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Home My WebLink AboutAPRIL 2, 2002 AGENDACITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR WILLIAM D. SESSOMS, JR., At-Large LINWOOD O. BRANCH, II1, Beach - District 6 MARGARET I- EURE, Centerville - District I WILLIAM W. HARRISON, JR., Lynntmven - District $ BARBARA M. HENLEY, Princess Anne - District 7 LOUIS R. JONES, Bayside - District 4 REBA S. McCLANAN, Rose Hall - District $ ROBERT C. MANDIGO, JR., Kempsville - District 2 NANCY K. PARKER, At-Large ROSEMARY WILgON, At-Large JAMES K. SPORE, City Manager LESLIE I.~ LILLF-E City Attorney RUTH HODGES-SMITH, MMC, City Clerk "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 427-4304 FAX: (757) 426-5669 EMAIL' Ctycnc l @ city. virginia-beach, v~ us April2,2002 CITY COUNCIL'S BRIEFINGS - Conference Room - Ao KEMPSVILLE/PRINCESS ANNE/WlTCHDUCK ROADS INTERSECTION (Preferred Alternative) John W. Herzke, City Engineer, Department of Public Works Bo PERFORMING ARTS THEATRE SITE ANALYSIS Martha J. Sims, Director, Public Libraries REVIEW OF AGENDA ITEMS 1:00PM 111. CITY COUNCIL COMMENTS IV. BUDGET WORKSHOP V. INFORMAL SESSION - Conference Room - 5:30PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Charles Moseley Oak Grove Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL Eo Fo Go CERTIFICATION OF CLOSED SESSION MINUTES 1. SPECIAL SESSION 2. INFORMAL and FORMAL SESSIONS AGENDA FOR FORMAL SESSION March 19, 2002 March 26, 2002 RESOLUTION 1. Resolution re issuance of the Development Authority's Industrial Development Revenue Bonds: Beth Sholom Home of Eastern Virginia APPOINTMENTS ARTS AND HUMANITIES COMMISSION COMMUNITY SERVICES BOARD HUMAN RIGHTS COMMISSION UNFINISHED BUSINESS NEW BUSINESS ADJOURNMENT Not to exceed $4,500,000 If you arc physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 4274303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 03/28/02slb AGENDA~)4/02/02 www.vbgov eom 2002-2003 RESOURCE MANAGEMENT PLAN SCI~EBULE - FINAL Council Workshop Quality Education and Life Long Learning Council Conference April 9th room Council Workshop Quality Physical Environment Council Conference April 16th Operational Support room Public Hearing Public Comment on Proposed FY 2002-2003 Resource Management Frank W. Cox High April 18' Plan School 6 PM Council Workshop Safe Community Council Conference April 23rd Family and Youth Opportunities room Public Hearing Public Comment on Proposed FY 20022003 Resource Management Council Chamber April 23rd Plan 6 PM Council Workshop Reconciliation of outstanding resource issues Council Conference May 9* room 3 PM Adoption of FY 2002-2003 City Council Vote on Resource Management Plan Council Chamber May 14' Resource Management 6 PM Plan (will include Public Hearing) April2,2002 II. CITY COUNCIL'S BRIEFING - Conference Room - A. KEMPSVILLE/PRINCESS ANNE/WITCI-tDUCK ROADS INTERSECTION (Preferred Alternative) John W. Herzke, City Engineer, Department of Public Works B. PERFORMING ARTS THEATRE REPORT - Site Analysis Martha J. Sims, Director, Public Libraries REVIEW OF AGENDA ITEMS 1: 00PM CITY COUNCIL COMMENTS IV. BUDGET WORKSHOP V. INFORMAL SESSION - Conference Room - 5:30PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL. C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00.PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Charles Moseley Oak Grove Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION Fo Go MINUTES 1. SPECIAL SESSION 2. INFORMAL and FORMAL SESSIONS AGENDA FOR FORMAL SESSION March 19, 2002 March 26, 2002 CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: *That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this ClOsed Session were heard, discussed or considered by Virginia Beach City Council. Ho RESOLUTION 1. Resolution re issuance of the Development Authority's Industrial Development Revenue Bonds: Beth Sholom Home of Eastern Virginia Not to exceed $4,500,000 FORM NO. CM 5 REV. 11/91 · ~'f:l'~ ~. ~ CITY OF VIRGINIA BEACH AGENDA REQUEST To: The .Honorable Mayor Members of the Council James K. Spore From: City Manager Subject: Resolution Approving the Issuance of Industrial Development Revenue Bonds (Beth Sholom Home of Eastern Virginia Project) NATURE OF ITEM: Zoning/Use Permit Contract Transfer/Appropriation; lg/2~ Reading X Other Resolution SECTION: Amount $. Funding Source: AGENDA ON: April 2, 2002 Recommendation: Signature HISTORY: The City of Virginia Beach Development Authority has considered the request of Beth Sholom Home of Eastern Virginia, a Virginia nonprofit, nonstock and nonmember corporation, for the issuance of the Authority's Industrial Development Revenue Bonds in an amoum not to exceed $4,500,000 to assist the company in: (1) renovation, construction, equipping and expansion of a 120-bed skilled nursing facility, including renovating approximately 12,500 square feet of the existing