While the Mayfair and
Hamptons transactions will be the first in Virginia for Renaissance Housing, Messrs.
Mulholland and Leidesdorf are also principals in Renaissance National Housing, LLC,
which is serving as the Owner's Representative and as such is currently in the process of
rehabilitating two multifamily apartment projects in Virginia, one (Brook Ridge
Apartments, 292 units) in Henrico County outside of Richmond, and the second (St.
Michaels Apartments, 260 units) in the City of Newport News, each of which was
recently purchased by newly formed 501(c)(3) entities that are owned by The Doe Fund,
Inc., a New York not for profit corporation with which Messrs Mulholland and
Leidesdorf have an ongoing business relationship through their various other multifamily
residential rental housing developments Messrs Mulholland and Leidesdorf are
committed to expanding the Renaissance presence in the Virginia market, and expect to
play an active role in the communities in which their projects are located
Messrs Mulhoiland and Leidesdorf are also principals in several other single
purpose entities that have acquired and rehabilitated (or are in the process of acquiring
and rehabilitating, as the case may be) multifamily residential rental apartment
developments in Arizona and Florida.
Financial information with respect to the other multifamily residential rental
housing projects in which Messrs Mulholland and Leidesdorf are involved as described
above is available, if necessary, on request
LESLIE L LILLEY
CITY ATTORNEY
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH. VA 23456-9004
(757) 427-453!
FAX (757) 426-5687
TDD (767) 4;7.4368
EXHIBIT E
THE HAMPTONS AND HAMPTON COURT APARTMENTS PROJECT
RESIDENTIAL RENTAL HOUSING REVENUE BONDS
The Authority recommends approval of the captioned financing. A public hearing was
held on April 20, 1999 in respect of the application by Renaissance Housing, LLC, a Delaware
limited liability company to acquire and rehabilitate The Hamptons and Hampton Court
Apartments (the "Project") and public approval given to the Project at such public hearing. The
public benefits of the Project, as described at the public hearing by Mr. Andrew Friedman of the
Virginia Beach Department of Housing and Neighborhood Preservation, are (a) the improvement
and renovation of the Project, which will enhance the quality of life of the residents of the Project
and the aesthetic attractiveness of the Project, and (b) since none of the units at the Project are
currently reserved for use by persons of low to moderate finanicial means, the increase in
available rental units in the City of Virginia Beach for such persons, as will be required by
applicable law governing the issuance of tax-exempt multifamiy housing revenue bonds.
EXHIBIT F
FISCAL IMPACT STATEMENT
FOR PROPOSED REVENUE BOND FINANCING
Date:
To: ,
Project Name:
Type of Facility:
April ,1999
The City Council of the City of Virginia Beach, Virginia
The Hamptons & Hampton Court Apartments
Multifamily Residential Rental Housing Apartment Complex
1. Maximum amount of financing sought:
$10,000,000
,
Estimated taxable value of the facility's real property
in the City of Virginia Beach:
$ 5,747,500
,
Estimated real property tax per year using present tax
rates:
$ 70,119.50
.
Estimated personal property tax per year using present tax
rates: $
N/A
,
Estimated merchants' (business license) tax per year using
present tax rates: $
N/A
o
A. Estimated dollar value per year of goods that will be purchased
from Virginia companies within the locality: $ 125,000
B. Estimated dollar value per year of goods that will be
purchased from non-Virginia companies within the locality:
$ 0
C. Estimated dollar value pre year of services that will be
purchased from Virginia companies within the locality'
$ 175,000
D. Estimated dollar value per year of goods that will be purchased
from non-Virginia companies within the locality' $
7. Estimated number of regular employees on a year round
basis' Between 5 and 10
8. Average annual salary per employee'
$ 20,000
The information contained in this Fiscal Impact Statement is bases solely on facts
and estimates provided by the Applicant, and the Authority has made not independent
investigation with respect thereto
CITY OF VIRGINIA B~H//~
By'
'" Cha~~t~-
EXIIlBI I tJ
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
REVENUE BOND FINANCING
1. Project Name:
2. Location:
3. Description of Project:
The Hamptons and Hampton Court Apartments
701 Hampton Way, City of Virginia Beach
Multifamily residential rental apartment facility
4. Amount of Bond Issue: Approximately $10,000,000
Principals'
Renaissance Housing, LLC
(see attached list for members and backgrounds of
each such member)
6 Zoning classification
Present zoning
classification of property
multifamily residential (A-18)
b. Is rezoning proposed?
No
b If so, what zoning
Classification?
N/A
The Members of Renaissance Housing, LLC are Royce A Mulholland and
William Leidesdorf Biographical information for Messrs Mulholland and Leidesdorf is
set forth below:
William ,4. Leidesdorf Mr. Leidesdorf has over twenty-seven years experience in
capital markets, workout, development, marketing, evaluation and asset management of
relldentlal and commercial real estate and real estate related institutions. Mr. Leideldorf
has served in a senior executive capacity with Eastdil Realty, ]nc., Lowe Enterprises, The
Palmieri Company, and was the chief operating officer of a joint venture commercial
mortgage conduit with Salomon Brothers, responsible for underwriting, credit committee,
loan committee, closing and administration Mr Leidesdorf is currently a principal in
Renaissance Housing Mr. Leidesdorf is a licensed real estate broker in the State of New
York. He is also an associate member of the Urban Land Institute Mr Leidesdorf is a
Director of American Property Investors, Inc, the general partner of American Real
Estate Partners, LP, a master limited partnership listed on the New York Stock
Exchange He also serves as a Director, on behalf of an institutional investor, of Paloma
LLC, the general partner of Simpson Housing Limited Partnership, a privately held
multifamily residential development and management company headquartered in Denver,
Colorado and active throughout the Southeast, Southwest and West
Royce .4. M. lholla.d Mr Mulholland has over fifteen years experience in the
public and private real estate sectors He served in the executive branch of the
government of the State of New York for eight years under the administration of Mario
Cuomo Mr Mulholland served as Assistant Appointments Officer to the Governor,
Management and Productivity Specialist (Division of the Budget), Deputy Director of
Housing, Assistant Secretary of Housing and Chairman, Governor's Housing Sub-
Cabinet (highest state housing post) He performed extensive work with the National
Council of State Housing Finance Agencies (NCSHFA) and HUD Under his direction,
New York State received national recognition for programs such as the Housing New
York Program, the Housing Trust Fund, the Affordable Home Ownership Program, the
Permanent Housing for Homeless Families Program and the Infrastructure Demonstration
Program He participated in the revision of the New York City Rent Stabilization Code
and the New York State Building Code Mr Mulholland is currently a principal in
Renaissance Housing In addition, he is President of Royce Affiliates, a vehicle
established for the purpose of developing, financing and managing residential real
property in New York State and other states, including Florida, New Jersey, and Georgia
for persons of Iow to moderate financial means Mr Mulholland provided client services
including financial advisory, structuring and financial advice
City of Virginia Beach
INTER-OFFICE CORRESPONDENCE
DATE:
April 14, 1999
TO:
FROM:
SUBJECT:
F. Dudley Fulton, Chairman
Andrew M. Friedman, Direct~(~,~.,
Department of Housing and N'e~l~.~ff~ood Preservation
Financing for the Proposed Acquisition of Mayfair I and Mayfair
Apartments and the Hamptons and Hampton Court Apartments
Based on the proposed description and representation made in the attached letter
from Richard L. Hurlbert, regarding the above referenced projects, I believe that the
acquisition and rehab of the named projects will provide a public benefit. Therefore,
the requested financing is in the public interest.
Please contact me if you have any questions.
AMF:jap
Attachment
c: Gary Fentress, City Attorney
f:\users\jponder\memos\ml&llH&HC
RESOLUTION APPROVING THE ISSUANCE OF
MULTf'FAMILY RESIDENTIAL RENTAL HOVSINa REVENUE BONOS
BY THE CITy. ~F VIRGINIA BEACH DE_V:E_.L_QPMENT AUTHORITY
WHEREAS, the City of V~rginta Beach Development Authority (the
"Authority") has considered the request of Renaissance Housing, LLC, a Delaware
limited liability company (~he "Borrower") for the issuance of the Authority's
multifamlly residential ren,al housing revenue bonds in an amount not to exceed
$10,000,000 (the "Bonds") to finance the acqmsltion and rehabilitation of a mult~family
residential rental housing project known as Mayfalr I and Mayfair 1! Apartments, located
at 5826 Nev~own Arch ,n lhe C~ty of Virginia Beach (the "Project"), to be owned by the
Borrower or a wholly owned affiliate thereof or of The Doe Fund, Inc, a New York not-
for-profit corporatton, and has held a public heanng thereon on April 20, 1999, and
WHEREAS, the Borrower has determined that the financsng of the acquisition
and rehabil~tatmn of the Project w~ll require the ~ssuance of bonds in an amount not to
exceed $9,000,000, and
WHEREAS, the A,~thority has recommended that the City Council (the
"Council") of the City of V~rgin~a Beach (the "City") approve the issuance of the Bonds
by the Authority to comply with ;he requsrements of Section 14'7(0(2) of the Internal
Revenue Code of 1986, as amended, and Trea~,ury Regulations issued thereunder (the
"Code"), and
WHEREAS, a copy of the fiscal impact statement, the Authority's resolution
recommending approval of the Bonds by the Council, and a record of the pubhc heanng
held thereon have been filed wi~h the Clerk of the Council,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIItGNIA:
I The Council approves the issuance of the Bonds by the Authority for the
benefit ofthe Borrower in an amount not ;o exceed $9,000,000, to the extent and as
required by Secnon 147(f)(2) of the Code, to permit the Authorsty to assist in the
financing of the Project
2 The approval of the issuance of the bonds, as required by Section
147(0(2) of the Code, does not constitute an endorsement ofthe Bonds or the
creditworth.mess of the Borrower, and the Bonds shall provide that neither the
Commonwealth of Virgim,~. the City nor the Authority shall be obligated to pay the
Bonds or interest thereon ~,r other costs incident thereto except from the revenues and
money pledged therefor, and neither the faith and credit nor the taxing power of the
Commonwealth of Virgima, the City or the Authority shall be pledged thereto
3 This resolution shall take effect immediately upon its adoption
Adopted by the City Council of the C~ty of Vsrglnia Beach, Vir,g~ma on May 4,
1999
A TKUE COPY
TIESTE~
City Clerk
APR 12 1999 06:2?
2122408250 TO 91804?832294 P.OS
The Hamptons & Hamptan Court/Mayfair Apartments
Location Map
,,%
Q .5
CB E~ Richard Eli~L
Received Apr-lZ-g9 06:Z?pm From-ZlZZ4OBZ50 To-LE CLAIR RYAN Page 05
VIRGiNiA
Development Authority
One Columbus Center. State 300
V~rgmia Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
F Dudley Fulton, Chair
Stephen W Burke, Vice-Chair
W Brantley Basmght Iii. Secretary
Kenneth D Barefoot, Treasurer
Elizabeth A "Betsy" Duke
Robert F Hagans. Jr
Robert G Jones
April 20, 1999
The Honorable Meyera E. Oberndorf, Mayor
Members of City Council
Municipal Center
Virginia Beach, VA 23456
Re~
Mayfatr I and Mayfatr H Apartments
196 Unit Multi-Family Residential Rental Housing Project
Dear Mayor Oberndorf and Members of City Council:
We submit the following in connection with projects for the Mayfair I and Mayfair II
Apartments located at 5826 Newtown Arch in Virginia Beach, Virginia.
(1) Evidence of publication of the notice of hearing is attached as Exhibit A, and a
summary of the statements made at the public heating is attached as Exhibit B . The City of
Virginia Beach Development Authority's (the "Authority") resolution recommending Council's
approval is attached as Exhibit C.
(2) The Disclosure Statement is attached as Exhibit D.
(3) The statement of the Authority's reasons for its approval as a benefit for the City of
Virginia Beach and its recommendation that City Council approve the modification of the bonds
described above is attached as Exhibit E.
The Honorable Meyera E. Obemdorf, Mayor
Members of City Council
Page 2
April 20, 1999
(4) The Fiscal Impact Statement is attached as Exhibit F.
(5) Attached as Exhibit G is a summary sheet setting forth the type of issue, and identifying
the Project and the principals.
(6) Attached as Exhibit H is a letter from the appropriate City department commenting on
the Project.
FDF/GLF/rab
Enclosures
Very truly yours,
Chairman o,
THE VIRGINIAN-PILOT
NORFOLK, vIRGINIA
AFFIDAVZT OF PUBLZCATION
LECLAIR RYAN, ATTORNEYS
707 E. MAIN ST llTH FLR
RUSS£LL J. SZNGER. E
RZCI. D~IOND, VA 232L~
EFRRF, NCE: L0007386 R&cnard Hu~l
~68600¢09 BoND
z~y of NorEolk
'hi~ day. D. Johnson peraonally appeared be£ore me
md al=e= ~n~ duly sworn, made oa=n =hac.
t) She ~s a~dav&c cXerk of T~ V~rg~n~an-P~Xo=.
a newspape~ published by Landmark Communica~ons
Iflc.. In the cLtles of Norfolk, For=s~u~h,
Chesapeake. suffolk, and Virginia ~each. SC&ca of
~e da=e scaced
PUBLISHED ON; O~/07 04/14
TOTAL CO~T: 609.96
FILED ON 04/16/99
AD SPACE; 102 LINE
Subscribed and ~wor~=o Defo=e Q~ ~n my c~cy and ~cace on the day and year
~oca~: . ~~ ~~ ~y c~ss~on e~ea oocooe= az. 2000
EXHIBIT A
NOTICE OF PUBLIC HEARING ON PROPOSED
MULTIFAMILY RESIDENTIAL RENTAL HOUSING REVENUE BOND FINANCINGS
OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
Notice is hereby given that the City of Virginia Beach Development Authority ("Authority") will
hold a public hearing on the applications of Renaissance Housing, LLC, a Delaware limited liability
company (the "Applicant") for the Authority to issue, pursuant to applicable provisions of Chapter 643 of
the Acts of Assembly of 1964, the Housing Authorities Law, Title 36, Chapter 1, Code of Virginia 1950,
as amended, and the Industrial Development and Revenue Bond Act, Title 49, Chapter 15 2 of the Code of
Virginia 1950, as amended, (1) up to TEN MILLION DOLLARS ($10,000,000) of its mulitfamily
residential rental housing revenue bonds to assist in the acquisition, construction and renovation of a 196
unit multifamily residential rental housing facility known as Mayfair I and Mayfair II Apartments (the
"Mayfair Facility"), located at 5826 Newtown Arch in the City of Virginia Beach, Virginia, and (2) up to
ELEVEN MILLION DOLLARS ($11,000,000) of its multifamily residential rental housing revenue bonds
to assist in the acquisition, construction and renovation of a 212 unit multifamily residential rental housing
facility known as The Hamptons and Hampton Court Apartments, located at 701 Hampton Way, in the
City of Virginia Beach, Virginia (the "Hamptons Facility," and, together with the Mayfair Facility, the
"Facilities"). Each of the Facilities will meet the requirements of a qualified residential rental project within
the meaning of Section 142(d) of the Internal Revenue Code of 1986, as amended The public hearing,
which may be continued or adjourned, will be held at 8 30 a m on April 20, 1999, before the Authority at
its offices located One Columbus Center, Suite 300, Virginia Beach, Virginia 23462 The Facilities will be
owned by either the Applicant or a newly formed entity controlled by the Applicant or, depending on the
availability of private activity bond cap allocation for the Facilities, a newly formed entity wholly owned by
The Doe Fund, lnc, a New York 501(c)(3) not for profit corporation In any event, the bonds will not
pledge the faith and credit or the taxing power of the Commonwealth of Virginia or any political
subdivision thereof, but will be payable solely from revenues derived from the Facilities and pledges
therefor Any person interested in the issuance of the bonds or the location or purpose of the proposed
Facilities may appear and be heard A copy of the Applicant's applications may be inspected at the
Authority's office at One Columbus Center, Suite 300, Virginia Beach, Virginia 23607 during business
hours Comments on the Application ,nay be forwarded to Mr Tony Valentine, Project Development
Manager of the Authority, at its office located at One Columbus Center, Suite 300, Virginia Beach,
Virginia 23462
City of Virginia Beach Development Authority
F. ~udley Fu~~'~
Chairman
EXHIBIT B
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
RECORD OF PUBLIC IIEARING
(MAYFAIR ! AND MAYFAIR Il APARTMENTS PROJECT)
The Chairman of the City of Virginia Beach Development (the "Authority")
announced the commencement of a public hearing on the request of Renaissance
Housing, LLC, a Delaware limited liability company (the "Borrower") and that a notice
of public hearing was published in the Virginian-Pilot, a newspaper having general
circulation in the City of Virginia Beach, Virlilnla in accordance with applicable law
governing the Issuance of tax exempt bonds. The Chairman indicated that a copy of the
Notice and an Affidavit of Publicatlon of such notice are to be flied with the records of
the City Council of the City of Virginia Beach.
