Peninsula Town Center

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Records show a larger (over 1/2 acre) property owned by the authority that appears to correspond to town square. Don't go there OCing and laugh at the rent a cops assertion that it is private propertyyet, more research is needed.

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OK, so the streets are owned by the authority according to the Hampton City records, except I cant find a record for Allainby Way.

There are two lots which appear to correspond to the parks which have no development upon them and which are also owned by the authority.

Sure would like to have some legal beagles check my work before we have an open carry rally at the town center.

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A Community Development Authority is a device a city uses to divorce itself from a project. The city can give permission to issue bonds, in this case 90 million, biggest TIF ever in Virginia, and then promise future taxes to pay off the bonds. From what I can tell, only this tax money and that shoppers fee of 0.5% are being used to pay of that 90 million. The city does this because it thinks it is not responsible to pay off the bonds if this mall folds. The taxes coming of the PTC have a cap on it at 65.5 million. It is al in that terse reading of bullcrap at http://www.hampton.gov/press_release/cda_details.html


some info on TIFS, in case one is coming to your neck of the woods..
http://www.reclaimdemocracy.org/articles/2006/tax_increment_financing.php

http://en.wikipedia.org/wiki/Tax_increment_financing
http://www.vml.org/CONF/09ConfRoanoke/09handouts/28 InfraFinancing.pdf

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The GIS Map confirms that 5151 Kilgore Ave is the Town Center (Park) and that 3131 Allainby Way is Marys Park.

Hampton City Property records show that both properties are owned by the Peninsula Town Center Community Development Authority.

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[align=left]The city web site confirms that the CDA is a political subdivision.:celebrate:celebrate:celebrate:celebrate
Read bullet5 below![/align]
[align=left]Roads, sidewalks, steetscape and parking facilities are also paid for by the CDA, so no worries about parking while open carrying either, read the CDA financed section.:celebrate:celebrate:celebrate:celebrate:celebrate
[/align]
[align=left]Link: http://www.hampton.gov/press_release/cda_details.html[/align]

Community Development Authority
March 3, 2006
Community Development Authority

• Created by ordinance of City Council upon Petition by owner of at least 51% of land within CDA (Hampton Mall Associates)
  
  
• CDA has authority to issue bonds to finance the public infrastructure that is part of the Town Center
  
  
• Repayment of CDA bonds will be made through special ad valorem taxes, a special assessment on the real property in the CDA and a pledge by the City of certain incremental tax revenues as described below
• CDA Board consists of 5 members appointed by the City Council; one of which will be the City Manager or his designee
  
  
• City Manager or his designee will be designated as the "CDA Representative" - responsible for signing requisitions for bond proceeds to finance the infrastructure projects and other approvals required of CDA
  
  
• CDA is a separate political subdivision/City is not responsible for repayment of CDA bonds
  
  
• Approximately 76 acres to be included in CDA

CDA-Financed Infrastructure

• Acquisition of fee and/or leasehold interests or rights-of-way for public improvements (consists of approximately 16 acres)
  
  
• Purchase price for acquisition of interests in land to be paid by CDA will be based on MAI appraisal obtained by the City (but not to exceed $27,600,000)
  
  
• The City will pay the cost of demolition of flyover and costs of related improvements to Coliseum Drive
  
  
• Developer will agree to pay costs of improvements to intersection of Commerce and Mercury Boulevards, including signalization; but to the extent there are bonds proceeds not needed for the other improvements described above the CDA will use such bond proceeds for these improvements
  
  
• Roads, sidewalks, streetscaping, parks
  
  
• Utility improvements
  
  
• Parking facilities
  
  
• CDA-financed infrastructure will be owned by CDA
  
  
• CDA's share of the cost of infrastructure will be limited to $65,502,700
  
  
• To the extent CDA bond proceeds are insufficient to complete infrastructure, developer will covenant to pay costs to complete public improvements contemplated by initial CDA financing
  
  
• Developer will manage and maintain public infrastructure pursuant to management contracts with CDA that qualify under IRS rules for management of property financed with tax-exempt bonds