facility and an approximately7 8,800 square foot addition to the existing facility for a new lobby and entranceway, chapel, multipurpose room, cafeteria, staff lounge, kitchen freezer storage space and related equipment, furniture and fixtures; (2) acquisition of a 1.272 acre parcel of land located at the northwest comer of College Park Boulevard and Auburn Drive, Virginia Beach, and the construction of a parking lot on the land; (3) use of working capital to pay existing indebtedness in approximate amount of $775,000; and (4) cost of issuance of the Bonds. The request was duly advertised for a public hearing before the Authority in accordance with the requirements of Section 15.2-4906 of the State Code, and the Authority passed a resolution on March 19, 2002, recommending that City Council approve issuance of the bonds. FACTS/DISCUSSIONS/OPTIONS: The matter comes before Council for its approval pursuant to Section 15.2-4906 which requires the municipality on behalf of which the bonds of an authority are issued to either approve or disapprove any f'mancing recommended by such authority within sixty (60) days of the date of the authority' s public hearing. ATTACHIVIE~S: IDB Submission to Council Notice of Public Hearing Record of Public Hearing Development Authority' s Resolution Disclosure Statement Authority's Statement Fiscal Impact Statement Summary Sheet Memo from Housing & Preservation March 12, 2002 Resolution Location Map Copies to: Recommended Action: APPROVAL Council Action: Date: Development Authority Gar~ ess of Counsel RESOLUTION APPROVING THE ISSUANCE OF REVENUE BONDS FOR BETH SHOLOM HOME OF EASTERN VIRGINIA WHEREAS, the City of Virginia Beach Development Authority (the "Authority') has held a public hearing on March 19, 2002 with respect to the application of Beth Sholom Home of Eastern Virginia (the "Company") for the issuance of the Authority's Industrial Development Revenue Bonds in an amount not to exceed $4,500,000 (the "Bonds") to assist the Company in (a) renovation, construction, equipping and expansion of a 120-bed skilled nursing facility, including renovating approximately 12,500 square feet of the existing facility and an approximately 8,800 square foot addition to the existing facility for a new lobby and entranceway, chapel, multi-purpose room, cafeteria, staff lounge, kitchen freezer storage space and related equipment, furniture and fixtures, Co) acquisition of a 1.272 acre parcel of land ("Land") located at the northwest comer of College Park Boulevard and Auburn Drive, Virginia Beach, Virginia, and the construction of a parking lot on the Land, (c) use of working capital to pay existing indebtedness in the approximate amount of $775,000 and (d) costs of issuance of the Bonds (collectively, the "Project"); and 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 Authority issues its bonds on behalf of the City of Virginia Beach, Virginia (the "City"), the Project is located in 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 Authority has favorably considered the Company's application and a copy of the Authority's resolution 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 approve the issuance of the Bonds; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The recitals made in the preambles to this Resolution are hereby adopted as a part of this Resolution. 2. The City Council approves the issuance of the Bonds by the Authority to assist in the financing of the Project for the benefit of the Company to the extent of m~d as required by Section 147(f)(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(f)(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, 2 o 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. 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, ., 2002. Virginia, on #337968 vl - Resolution-City Councii-BSHEV 614251.0003 VIRGINIA BEACH Department of Economic Development One Columbus Center, Suite 300 Virginia Beach, VA 23462 (757) 437-6464 FAX (757) 499-9594 Website www. virginia-beach.va.us/depl/econdcv E-ma// ccdev~city, virginia-beach.va, us .. March 19~ 2002 The Honorable Meyera E. Obemdorf, Mayor Members of City Council Municipal Center Virginia Beach, VA 23456 Re: Beth Sholom Home of Eastern Virginia $4,500,000 - Revenue Bonds Dear Mayor Oberndorf and Members of City Council: We submit the following in connection with a project for Beth Sholom Home of Eastern Virginia located at 6401 Auburn Drive in Virginia Beach, Virginia. (1) Evidence of publication of the notice of heating 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 ExhibitD.. (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 ExhibitE.. (4) The Fiscal Impact Statement is attached as Exhibit F. The Honorable Meyera E. Obemdorf, Mayor Members of City Council Page 2 March 19, 2002 (5) Attached as Exhibit G is a summary sheet setting forth the type