The following individuals appeared and addressed the Authority:
Richard L. Hurlbert, .Ir, Esq. of the law firm LeClair Ryan, A Professional
Corporation (Richmond, Virginia), bond counsel, attended the hearing and introduced
Mr. Royce A Mulholland, Managing Member ofthe Borrower, who attended the hearing
on behalf of the Borrower, and Steve Romine, Esq of the law firm Huff, Poole &
Mahoney, P.C, who attended the hearing as local counsel to the Borrower Mr. Hurlbert
gave a brief description of the resolution and the Project, and opened the floor for
questions. Members of the Authority asked several questions regarding the Project,
including questions regarding (a) the public benefit of the Project, which questions were
addressed to the satisfaction of the Authority by Mr Andrew Friedman of the Virginia
Beach Department of Housing and Neighborhood Preservation, and (b) the location of
the Project, the improvements and renovations that the Borrower intends to make to the
Project, and the public notice requirements, which questions were addressed to the
satisfaction of the Authority by Mr. Mulholland, Mr. Hurlbert, and Mr. Romine.
The public benefits to be realized by the City of Virginia Beach as a result of the
financing of the Project, as described by Mr Friedman, are (a) the improvement and
renovation of the Project, which will enhance the quality of life of the residents of the
Project and the aesthetic attractiveness of the Project, and (b) since none of the units at
the Project are currently reserved for use by persons of Iow to moderate financial means,
the increase in available rental units in the City of Virginia Beach for such persons, as
will be required by applicable law governing the issuance of tax-exempt multifamily
housing revenue bonds.
No other persons appeared to address the Authority, and the Chairman closed the
public hearing.
The Authority hereby recommends that the City Council of the City of Virginia
Beach, Virginia approve the issuance of the Bonds and hereby transmits the Fiscal Impact
Statement to the City Council of the City of Virginia Beach and asks that this
recommendation be received at its next regular or special meeting at which this matter
can be properly placed on the Council's agenda for hearing.
EXHIBIT C
RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDICATING ITS INTENT TO ISSUE BONDS FOR RENAISSANCE HOUSING, LLC OR A
WHOLLY-OWNED AFFILIATE THEREOF OR OF THE DOE FUND, INC. TO ACQUIRE
AND REHABILITATE A 196 UNIT MULTIFAMILY RESIDENTIAL RENTAL HOUSING
PROJECT
WHEREAS, there have been described to the City of Virginia Beach Development
Authority (the "Authority"), the plans &Renaissance Housing, LLC (the "Company"), whose
current address is 489 Fifth Avenue, 34th Floor, New York, New York 10005, acting on its own
behalf or as representative of a wholly-owned affiliate thereof or of The Doe Fund, Inc, to
acquire and rehabilitate a 196 unit muitifamily residential rental housing project known as Mayfair
I and Mayfair II Apartments (the "Project"), located at 5826 Newtown Arch, in the City of
Virginia Beach, Virginia, (the "City") which shall be established and maintained as a "qualified
residential rental project" within the meaning of Section 142(d) of the Internal Revenue Code of
1986, as amended (the "Code") and, as and if necessary, Section 145(d) of the Code, and
WHEREAS, the Company, in its application and in its appearance before the Authority,
has requested that the Authority issue its muitifamily residential rental housing bonds under the
provisions of Chapter 643 of'the Acts of Assembly of 1964 and the Industrial Development and
Revenue Bond Act, Chapter 49, Title 15 2 of the Code of Virginia 1950, as amended
(collectively, the "Act") in such amounts as may be necessary to finance costs to be recurred in
acquiring and renovating the ProJect
WHEREAS, a public hearing has been held as required by Section 147(0 of the Code and
applicable provisions of the Code of Virginia 1950, as amended (the "Virginia Code")
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRG1NIA BEACH
DEVELOPMENT AUTHORITY THAT
I The foregoing recitals are approved by the Authority and are incorporated
in, and deemed a part of, this resolution
2 It is hereby found and determined by the Authority that (a) there is a significant
shortage of affordable, samtary and safe residential rental property in the City for individuals and
families of Iow and moderate income, (b) provision of financing of such property by the Authority
will be in the public interest and will benefit the inhabitants of the City through the promotion of
their safety, health, welfare, convenience or prosperity, and (c) the acqmsition and rehabilitation
of the Project for the Company in the City will further the public purposes of the Act and provide
a public benefit to the City by, among other things, ensuring the availability of affordable housing
to individuals and famihes of iow and moderate income
3 It is hereby found and determined that the Project wtll constttute a "residential
rental project" as that term is defined tn the Act
4 To induce the Company to acquire and rehabilitate the Project and maintain the
Project in the City as a "qualified residential rental project" within the meaning of Section 142(d)
of the Code and, as and if necessary, Section 145(d) of the Code, the Authority hereby agrees to
cooperate with the Company in the review and evaluation of the application to finance the Project
and, subject to the Authority's final approval of the terms and conditions of the financing of the
Project and the offering of the Bonds at a later date, to undertake the issuance of its multifamily
residential rental housing revenue bonds therefor in the maximum principal amount of
$10,000,000 (the "Bonds") upon the terms and conditions to be mutually agreed upon by the
Authority and the Company If finally approved by the Authority, the Bonds will be issued
pursuant to an Indenture of Trust and certain other documents satisfactory to, and with terms to
be approved by, the Authority The Bonds will be issued only at, er the Authority has received the
approving opinion of bond counsel as to the qualification of the Bonds under the Act and
appropriate certification s and opinions as to the offering of the Bonds and the disclosure with
respect thereto
5 It having been represented to the Authority that it is necessary to proceed with the
acquisition and rehabilitation of the Project, the Authority hereby agrees that the Company may
proceed with the plans for the Project, enter into contracts for acquisition and rehabilitation and
take such other steps as it may deem appropriate in connection therewith, provided that nothing
herein shall be deemed to authorize the Company to obligate the Authority without its consent in
each instance to the payment of any moneys or the performance of any acts ~n connection with the
ProJect
6 The Authority hereby agrees to the recommendation of the Company that Messrs
LeClair Ryan, A Professional Corporation, R~chmond, Virginia, be appointed as bond counsel and
hereby appoints such firm to supervise the proceedings and approve the issuance of the Bonds
7 The Authority hereby agrees, ff requested, to accept the recommendation of the
Company with respect to the appointment of an agent or underwriter for the sale of Bonds
pursuant to the terms to be mutually agreed upon by the Authority and the Company
8 All costs and expenses ~n connection with the financing and the acquisition and
rehabilitation of the Project, including the fees and expenses of bond counsel, counsel for the
Authority and the agent or underwriter for the sale of the Bonds shall be prod from the proceeds
of the Bonds (but only to the extent permitted by apphcable law) or by the Company If for any
reason such Bonds are not issued, it is understood that all such expenses shall be paid by the
Company and that the Authority shall have no responsibility therefor
9 In adopting this resolution, the Authority hereby declares its "official intent' to
issue the Bonds within the meaning of Treasury Regulation Sections I 150-2 and I 103-ST(a)(5)
and certifies that, based upon the Company's application and other evidence available at the time
of the adoption of this resolution, the Authority reasonably expects that ~t will use proceeds of the
Bonds to reimburse original expenditures for the Project within the meaning and contemplation of
Treasury Regulation Section I 150-2
10 The Bonds shall be limited obligations of the Authority and shall be payable solely
out of revenues, receipts, and payments specifically pledged therefor Neither the commissioners,
officers, agents or employees of the Authority, past present and future, nor any person executing
the Bonds, shall be liable personally on the Bonds by reason of the issuance thereof. The Bonds
shall not be deemed to constitute a general obligation debt or a pledge of the faith and credit of
the Commonwealth of Virginia or any political subdivision thereof, including the City of Virginia
Beach and the Authority and neither the Commonwealth of Virginia nor any such political
subdivision thereof shall be personally liable thereon, nor in any event shall the Bonds be payable
out of any funds properties other than the special funds and sources provided therefor. Neither
the faith and credit nor the taxing power of the Commonwealth of Virginia, or any political
subdivision thereof, including the City of Virginia Beach, shall be pledged to the payment of the
principal of the Bonds or the interest thereon or other costs incident thereto The Bonds shall not
constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or
restriction
11 The Authority shall not be liable and hereby disclaims all liability to the Company
for any damages, direct or consequential, resulting from the Authority's failure to issue Bonds for
the Project for any reason, including but not limited to, the failure of the City Council of the City
of Virginia Beach to approve the issuance of the Bonds Nothing herein shall be construed as a
commitment or obligation on the part of the Authority to adopt a final resolution or execute any
documents with respect to the Project
12 Unless this resolution is extended by the Authority, the Bonds authorized
hereunder shall be issued within one year from the date hereof or this resolution shall become void
and of no further force or effect
13 The Authority hereby recommends that the City Council of the City of Virginia
Beach approve the issuance of the Bonds and hereby directs the Chairman or Vice Chairman of
the Authority to submit to the City Council of the City of Virginia Beach a reasonably detailed
summary of the comments, if any, expressed at the public hearing, the fiscal impact statement
required by Virginia law, and a copy of this resolution
This resolution shall take effect immediately upon its adoption
Certified to be a true copy of a resolution adopted on April ,1999~
Chairman ~ x
Secretary
EXHIBIT D
Disclosure Statement
This Disclosure Statement is provided in connection with the Application of
Renaissance Housing, LLC, a Delaware limited liability company ("Renaissance"), to the
City of' Virginia Beach Development Authority (the "Authority"), for the Authority to
issue up to $9,000,000 in principal amount of its bonds to finance the acquisition and
rehabilitation of. Mayf.air I and Mayfair II Apartments, located at 5286 Newtown Arch in
the City of. Virginia Beach.
The Members of' Renaissance Housing, LLC are Royce A Muiholland and
William Leidesdorf Biographical information for Messrs Mulholland and Leidesdorf is
set forth below.
William A. Letdesdorf Mr Leidesdorf has over twenty-seven years experience in
capital markets, workout, development, marketing, evaluation and asset management of
residential and commercial real estate and real estate related institutions Mr Leidesdorf
has served in a senior executive capacity with Eastdil Realty, Inc, Lowe Enterprises, The
Palmieri Company, and was the chief operating officer of a joint venture commercial
mortgage conduit with Salomon Brothers, responsible for underwriting, credit committee,
loan committee, closing and administration Mr Leidesdorf is currently a principal in
Renaissance Housing Mr Leidesdorf is a licensed real estate broker in the State of New
York He is also an associate member of the Urban Land Institute Mr Leidesdorf is a
Director of American Property Investors, Inc, the general partner of American Real
Estate Partners, L P, a master limited partnership listed on the New York Stock
Exchange He also serves as a Director, on behalf of an institutional investor, of Paloma
LLC, the general partner of Simpson Housing Limited Partnership, a privately held
multifamily residential development and management company headquartered in Denver,
Colorado and active throughout the Southeast, Southwest and West
Royce A. M,,iholland. Mr Muihoiland has over fifteen years experience in the
public and private real estate sectors. He served in the executive branch of the
government of the State of New York for eight years under the administration of Marlo
Cuomo Mr Mulhoiland served as Assistant Appointments Officer to the Governor,
Management and Productivity Spec,alist (Div, sion of the Budget), Deputy Director of
Housing, Assistant Secretary of Housing and Chairman, Governor's Hous,ng Sub-
Cabinet (highest state housing post) He performed extensive work with the National
Council of State Housing Finance Agenc,es (NCSHFA) and HUD Under his direction,
New York State received national recognition for programs such as. the Housing New
York Program, the Housing Trust Fund, the Affordable Home Ownership Program, the
Permanent Housing for Homeless Families Program and the Infrastructure Demonstration
Program He participated in the revision of the New York City Rent Stabilization Code
and the New York State Building Code Mr Mulholland is currently a principal in
Renaissance Housing In addition, he is President of Royce Affiliates, a vehicle
established for the purpose of developing, financing and managing residential real
property in New York State and other states, including Flor,da, New Jersey, and Georgia
for persons of Iow to moderate financial means Mr Mulhoiland provided client services
including financial advisory, structuring and financial advice.
Renaissance Housing is a single purpose entity formed for the purpose of
acquiring and rehabilitating Mayfair I and Mayfair II Apartments and The Hamptons and
Hampton Court Apartments, also located in Virginia Beach, Virginia. Accordingly, it has
no operating history or historical financial statements. While the Mayfair and Hamptons
transactions will be the first in Virginia for Renaissance Housing, Messrs Mulhoiland
and Leidesdorf are also principals in Renaissance National Housing, LLC, which is
serving as the Owner's Representative and as such is currently in the process of
rehabilitating two multifamily apartment projects in Virginia, one (Brook Ridge
Apartments, 292 units) in Henrico County outside of Richmond, and the second (St.