Security for CDA Bonds; Revenue Sources

• City will not be responsible for repayment of bonds
  
  
• Repayment of bonds will be provided by four revenue sources: Special Assessment (consisting of Retail Portion and Back-up Assessment); Special Ad Valorem Tax; and certain Incremental Tax Revenues
  
  
• Special Assessment will be levied on all taxable property in the CDA in an amount sufficient to pay debt service, administrative expenses and a $50,000 annual contribution to the CDA repair and replacement fund for major repairs (the "Special Assessment")
  
  
• Retail Portion: A portion of the Special Assessment (the "Retail Portion") will be collected based on retail sales equal to 1/2 of 1% per $1 of sales
  
  
• The Special Assessment, including the Retail Portion, will constitute a tax lien on the property assessed
  
  
• The landowners' obligations under the Special Assessment will be offset by the amount collected as a Retail Portion, and by an ad valorem special tax and a pledge of certain incremental tax revenues, as each is described below
  
  
• Back-up Assessment: To the extent the Retail Portion, the special ad valorem real estate tax and the incremental revenues are not sufficient to pay debt service, administrative costs and $50,000 annual reserve contribution, the remaining amount of the Special Assessment (the "Back-up Assessment") will be collected
  
  
• Special Ad Valorem Tax: The City will levy a special ad valorem real estate tax in the amount of $0.25 per $100 value
  
  
• Incremental Tax Revenues: The City will agree to pay, subject to annual appropriation, the incremental tax revenues generated within the CDA district over a fixed amount, which amount will be based on an agreed upon base year
  
  
• Base year for calculating sales tax increment will be calendar year 2004
  
  
• Base year for calculating real estate tax will be fiscal year 2006
  
  
• The following incremental tax revenues will be paid to the CDA subject to appropriation by City Council
  • 100% incremental real estate taxes
    
    
  • 50% incremental sales tax (local 1% only)
    
    
  • 25% incremental meals tax (pledge of 25% of meals tax will not reduce the 2% meals tax pledge supporting the convention center)
    
    
  • 50% incremental amusement tax
  
  
• None of the incremental personal property tax or BPOL tax will be paid to CDA
  
  
• After the CDA bonds are paid in full or defeased, all incremental taxes will belong to the City
  
  
• Under VA law, the City Council is precluded from making any payments to cover CDA debt service except those expressly authorized in the ordinance creating the CDA; such ordinance will limit the City's payments to the tax increment amount described above
  
  
• Retail Portion, Incremental Tax Revenues and Special Ad Valorem Tax will be collected in advance of debt service payment dates in order to allow for calculation and collection of amounts due under Back-up Assessment
  
  
• Method of collection of Retail Portion will be determined by agreement among the City, the Developer and the CDA; City will not be required to pay any costs of collection
  
  
• Developer will be reimbursed for payments of Back-up Assessment in subsequent years from any surplus; surplus is calculated as excess of Retail Portion, CDA share of incremental tax revenues and special ad valorem taxes available in any year over the debt service, administrative expenses and $50,000 contribution due in such year
  
  
• Any reimbursements will be paid only from incremental tax revenues and will be paid by the City, subject to appropriation, to the Industrial Development Authority or other entity authorized to make grants to the Developer
  
  
• Any surplus remaining after reimbursement to developer for Back-up Assessment paid by developer will be paid to the City

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Appears structured much like Waterside in Norfolk and various Housing Authorities.

At first blush they appear private, but in fact are not.

The sticky wicket is that the individual tenants can ban guns, but not so in the common area IMO. IANAL

Yata hey

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I definately read it the same way Grapeshot. IANAL either (thank God!)

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OK I called the Mall Security and told them that the streets, sidewalks, parks and parking areas are public, not private property.

We are now in mall cop melt down! Spoke to Chief Sutherland of Mall Security and he was in disbelief and said if we showed up we would be asked to leave. I told him he had no authority to direct any such action.

Call them yourselves their #: (757) 838-7703

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Thundar wrote:

OK I called the Mall Security and told them that the streets, sidewalks, parks and parking areas are public, not private property.