of issue, and identifying the Project and the principals. (6) Attached as Exhibit H is a letter from the appropriate City department commenting on the Project. Very truly yours, RGJ/GLF/rab Enclosures 592 :~ Applicant: Address: Project: Bonds: 2.660~000 FT LOCATO~MAP Beth Sholom Home of Eastern Virginia 6401 Auburn Drive, Virginia Beach Construction of approximately 8,800 sq. ft. addition to existing 120-bed nursing home, parking lot, approximately 12,500 sq. ft. of internal renovations and furniture, fixtures and equipment. Not to 6xceed $4,500,000 76'14'[5' Joins Map 221 76oiZ45- HAROW1CK C~F 3 WAm,V]~ CIR 4 uP*r~N CIR OXFORD CIR EATON WAY MO51Ci V OR Landfill Number 2 SEE GRIDS 117, 37 1 2 HARYMOUNI' ARCIt (: "..Shores 8 T~llwo°d ;, ,/ '~; ES~' EXI-IIBIT'A - THE VIRGINIAN-PILOT NORFOLK, VIRGINIA AFFIDAVIT OF PUBLICATION The Virginian-Pilot WILLIAMS, MULLEN, CLARK & DOBB ONE COLUMBUS CENTER VA BEACH VA 23462 REFERENCE: 10177466 1221120 NOTICE OF PUBLIC HEA State of Virginia City of Norfolk This day, D. Johnson personally appeared before 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, Common- wealth of Virginia and in the state of North Carolina 2)That the'advertisement hereto annexed has been published in said newspaper on the date stated. PUBLISHED ON: 03/05 03/12 TOTAL COST: 565.88 AD SPACE: 86 LINE ON PROPOSED REV~UE. BQflD F'INAN~ING OFTHE '..cn~YOF~RSWaB~ACHOEVELOmmT~n~ORTry ~: i Notice la~hei, aby aires that ~e~Clty.of ~/i~glnia Beads D~vel0Pment ~ ~eth $.holom ~ of Eastern VIrllmC, v~cee ~'inctpol pike o7 .~m~_jnas$ !.s, 6401'a~.bem Drlve;/Vl~lnta Be~ch,'Vlrginia 2346=l.(the .~o~n..l?.,n~. );~ the ~_~ua~ce 9f'._t~, ~ Revehue Bonds (the or~s ')..~u.r~oa.nt .to:chel~e~ 'rM~ o[ the:Ac~s of ASsembly of 1964, as' ameno_e_ o ago su_nl~em.ef~_,~ by.the Inaumrlal DevelOnment end ~. e-~ond Ac~.,..Tltle/5.2::~ptht.49'of~b~e Code of Vt~nie ct , as emenoed ~the :TAct"),:tri en amoun! not to exceed $4,500,.,000 to as,,Slst th~.Ct)ml~f~y in :~ln~Cin~ the (a) renOvaUon, constru~ti~n;,~l~In~ snd~lmnaion of ,a,1204~ed skil ed nurs ng t'~ll~y, ~.nclE...dm~, tenovlti~ e. Pi~m~tsly L2,500 ~uare feel~of the: ~ .f~c~my ~ an ~mximatMye.800 r,~ foot. addition:to, the Stm~ ~ltty .1~' s new Iol)b~ end ~tranceway+. chapel~: multi-Imf:~ mteu equllm~nen~,mrmtum.andT~,.-'~ures~ (~).Kquisttion of S 1,272 ~ Imrcel of land (.'Land~) k~ltdd~t ,the no~lvWest comer of College: BouleVard ~ AubUm~kive, :VIr~lni,i BeKh,lVirgtn a.~and Lthe cons~ .Of · ~ad.~ ~.onme:tand; (~) u~s Of wo~,g Cap~ ~o' I~Y ~st. in~ ~dd~btddnesa in the-sPl~'0xima~e mnount Of $775,000! ..~ld~'( ).c~..,~ of ~&l~rlCeof ~BOi~ (col~Ctively,,the "ProjeCt?; AIlf 'o] ~ne'mC~lmeS c~nl:~Sin~ the Pfojec~ will 13e Ioce~ad on the Land or a~ 6401, Au~ D~, Vi~lnl8 ~eKh Virginia As reclulredby the'Act [~t~e Bo~ds ~11 not.lelddge ~he ~'eda or taxlngl~wer cf the Common- Malt~ ~-Vtf~ini% the ¢~ KVl~;:Beach, Vi~,inta, or the AuthorK~, I.bU~ ~'~ther Will be I~mY~ble ~l~y.tn~ revenues der~ fi'om the Com- Ipany and pledges of those revenues ~..Anypersons interested in the' Issuance :of {he-Bonds-0r;the Io~ation or: nature of the proposed :~ojec~ may eb~esr end be basra A ce~ of the Comlmny's spplica- tlo~ is on f'de end is open for'lnsl~ec~lon at the Aothority's oifice dur-' '> .,~amt~beddMa~ch'~.2,2002 ';~-~-:. .. ~221120' ~?:':~2.:~ . ..;.. : . . .: , Legal~nt: k f-' x-$t~/%~ W.~ ~ ~' ' / \ Sub~ribed/and sw~r.p to be~or~in my ~ty and state o~ the day and year ~fo=~ .ihis {~~f ~ t Notary/.. ~~~~~_.%_~My.~_.~~ cor~mission expires January 31, 2004 'EXHIBIT A NOTICE OF PUBLIC HEARING ON PROPOSED REVENUE BOND FINANCING OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY TUESDAY, MARCH 19, 2002 Notice is hereby given that the City of Virginia Beach Development Authority (the "Authority") whose address is Suite 300, One Columbus Center, Virginia Beach, Virginia, will hold a public hearing at 8:30 a.m. on Tuesday, March 19, 2002, on the application and plan of financing of Beth Sholom Home of Eastern Virginia, whose principal place of business is 6401 Auburn Drive, Virginia Beach, Virginia 23464 (the "Company"), for the issuance of the Authority's Revenue Bonds (the "Bonds") pursuant to Chapter 643 of the Acts of Assembly of 1964, as amended and supplemented by the Industrial Development and Revenue Bond Act, Title 15.2, Chapter 49 of the Code of Virginia of 1950, as amended (the "Act"), in an amount not to exceed $4,500,000 to assist the Company in financing the (a) renovation, constmcti0n, equipping., and expansion of a 120-bed skilled nursing facility, including renovating approximately 12,500 square feet of the ~existing facility and an approximately 8,800 square foot addition to the existing facility for a new lobby and entranceway, chapel, multi-purpose room, cafeteria, staff lounge, kitchen freezer storage, space and related equipment, furniture and