Michaels Apartments, 260 units) in the City of Newport News, each of which was
recently purchased by newly formed 501(c)(3) entities that are owned by The Doe Fund,
lnc, a New York not for profit corporation with which Messrs Mulholland and
Leidesdorfhave an ongoing business relationship through their various other multifamily
residential rental housing developments Messrs Mulhoiland and Leidesdorf are
committed to expanding the Renaissance presence in the Virginia market, and expect to
play an active role in the communities in which their projects are located
Messrs Mulholland and Leidesdorf are also principals in several other single
purpose entities that have acquired and rehabilitated (or are in the process of acquiring
and rehabilitating, as the case may be) multifamily residential rental apartment
developments in Arizona and Florida
Financial information with respect to the other multifamily residential rental
housing projects in which Messrs Mulholland and Leidesdorf are involved as described
above is available, if necessary, on request
VIRGINIA
BEACH
Developmenl Aulhorllv
One Columbus Center, State 300
V~rgmla Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
F Dudley Fulton, Chair
Stephen W Burke, Vtte-Chatr
W Branlley Ba,,mgh! Ill. Secretary
Kenneth D Barefoot. Treasurer
Ehzabeth A ' Betsy" Duke
Robert F Hagans. Jr
Robert G Jones
EXHIBIT E
MAYFAIR I AND MAYFAIR II APARTMENTS PROJECT
RESIDENTIAL RENTAL HOUSING REVENUE BONDS
The Authority recommends approval of the captioned financing. A public hearing was
held on April 20, 1999 in respect of the application by Renaissance Housing, LLC, a Delaware
limited liability company to acquire and rehabilitate the Mayfair I and Mayfair Il Apartments (the
"Project") and public approval given to the Project at such public hearing. The public benefits
of the Project, as described at the public hearing by Mr. Andrew Friedman of the Virginia Beach
Department of Housing and Neighborhood Preservation, are (a) the improvement and renovation
of the Project, which will enhance the quality of life of the residents of the Project and the
aesthetic attractiveness of the Project, and (b) since none of the units at the Project are currently
reserved for use by persons of low to moderate finanicial means, the increase in available rental
units in the City of Virginia Beach for such persons, as will be required by applicable law
governing the issuance of tax-exempt multffamiy housing revenue bonds.
FISCAL IMPACT STATEMENT
FOR PROPOSED REVENUE BOND FINANCING
Date:
To:
Project Name'
Type of Facility:
April __, 1999
The City Council of the City of Virginia Beach, Virginia
Mayfair I and Mayfair II Apartments
Muitifamily Residential Rental Housing Apartment Complex
1. Maximum amount of financing sought
$ 9,000,000
,
Estimated taxable value of the facility' s real property
in the City of Virginia Beach
$ 5,172,900
Estimated real property tax per year using present
tax rates
$ 63,109 38
Estimated personal property tax per year using present
tax rates
$ N/A
Estimated merchants' (business license) tax per year
using present tax rates
$ N/A
A Est.nated dollar value per 3'ear of goods that will be purchased
from V~rgnma compames ',~-lllun the locality $ 100,000
B EsUmated dollar x alue per )'ear of goods that will be purchased
from non-V~rgima companies within the locality $
C Estimated dollar value pre year o£ services that will be purchased
from V~rg~ma compan,es ~lllun the locality $ 145,000
D Estimated dollar value per year of goods that will be purchased
from non-Virginia compames w~tlun the Iocalfly $
Estimated number of regular employees on a year round
basis
Between 5 and 10
8 Average annual salary per employee
$ 20,000
The information contained in this Fiscal Impact Statement is bases solely on facts
and estimates provided by the Applicant, and the Authority has made not independent
investigation with respect thereto
CITY OF VIRGINIA BEACJ:t/~
DEVELOP~t-~ A~T-Jq~'F¥ ,
v - .,/)~,-~ ' ~ ~- - ~
/
EXHIBIT G
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
REVENUE BOND FINANCING
1. Project Name:
Mayfair I and Mayfair II Apartments
2. Location:
5826 Newtown Arch, City of Virginia Beach
3. Description of Project'
Multifamily residential rental apartment facility
4. Amount of Bond Issue' Approximately $9,000,000
5 Principals
Renaissance Housing, LLC
(see attached list for members and backgrounds of
each such member)
6 Zoning classification
Present zoning
classification of property
multifamily residential (A-18)
b Is rezoning proposed?
No
b If so, what zoning
Classification9
N/A
The Members of Renaissance Housing, LLC are Royce A Mulholland and
William Leidesdorf Biographical information for Messrs Mulhoiland and Leidesdorf is
set forth below.
Wiiham A. Leidesdo~f. Mr. Leidesdorf has over twenty-seven years experience in
capital markets, workout, development, marketing, evaluation and asset management of
residential and commercial real estate and real estate related institutions Mr Leidesdorf
has served in a senior executive capacity with Eastdil Realty, Inc, Lowe Enterprises, The
Palmieri Company, and was the chief operating officer of a joint venture commercial
mortgage conduit with Salomon Brothers, responsible for underwriting, credit committee,
loan committee, closing and administration Mr Leidesdorf is currently a principal in
Renaissance Housing Mr Leidesdorf is a licensed real estate broker in the State of New
York He is also an associate member of the Urban Land Institute Mr. Leidesdorf is a
Director of American Property Investors, Inc, the general partner of American Real
Estate Partners, L P, a master limited partnership listed on the New York Stock
Exchange He also serves as a Director, on behalf of an institutional investor, of Paloma
LLC, the general partner of Simpson Housing Limited Partnership, a privately held
multifamily residential development and management company headquartered in Denver,
Colorado and active throughout the Southeast, Southwest and West
Royce A. Mulbolland Mr Mulhoiland has over fifteen years experience in the
public and private real estate sectors He served in the executive branch of the
government of the State of New York for eight years under the administration of Mario
Cuomo Mr Mulholland served as Assistant Appointments Officer to the Governor,
Management and Productivity Specialist (Division of the Budget), Deputy Director of
Housing, Assistant Secretary of Housing and Chairman, Governor's Housing Sub-
Cabinet (highest state housing post) He performed extensive work with the National
Council of State Housing Finance Agencies (NCSHFA) and HUD Under his d~rection,
New York State received national recognition for programs such as the Housing New
York Program, the Housing Trust Fund, the Affordable Home Ownership Program, the
Permanent Housing for Homeless Families Program and the Infrastructure Demonstration
Program He participated in the revision of the New York City Rent Stabilization Code
and the New York State Building Code Mr Mulholland is currently a principal in
Renaissance Housing In addition, he is President of Royce Affiliates, a vehicle
established for the purpose of developing, financing and managing residential real
property in New York State and other states, including Florida, New Jersey, and Georgia
for persons of Iow to moderate financial means Mr Mulholland provided client services
including financial advisory, structuring and financial advice
EXHIBIT H
City of Virginia Beach
INTER-OFFICE CORRESPONDENCE
DATE:
April 14, 1999
TO:
FROM:
SUBJECT:
F. Dudley Fulton, Chairman
Andrew U. Friedman, Direct~(~l,~,~
Department of Housing and N'e~[l~IYood Preservation ch
Financing for the Proposed Acquisition of Mayfair I and Mayfair
Apartments and the Hamptons and Hampton Court Apartments
,, ,
Based on the proposed description and representation made in the attached letter
from Richard L. Hurlbert, regarding the above referenced projects, I believe that the
acquisition and rehab of the named projects will provide a public benefit. Therefore,
the requested financing is in the public interest.
Please contact me if you have any questions.
AMF:jap
Attachment
c: Gary Fentress, City Attorney
f:\users\lponder\memos\ml&llH&HC
RESOLUTION APPROVING THE ISSUANCE
OF REVENUE BONDS FOR
SILVER HILL AT THALIA, LLC
WHEREAS, the Internal Revenue Code of 1986, as amended (the "Tax Code"), provides
that the highest elected governmental officials of the governmental units having jurisdiction over
the Issue of private activity bonds and over the area in which any facility financed with the
proceeds of private activity bonds is located shall approve the issuance of such bonds; and
WHEREAS, the City of Virginia Beach Development Authority (the "Authority") issues
its bonds on behalf of the City of Virginia Beach, Virginia (the "City") and the members of the
City Council of the City (the "Council") constitute the highest elected governmental officials of
the City; and
WHEREAS, Section 15.2-4906 of the Code of Virginia of 1950, as amended (the
"Virginia Code"), provides that the Council shall within 60 calendar days from the date of the
public hearing with respect to industrial development revenue bonds either approve or
disapprove the issuance of such bonds; and
WHEREAS, the City of Virginia Beach Development Authority (the "Authority') held a
public hearing on February 24, 1998 with respect to the reapplication of Silver Hill at Thalia,
LLC (the "Company") for the issuance of the Authority's Multi-Family Residential Rental
Housing Bonds in an amount not to exceed $4,400,000.00 (the "Bonds") to assist the Company
in acquiring approximately 3± acres of land located at 4353 Bonney Road, Virginia Beach,
Virginia and developing, constructing and equipping on such land an approximately 142-unit
apartment complex for elderly and disabled residents of low and moderate income to be located at
4353 Bonney Road, Virginia Beach, Virginia (collectively, the "Facility"); and
WHEREAS, following the public hearing held February 24, 1998, the Authority approved
the issuance of the Bonds in an amount not to exceed $4,400,000 for the benefit of the Company to
finance the Facility; and
WHEREAS, on April 14, 1998, the Council approved the Company's application for the
Bonds; and
WHEREAS, pursuant to Treasury Regulation Section 5f. 103-2(f) promulgated under the
Code, the Bonds must be issued within one year of the date of approval by the Authority and the
Council; and
WHEREAS, the Company anticipates the Bonds being issued before June 1, 1999; and
WHEREAS, in its appearance before the Authority on April 20, 1999, the Company
requested that the Authority reaffirm its Resolution adopted by the Authority on February 24,
1998, approving the issuance of the Bonds (the "1998 Resolution"); and
WHEREAS, a second public hearing was held as required by § 147(0 of the Intemal
Revenue Code of 1986, as amended, and by § 15.2-4906 of the Code of Virginia of 1950 as
amended, on April 20, 1999; and
WHEREAS, the Authority has favorably considered the Company's re-application and a
copy of the Authority's resolution re-approving the issuance of the Bonds, subject to terms to be
agreed on, a reasonably detailed summary of the comments expressed at the public hearing with
respect to the Bonds and a statement in the form prescribed by Section 15.2-4907 of the Virginia
Code have been filed with the Council, together with the Authority's recommendation that the
Council re-approve the issuance of the Bonds;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. The recitals made in the preambles to this Resolution are hereby adopted as a part
of this Resolution.
2. The City Council approves the issuance of the Bonds by the Authority to assist in
the financing of the Facility for the benefit of the Company to the extent of and as
required by Section 147(0(2) of the Tax Code and Section 15.2-4906 of the
Virginia Code. The approval of the issuance of the Bonds, as required by Section
147(0(2) of the Tax Code and Section 15.2-4906 of the Virginia Code, does not
constitute an endorsement of the Bonds or the creditworthiness of the Company,
but, as required by Section 15.2-4909 of the Virginia Code, the Bonds shall
provide that neither the City nor the Authority shall be obligated to pay the Bonds
or the interest thereon or other costs incident thereto except from the revenues and
monies pledged therefor and neither the faith, credit nor taxing power of the
Commonwealth of Virginia, the City or the Authority shall be pledged thereto.
3. In adopting this Resolution, the City, including its elected representatives,
officers, employees and agents shall not be liable and hereby disclaims all liability
for any damages to any person, direct or consequential, resulting from the
Authority's failure to issue the Bonds for any reason.
4. This Resolution shall take effect immediately on its adoption.
Adopted by a quorum of the Council of the City of Virginia Beach, Virginia, on May 4,
1999.
86457002\Council Resolution 99
I I II
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CIR.
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SURVEYING-ENGINEERING
P LANN I N G - E NVIRO N M E NTAL
242 MUSTANG TRAIL - SUITE 8
VIRGINIA BEACH, VIRGINIA
PH. (757) 431-1041
~_ FAX ('757)403-1412 j
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VIRGINIA
BEACH
Development Authority
One Columbus Center, Suite 300
Virginia Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
F. Dudley Fulton, Chmr
Stephen W. Burke, V~ce.C, hmr
W. Brantley Basnight III, Secretary
David A. King, Jr., Asmtant Secretary
Kenneth D. Barefoot, Treasurer
Elizabeth A. "Betsy" Duke
Kenneth F. Palmer
April 20, 1999
The Honorable Meyera E. Obemdorf, Mayor
Members of City Council
Mumcipal Center
Virginia Beach, VA 23456
Re:
Stlver Hill at Thaha, LLC
Multi-Family Residential Rental Housing Bonds
Dear Mayor Obemdorf and Members of City Council'
We submit the following in connection with a project for Silver Hill at Thalia, LLC, a
Virginia limited liability company located at 4353 Bonney Road in Virginia Beach, Virginia.
(1) Evidence of publication of the notice of hearing is attached as Exhibit ,4 , and a
summary of the statements made at the public hearing is attached as Exhibit B . The City of
Virginia Beach Development Authonty's (the "Authority") resolution recommending Council's
approval is attached as Exhibit C.
(2) The Disclosure Statement is attached as Exhibit D.
(3) The statement of the Authonty's reasons for ~ts approval as a benefit for the City of
Virginia Beach and its recommendation that City Council approve the modification of the bonds
described above is attached as Exhibit E.
(4) The Fiscal Impact Statement is attached as Exhibit F.
The Honorable Meyera E. Obemdorf, Mayor
Members of City Council
Page 2
April 20, 1999
(5) Attached as Exhibit G is a summary sheet setting forth the type of issue, and identifying
the Project and the principals.
(6) Attached as Exhibit H is a letter from the appropriate City department commenting on
the Project.
Very tml ours
~. Dffdley Fulto/ny - ·
Chairman c/
FDF/GLF/rab
Enclosures
EXHIBIT A
NOTICE OF PUBLIC HEARING
ON PROPOSED MULTI-FAMILY RESIDENTIAL RENTAL HOUSING BOND
FINANCING OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
Notice is hereby given that the City of Virginia Beach Development Authority
(the "Authority") whose address is Suite 300, One Columbus Center, Virginia Beach, Virginia,
will hold a public hearing at 8:30 a.m. on Tuesday, April 20, 1999, on the Application and Plan
of Financing of Silver Hill at Thalia, LLC (the "Company"), for the issuance of the Authority's
Multi-Family Residential Rental Housing Bonds pursuant to Chapter 643 of the Acts of
Assembly of 1964, as amended and supplemented by the Industrial Development and Revenue
Bond Act, Title 15.2, Chapter 49 of the Code of Virginia of 1950, as amended (the "Act"), in an
amount not to exceed $4,400,000 to assist the Company in the acquisition of a 3+/- acre parcel of
land in Virginia Beach, Virginia, on the south side of Bonney Road having a street address of
4353 Bonney Road, and the development, equipping, and construction on such land of an
approximately 142-unit apartment facility for elderly and handicapped residents (the "Project").
As required by the Act, the Bonds will not pledge the credit or taxing power of the City of
Virginia Beach, Virginia, or the Authority, but will be payable solely from revenues derived
from the Company and pledges of those revenues. Any persons interested in the issuance of the
Bonds or the location or nature of the proposed Project may appear and be heard. A copy of the
Company's application is on file and is open for inspection at the Authority's office during
business hours.