We are now in mall cop melt down! Spoke to Chief Sutherland of Mall Security and he was in disbelief and said if we showed up we would be asked to leave. I told him he had no authority to direct any such action.

Call them yourselves their #: (757) 838-7703

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I'll bet the phone is ringing somewhere in City Hall too. :lol:

Yata hey

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Thundar wrote:

snip

We are now in mall cop melt down! snip

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That there is just funny:lol:. You must have Masters degree at cage rattling

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Here is the Hampton law that created the authority. Lucky me, the city manager is on the authority board.:celebrate
Link: [url]http://library.municode.com/index.aspx?clientId=14532&stateId=46&stateName=Virginia
ARTICLE XVII. - THE PENINSULA TOWN CENTER COMMUNITY DEVELOPMENT AUTHORITY[/url]
Sec. 2-377. - Created; composition; powers and duties; etc.

Secs. 2-378—2-390. - Reserved.


Sec. 2-377. - Created; composition; powers and duties; etc.


(a)
[Findings.]
[align=left]WHEREAS, the Virginia Water and Waste Authorities Act, Chapter 51, Title 15.2 of the Code of Virginia of 1950, as amended (the "Act"), authorizes the creation of a community development authority on the petition of the landowners of at least fifty-one (51) percent of the land area or assessed value of land of a tract of any size within a city; [/align]
[align=left]WHEREAS, the City Council of the City of Hampton, Virginia (the "city council"), has received a petition (the "petition") from Hampton Mall Associates, a Virginia general partnership (the "landowner"), for the creation of the Peninsula Town Center Community Development Authority (the "CDA"), and the establishment of the boundaries of the Peninsula Town Center Community Development Authority District (the "CDA district"); [/align]
[align=left]WHEREAS, the landowner has represented that it owns at least fifty-one (51) percent of the land included in the proposed CDA district; [/align]
[align=left]WHEREAS, a public hearing has been held on February 8, 2006, by the city council on the adoption of this section and notice has been duly provided as set forth in §§ 15.2-5104 and 15.2-5156 of the Act; [/align]
[align=left]WHEREAS, the city council proposes to create the CDA in order to provide the public improvements described in the petition and to establish the boundaries of the CDA district; [/align]
[align=left]WHEREAS, the creation of the CDA to assist in financing certain improvements in connection with the proposed development within the CDA district will benefit the citizens of the City of Hampton, Virginia (the "city"), by providing additional residential and commercial options in a network of connected public streets and urban park sites for the citizens of the city, as well as public improvements benefiting the citizens of the city, will promote economic development and redevelopment and expansion of the city's tax base and will meet the increased demands placed upon the city as a result of development within the CDA District; and [/align]
[align=left]WHEREAS, the landowner has waived in writing the right to withdraw its signature from the petition in accordance with § 15.2-5156(B) of the Act. [/align]
[align=left]Now, therefore, be it ordained by the City Council of the City of Hampton, Virginia: [/align]

(b)
Creation of authority. The Peninsula Town Center Community Development Authority is hereby created as a public body politic and corporate and political subdivision of the Commonwealth of Virginia in accordance with the applicable provisions of the Act. The CDA shall have the powers set forth in the Act.

(c)
Boundaries of CDA. The CDA district is hereby established and the boundaries shall initially include the property identified in the attached Exhibit A. In accordance with § 15.2-5157 of the Act, a copy of this section shall be recorded in the land records of the Circuit Court of the City of Hampton for each tax map parcel in the CDA district as such CDA district exists at the time of issuance of the CDA's bonds and the CDA district shall be noted on the land records of the city. The city manager, upon the request of the CDA, may modify the boundaries of the CDA district before or after the issuance of the CDA's bonds to permit exchanges of certain property included in the CDA district for property owned by the city and located within the perimeter of the CDA district (but not included in the CDA district on the date hereof), up to three (3) acres.

(d)
Facilities and services. The CDA is created for the purpose of exercising the powers set forth in the Act, including without limitation, financing, funding, planning, establishing, acquiring, constructing or reconstructing, enlarging, extending, equipping, developing, operating, owning and maintaining if necessary, certain improvements in connection with the development of an urban residential and commercial town center as described in the petition and the CDA's articles of Incorporation. The CDA shall have all the powers provided by the Act. The CDA shall not provide services which are provided by, or obligated to be provided by, any authority already in existence pursuant to the Act unless such authority provides the certification required by § 15.2-5155 of the Act.