fixtures, (b) acquisition of a 1.272 acre parcel of land ("Land") located at the northwest comer of College Park Boulevard and Auburn Drive, Virginia Beach, Virginia, and the construction of a parking lot on the Land, (c) use of working capital to pay existing indebtedness in the approximate amount of $775,000 and (d) costs of issuance of the Bonds (collectively, the "Project"). All of the facilities comprising the Project will be located on the Land or at 6401 Auburn Drive, Virginia Beach, Virginia. As required by the Act, the Bonds will not pledge the credit or taxing power of the Commonwealth of Virginia, the City of Virginia Beach, Virginia, or the Authority, but rather will be payable solely from revenues derived from the Cqmpany and pledges of those revenues. Any persons interested in the issuance of the Bonds or the location or nature of the proposed Project may appear and be heard. A copy of the Company's application is on file and is open for inspection at the Authority's office during business hours. City of Virginia Beach Development Authority 6142510003/ #262382 vl - NOTICE OF PUBLIC HEARING-Beth Sholom 2 EXHIBIT B CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY RECORD OF PUBLIC HEARING ON MARCH 19, 2002 (Beth Sholom Home of Eastern Virginia Project) The Chair of the City of Virginia Beach Development Authority (the "Authority") announced the commencement of a public heating on the request of Beth Sholom Home of Eastern Virginia (the "Company"), and that a Notice of the Hearing was published once a week for two consecutive weeks in The Virginian-Pilot, a newspaper having general circulation in the City of Virginia Beach, Virginia (the "City"). Such public hearing was held not less than six days and not more than 21 days after the second notice appeared in The Virginian-Pilot. A copy of the Notice and Certificate of Publication of such notice have been filed with the records of the City Council of the City of Virginia Beach. The following individual appeared and addressed the Authority at such public hearing: C. Grigsby Scifres, an attorney with Williams Mullen, appeared on behalf of the Company. Mr. Scifres gave a brief description of the proposed financing and explained that the proposed issuance of bonds (the "Bonds") would be used to assist the Company in (a) renovation, construction, equipping and expansion of a 120-bed skilled nursing facility, including renovating approximately 12,500 square feet of the existing facility and an approximately 8,800 square foot addition to the existing facility for a new lobby and entranceway, chapel, multi-purpose room, cafeteria, staff lounge, kitchen freezer storage space and related equipment, furniture and fixtures, (b) acquisition of a 1.272 acre parcel of land ("Land") located at the northwest comer of College Park Boulevard and Auburn Drive, Virginia Beach, Virginia, and the construction of a parking lot on the Land, (c) use of working capital to pay existing indebtedness in the approximate amount of $775,000 and (d) costs of issuance of the Bonds (collectively, the "Project"). The Project meets a need in the City of Virginia Beach to provide skilled nursing home facilities in the Jewish and wider community. Michael Hammond, Chief Financial Officer of the Company, also attended thee public hearing and was available to answer any questions raised by members of the Authority. No other persons appeared to addre~s the Authority, and the Chair closed the public hearing. The Authority hereby recommends that the City Council of the City of Virginia Beach, Virginia approve the issuance of up to $4,500,000 of industrial development revenue bonds in support of the proposed financing and hereby transmits the Fiscal Impact Statement to the City Council of the City of Virginia Beach and asks that this recommendation be received at its next regular meeting at which this matter can be properly placed on the Council's agenda for hearing. #337916 vi - Record of Public Hearing-BSHEV 6 ! 4251.0003 EXHIBIT C RESOLUTION OF CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY WHEREAS, Beth Sholom Home of Eastern Virginia, a Virginia non-profit, non- stock and non-member corporation (the "Company"), which is exempt from federal income taxation as a charitable organization pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, has applied to the City of Virginia Beach Development Authority (the "Authority") for assistance in financing the (a) renovation, construction, equipping and expansion of a 120-bed skilled nursing facility, including renovating approximately 12,500 square feet of the existing facility and an approximately 8,800 square foot addition to the existing facility for a new lobby and entranceway, chapel, multi-purpose room, cafeteria, staff lounge, kitchen freezer storage space and related equipment, furniture and fixtures, (b) acquisition