City of Virginia Beach D~Auth ' .
F. ~[ud~e~-~ui~ (,/'-
Chairman
86457002/notice of public hearing 99
EXHIBIT A
THE VIRGINIAN-PILOT
NORFOLK, VIRGINIA
AFFIDAVIT OF PUBLICATION
The Virginian-Pilot
CLARK & STANT, P.C.
900 ONE COLUMBUS CENTER
VIRGINIA BEACH, VA 23462
00028104 N. Nicole Ha
428601409 BOND
State of Virginia
City of Norfolk
This day, D. Johnson personally appeared before me
and after being duly sworn, made oath that:
1) She is affidavit clerk of The Virginian-Pilot,
a newspaper published by Landmark Communications
Inc., in the cities of Norfolk, Portsmouth,
Chesapeake, Suffolk, and Virginia Beach, State of
Virginia. 2) That the advertisement hereto
annexed has been published in said newspaper on
the date stated.
PUBLISHED ON: 04/05 04/12
TOTAL COST: 382.72
FILED ON: 04/16/99
AD SPACE: 64 LINE
lumbus Cent~. ~_~nia B~ch. Vl~inla. will hold ~
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VP A~I 5 a~ ~d12. 1999
Legal Affiant: ~--~~%~'t~ +
Subscribed and sworn t%5 before.me in my city and state on the day and year
aforesaid thisA__ZO/~ day of A~
Notary: ~)~~/~q ~ My commission expires October 31, 2000
EXHIBIT
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
RECORD OF PUBLIC HEARING ON APRIL 20, 1999
(Silver Hill at Thalia, LLC Pro]eeO
The Chairman of the City of Virginia Beach Development Authority (the
"Authority") announced the commencement of a public hearing on the request Silver Hill at
Thalia, LLC (the "Borrower"), and that a Notice of the Hearing was published once a week for
two consecutive weeks in The Virginian-Pilot, a newspaper having general circulation in the City
of Virginia Beach, Virginia. Such public hearing was noticed for April 20, 1999. Such public
hearing was held not less than six days and not more than 21 days after the second notice
appeared in The Virginian-Pilot. A copy of the Notice and Certificate of Publication of such
notice have been filed with the records of the City Council of the City of Virginia Beach.
hearing:
The following individuals appeared and addressed the Authority at such public
C. Grigsby Scifres, an attorney with Clark & Stant, P.C., appeared on behalf of
the Borrower. Mr. Scifres stated that the proposed issuance of bonds (the "Bonds") was
approved by the Authority and the Council for the City of Virginia Beach (the "Council) in
February and April, 1998, respectively. Mr. Scifres referred to the Record of Public Hearing and
Resolution adopted by this Authority on February 24, 1998 outlining the public benefits of the
issuance of the Bonds. Mr. Seifres explained that the Borrower did not receive an allocation
from the state ceiling in 1998 but did receive an allocation on March 4, 1999. Mr. Scifres then
outlined the requirements of the Internal Revenue Code of 1986, as amended, relating to the
issuance of tax-exempt bonds within one year of the date of public approval. Mr. Scifres stated
that the Borrower expects to issue the Bonds before June 1, 1999 and that therefore he was
appearing before the Authority on behalf of the Borrower to re-obtain public approval of these
Bonds.
Mr. Gary L. Fentress also appeared and made brief comments further highlighting
the points made by Mr. Scifres, as outlined above. No questions were raised by members of the
Authority.
No other persons appeared to address the Authority, and the Chairman closed the
public hearing.
The Authority hereby recommends that the City Council of the City of Virginia
Beach, Virginia approve the issuance of $4,400,000 of multi-family residential rental housing
bonds in support of the proposed financing and hereby transmits the Fiscal Impact Statement to
the City Council of the City of Virginia Beach and asks that this recommendation be received at
its next regular special meeting at which this matter can be properly placed on the Council's
agenda for hearing.
86457002/Record of public hearing 99
EXHIBIT C
RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY
WHEREAS, in the City of Virginia Beach, Virginia ("City"), there is a significant shortage
of affordable, sanitary and safe residential rental housing property for elderly individuals and
families, including those of low or moderate income; and
WHEREAS, the provision of financing of affordable, sanitary and safe residential rental
housing property in the City for elderly individuals and families, including those elderly individuals
and families of low and moderate income, will be in the public interest and will benefit the
inhabitants of the City and the Commonwealth of Virginia ("Commonwealth") through the
promotion of their safety, health, welfare, convenience and prosperity; and
WHEREAS, private enterprise has been unable, without assistance, to plan, acquire,
develop, construct, repair, rehabilitate or maintain adequate affordable housing or provide
significant long-term mortgage financing for such projects; and
WHEREAS, the availability to private developers of below-market interest rate loans is
necessary to promote and assist the planning, acquisition, development, construction, rehabilitation,
repair and/or maintenance of such projects; and
WHEREAS, representatives of Silver Hill at Thalia, LLC, a Virginia limited liability
company (the "Company"), applied in February, 1998 to the City of Virginia Beach Development
Authority ("Authority") for assistance in financing the acquisition of a 3 +/- acre parcel of land in
the City, on the south side of Bonney Road having a street address of 4353 Bonney Road, and the
developing, equipping and construction on such land of an approximately 142-unit apartment
facility for elderly and handicapped residents, together with all necessary and related personal
property, furniture, fixtures and equipment (collectively, the "Facility"); and
WHEREAS the Company in its appearance before the Authority on February 24, 1998 and
in its application described the benefits to the City and requested the Authority to issue its multi-
family residential rental housing bonds under Chapter 643 of the Acts of Assembly of 1964, as
amended and supplemented by the Industrial Development and Revenue Bond Act, Title 15.2,
Chapter 49 of the Code of Virginia of 1950, as amended (the "Act"), in such amounts as may be
necessary to finance costs to be incurred in financing the Facility; and
WHEREAS, a public hearing was held as required by § 147(0 of the Internal Revenue
Code of 1986, as amended, and by § 15.2-4906 of the Code of Virginia of 1950 as amended, on
February 24, 1998; and
WHEREAS, following the public heating held February 24, 1998, the Authority approved
the issuance of its bonds in an amount not to exceed $4,400,000 (the "Bonds") for the benefit of the
Company to finance the Facility; and
WHEREAS, pursuant to Treasury Regulation Section 5f. 103-2(f) promulgated under the
Code, the Bonds must be issued within one year of the date of public approval; and
WHEREAS, the Company anticipates the Bonds being issued prior to June 1, 1999; and
WHEREAS, the Company has requested that the Authority reaffirm its Resolution adopted
by the Authority on February 24, 1998, approving the issuance of the Bonds (the "1998
Resolution"); and
WHEREAS, a second public hearing has been held as required by § 147(f) of the Internal
Revenue Code of 1986, as amended, and by § 15.2-4906 of the Code of Virginia of 1950 as
amended, on April 20, 1999; and
WHEREAS, the Authority was created to serve certain purposes, among which are those of
promoting the safety, health, welfare, convenience and prosperity of inhabitants of the City and the
Commonwealth by assisting in the planning, development, acquisition, construction, repair or
rehabilitation of affordable, sanitary and safe facilities used primarily for multi-family residences;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY:
1. The Authority finds that (i) there is a significant shortage of affordable, sanitary and
safe residential rental housing facilities in the City for elderly individuals and families, including
those elderly individuals and families of low and moderate income, (ii) the provision of financing
of such facilities by the Authority will be in the public interest and will benefit the inhabitants of
the City and the Commonwealth through the promotion of their safety, health, welfare, convenience
or prosperity, and (iii) the issuance of the Bonds will be consistent with the purposes of the Act and
the powers of the Authority.
2. To assist the Company with respect to the Facility, the Authority agrees to
undertake the issuance of its multi-family residential rental housing bonds in an amount not to
exceed $4,400,000 on terms and conditions to be mutually agreed on between the Authority and the
Company. The Facility shall be leased or sold by the Authority to the Company pursuant to a lease
or installment sale agreement which will provide payments to the Authority sufficient to pay the
principal of and premium, if any, and interest on the Bonds and to pay all other expenses in
connection with the maintenance of the Facility. The Bonds will be issued in form and pursuant to
terms to be set by the Authority, and the payment of the Bonds shall be secured by an assignment,
for the benefit of the holders of the Bonds, of the Authority's rights to payments under the lease or
installment sale agreement and may be additionally secured by a deed of trust and assignment of
leases on the Facility.
3. It having been represented to the Authority that it is necessary to proceed
immediately with the construction and equipping of the Facility, the Authority hereby agrees that
the Company may proceed with plans for the Facility, enter into contracts for acquisition,
construction and equipping and take such other steps as it may deem appropriate in connection
therewith, provided that nothing herein shall be deemed to authorize the Company to obligate the
Authority without its consent in each instance to the payment of any monies or the performance of
any acts in connection with the Facility. The Authority agrees that the Company may be
reimbursed from the proceeds of the Bonds for all lawful costs so incurred by it.
4. The Authority hereby agrees to the recommendation of the Company that Clark &
Stant, P.C., Virginia Beach, Virginia, be appointed as bond counsel and hereby appoints such firm
to supervise the proceedings and approve the issuance of the Bonds.
5. The Authority hereby agrees, if requested, to accept the recommendation of the
Company with respect to the appointment of a placement agent or underwriter for the sale of the
Bonds and a remarketing agent for the remarketing of the Bonds pursuant to terms to be mutually
agreed on.
6. All lawful costs and expenses in connection with the financing and the acquisition,
construction and equipping of the Facility, including the fees and expenses of the Authority,
counsel for the Authority, bond counsel and the placement agent or underwriter for the sale of the
Bonds and the remarketing agent for the remarketing of the Bonds, shall be paid from the proceeds
of the Bonds or by the Company. If for any reason such Bonds are not issued, or such Bonds are
issued but it is determined that a part or all of such costs are not lawfully payable out of Bond
proceeds, it is understood that all such expenses shall be paid by the Company and that the
Authority shall have no responsibility therefore.
7. The Authority's declaration of intent to reimburse lawful costs and expenses in
connection with the financing and the acquisition, construction and equipping of the Facility from
the proceeds of the Bonds, as set forth in the 1998 Resolution, remains in full force and effect.
8. The Authority hereby recommends that the City Council of the City (the "Council")
reaffirm its approval of the issuance of the Bonds and hereby directs the Chair or Vice-Chair to
submit to the Council the statement in the form prescribed by § 15.24907 of the Code of Virginia
of 1950, as amended, a reasonably detailed summary of the comments expressed at the public
hearing required by § 15.2-4906 of the Code of Virginia of 1950, as amended, and a copy of this
Resolution.
9. This Resolution will take effect immediately on its adoption.
The undersigned hereby certifies that the above Resolution was duly adopted by the
Commissioners of the City of Virginia Beach Development Authority at a meeting duly called and
held on April 20, 1999, and that such Resolution is in full force and effect on the date hereof.
Date:
AprilP' ,1999
W. Brantley Basnight{ I
Secretary, City of Virginia
Beach Development Authority
DISCLOSURE STATEMENT
Date: April 13, 1999
Applic,~t:
Silver Hill at Thalia, LLC
Al! Owners
(if different from Applicant):
None
Tv0e o.f A_o01icatiorc
$4,400,000 Multi-Family Residential Rental Housing Bonds to
assist the Applicant in financing the acquisition of
approximately 3 acres of land and the development,
construction and equipping of a 142-unit apartment facility
thereon for elderly and disabled residents of low and moderate
income in the City of Virginia Beach.
1. If the Applicant is a limited liability company, list all of the members and
managers of the limited liability company:
Richard M. Waitzer, sole member and manager of the company.
2. The Applicant is the owner of the Project.
SILVER HILL AT THALIA, LLC, a Virginia
limited
':~bility company , ~
By: /~ /,// .~'~/
Richard M.~/ai{~;;lr." '
Sole Member and Manager
86457002~Dtsclosure Data
VIRGINIA
BEACH
Development Authority
One Columbus Center. Suite 300
Virginia Beach. VA 23462
{757) 437-6464
FAX {757) 499-9894,
F. Dudley Fulton, Chair
Stephen W. Burke, Vice. Chmr
W. Brantley Ba~night !11, Secretary
Kenneth D. Barefoot. Treasurer
Elizabeth A "Betsy" Duke
Robert F Hagans. Jr
Robert O Jones
EXHIBIT E
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
$4,400,000 MULTI-FAMILY RESIDENTIAL RENTAL HOUSING BONDS,
SERIES 1999
The Authority recommends approval of this financing. The proceeds of the Bonds to be issued
will be used to assist the Applicant in financing the acquisition of land and the development,
construction and equipping on such land of the 142-unit multi-family residential apartment project
for elderly and disabled residents of Iow and moderate income. The Applicant's project will result
in approximately $5,000,000 of new capital investment in the City. The development of
affordable housing for elderly and disabled residents in the City, along with the capital
investment, construction payroll, direct tax revenue and creation of jobs constitutes the basis for
this recommendation. Primarily, this financing will assist the City in meeting the affordable
housing needs of its elderly and disabled population.
EXHIBIT F
FISCAL IMPACT STATEMENT
DATE: April ,20, 1999
TO:
THE CITY COUNCIL OF VIRGINIA BEACH. VIRGINIA
PROJECT
SILVER HILL AT THALIA, LLC
TYPE OF FACILITY:
Multi-Family Apartments for Elderly
1. Maximum amount of financing sought $, 4,400,000
e
Estimated taxable value of the facility's
real property to be constructed in the
municipality
$ 5,000,000
,
Estimated real property tax per year
using present tax rates
61,000
·
Estimated personal property tax per
year usin8 present tax rates
$ lt850
,
Estimated merchant's capital(business
license) tax per year using present
tax rates
N/A
,
.
Estimated dollar value per year of goods
and services that will be purchased
locally
Estimated number of regular employees
on year round basis
Construction: $4,500,000
Annually: $ 175,000
8. Average annual salary per employee $ 21, ooo
The information contained in this Statement is based solely on tracts and estimates
provided by the Applicant, and the Authority has made no independent investigation with respect
thereto.
City of Vi~~B.~eve~/ent
EXHIBIT G
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AI.rFHO~TY
INDUSTRIAL DEVELOPMENT RE~ BOND
I,
PROJECT NAME:
2. LOCATION:
SILVER HILL AT THALIA, LLC
3 acres; 4353 Bonney Road, Virginia Beach
3~
DI~$CRIPTION OF PROJECT: Apar,'c:ments for elderly and d.i.,ab, le of Iow to moderate income
AMOUNT OF BOND ISSUE:
5. PRINCIPALS:
$ 4,400,000
Richard M. Waitzer
6. ZONING CLASSIFICATION:
a. Present zoning classification
of the Property
Was 0-1; Now A-36 with Conditional Use Permit
b. Is rezoning proposed?
Yes x No
c. If so, to what zoning
classification?
Conditional A-36 with a Conditional Use
Permit for up to 142 Elderly Apartments.
NOTE: Rezoning and Conditional Use Permit have been granted.
NOTE.