(e)
Articles of incorporation. Attached as Exhibit B are the proposed articles of incorporation of the CDA. The city manager is authorized and directed to execute and file such articles of incorporation on behalf of the city council with the state corporation commission in substantially the form attached as Exhibit B with such changes, including insubstantial changes to the boundary description of the CDA district described therein, as the city manager may approve. The city manager is authorized to approve such changes or corrections to the articles of incorporation prior to filing with the state corporation commission as do not change the purpose or function of the CDA as set forth in this section and in the petition.

(f)
Capital cost estimates. The city council hereby finds, in accordance with § 15.2-5103(B) of the Act, that it is impracticable to include capital cost estimates.

(g)
Membership of the authority.

(1)
The powers of the CDA shall be exercised by an authority board consisting of five (5) members.

(2)
All members of the CDA board shall be appointed by the city council in accordance with the provisions of § 15.2-5113.

(3)
One (1) member of the CDA board shall be the city manager or his designee, and such designee shall be designated in writing by the city manager and shall serve the same fixed term as the city manager.

(4)
One (1) member of the CDA board shall be the landowner's designee, and such designee shall be designated in writing by the landowner.

(5)
Three (3) members of the CDA board shall be recommended by the landowner for appointment by city council.

(6)
In addition to the five (5) CDA board members described above, the city council shall also appoint one (1) alternate board member in a manner consistent with the Act.

(7)
The initial members of the CDA board shall be as set forth in the articles of incorporation for the terms set forth therein.

(8)
A vacancy on the CDA board caused by death, resignation, disqualification, or incapacity shall be filled by the city council, except the city manager shall appoint a replacement for any vacancy of the city manager's designee, and such persons so appointed shall serve for the unexpired portion of the term so vacated, and except further that the landowner shall appoint a replacement for any vacancy of the landowner's designee, and such persons so appointed shall serve for the unexpired portion of the term so vacated.

(9)
Each CDA board member, other than the city manager or his designee, shall receive such compensation for his or her services as a CDA board member as may be authorized from time to time by resolution of the CDA board, provided that no member shall receive compensation in excess of three hundred dollars ($300.00) per meeting attended unless authorized by resolution of the city council.

(h)
Plan of finance; issuance of bonds.

(1)
The improvements, services and operations to be undertaken by the CDA as described herein and in the petition shall be funded from all or some of the following sources: (i) bonds to be issued by the CDA; (ii) a special ad valorem real estate tax to be levied pursuant to Virginia Code § 15.2-5158(A)(3); (iii) special assessments to be levied pursuant to Virginia Code § 15.2-5158(A)(5); (iv) certain amounts to be paid by the city to the CDA from incremental tax revenues generated within an area to be designated by the city, which amounts and sources will be determined pursuant to an agreement between the city and the CDA and may include certain incremental increases in the city's real property, sales, meals and amusement taxes; and (v) any other source of funding available to the CDA including rates, fees and charges levied by the CDA for the services and facilities provided or funded by the CDA.

(2)
Bonds to be issued by the CDA (the "bonds"), in one (1) or more series from time to time, will be used to pay all or a portion of the costs of certain public improvements as generally described herein and in the petition, the costs of issuing the bonds and any required reserves, and interest on the bonds prior to and during acquisition and construction of such public improvements and for a period up to two (2) years after completion of such public improvements.

(3)
Any bonds issued by the CDA or any other financing arrangements entered into by the CDA will be debt of the CDA, will not be a debt or other obligation of the city and will not constitute a pledge of the faith and credit of the city.

(4)
In accordance with the policy adopted by city council on August 10, 2005, any financial obligation of the CDA shall be subject to approval by the city and to the terms contained in a memorandum of understanding between the CDA and the city regarding such obligation.