of a 1.272 acre parcel of land ("Land") located at the northwest comer of College Park Boulevard and Auburn Drive, Virginia Beach, Virginia' and the construction of a parking lot on the Land, (c) use of working capital to pay existing indebtedness in the approximate amount of $775,000 and (d) costs of issuance of the Bonds (collectively, the "Project"); and WHEREAS, the Company, in its application, discussions and appearance before the Authority has described the benefits of the Project to the City of Virginia Beach, Virginia ("City") and the Authority; and WHEREAS, the Company has requested the Authority to agree to issue its industrial development revenue bonds in the amount now estimated at $4,500,000.00 (the "Bonds") to finance the costs of Project; and WHEREAS, the Authority is empowered to issue and sell bonds, lend the proceeds of such bonds, and acquire, own, lease, and dispose of properties, and is vested with all powers necessary to enable it to accomplish its purposes, which purposes and powers are enumerated in Chapter 643 of the Acts of Assembly of 1964, as amended and supplemented by the Industrial Development and Revenue Bond Act, Title 15.2, Chapter 49 of the Code of Virginia of 1950, as amended (the "Act"); and WHEREAS, a public hearing with respect to the Project and the issuance of the Bonds has been held on March 19, 2002, as required by Section 147(t) of the Internal Revenue Code of 1986, as amended (the "Code"), and by Section 15.2-4906 of the Act. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY THAT: 1. The Authority finds that (i) the acquisition, renovation, development, construction, equipping and operation of the Project will maintain annual employment, stimulate the local economy and increase the tax base, (ii) providing financing for the Project will be in the public interest and will benefit the inhabitants of the City and the Commonwealth of Virginia and (iii) the issuance of the Bonds will be consistent with the purposes of the Act and the powers of the Authority. 2. To assist the Company with respect to the Project, the Authority agrees to undertake the issuance of the Bonds in an amount not to exceed $4,500,000.00 on terms and conditions to be mutually agreed on between the Authority and the Company. The proceeds from the sale of the Bonds will be loaned to the Company pursuant to a loan agreement and related documents which will provide payments to the Authority sufficient to pay the principal of and premium, if any, and interest on the Bonds and to pay all other expenses in connection with the maintenance of the Project. The Bonds will be issued in form and pursuant to terms to be set by the Authority, and the 2 payment of the Bonds shall be secured by, among other collateral, an assignment, for the benefit of the holders of the Bonds, of the Authority's fights to payments under such loan agreement. 3. It having been represented to the Authority that it is necessary to proceed immediately with the development, construction and equipping of the Project, the Authority hereby agrees that the Company may proceed with plans for the Project, enter into contracts for renovation, construction and equipping and take such other steps as it may deem appropriate in connection therewith, provided that nothing herein shall be deemed to authorize the Company to obligate the Authority without its consent in each instance to the payment of any monies or the performance of any acts in connection with the Project. The Authority further agrees that the Company may be reimbursed from the proceeds of the Bonds for all lawful costs so incurred by it prior to the adoption of these resolutions. 4. The Authority hereby agrees to the recommendation of the Company that Williams, Mullen, Clark & Dobbins, P.C., Virginia Beach, Virginia, be appointed as bond counsel and hereby appoints such firm to supervise the proceedings and approve the issuance of the Bonds. 5. The Authority hereby agrees, if requested, to accept the recommendation of the Company with respect to the appointment of a placement agent or underwriter for the sale of the Bonds and a remarketing agent for the remarketing of the Bonds pursuant to terms to be mutually agreed on. 6. All lawful costs and expenses in connection with the financing and the development, construction and equipping of the Project, including the fees and expenses of the Authority, counsel for the Authority, bond counsel, the placement agent or underwriter for the sale of the Bonds and the remarketing agent for the remarketing of the Bonds, shall be paid from the proceeds of the Bonds or by the Company. If for any reason such Bonds are not issued, or such Bonds are issued but it is determined that a part or all of such costs are not lawfully payable out of Bond proceeds, it is understood that all such expenses shall be paid by the Company and that the Authority shall have no responsibility therefore. 