THIS DOCUMENT MUST BE ON 8-1/2 x 14 INCH PLAIN BOND PAPER.
EXHIBIT H
City of Virginia Beach
INTER-OFFICE CORRESPONDENCE
DATE:
April 14, 1999
TO:
FROM:
SUBJECT:
F. Dudley Fulton, Chairman
Andrew M. Friedman, Direct(~(~~
Department of Housing and N~il~(~h~)od Preservation
Silver Hill at Thalla
The proposed project will provide a public benefit by creating affordable housing for
senior citizens. Therefore, I believe that it is in the public interest to provide the
requested financing for this project.
Please contact me if you have any questions.
AMF:jap
Attachment
c: 'Gary Fentress, City Attorney
f:\users\jponder\memos\silhill
RESOLUTION OF CITY COUNCIL
APPROVING THE ISSUANCE OF NOT TO EXCEED
$6,500,000 OF HOUSING REVENUE BONDS BY THE
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
FOR TALLWOOD, L. P
WHEREAS, the City of Virginia Beach Development Authority (the "VBDA"), has
considered the application of Tallwood, L P., a Virginia limited partnership (the "Borrower"), for
the issuance and sale of its Housing Revenue Bonds (Tallwood, L P. ProJect), Series 1999, in a
principal amount not to exceed $6,500,000 (the "Bonds"), to finance a portion of the cost of the
acquisition, construction and equipping of a 120-umt multl-famdy residential rental housing project
(the "Project") to be located on the North side of the 2000 block of Kempsvdle Road, in the City of
Virginia Beach, which Project will reserve either (a) at least 20% of the housing units therein for
persons whose income is 50% or less of area median gross income or (b) at least 40°,/0 of the housing
units therein for persons whose income is 60% or less of area median gross income;
WHEREAS, the Borrower will own and operate the ProJect;
WHEREAS, Section 147(0 of the Code provides that the highest elected governmental
officials of the governmental units having jurisdiction over the issuer of private activity bonds and
the area in which any facility financed with the proceeds of private activity bonds is located shall
approve the issuance of such bonds;
WHEREAS, the ProJect is located in the City of Virginia Beach and the members of the City
Council of the City of Virginia Beach (the "Council") constitute the highest elected governmental
officials of this City;
WHEREAS, Section 15.2-4906.C of the Code of Vlrglma of 1950, as amended (the "Virginia
Code"), provides that a governing body shall within 60 calendar days from a public hearing with
respect to bonds requmng public approval under the Internal Revenue Code either approve or
disapprove the issuance of such bonds;
WHEREAS, the VBDA held a public heanng on April 20, 1999, on the Borrower' s request
for the issuance of the Bonds to finance the Project,
WHEREAS, a copy of the VBDA's resolution approving the Borrower's ProJect and
fiananclng request, a reasonably detmled summary of the comments expressed at the pubhc heanng
with respect to the Bonds, and a statement in the form prescribed by Section 15.2-4907 of the
226393
V~rg~ma Code have been filed w~th the Council, together w~th the VBDA's recommendation that the
Council approve the Borrower's ProJect and financing;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA;
1. The above-mentioned remtals are hereby adopted as a part of th~s Resolution.
2. The Council approves the Borrower's ProJect and the Bonds, to the extent reqmred
by Section 147(f)(2)(D) of the Code and Section 15.2-4906 of the V~rg~ma Code.
3. The approval of the Bonds, as required by Section 147(f)(2)(D) of the Code and
Section 15.2-4906 of the Virginia Code, does not constitute an endorsement to a prospective
purchaser of the Bonds of the cre&tworth~ness of the Project or the Borrower, but, as reqmred by
Section 36-29 of the V~rg~ma Code, the Bonds shall prowde that nmther the C~ty of V~rgima Beach
nor the VBDA shall be obhgated to pay the Bonds or the ~nterest thereon or other costs ~nc~dent
thereto except from the revenues and moneys pledged therefor and neither the froth or cre&t nor the
taxing power of the Commonwealth of V~rg~ma, the C~ty of V~rgima Beach nor the VBDA shall be
pledged thereto.
4. The Council recommends to the V~rg~nla Small Bus~ness F~nanc~ng Authority that
~t grant an allocation of the local housing authority private act~wty bond allocation to the ProJect and
the Bonds.
5. Th~s Resolution shall take effect ~mme&ately upon ~ts adoption
Adopted by the Council of the C~ty of V~rg~ma Beach, V~rglnla, on May _4, 1999.
ADOPTED.
ATTEST:
Mayor
Clerk of the Council
226393 1 2
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B C O E F G IH J
VA GRID .670.000 FI'76'12 30' Joins Map 25 2.680,000 FT 76'10 O0
BORROWER:
PROJECT:
LOCATION:
TALLWOOD, L.P.
120-unit multi-family residential
rental housing project
North side, 2000 block of Kempsville Road
BOND AMOUNT: Not to exceed $6,500,000
VIRGINIA
BEACH
Development Authority
One Columbus Center. Suite 300
V~rg~nla Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
F Dudley Fulton, Chatr
Stephen W Burke, Vtce-Chatr
W Brantley Basmght ill, Secretary
Kenneth D Barefoot. Treasurer
Elizabeth A "Betsy" Duke
Robert F Hagans. Jr
Robert G Jones
April 20, 1999
The Honorable Meyera E. Oberndorf, Mayor
Members of City Council
Municipal Center
Virginia Beach, VA 23456
Re~
Tallwood, L.P.
120 Unit multi-family residential rental project
Housing Revenue Bonds
Dear Mayor Obemdorf and Members of City Council:
We submit the following in connection with projects for Tallwood, L.P., located on the north
side of the 2000 block of Kempsville Road, Virginia Beach, Virginia 23464.
(1) Evidence of publication of the notice of hearing is attached as Exhibit ,4, and a
summary of the statements made at the public hearing is attached as Exhibit B. The City of Virginia
Beach Development Authority's (the "Authority") resolution recommending Council's approval ~s
attached as Exhibit C.
(2) The Disclosure Statement is attached as Exhibit D.
(3) The statement of the Authority's reasons for its approval as a benefit for the City of
Virginia Beach and its recommendation that City Council approve the modification of the bonds
described above is attached as Exhibit E.
The Honorable Meyera E. Obemdorf, Mayor
Members of City Council
Page 2
April 20, 1999
(4) The Fiscal Impact Statement is attached as Exhibit F.
(5) Attached as Exhibff G is a summary sheet setting forth the type of issue, and identifying
the Project and the principals.
(6) Attached as Exhibit H is a letter from the appropriate City department commenting on
the Project.
FDF/GLF/rab
Enclosures
Very truly yours,.z_~ ~
, '
Chairman
EXHIBIT A
THE VIRGINIAN-PILOT
NORFOLK, VIRGINIA
AFFIDAVIT OF PUBLICATION
The Virginian-Pilot
HOFHEIMER NUSBAUM P.C.
999 WATERSIDE DRIVE
DOMINION TOWER, STE 1700
NORFOLK, VA 23510
REFERENCE: 00042747 H David Embr
428604209 DEVELOPMENT AUT
State of Virginia
City of Norfolk
This day, D. Johnson personally appeared before me
and after being duly sworn, made oath that:
1) She is affidavit clerk of The Virginian-Pilot,
a newspaper published by Landmark Communications
Inc., in the cities of Norfolk, Portsmouth,
Chesapeake, Suffolk, and Virginia Beach, State of
Virginia. 2) That the advertisement hereto
annexed has been published in said newspaper on
the date stated.
PUBLISHED ON: 04/04 04/11
TOTAL COST: 264.96
FILED ON: 04/16/99
AD SPACE: 92 LINE
Thm~cilit~ mey .l~r ~t !~ he~n~ and ~ ha ~ ~
~lli~ ~ ~ fl~ ~, ~ ~ ~ ~1~ ~ ~ ~
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m a 120 unit multi ~m~ ~nl~l ~1 ~ a~ m~t~
l~dll~ (the "P~'), ~t~ m 23 7 ~ ~ b~ ~ ~ ~
s,de ~ ~ 20~ b~k ~ ~m~l~.~, V~nm ~. Vl~nm
234~ The P~ b ~ m~ ~t~ ~ ~,
w~ pH~l ~ ~ ~i~ m ~ ~ ~8 N~
R~d. V~nm ~h, Vi~n~ 23462
~mm a~ ~t ~ t~ ~~ ~ Vi~i~, ~ C~ ~
m ;~1 tax ~nu~ ~, ~ ~ w~ll ~ I~i~ ~i~t~
~ ~e Au~, ~yab~ ~ly ~ ~ ~ ~ ~ ~fl-
ca~ ~ ~ ~s ~t~ a~
A ~ ~ ~ ~s ~t~ b m f,b a~ ~n ~
im~t~ at ~ A~¥s ~. ~ ~ ~1~ ~n~er, State
300, V~m~/ ~, V~mm 23462, duri~ ~ ~ Per-
~m w?snm~ to a~ ~ Cl~ ~ V,~in~ ~ ~1o~
~e are ~u~t~ ~ ~ ~ ~i~ at 437~, ~
mg ~he ~t,nE
F D~IW Ful~n, C~r,
v~ ~ 41~ ~nl ]1, ]999
Subscribed and swornVto before~me ~n my city and state on the day and year
aforesaid t~is ~0 I~ day of~ ~, I ·
Notary: v _ ~ My commission expires October 31, 2000
EXHIBIT~
NOTICE OF PUBLIC HEARING OF THE
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
TUESDAY, APRIL 20, 1999
All persons interested in the proposed issuance of the below-mentioned bonds by the
City of Virginia Beach Development Authority (the "Authority") should take notice that the
Authority will hold a public hearing on the subject of such bonds and the related plan of
financing on April 20, 1999, at 8:30 a.m., in the offices of the City of Virginia Beach
Development Authority at One Columbus Center, Suite 300, Virginia Beach, Virginia, which
hearing may be adjourned or continued without further notice. Any persons interested in the
issuance of the bonds or the location or nature of the proposed facilities may appear at the
hearing and present his or her views. The maximum amount, initial owner or operator of the
facility to be financed thereby, location of the facility to be financed thereby and purpose of
the bonds being considered are as follows:
$6,500,000 City of Virginia Beach Development Authority 1999 Housing
Revenue Bonds (Tallwood L.P. Project), to be issued pursuant to the Virginia
Housing Authorities Law, for the benefit ofTallwood, L. P., a Virginia limited
partnership (the "Applicant"), for the purpose of financing the acquisition,
constmction and equipping of a 120 unit multi-family residential rental project
and related facilities (the "Project"), located on 23.7 acres of land on the north
side of the 2000 block of Kempsville Road, Virginia Beach, Virginia 23464.
The Project is owned and operated by the Applicant, whose principal place of
business is located at 808 Newtown Road, Virginia Beach, Virginia 23462.
Said proposed bonds, if issued, will not create a debt or pledge of the faith and credit
of the Commonwealth of Virginia, the City of Virginia Beach or the Authority, and will not
be payable from state or local tax revenues. Rather, such bonds will be limited obligations
224474 I
of the Authority, payable solely from funds provided by the beneficiary of the bonds
identified above.
A copy of the Applicant's application is on file and open for inspection at the
Authority's office, at One Columbus Center, Suite 300, Virginia Beach, Virginia 23462,
during business hours. Persons wishing to address the City of Virginia Beach Development
Authority at the public hearing on the subject of the above bond issue are requested to notify
the undersigned at 437-6464, preceding the meeting.
F. Dudley Fulton, Chair, City
Development Authority
_
L,~ vv~ ~ -"'"-I I
Beach
224474
EXHIBIT B
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
RECORD OF PUBLIC HEARING
APRIL 20, 1999, AT 8:30 A.M.
(Tallwood, L.P. Project)
The Chairman of the City of Virginia Beach Development Authority (the "Authority")
announced the commencement of a public hearing on the request of Tallwood, L.P., a Virginia
limited partnership (the "Borrower"), and that a notice of the public hearing was published once a
week for two consecutive weeks in a newspaper having general circulation in the City of Virginia
Beach, Virginia, the first publication being not less than 14 days prior to the heating and the second
publication being not more than 21 days prior to the hearing. The Chairman indicated that a copy
of the notice and a certificate of publication of such notice were being filed with the records of the
City Council of the City of Virginia Beach.
The following individuals appeared and addressed the Authority:
Mr. William L. Nusbaum appeared as bond counsel on behalf of the Borrower. Mr.
Nusbaum gave a brief description of the Project (defined below). He explained that the proposed
issuance of the Authority's Housing Revenue Bonds (Tallwood, L.P. Project), Series 1999 (the
"Bonds") would fund the acquisition, construction and equipping of a 120-unit multi-family
residential rental housing project on the north side of the 2000 block of Kempsville Road (the
"Project") in the City of Virginia Beach. Mr. Nusbaum then introduced two of the principals of the
Borrower, Ronald C. Ripley and F. Andrew Heatwole.
Mr. Heatwole then described the Project in greater detail, confirmed that no rezoning was
required, that site plan approval had been obtained, and indicated that it would address the public
purpose of providing safe, attractive and sanitary housing for low and moderate income families
within the City of Virginia Beach.
No other persons appeared to address the Authority, and the Chairman closed the public
hearing. Following the closing of the public hearing, a resoultion entitled "Resolution Evidencing
the Official Intent of the City of Virginia Beach Development Authority to Issue its Housing
Revenue Bonds for Tallwood, L.P. in the Principal Amount Not to Exceed $6,500,000" was moved,
seconded and unanimously adopted by the Authority.
226343 I
The Authority hereby recommends that the City Council of the City of Virginia Beach,
Virginia approve the proposed financing for state law and federal tax law purposes, transmits the
Fiscal Impact Statement to the City Council of the City of Virginia Beach, and asks that this
recommendation be received at the next regular or special City Council meeting at which this matter
can be properly placed on the agenda for hearing.
226343 !
EXHIBIT C
RESOLUTION EVIDENCING THE OFFICIAL INTENT OF THE
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
TO ISSUE ITS HOUSING REVENUE BONDS
FOR TALLWOOD, L. P.
IN THE PRINCIPAL AMOUNT NOT TO EXCEED $6,500,000.00
WHEREAS, the City of Virginia Beach Development Authority (the "Authority"), was
created pursuant to Chapter 643 of the Virginia Acts of Assembly of 1964, as amended (the "Act"),
and is now existing and operating as a public body corporate and politic; and
WHEREAS, the Authority was created to promote the public interest and the safety, health,
welfare, convenience and prosperity of the inhabitants of the City of Virginia Beach, Virginia (the
"City"), and the Act empowers the Authority to issue its revenue bonds in accordance therewith to
pay all or any part of the cost of the planning, development, acquisition, construction, repair or
rehabilitation of multi-family residential rental property meeting the requirements of the Internal
Revenue Code for individuals and families of low and moderate income; and
WHEREAS, representatives of Tallwood, L. P. (the "Company") have held discussions with
representatives of the City and the Authority with respect to its acquisition, construction and
equipping of a 120 unit multi-family residential rental project and related facilities (the "Project"),
located on 23.7 acres of land on the north side of the 2000 block of Kempsville Road, Virginia
Beach, Virginia 23464 and constituting "a residential rental project" as the term is used in Section
1.103-8(b) of the Treasury Regulations; and
WHEREAS, the Authority, at~er due notice, has on this date conducted a public hearing on
the application of the Company for revenue bond financing of the Project in compliance with the
requirements of Section 147(f) of the Code and Va. Code Section 15.1-1378.1;
224614 I I
WHEREAS, the Company has requested that the Authority (a) determine that there is a
significant shortage of affordable, sanitary and safe residential rental property in the City for
individuals and families of low and moderate income, (b) take official action authorizing the
financing of its acquisition, construction and equipping of the Project and (c) agree in principle to
issue not to exceed $6,500,000 of its housing revenue bonds (the "Bonds") therefor, as proposed by
the Company;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY:
1. It is hereby found and determined that the undertaking of the Project in the City will
in part redress the shortage in the City, Southeastern Virginia and the Commonwealth of affordable,
sanitary and safe residential rental property for individuals and families of low and moderate income.