7. In adopting this Resolution, the Authority intends to declare "official intent" toward the issuance of the Bonds within the meaning of regulations issued by the Intemal Revenue Service pursuant to Sections 103 and 141-150 of the Code, including Section 1.150-2 of such regulations. 8. The Authority hereby recommends that the City Council for the City approve the issuance of the Bonds and hereby directs the Chair or Vice-Chair to submit to the City Council for the City the statement in the form prescribed by Section 15.2-4907 of the Act, a reasonably detailed summary of the comments expressed, at the public hearing required by Section 15.2-4906 of the Act, and a copy of this Resolution. 9. This Resolution will take effect immediately on its adoption. The undersigned hereby certifies that the above Resolution was duly adopted by the Commissioners of the City of Virginia Beach Development Authority at a meeting duly called at which a quorum was present and acting throughout on March 19, 2002, that such Resolution was duly adopted by the Authority by the following vote: Affirmative: 5 Negative: 0 Abstention: 0 and that such Resolution has not been repealed, revoked, rescinded or amended and is in full force on the date hereof. Date: March ~.c~, 2002 Secretary, City of Virg~ia Beach Development Authority [AFFIX CORPORATE SEAL] #262881 vi - RESOLUTION - Authority EXHIBIT D DISCLOSURE STATEMENT Date: March 4, 2002 Applicant: All Owners (if different from Applicant): T'v~oe of Application: BETH SHOLOM HOME OF EASTERN VIRGINIA None $4,500,000 Industrial Development Revenue Bonds to assist Applicant in financing the (a) renovation, construction, equipping and expansion of a 120-bed skilled nursing facility, including renovating approximately 12,500 square feet of the existing facility and an approximately 8,800 square foot addition to the existing facility for a new lobby and entranceway, chapel, multi-purpose room, cafeteria, staff lounge, kitchen freezer storage space and related equipment, furniture and fixtures, Co) acquisition of a 1.272 acre parcel of land ("Land") located at the northwest comer of College Park Boulevard and Auburn Drive, Virginia Beach, Virginia, and the construction of a parking lot on the Land, (c) use of working capital to pay existing indebtedness in the approximate amount of $775,000 and (d) costs of issuance of the Bonds (collectively, the "Project") 1. The Applicant is a non-profit, non-stock, non-member Virginia corporation which has a determination letter from the Internal Revenue Service granting it charitable organization status under Section 501(c)(3) of the Internal Revenue Code. See attached Exhibit A. for the list of the Board of Directors and officers. 2. The Applicant is the owner of the Project. BETH SHOLOM HOME OF EASTERN VIRGINIA Michael Hammond, Chief Financial Officer #262856 v l - Disclosure Statement BETH SHOLOM HOME OF EASTERN VIRGINIA BOARD OF DIRECTORS & OFFICERS 2001-2002 PRESIDENT Harris tL Sloane 4504 Southleaf Ct. Virginia Beach, VA 23462 (O-P) 687-8191 (Cell) 287-2870 (O)497-2113 (F-W) 497-1338 (H) 467-4833 (F-H) 467-4909 FIRST VICE PRESIDENT Frances Birshtein 6079 River Crescent Norfolk, VA 23505 (H) 451-0440 (Cell) 572-3817 SECOND VICE PRESIDENT Jerry Kantor ~, 1116 Botetourt Gardens Norfolk, VA 23517 (H) 623-1463 (F) 623-5545 (Cell) 291-3886 THIRD VICE PRESIDENT Helen Sonenshine 1366 Little Neck Road Virginia Beach, VA 23452 (I-i) 498-9396 MEMBER AT LARGE Dolores Barrel 7510 Oceanfront Virginia Beach, VA 23451 (H) 428-9036 (F) 428-0019 EXECUTIVE VICE PRESIDENT/CEO Bryan R. Mesh Beth Sholom Home of Eastern Virginia 6401 Auburn Drive Virginia Beach, VA 23464 (O) 420-2512 (F) 424-0657 (H) 490-1289 (Cell) 685-6142 SECRETARY Mariann Ticatch 240 Hill Prince Road Virginia Beach, VA 23462 (O) 490-3883 (F) 490-9239 (H) 497-0167 (Cell) 620-4544 TREASURER Bernie Grablowsky 1348 Sycamore Road Virginia Beach, VA 23452 (O) 499-5633 (F) 497-9133 (O-P) 518-3244 (H) 498-3067 IMMEDIATE PAST PRESIDENT Miriam Seeherman 6029 Newport Avenue Norfolk, VA 23505 (H) 489-4094 (F) 489-0417 (Beach) 428-6433 (F) 491-3331 (Cell) 685-9454 AUXILIARY PRESIDENT Joyce Salzberg 1806 Keswick Drive Norfolk, VA 23518 (H) 853-5915 MEMBER AT LARGE Brenda Klar 2333 Haversham Close Virginia Beach, VA 23454 (H) 481-4396 (F) 412-4108 (O) 496-6030 (Cell) 434-4462 BOARD MEMBERS AT L2MtGE YEAR 2002 TERM EXPIRATION: Dr. Harvey Aftel 741 Shirley Avenue Norfolk, VA 23517 (O) 488-0192 (F) 488-4567 (H) 623-6181 Renee Caplan 4505 Kelly Court Virginia Beach, VA 23462 (O) 491-2300 (F) 497-4682 (H) 499-0838 Dr. Benjamin Dobrin 1408 Cypress Avenue Virginia Beach, VA 23451 (O) 455-3412 (F) 461-5025 (H) 491-9369 Shirley Elder 720 Colonial Avenue Norfolk, VA 23507 (U) 640-1427 Mindy Futterman 301 Brook Avenue Apt 402 Norfolk, VA (H) 622-0666 Ralph Futterman 301 Brook Avenue Apt 402 Norfolk, VA (H) 622-0666 Evan Kalfus PriceWaterhouseCooper One Columbus Center Suite 400 Virginia Beach, VA 23462 (O) 493-7700 (F) 493-7701 (H) 491-5566 Phyllis Lannik 4401 Carlton Court Portsmouth, VA 23703 (H) 483-4548 (F) 483-5869 Gayle Legum 4004 Oceanfront Virginia Beach, VA 23451 (H) 491-4100 Ina Levy 5003 Oceanfront Virginia Beach, .VA 23451 (H) 422-2423 Martha Mednick-Glasser 521 Wilder Drive Virginia Beach, VA 23451 (H) 422-3512 Ronald Spindel 4441 Ironwood Drive Virginia Beach, VA 23462 (O) 340-5600 ext. 313 (F) 631-2162 (H) 490-1314 BOARD MEMBERS AT LARGE YEAR 2003 TERM EXPIRATION: Robert Bemstein, MD 1048 Algonquin Road Norfolk, VA 23505 (O) 466-6100 (F) 466-1597 (H) 489-7530 (BPR) 475-5818 Jeff Chernitzer 555 Main Street Suite 1500 Norfolk, VA 23510 (O) 625-4700 (F) 625-0527 , (FI) 622-6377 Moss Friedman Coronet Group 2615 Elmhurst Lane Portsmouth, VA 23701 (O) 488- 4800 (F) 488-0166 (H) 625-1308 Amy Markman Goldberg P. O. Box 1622 Virginia Beach, VA 23451 (H) 425-8801 Michael Goldmeier 4721 Berrywood Court Virginia Beach, VA 23464 (O) 671-1710 (F) 671-1707 (H) 855-3643 Paula Hertzberg 110 44th Street Virginia Beach, VA 23451 (W) 259-9939 (F) 259-1970 (H) 422-0545 Lawrence R. Siegel Williams Mullen Clark & Dobbins One Columbus Center Suite 900 Virginia Beach, VA 23462 (O) 473-5359 (F) 473-0395 Pamela Snyder 1904 Sandee Crescent Virginia Beach, VA 23454 (I-I) 481-6550 (F) 481-5313 Burle Stmmberg P. O. Box 760 Portsmouth, VA 23705-0760 (O) 397-3471 (F) 393-3736 (H) 397-1823 Paul Terkeltaub 4409 Moosewood Drive Virginia Beach, VA 23462 (O) 340-9777 (F) 463-4661 (I-I) 499-3798 Jack Young Williams Mullen Clark & Dobbins One Columbus Center Suite 900 Virginia Beach, VA 23462 (O) 473-5333 (F) 473-0395 (H) 460-3168 o o BOARD MEMBERS AT LARGE YEAR 2004 TERM EXPIRATION: I. William Berger 6477 College Square #306 Virginia Beach, VA 23464 (O) 420-3950 ext. 309 (F) 424-1435 (I-F) 437-9099 (Cell) 560-7943 Emily Dreyfus 504 58th Street Virginia Beach, VA 23451 (H) 428-2683 H. David Embree 2448 Haversham Close Virginia Beach, VA 23454 (H) 496-2303 (O) 629-0608 The Honorable Jerome Friedman 1102 Botetourt Gardens #B6 Norfolk, VA 23507 (O) 222-7004 (F) 222-7024 (I-I) 627-7111 Bootsie Goldmeier 6053 Newport Crescent Norfolk, VA 23505 (O) 489-1371 (F) 489-4427 (O-P) 321-2402 (I-1) 489-3549 Susan Goldsticker 714 Coquina Lane Norfolk, VA 23451 Phone: Unlisted Glenda Greenhouse 1637 Cougar Avenue Norfolk, VA 23518 (O) 627-7200 (F) 626-0407 (H) 58%3116 William Halprin 7101 Fox's Lair Norfolk, VA 23518 (O) 640-2232 (H) 857-7684 David Kamer 1414 Waylon Avenue Norfolk, VA 23509 (I-I) 858-9969 Ellie Lipkin 1233 Botetourt Gardens Norfolk, VA 23517 (H) 625-3257 Richard Rivin 907 Botetourt Gardens Norfolk, VA 235007 (O) 424-0638 (H) 627-4848 Sarita Sachs 255 College Cross Norfolk, VA 23510 (H) 624-9636 4 HONORARY LIFE MEMBERS OF THE BOARD Jack Bart 1503 Captains Way Jupiter FL 33477 (O) 490-1261 (I-I) 561-575-0659 Charles N. Becker 403 Lakeway Drive Richmond VA 23229 (H) 804-741-2888 Jack Bookbinder 4004 Oceanfront Virginia Beach, VA 23451 (H) 422-9125 Lawrence Brenner 7346 Ruthvan'Road Norfolk, VA 23505 (0) 583-1559 Cantor Isaac Danker 111 S. Ridgeley Road Norfolk, VA 23505 (O) 489-4550 (hr) 440-7882 Lillian Diamonstein 131 Towne Square Drive Newport News, VA 23607 (H) 244-3742 Rose Erlach 7501 River Road #9B Newport News, VA 23607 .(H) 244-2211 Pauline Legum 7320 Glenroie Avenue Norfolk, VA 23505 (H) 423-2883 *Oscar Brandeis Birshstein *Mrs. Helen Gilford Rose Frances Glasser 4004 Oceanfront Virginia Beach, VA 23451 (I-r) 422-0750 Dr. Milton Goldin. 310 Park Road Portsmouth, VA 23707 (I-I) 397-5764 Morton Goldmeier 6053 Newport Crescent Norfolk, VA 23505 (O) 671-9307 (F) 671-1701 (l-r) 489-3549 Mr. Lawrence Goldrich 6467 College Park Square #306 Virginia Beach, VA 23464 (O) 420-3950 (H) 425-5097 Mimi Karesh 8206 Oceanfront Virginia Beach, VA 23451 (I-I) 440-0734 iH 422-1386 CF) 420-4037 Mrs. Fannie Friedman ,850 Jamestown Crescent Norfolk, VA 23508 (H) 489-8781 Mrs. Bernard Levin (Goldie) One Crawford Parkway # 1201 Portsmouth, VA 23704 CH) 397-0446 * Of Blessed Memory HONORARY LIFE MEMBERS OF THE BOARD (continued) The Honorable Norman Olitsky 421 W. Bute Street #502 Norfolk, VA 23510 (H) 622-2444 Dr. Jerome Perlman, MD 301 Brooke Avenue #302 Norfolk, VA 23510 (H) 622-6773 Mr. Louis J. Richman, Jr. 1 Madison Circle Newport News, VA 23606 (O) 245-1516 (F) 245-7606 iH) 599-4200 Mr. Joel Rubin 4510 Holland Office Park, Suite 503 Virginia Beach, VA 23451 (O) 456-5212 (F) 456-5224 (H) 428-1202 (Cell) 287-0361 Ms. Marilyn Simon 7000 Oceanfront Virginia Beach, VA 23451 (H) 428-8514 FEDERATION EXECUTIVE DIRECTOR Mark Goldstein, Executive Vice President United Jewish Federation of Tidewater 5029 Corporate Woods Drive, Suite 225 Virginia Beach, VA 23462-4376 (O) 671-1600 (F) 