2. Upon the recommendation of the Company, the Authority hereby appoints Hofheimer
Nusbaum, P. C., as bond counsel with respect to the financing of the Project.
3. To assist the Company to undertake the Project, the Authority hereby agrees in
principle to issue its Bonds in an amount not to exceed $6,500,000.00 upon terms and conditions to
be mutually agreed upon by the Authority, the Company and the purchaser of the Bonds. The Bonds
shall be issued pursuant to an installment sale or loan agreement with the Company, a bond purchase
agreement with a lender or underwriter, and if not privately placed, a trust indenture.
4. The Company has represented to the Authority that interest on the Bonds financing
the Project is intended to be excluded from the gross income of the holders thereof for federal and
state income tax purposes, and that the Authority shall receive an administrative fee for issuing and
carrying the Bonds equal to one-eighth of 1% per annum calculated and payable in monthly
224614 I 2
installments on the outstanding principal balance of the Bonds on the first day of each calendar
month.
5. The Company having represented to the Authority that it is necessary for the
Company to proceed immediately with the design, acquisition, construction and equipping of the
Project, the Authority hereby agrees that the Company may proceed with the plans for the Project,
enter into contracts for the design, acquisition, construction and equipping thereof, and take such
other steps as it may deem appropriate in connection therewith, provided that nothing herein shall
be deemed to authorize the Company to obligate the Authority without its consent in each instance
to the payment of any monies or the performance of any actions in connection with the Project. The
Authority agrees that the Company may be reimbursed from the proceeds of the Bonds, if and when
issued, to the extent permitted by law for all costs so incurred by it. This resolution constitutes a
declaration of"official intent" for purposes of Treasury Reg. § 1.150-2.
6. All costs and expenses in connection with the Bonds and the design, acquisition,
construction, equipping and operation of the Project, including but not limited to the fees and
expenses of Bond Counsel, shall be paid from the proceeds of the Bonds to the extent permitted by
law or else from funds of the Company. If for any reason the Bonds are not issued, it is understood
that all such expenses shall be paid by the Company and that the Authority shall have no
responsibility therefor.
7. Neither the Bonds nor the premium, if any, nor the interest payable thereon shall be
a general obligation debt of the Commonwealth of Virginia or any political subdivision thereof,
including the Authority and the City, and neither the Commonwealth of Virginia, nor any political
subdivision thereof, including the Authority and the City, and the officials, officers, directors and/or
224614 ! 3
employees, past, present or future, of any or all, are or shall be personally liable thereon. The Bonds,
together with the premium, if any, and the interest payable thereon, shall be a limited obligation of
the Authority payable solely pursuant to the terms of the Bonds and the related documents.
8. The Authority hereby recommends that the Council of the City of Virginia Beach (the
"Council") approve the issuance of the proposed Bonds, and directs the Chairman of the Authority
to transmit to the Council the Fiscal Impact Statement, a copy of this resolution and a reasonably
detailed summary of the Authority's public hearing held this date.
9. The Authority hereby agrees, upon approval of the Bonds by Council, if granted,
promptly to make application, on Form HB, to the Virginia Small Business Financing Authority, as
the administrative authority for the Commonwealth's private activity bond program, for an allocation
of $6,500,000 of the Commonwealth's private activity bond limit set aside for housing projects
being financed by "local housing authorities" (an "Allocation"). Such application shall be submitted
with all attachments required by the Virginia Private Activity Bond Allocation Guidelines.
10. The Authority, including its commissioners, officers, employees or agents, past,
present or future, shall not be liable to any person or entity, including the Company or anyone
claiming through it, for any damages or losses, direct or consequential, resulting from the failure of
the Authority to recommend the Project for an Allocation, the recommendation by the Authority that
another project receive an Allocation ahead of the Project, the failure of the Bonds to receive an
Allocation even if recommended by the Authority, the execution and delivery of the Bonds and the
documents relating thereto, or the failure or to approve, execute and deliver any such documents or
to issue any such Bonds.
224614 i 4
11. The provisions of this resolution are hereby declared to be separable, and if any
section, phrase or provision of this resolution shall be declared invalid, such invalidity shall not
affect the validity of the remainder of the sections, phrases and provisions of this resolution.
12. The Authority shall perform such other acts and adopt such further resolutions as may
be required to implement its undertakings hereinabove set forth.
13. This resolution shall take effect immediately upon its adoption.
ADOPTED: April 20, 1999
CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY
By
The undersigned Secretary of the Authority hereby certifies that the foregoing is a true,
correct and complete copy of a resolution adopted by the Authority's Board of Commissioners at a
meeting duly called and held on April 20, 1999, in accordance with law; that the following members,
constituting a quorum of the Authority, were present and voting regarding the foregoing resolution:
that the foregoing resolution was duly adopted by the Authority by the following vote:
Affirmative: Negative: Abstentions:
and that such resolution has not been repealed, revoked, rescinded or amended and is in full force
and effect on the date hereofi
(Corporate Seal)
224614 I 5
ATTEST:
Secretary
2246141 6
DISCLOSURE 3 iAIi~MEN i
Date:
April 14, 1999
Applicant's Name: TALLWQOD, L,P,
All Owners (if different from Applicant):
Type of Allocation:
Rezoning from
Conditional Use Permit:
Street Closure:
to
Subdivision Variance:
Other: Housing Bond Issue
The following is to be completed by or for the Applicant:
1. If the Applicant is a CORPORATION, list all the officers of the Corporation:
e
If the Applicant is as PARTNERSHIP, FIRM or other Unincorporated Organization, list all
members or parmers in the organization:
TALLWOOD GP, L.L.C., general patter
SAR. L.L.C,, limited partner
The following is to be completed by or for the Owner (if different from the Applicant):
1. If the Owner is a CORPORATION, list all the officers of the Corporation:
o
If the Owner is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all
members or partners in the organization:
TALLWOOD, L.P.
By:
TALLWOOD GP, L.L.C., General Partner
Manager
225708 !
VIRGINIA
Developmen! Authority
One Columbus Center. Suite 300
Virginia Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
F Dudley Fulton. Chair
Stephen W Burke. Vtce-Chatr
W. Brantlcy Basmght ill. Secretary
Kenneth D Barefoot. Treasurer
Elizabeth A "Betsy" Duke
Robert F. Hasans. Jr.
Robert 13. Jones
EXHIBIT E
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
HOUSING REVENUE BONDS (TALLWOOD, L.P. PROJECT), SERIES 1999
The Authority recommends approval of the captioned financing. A public heating was held by the
Authority on April 20, 1999, following which the Authority adopted a resolution approving the
financing of the proposed 120-unit multi-family residential rental project (the "Project"). The
Project will provide benefits to the City of Virginia Beach in the form of the provision of safe,
attractive and sanitary housing for low and moderate income families within the City of Virginia
Beach. It will also generate construction and permanent jobs and substantial tax revenues during the
construction of the Project and its subsequent useful life.
EXHIBIT F
FISCAL IMPACT STATEMENT SUBMITTED TO THE
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
The undersigned applicant, to permit the Chairman of the City of Virginia Beach
Development Authority to submit the following information in compliance with Section 15.2-4907,
Code of Virginia of 1950, states:
Name of Applicant: Tallwood, L. P.
Facility:
120 unit multi-family residential rental project on 23.7 acres on the north side
of 2000 block of Kempsville Road, Virginia Beach, Virginia 23464
1. Maximum amount of financing sought
$ 6.500.000
e
Estimated taxable value of the facility's real property
to be constructed in the City of Virginia Beach
$ 6,500,000
3. Estimated real property tax per year using present tax rates
$ 57,000
4. Estimated personal property tax per year using present tax rates
$ 370
5. Estimated business license tax per year using present tax rates
$ 1 ,ooo
6. a. Estimated dollar value per year of goods that will be
purchased from Virginia companies within the locality
$ 114,000
b. Estimated dollar value per year of goods that will
be purchased from non-Virginia companies within the locality
$ 50,700
c. Estimated dollar value per year of services that
will be purchased from Virginia companies within the locality
$ 49,000
d. Estimated dollar value per year of services that will
be purchased from non-Virginia companies within the locality
$ 12,600
7. Estimated number of regular employees on year round basis
8. Average annual salary per employee
$ 21.000
APPROVED:
CITY OF VIRGINIA BEACH
DEVELOPMENT AUT~I-I~
By: ~~~~~..~o~/f ~
F. D~dley ~to'nl C~a[rman
226326 I
EXHIBIT G
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
HOUSING REVENUE BOND
le
2.
3.
4.
5.
.
PROJECT NAME:
LOCATION:
DESCRIPTION OF PROJECT:
AMOUNT OF BOND ISSUE:
PRINCIPALS:
ZONING CLASSIFICATION:
a. Present zoning classification
of the Property
b. Is rezoning proposed?
c. If so, to what zoning
classification?
Tallwood, L.P.
North Side of 2000 Block of Kempsville Road
120-unit multi-family residential rental project
not to exceed $6,500,000
Ronald C. Ripley
F. Scott Ripley
F. Andrew Heatwole
R-5D with a PD-H2 Overlay
Yes No X
N/A
226355 I
EXHIBIT H
City of Virginia Beach
INTER-OFFICE CORRESPONDENCE
DATE:
April 14, 1999
TO:
FROM:
SUBJECT:
F. Dudley Fulton, Chairman
Andrew M. Friedman, Directo~~\/[/ll]/~
Department of Housing and h PYeservation
Tallwood ApartmentslRipley-Heatwole
Based on the information provided by Ripley Heatwole Company, the construction and
operation of this housing development will provide new affordable housing
opportunities in Virginia Beach. Therefore, the provision of the requested financing
is in the public Interest.
Please contact me if you have any questions.
AMF:jap
Attachment
c: Gary Fentress; City Attorney
f:\users\jponder\memos\tallwood
Item VI-J.2.
- 26-
RESOLUTIONS
ITEM # 44942
Upon motion by Vtce Mayor Sessoms, seconded by Councilman Harrison, Ctty Counctl ADOPTED:
Resolution re the proposed merger of the Tidewater Transportation
District Commission and the Peninsula Transportation District
Commission; and, authortze the City Manager to execute the Defintttve
Agreement and Cost Allocatton Agreement
Section It, Article IX of Cost Allocation Agreement shall be Amended
Vottng 6-3
Counctl Members Voting Aye
Ltnwood O. Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Louts R Jones, Mayor Meyera E Oberndorf and Vtce Mayor Wtlham
D Sessoms, Jr
Council Members Voting Nay.
Barbara M Henley, Reba S McClanan and A M "Don" Weeks
Counctl Members Absent
Harold Hetschober and Nancy K Parker
May 4, 1999
A RESOLUTION APPROVING THE
DEFINITIVE AGREEMENT FOR THE
PROPOSED MERGER OF THE TIDEWATER
TRANSPORTATION DISTRICT COMMISSION
AND THE PENINSULA TRANSPORTATION
DISTRICT COMMISSION
WHEREAS, the Tidewater Transportation District Commission
8 ("TTDC") was previously created by its member cities, in accordance
9 with the Transportation District Act of 1964 (the "Act"), to
10 provide public transit services to the cities of Chesapeake,
11 Norfolk, Portsmouth, Suffolk, and Virginia Beach; and
12
WHEREAS, the Peninsula Transportation District Commission
13 (~Pentran") was previously created by its member cities, in
14 accordance with provisions of the Act, to provide public transit
15 services to the cities of Hampton and Newport News; and
16
WHEREAS, TTDC, Pentran, and the cities of Chesapeake,
17 Hampton, Newport News, Norfolk, Portsmouth, Suffolk, and Virginia
18 Beach have been considering the potential benefits of merging TTDC
19 and Pentran to create a new single transportation district
20 commission, to be known as the Hampton Roads Transportation
21 District Commission ("HRTDC"), to provide transportation services
22 to the region encompassing such cities; and
23
WHEREAS, the purposes of such merger are to (i) achieve
24 economies of scale, (ii) have a stronger voice in federal and state
25 government affairs, (iii) reduce the number and increase the
26 efficiency of local government agencies in delivering transit
27 services, and (iv) begin the process of creating a strong regional
28 identity for the Hampton Roads Area; and
29
WHEREAS, TTDC, Pentran, and the cities of Chesapeake,
30 Hampton, Newport News, Norfolk, Portsmouth, Suffolk, and Virginia
31 Beach have been negotiating an Agreement to govern the transfer and
32 assumption of assets and liabilities, the management and financial
33 structure of HRTDC, the handling of personnel, business, financial,
34 governance, and other necessary and desirable matters relating to
35 the proposed merger; and
36
WHEREAS, prior to entering into a final Agreement, each
37 of the cities of Chesapeake, Hampton, Newport News, Norfolk,
38 Portsmouth, Suffolk, and Virginia Beach must, in accordance with
39 the Act, adopt an ordinance creating the Hampton Roads
40 Transportation District;
41
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
42 OF VIRGINIA BEACH, VIRGINIA:
43
That the Draft Agreement dated March 22, 1999, entitled
44 "AGREEMENT among PENINSULA TRANSPORTATION DISTRICT COMMISSION and
45 TIDEWATER TRANSPORTATION DISTRICT COMMISSION and THE CITY OF
46 CHESAPEAKE and THE CITY OF HAMPTON and THE CITY OF NEWPORT NEWS and
47 THE CITY OF NORFOLK and THE CITY OF PORTSMOUTH and THE CITY OF
48 SUFFOLK and THE CITY OF VIRGINIA BEACH (the "Definitive
49 Agreement")" is hereby approved by the City of Virginia Beach,upon
50 the condition that the Cost Allocation Agreement (Exhibit D to the
51 Definitive Agreement) is amended by the deletion of Paragraph H of
52 Article IX of the Cost Allocation Agreement and the substitution of
53 a new paragraph H in the form set forth in the attached document
54 entitled "HAMPTON ROADS TR3LNSPORTATION DISTRICT COMMISSION, COST
55 ALLOCATION AGREEMENT (EXHIBIT D), ARTICLE IX - ALLOCATION OF
56 REVENUES."
57
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
58 VIRGINIA BEACH, VIRGINIA:
59
That the City Manager be, and hereby is, authorized and
60 directed, upon completion of the due diligence review of the
61 proposed merger, and upon the fulfillment of the aforesaid
62 condition, to execute on behalf of the City the Definitive
63
64
Agreement and Cost Allocation Agreement in substantially the same
form and substance as the Draft Agreement dated March 22, 1999,
65 previously presented to the City Council.