671-7613 (Cell) 287-4625 REGIONAL VP PENINSULA Martin Krirdck 20n Yeardley's Grand Road Williamsburg, VA 23185 (H) 229-3942 Mr. & Mrs. Arnold Orleans 4990 Sentinel Drive, Apt. 206 Bethesda, MD 20816 Mr. Richard Porter 215 Brooke Avenue #505 Norfolk, VA 23510 622-7400 Mr. Sam Rosenblatt 4004 Oceanl~ont #1101 Virginia Beach, VA 23451 (H) 428-1202 Mr. Frank Sheffer Butler Avenue Suffolk, VA 23434 (O) 465-1344 Mr. Henry Zetlin 215 Brooke Avenue Norfolk, VA 23510 (H) 623-7900 FEDERATION EXECUI'IVE DIRECTOR Anne Lynn Lipton, Executive Director United Jewish Community of Virginia Peninsula 2700 Spring Road 'Newport News, VA 23606 930-1422 (F) 872-9532 CONSULTANT Mr. Albert Katz 401 Lakeway Drive Richmond, VA 23229 804-741-2891 (F) 804-213-3897 6 VIRGINIA BEACH Virginia Beach Development Authority One Columbus Center, Suite 300 Virginia Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 Website www. virginia-beach.va.us/dept/econdev E-mail ecdev@city, virginia-beach.va.us EXHIBIT E CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BONDS (BETH SHOLOM HOME OF EASTERN VIRGINIA PROJECT) SERIES 2002 The Development Authofityrecommends approval of thc above-referenced financing. The benefits of the Project to the City include meeting a community need for a skilled nursing home for the elderly, providing enhancement to the existing skilled nursing home facility, increased parking to the facility, and increased purchases of goods, services and equipment in the City of Virginia Beach. EXHIBIT F FISCAL IMPACT STATEMENT DATE: TO: APPLICANT: TYPE March 19, 2002 CITY COUNCIL OF THE CITY OF VIRGINIA BEACH Beth Sholom Home of Eastern Virginia OF FACILITY: Addition, renovation and equipping of existing nursing home. 1. Maximum amount of financing sought: $4,500,000 Estimated taxable value of the facility's real property to be constructed in the municipality: . $-0- Estimated real property tax per year using present tax rates: Estimated personal property tax per year using present tax rates: $-0- o Estimated memhant's capital (business license) tax per year using present tax rates: $-0- (a) Estimated dollar value per year of goods that will be purchased from Virginia cOmpanies within the locality: $700,000 (b) Estimated dollar value per year of good that will be purchased from non-Virginia companies within'the locality: $100,000 (c) Estimated dollar value per year of services that will be purchased from Virginia companies within the locality: $500,000 (d) Estimated dollar value per year of services that will purchased from non-Virginia complies within the locality: $100,000 7. Estimated number of regular Employees on year round basis: 155 FTE's 8. Average annuaI salary per employee: $ 24,000 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the 'Authority has made no independent investigation with respect thereto. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By: ~- j [ VChair ~~ff EXHIBIT G sUMMARY§HE-ET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: Beth Sholom Home of Eastern Virginia o LOCATION: 6401 Auburn Drive, Virginia Beach, Virginia DESCRIPTION OF PROJECT: Construction of addition to and renovation and equipping of existing 120-bed nursing home; acquisition of 1.2 acres and construction of parking lot. AMOUNT OF BOND ISSUE: $4,500,000 PRINCIPALS: Beth Sholom Home of Eastern Virginia ZONING CLASSIFICATION: a. Present zoning classification of the Property: A-12 b. · Is rezoning proposed.'? e. If so, to what zoning classification? Yes No X NOTE: THIS DOCUMENT MUST BE ON 8 -1/2 X 14 INCH PLAIN BOND PAPER. #335870 vi - Bond Application 614251.0003 EXH/B£r H City of Virginia l::lcach DEPARTMENT OF HOUSING AND NEIGH~ORHOOO PRESERVATION {757) 426-5750 FAX (757) 426-5766 TOD (757) 426.5794 COOE ENFORCEMENT DIVISION {757) 427-4421 March 12, 2002 MUNICIPAL CENTER BUILDING 18A 2424 COURTHOUSE DRIVE VIRGINIA BEACH. VA 23456-90~3 Chairman, Virginia Beach Development Authority One Columbus Center, Suite 300 Virginia Beach, VA 23462 FAX# 499-9894 Gary Fentress, Esq. Office of the City Attorney Municipal Center FAX# 563-1167 Evaluation of Public Benefit Beth Sholom Home of Eastern Virginia Tax Exempt Bond Application 120 beds of Skilled Nursing Care VBDA Agenda March 19, 2002 I have reviewed the information provided regarding the above referenced project. In my opinion a public benefit is achieved by this facility providing affordable skilled nursing care for low and very Iow income elderly. We have been advised by the applicant that this facility serves persons on medicaid, which provides a benefit to the low and very low income in need of skilled nursing care. Please let me know if you need anything further regarding this issue._ Thank you. Sincer..q~, Director APPOINTMENTS ARTS AND HUMANITIES COMMISSION COM2VIUNITY SERVICES BOARD HUMAN RIGHTS COMMISSION J. UNFINISHED BUSINESS NEW BUSINESS ADJOURNMENT