66
67
68
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 4 day of May , 1999.
69
70
71
72
CA-7358
WMM/ORDRES ~MERGERTRTPENTRAN . RES
R-1
PREPARED: April 28, 1999
73
74
75
APPROVED AS TO CONTENT:
Finance
76
77
78
79
APPROVED AS TO LEGAL
Department of Law
HAMPTON ROADS TRANSPORTATION DISTRICT COMMISSION
COST ALLOCATION AGREEMENT (EXHIBIT D)
ARTICLE IX - ALLOCATION OF REVENUES
H. To the extent permitted by law, dedicated revenues generated in each
Participating City shall be allocated to that Part~clpat~ng C~ty, unless the governing
body thereof authonzes an alternative allocation based upon a finding that such
alternative allocation encourages the most effective and efficient operation of the
regional transportation system. The Commission shall request the General
Assembly, in any legislation it may enact which estabhshes a source of dedicated
revenues, to permit the Commission to allocate such dedicated revenues in a manner
consistent with this provision.
Item VI-K. 1.
-27-
ORDINANCES
ITEM # 44943
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, City Counctl ADOPTED
Ordtnance to AMEND Sectton 6-120.1 of the Ctty Code re restricttons
on the operation of personal watercraft
Voting: 9-0 (By ConsenO
Council Members Vottng Aye'
Linwood 0 Branch, III, Margaret L Eure, Wilham W Harrison, Jr,
Barbara M. Henley, Louts R Jones, Reba S. McClanan, Mayor Meyera
E Oberndorf, Vice Mayor Wtlham D Sessoms, Jr and A M "Don"
Weeks
Councd Members Vottng Nay'
None
Counctl Members Absent.
Harold Hetschober and Nancy K Parker
May 4, 1999
AN ORDINANCE TO AMEND SECTION 6-120.1 OF THE
CITY CODE PERTAINING TO RESTRICTIONS ON THE
OPERATION OF PERSONAL WATERCRAFT
SECTION AMENDED: § 6-120.1
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 6-120.1 of the City Code is hereby amended and
8 reordained to read as follows:
9
10
11
Sec. 6-120.1. Restrictions on operation of ~Dersonal watercraft~
12
(a) No person shall, in any waters of the city, including the
13 marginal adjacent ocean:
14
(1) Operate a personal watercraft unless a~ each person
15
riding on or being towed behind the personal watercraft
16
is wearing a type I, type II, type III or type V personal
17
flotation device of a typo approved by the United States
18
Coast Guard;
19
(2) Operate a personal watercraft at any time between sunset
20
and sunrise;
21
(3) Operate a personal watercraft at a distancc of loss than
22
in excess of the slowest possible speed required to
23
maintain steeraqe and headway within fifty (50) feet from
24
of (i) any shore, dock, pier~ boathouse, boat ramp, or
25
bulkheadl (ii) any vessel other than a personal
26
27
(iii) the boundary of any designated swimming areaTl or
28
( ) pt '"~
~ ....... ~ ..... iv any person in the water~ cxcc
29
30
~ -'-~ ~ - -"' -~t-~ -tad provided however that
31
this subsection shall not be deemed to prohibit a
32 personal watercraft from towing a person who, by virtue
33 of the length of the tow rope, is less than fifty (50)
34
feet from the personal watercraft;
35
(4) Operate a personal watercraft unless hc/shc he or she ms
36
at least fourt CCh ( 14 ) sixteen ( 16 ) years of age;
37
provided, however, that any person fourteen (14) or
38
fifteen (15) years of aqe shall be allowed to operate a
39
personal watercraft if he or she (i) has successfully
40
completed a boatinq safety education course approved by
41
the Director of the Virginia Department of Game and
42
Inland Fisheries and (ii) carries on his or her person,
43
while operatinq a personal watercraft, proof of
44
successful completion of such course. Upon the request
45
of any law-enforcement officer, such person shall provide
46
proof of havinq successfully completed an approved
47 course;
48
(5) Operate a personal watercraft unless the lanyard is
49
attached to his or her person, clothing, or personal
50
flotation device, if the personal watercraft is equipped
51
with a lanyard-type engine cut-off switch;
52
(6) Operate a personal watercraft while carrying a number of
53
passengers in excess of the number for which the craft
54
was designed by the manufacturer; or
55
(7) When launching or landing a personal watercraft, approach
56
or depart from any beach at other than an angle
57
perpendicular to the shoreline or proceed at a speed
58
greater than that which is necessary to maintain control
59
of such watcrcraft steeraqe and headway.
60
(b) No owner or person having control of a personal
61 watercraft shall authorize or knowingly permit a person under the
62 age of fourtccn (14) sixteen (16) to operate the personal
63 watercraft unless the person is fourteen (14) or fifteen (15) years
64 of age and has successfully completed a boatinq safety education
65 course as required by subsection (a) (4) of this section.
66
(c) For the purposes of this section_ "personal watercraft"
68 or motor boat less than sixteen (16) feet in lenqth which uses an
69 inboard motor powering a jet pump~ as its primary sourcc cf motive
70 power and which is dcsignatcd desiqned to be operated by a person
71
sitting, standing, or kneeling on, ....... ~ .................
72 vcsscl, rather than in the conventional manner of sitting or
73 standing inside, the vessel.
74
(d) ~ V~iolation of this section shall constitute a Class 4
75
misdemeanors_ p ....... , .........
76
(e) The provisions of this section shall not apply to
77 participants in any regatta, race, marine parade, tournament or
78 exhibition which is approved by the Virginia Board of Game and
79 Inland Fisheries or the United States Coast Guard.
8O
(f) A violation of this section shall not constitute
81 neqligence, be considered in mitigation of damaqes of whatever
82 nature, be admissible in evidence or be the subject of comment by
83 counsel in any action for the recovery of damaqes arising out of
84 the operation, ownership, or maintenance of a personal watercraft,
85 nor shall anythinq in this section change any existinq law, rule,
86 or procedure pertaininq to any such civil action, nor shall this
87 section bar any claim which otherwise exists.
88 Adopted by the City Council of the City of Virginia Beach,
89
Virginia, on this 4th day of May
, 1999.
90
91
92
CA-7260
DATA/OD IN/PROPOSED / 06 - 120 - 1. ORD
R5
PREPARED: April 26, 1999
Item VI-K. 2.
- 28 -
ORDINANCES
ITEM # 44944
Upon motion by Vice Mayor Sessoms, seconded by Councdman Branch, City Counctl DEFERRED
UNTIL CITY COUNCIL SESSION OF MA Y 25, 1999:
Ordtnance to AMEND Sections 35-182, 35-186 and REPEAL
Sectton 35-183 of the Ctty Code clartfytng and limiting the tax on
free admissions and providing exemptions for events benefitttng
charities.
Vottng 9-0 (By ConsenO
Councd Members Vottng Aye.
Ltnwood 0 Branch, III, Margaret L Eure, Wilham W Harrison, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera
E Oberndorf Vtce Mayor Wtlham D Sessoms, Jr and A M. "Don"
Weeks
Counctl Members Vottng Nay
None
Council Members Absent'
Harold Hetschober and Nancy K Parker
May 4, 1999
Item VI-K.$.
- 29-
ORDINANCES
ITEM # 44945
Upon motion by Vice Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED:
Ordinance to APPROPRIATE $6,492,088 from the State
Department of Emergency Servtces and the General Fund to a
newly-created FEMA Special Revenue Fund re costs assoctated
wtth clean-up acttvtties necessitated by Hurricane Bonnie; and,
esttmated revenues from the Commonwealth be tncreased
accordingly.
Vottng' 9-0 (By ConsenO
Counctl Members Voting Aye:
Ltnwood 0 Branch, III, Margaret L Eure, Wilham W Harrtson, Jr,
Barbara M. Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera
E. Oberndorf Vtce Mayor Wtlham D. Sessoms, Jr and A M "Don"
Weeks
Council Members Vottng Nay'
None
Council Members Absent
Harold Hetschober and Nancy K. Parker
May 4, 1999
1
2
3
4
5
6
7
8
9
10
11
12
13
AN ORDINANCE TO APPROPRIATE
$6,492,088 TO THE FEMA SPECIAL
REVENUE FUND, SUPPORTED BY AN
ESTIMATED $6,232,404 REIMBURSEMENT
FROM THE STATE DEPARTMENT OF
EMERGENCY SERVICES AND $259,556 OF
FUND BALANCE FROM THE GENERAL FUND,
FOR THE CITY'S COSTS TO CLEAN UP
DAMAGE CAUSED BY HURRICANE BONNIE
14
WHEREAS, on August 25, 1998, Hurricane Bonnie brought
15 sustained winds of 70 miles-per-hour and heavy rain to the City,
16 producing significant damage;
17
WHEREAS, the City of Virginia Beach responded swiftly in
18 coordinating and conducting clean-up operations, including removing
19 75% of the debris within 10 days and clearing, in total, over
20 400,000 tons of debris, which cost the City $6,492,088; and
21
WHEREAS, 96% of the City's costs (i.e., $6,232,404) will
22 be reimbursed by the Federal Emergency Management Agency ("FEMA")
23 via the State Department of Emergency Services, with additional
24 funds in the amount of $259,684 being available from fund balance
25 in the General Fund to cover the remainder of the City's costs.
26
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
27 OF VIRGINIA BEACH, VIRGINIA:
28
1. That $6,492,088 is hereby appropriated to a newly-
29 created FEMA Special Revenue Fund for reimbursement of costs
30 associated with clean-up activities necessitated by Hurricane
31 Bonnie, with $6,232,404 of these funds consisting of estimated
32 revenue from the State Department of Emergency Services and the
33 remaining $259,684 from fund balance in the General Fund.
34
2. That estimated revenues from the Commonwealth are
35 hereby increased in the amount of $6,232,404.
36
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 4 day of May , 1999.
Requires an affirmative vote by the majority of the
members of City Council.
CA-7356
ORD IN\NONCODE\ HURRBON. ORD
APRIL 27, 1999
R2
APPROVED AS TO CONTENT
Management Services
APPROVED AS TO LEGAL
SUFFICIENCY
23-Apr-99
HURRICANE BONNIE
APPROPRIATION CODES
BUDGET UNIT REIMBURSEMENTS
DEPARTMENT DEPT. TOTAL
,,
PUBLIC INFORM
$1 ,O55
HUMAN RESOURCES
$2,018
SOCIAL SERVICES
$16,055
POLICE DEPARTMENT
$23,948
PUBLIC WORKS
$5,789,471
PARKS & REC
$31,172
LIBRARIES
$148
PLANN. & COMM. DEV
$9,495
ECONOMIC DEVEL
$1,461
GENERAL SERVICES
$322,286
FIRE
$7,217
PUBLIC UTILITIES
EMERGENCY MED SER
$75,105
$7,218
HOUSING
$3,834
SCHOOLS
$100,OO0
RISK MGMT.
$101,605
$6,492,088
Item VI-K. 4.
- 30-
ORDINANCES
ITEM # 44946
The following registered tn SUPPORT
Admtral Dtck Dunleavy, 2220 Sandp~per Road, Phone 721-3644, represented the Sandbrtdge Ctvtc League
Stewart Powers, Jr, 328 Teal Crescent,, Phone, 721-3173
The following regtstered to speak their concerns relative environment
John P. Stasko, 405 Sandpiper, Phone 721-2412, represented US. Fish and Wtldlife Service
John B. Gallegos, represented Back Bay National Wtldhfe Refuge, Phone. 721-2412
Richard Whtttemore, 3104 Arctic Avenue, Phone. 425-5900, represented the Back Bay Restoratton
Foundation
The following regtstered in OPPOSITION:
Professor Rob &mpson, 1932 E Refuge Church Road, Stephens City, Vtrgima 2265, Phone (540) 869-2051,
Lord Fatrfax Communtty College
Upon motton by Councd Lady McClanan, seconded by Councdman Weeks, Ctty Counctl ADOPTED:
Or&nance to TRANSFER $100,000 from the Tourism and Growth
Investment Fund (TGIF) Reserve for Conttngenctes to the FY 1998-1999
Operattng Budget of the Department of Economtc Development re
purchase of an Assignable Option on approximately five acres of
oceanfront property adjacent to Little Island Park at Sandbridge; and,
to authorize the City Manager to execute the Option Agreement.
Voting. 8-1
Council Members Voting Aye
Ltnwood 0 Branch, III, Margaret L. Eure, Wtlham W Harrtson, Jr,
Louis R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Vtce
Mayor Wtlliam D Sessoms, Jr and A M "Don" Weeks
Counctl Members Vottng Nay
Barbara M Henley
Counctl Members Absent
HaroM Hetschober and Nancy K Parker
May 4, 1999
1
2
3
4
5
6
7
8
9
10
11
AN ORDINANCE TO TRANSFER FUNDS IN THE
AMOUNT OF $ 100,000 FROM THE TOURISM AND
GROWTH INVESTMENT FUND RESERVE FOR
CONTINGENCIES TO THE FY 1998-99 OPERATING
BUDGET OF THE DEPARTMENT OF ECONOMIC
DEVELOPMENT FOR THE PURCHASE OF AN
ASSIGNABLE OPTION ON APPROXIMATELY FIVE
ACRES OF OCEANFRONT PROPERTY ADJACENT TO
LITTLE ISLAND PARK AT SANDBRIDGE AND TO
AUTHORIZE THE CITY MANAGER TO EXECUTE THE
OPTION AGREEMENT
12
WHEREAS, the City Council's objectives include
13 encouraging the development of world-class tourism amenities and
14 facilities;
15
WHEREAS, one such possibility involves the development of
16 a lodging facility located on the southern portion of Little Island
17 Park at Sandbridge; and
18
WHEREAS, to facilitate this project,S100,000 is available
19 to be transferred from the Tourism and Growth Investment Fund to
20 allow the City to purchase an assignable option on approximately
21 five acres of oceanfront property adjacent to Little Island Park at
22 Sandbridge.
23
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
24 OF VIRGINIA BEACH, VIRGINIA:
25
1. That funds in the amount of $ 100,000 are hereby
26 transferred from the Tourism and Growth Investment Fund Reserve for
27 Contingencies to the FY 1998-99 Operating Budget of the Department
28 of Economic Development to provide funds needed to purchase an
29 assignable option on approximately five acres of oceanfront
30 property adjacent to Little Island Park at Sandbridge (the "Option
31 Property" ) .
32
2. That the City Manager, or his designee, acting on
33 behalf of the City, is authorized and directed to execute and enter
34 into an Option Agreement with Kenneth D. Wilkins and D. Stewart
35 Precythe for the purchase of the Option Property on the terms set
36 forth in the attached term sheet and such other terms as may be
37
38
39
agreed to by the City Manager and approved by the City Attorney.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 4th day of May, 1999.
40
41
42
43
CA-7357
ORDIN[NONCODE~FALSE CAPE HENRY.ORD
APRIL 28, 1999
R3
44
45
46
47
48
49
50
51
52
53
54
55
APPROVED AS TO CONTENT:
Management Servic~'~
APPROVED AS TO LEGAL
SUFFICIENCY:
TERM SHEET FOR OPTION AGREEMENT FOR
FIVE ACRES + OF OCEANFRONT PROPERTY
ADJACENT TO LITTLE ISLAND PARK AT
SANDBRIDGE
OWNERS'
Kenneth D. Wflkins & D. Stewart Precythe
OPTIONEE:
City of Virginia Beach
PROPERTY:
54- acres located adjacent to and north of the City's property at Little Island
Park (the "Optmn Proeprty")
OPTION TERMS:
$25,000 for 3 month option period
Extension for 1 month at no additional cost
3 one month extensions at $25,000 / month
PURCHASE PRICE:S7,000,000 (option fees paid will apply to purchase price)
SETTLEMENT: Within 1 month following exercise of the Option
OTHER SIGNIFICANT TERMS:
· Owners to rmmburse City at Settlement $42,500 cost of feas~b~hty
study prepared by Cayuga Hospitality Advisors.
Owners intend to donate to the City 54- acres of wetlands located to
the west of Sandpiper Road and may reserve marine access rights and
dredging rights, such rights and the location of such access being
subject to City approval.
On or before Settlement, Owners must record a Declaration of
Restrictions applicable to other property owned by Owners and
located on the west side of Sandpiper Road prohibiting certain uses
of the property and establishing certain quality standards and
limitations for its development.
In the process of negotiations with a developer of the False Cape
Lodge property (7 acres located on the southern part of Little Island
Park), if the City negotiates a sale price in excess of $7,000,000, any
excess sales proceeds over $7,000,000 (after deducting non-staffCity
expenses related to such sale) shall be paid to Owners as an increase
in the purchase price of the Option Property.
· Option ~s fully assignable by the City.
F \Users\MGavle\WP\WORK\wfikms precythe termsheet WlXi
Item VI-K.$.
- 31 -
ORDINANCES
ITEM # 4494 7
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to A WARD a lease of city-owned property at 1848
Pleasant Ridge Road to NEXTEL COMMUNICATIONS re
constructing, maintaining and operating wireless
telecommunications facih'ties; and, to authorize the City Manager
to execute said lease.
Voting: 9-0 (By Consent)
Council Members Voting Aye
Ltnwood 0 Branch, III, Margaret L. Eure, William W. Harrison, Jr,
Barbara M. Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera
E. Oberndorf Vice Mayor William D Sessoms, Jr. and A M "Don"
Weeks
Council Members Voting Nay.
None
Council Members Absent:
Harold Heischober and Nancy K Parker
May 4, 1999
AN ORDINANCE TO AWARD A LEASE OF A
PORTION OF THE CITY PROPERTY LOCATED
AT 1848 PLEASANT RIDGE ROAD, IN THE
PRINCESS ANNE DISTRICT, TO NEXTEL
COMMUNICATIONS, FOR THE PURPOSE OF
CONSTRUCTING, MAINTAINING AND
OPERATING WIRELESS
TELECOMMUNICATIONS FACILITIES
WHEREAS, the Clerk has laid before the City Council, at
10 its first regular session held after the completion of the
11 publication thereof, an ordinance adopted September 22, 1998,
12 entitled, "AN ORDINANCE TO PROVIDE FOR THE LEASE OF A PORTION OF
13 THE CITY PROPERTY LOCATED AT 1848 PLEASANT RIDGE ROAD, IN THE
14 PRINCESS ANNE DISTRICT, FOR THE PURPOSE OF CONSTRUCTING,
15 MAINTAINING AND OPERATING WIRELESS TELECOMMUNICATIONS FACILITIES,"
16 together with a certificate of due publication of the same once per
17 week for four successive weeks in a newspaper of general
18 circulation in the City, in the manner prescribed by law; and
19
WHEREAS, Nextel Communications of the Mid-Atlantic, Inc.,
20 d/b/a Nextel Communications (hereinafter "Nextel Communicatmons")
21 has submitted the highest bid for the award of such lease, which
22 bid was delivered to the Mayor in open session on the day and hour
23 named in the advertisement and was read aloud; and
24
WHEREAS, the Mayor then and there inquired for any
25 further bids, and none were submitted; and
26
WHEREAS, in the opinion of the City Council, it is
27 expedient and in the best interests of the City that the said lease
28 should be granted to Nextel;
29
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
30 OF VIRGINIA BEACH, VIRGINIA:
31
1. That the bid of Nextel Communications be, and hereby
32 is, accepted, and that the aforesaid lease be, and hereby is,
33 awarded to Nextel Communications, upon the conditions set forth in
34 such lease.
35
2. That the name of Nextel Communications shall be
36
37
38
39
inserted in the aforesaid lease, and that the City Manager shall
execute, on behalf of the City, the lease entitled, "Communication
Tower Lease Agreement, City of Virginia Beach, Lessor, and Nextel
Communications, Lessee," a true copy of which is on file in the
40 Office of the City Clerk.
41
42
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 4 day of may , 1999.
43
44
45
46
CA-98-7152
wmm\ordreskpungo2, ord
R-3
April 20, 1999
47
48
49
50
51
52
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
Law Department
53
COMMUNICATION TOWER LEASE AGREEMENT
PLEASANT RIDGE TOWER SITE
SUMMARY OF TERMS
Location: 1848 Pleasant Ridge Road, Princess Anne District
Lessor:
City of Virginia Beach
Lessee:
Nextel Communications of the Mid-Atlantic, Inc., d/b/a Nextel Communications
Ten (10) years with Lessee having option to renew for 2 add'l five (5) year periods
Rent:
$18,000 (first year) Additional rent in the amount of $1,200 for each additional
antenna added later
Escalator: Yearly increase equal to rise in CPI, with maximum of 5%
Other:
Lessee to pay all additional costs of maintaining premises caused by Lessee's use
Leased space 1s for one (1) antenna array at a height between 200' and 215'
Lessee must have City's express permission to access its facilities on tower
Lessee required to carry $1,000,000 comprehensive insurance, plus other insurances
Lessee required to indemnify City for injuries, etc., caused by Lessee's negligence,
etc.
Lessee must remove antennas and building and restore premises to original condition
upon expiration or termination of lease
Lessee must stop using facilities if use causes material interference with City's use
for emergency communications (in sole judgment of City)
Item VI-K. 6.
- 32 -
ORDINANCES
ITEM # 44948
Upon motion by Vice Mayor Sessoms, seconded by Counctlman Branch, City Counctl DEFERRED
INDEFINITEL Y:
Ordinance to AUTHORIZE temporary encroachments tnto a
portion of the Ctty's rtght-of-way at Mechterranean Avenue, 14tn
Street and 16tn Street by VIRGINIA BEACH PENTECOSTAL
CHURCH OF CHRIST re erectton and matntenance of four
directional signs (BEA CH- DISTRICT 6) (Deferred Aprtl 13, 1999
and Aprt127, 1999)
Voting' 9-0 (By Consent)
Counctl Members Voting Aye
Linwood O. Branch, III, Margaret L Eure, Wilham W. Harrtson, Jr,
Barbara M Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera
E Oberndorf Vice Mayor Wdham D. Sessoms, Jr. and A M "Don"
Weeks
Counctl Members Vottng Nay'
None
Counctl Members Absent
Harold Hetschober and Nancy K Parker
May 4, 1999
Item VI-K. 7.
- 33 -
ORDINANCES
ITEM # 44949
Upon motton by Vice Mayor Sessoms, seconded by Councdman Branch, Ctty Council APPROVED:
License Refunds - $83,291.23
Voting: 9-0 (By ConsenO
Councd Members Vottng Aye'
Ltnwood 0 Branch, III, Margaret L. Eure, Wtlham W. Harrison, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera
E Oberndorf Vice Mayor Wtlham D. Sessoms, Jr and A M "Don"
Weeks
Councd Members Voting Nay.
None
Council Members Absent
Harold Hetschober and Nancy K Parker
May 4, 1999
FOF~4 NO C A. 8 REV 3/~
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following apphcabons for hcense refunds, upon cert~flcabon
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE INTEREST TOTAL
YEAR PAID
ADAMS OUTDOOR LIMITED PTNSHP
ARCHEBELLE MELISSA GARNER
DKD
ELS TRUCKING INC
EXXON CORP
IV HARRIS & ASSOC INC
KAVANAUGH EDWARD ET ALS
KUPPERSMITH PHILIP G
MURPHY WILLIAM M JR
NETWORK INDUSTRIES LTD
NEW JACK SWING PRODUCTIONS
PARADISE PERFECTIONS LTD
PREMIER SYSTEMS CORPORATION
RAYTHEON SERVICE CO
RESCOM INC
SAWYER PAUL W
SOLID GOLD ENTERTAINMENT INC
TARMAC VIRGINIA INC
TIDEWATER SURVEYING ENGINEER
VA BEACH CINEMA INC
W R HALL
WARNER JIM E
WHITEHURST JERRY C
WILSON GARY E
Y NOT CORP
Y NOT HMA CORP
1997-1998 AU DIT 4,727 21 660 22 5,387 43
1997-1999 AUDIT 40 00 0 00 40 00
1997-1999 AUDIT 296 93 0 00 296 93
1996-1998 AUDIT 476 02 45 49 521 51
1997-1999 AUDIT 4,989 37 328 71 5,318 08
1996 AUDIT 3,518 53 996 52 4,515 05
1996-1999 AUDIT 1,246 26 74 01 1,320 27
1995-1999 AUDIT 1,050 91 65 06 1,115 97
1996-1997 AUDIT 24 00 0 00 24 00
1998-1999 AUDIT 690 75 17 95 708 70
1995-1999 AUDIT 2,405 58 0 00 2,405 58
1997-1998 AUDIT I 67 0 15 1 82
1996-1997 AUDIT 42 00 0 00 42 00
1998 AUDIT 31,212 31 3,119 98 34,332 29
1997-1998 AUDIT 79 25 10 78 90 03
1995-1998 AUDIT 2 30 0 00 2 30
1997-1998 AUDIT 10 00 0 00 10 00
1995-1998 AUDIT 6,453 23 1,701 42 8,154 65
1996-1998 AUDIT 32 77 0 00 32 77
1996-1998 AUDIT 567 61 130 51 698 12
1995-1997 AUDIT 92 96 0 00 92 96
1996-1997 AUDIT 8 91 1 60 10 51
1996-1999 AUDIT 78 00 0 00 78 00
1996-1999 AUDIT 17 55 0 00 17 55
1996-1998 AUDIT 4,184 60 518 89 4,703 49
1996-1999 AUDIT 7 91 0 00 7 91
Th~s ordinance shall be effective from date of
adoption.
The above abatement(s) totahng
City of Virginia Beach on the
$69,927.92
Phd~p ,I' Kella-m'- - -
Commissioner of the Revenue
"'Ceshe'E'- Ldley
C~ty Attorney
were approved by the Council of the
Nay 99
day of ,19
Ruth Hodges Smith
C~ty Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following apphcabons for hcense refunds, upon cert~flcabon
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE INTEREST TOTAL
YEAR PAID
ACME HEATING & AIR CONDITIONING
AIKEN JOHN A
AIRINGTON KEVIN A
ATC GROUP SERVICES INC
EISCHEN DAWN W
HEGWOOD JEFFREY W
HILL-ROM COMPANY INC
SERVPRO OF SUFFOLK SMITHFIELD
SKAMAGOS NICKOLAS
SOUTHLAND CORP THE
TIDEWATER CONSTRUCTION CORP
WINSTON YORK E MD PC
04/19/99 AUDIT 279 05 72 47 351 52
04/16/99 AUDIT 33 73 0 28 34 01
04/09/99 AUDIT 79 58 0 00 79 58
04/19/99 AUDIT 439 48 0 00 439 46
04/16/99 AUDIT 10 00 0 08 10 08
04/20/99 AUDIT 10 00 0 00 10 00
04/19/99 AUDIT 5,919 21 1,440 47 7,359 68
04/09/99 AUDIT 10 36 0 00 10 36
04/09/99 AUDIT 10 00 0 00 10 00
04/20/99 AUDIT 1,805 68 180 50 1,986 18
04/21/99 AUDIT 173 95 53 47 227 42
04/22/99 AUDIT 1,451 36 144 50 1 595 86
Th~s ordinance shall be effecbve from date of
adoption.
The above abatement(s) totaling
City of Virginia Beach on the
$12,114 15
/~i~ed as~o ~~
Commissioner of the Revenue
'~e s I, e"L L,fley
C~ty Attorney
were approved by the Council of the
day of Nay ,19 99
Ruth Hedges Smith
C~ty Clerk
FORM NO C
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following apphcations for hcense refunds, upon certification
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE INTEREST TOTAL
YEAR PAID
ANDERSON WILLIAM F
MARLIN CONTRACTING INC
SYCAMORE VIRGINIA CORP
VIDEO SELECT INC
WILSON ROSEMARY
04112/99 AUDIT 10 00 0 00 10 00
04/13/99 AUDIT 28 00 I 00 29 00
04/15/99 AUDIT 93 50 9 35 102 85
04/13/99 AUDIT 928 98 157 61 1,086 59
04/12/99 AUDIT 20 72 0 00 20 72
Th~s ordinance shall be effective from date of
adoption.
The above abatement(s) totaling
City of Virg~ma Beach on the
$1,249 16
Commissioner of the Revenue
C~ty Attorney
were approved by the Council of the
day of May ,19 99
Ruth Hodges Smith
C~ty Clerk
Item VI-L. 1.
- 34-
APPOINTMENTS
ITEM # 44950
BY CONSENSUS, City Councd RESCHEDULED APPOINTMENTS
WETLANDS BOARD
May 4, 1999
Item VI-L.2.
- 35-
APPOINTMENTS
ITEM # 44951
Upon NOMINATION by Vice Mayor Sessoms, Ctty Counctl APPOINTED:
Barbara J. Ferguson
Unexpired Term to 12/31/2001
FRANCIS LAND HOUSE BOARD OF GOVERNORS
Voting: 9-0
Council Members Voting Aye'
Ltnwood O. Branch, III, Margaret L. Eure, Wdham W Harrison, Jr,
Barbara M. Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera
E. Oberndorf Vtce Mayor Wdham D. Sessoms, Jr and A M "Don"
Weeks
Counctl Members Voting Nay
None
Counctl Members Absent
Harold Heischober and Nancy K. Parker
May 4, 1999
Item VI-M.
- 36-
AD JO URNMENT
ITEM # 44952
Mayor Meyera E Oberndorf DECLARED the Ctty Councd Meeting ADJOURNED at 4:10 P.M.
Chtef Deputy Ctty Clerk
Ruth Hodges Smith, CMC/AAE
Ctty Clerk
Meyera E Oberndorf
Mayor
Ctty of Vtrgtma Beach
Virginta
May 4, 1999