(i)
Effective date. This section shall take effect immediately.
[align=left](Ord. No. 1419, 2-22-06)[/align]

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Gun owners claim Peninsula Town Center is illegally banning firearmshttp://news.oldva.org/?p=19586#more-19586

That’s the Virginia Statute that seems to be in question. I spoke to Chief Sutherland. The Chief told me that it was private property but he would prefer I speak to the General Manager. Raymond Tripp. Mr. Tripp did acknowledge that it was owned by an Authority but they had the right under Virginia Law to establish Community Standards. He explained that Vincent J. Mastracco Jr. Esquire was the attorney for the board. Mr Tripp took a message for Mr. Mastracco to call me. He has not as of this time. Next, I called the City Attorneys office. The Lawyer that would handle this Authority is working from home. An email was sent asking her to call. I have not received a call from her either. This is how it stands for right now. A layman’s view of the law appears that the Authority is in violation and we have no further input from the City. As this unfolds, I’ll update the story.

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Thanks for posting this in Old VA News Peter. More exposure will certainly put pressure on those that try to claim authority that they do not have.

Who is the Hampton city attorney that handles the Peninsula Town Center Community Development Authority issues?

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This issue screams out for an Attorney General Opinion.

Who has a good and loyal house of delegates representative that can formally ask Cuccinelli for an opinion about an authorities ability to trump preemption (using "community standards" or any other excuse)

I'd do it myself, but my representative Mame BaCote is a vile anti gunner. She won't even answer my polite e-mails about her library gun ban bill because she doesn't want to "waste her time on the gun culture".

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PM Thundar!

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I spoke with Mr. Tripp, the General Manager of the Town Center. He seems to be working on the issue with some diligance.

He apologized that their attorney is on vacation this week, but would be in contact with the attorney on Monday to verify what I, and others, have been telling him.

I explained what open carry was to him. He seemed very interested and asked several questions. He indicated his desire to follow the law, but asked that we be patient so that he could discuss the community standards issue with the Authority lawyer.

My feeling is that if we give him the breathing room and time that he needs to talk to his attorney that they will simply remove the weapons part of their code. If we push hard now they may prohibit firearms on all private property. The difference being if they remove it from their code, then each store will be able to formulate their own policy which means lots of stores will let OCers in and we can avoid those that choose to put up gun buster signs.

My advice: Be patient and avoid OC at the Peninsula Town Center this weekend. We will have what we are entitled to, and maybe more if we are friendly and non -confrontational.

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Being good citizens is something we understand and are known for promoting.

Anybody that is willing to talk and listen - it is a two way street - then look at all aspects is deserving of the opportunity to make an informed evaluation.

I concur in Thundar's recommendation. Give a bit of breathing room to those involved and be patient. We ask them to trust us - let's give them the same courtesy and see how things develop next week.

Meanwhile, I can only ask that nobody push back and that you stand down for now. Shop somewhere else if you must.

Yata hey

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Thundar wrote:

I spoke with Mr. Tripp, the General Manager of the Town Center. He seems to be working on the issue with some diligance.

He apologized that their attorney is on vacation this week, but would be in contact with the attorney on Monday to verify what I, and others, have been telling him.

I explained what open carry was to him. He seemed very interested and asked several questions. He indicated his desire to follow the law, but asked that we be patient so that he could discuss the community standards issue with the Authority lawyer.

My feeling is that if we give him the breathing room and time that he needs to talk to his attorney that they will simply remove the weapons part of their code. If we push hard now they may prohibit firearms on all private property. The difference being if they remove it from their code, then each store will be able to formulate their own policy which means lots of stores will let OCers in and we can avoid those that choose to put up gun buster signs.

My advice: Be patient and avoid OC at the Peninsula Town Center this weekend. We will have what we are entitled to, and maybe more if we are friendly and non -confrontational.

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I have called Mr. Tripp and the Authority Attorney, Mr. Mastracco, but both were in meetings, so this afternoon I have sent an e-mail to Hampton Police.

I did not include all of the contact info but here is the message sent to them on their "contact us" website:

The Peninsula Town Center Mall has tried to ban firearms from public property. The improved roadways, sidewalks and parks at Peninsula Town Center are not private property, they belong to the Peninsula Town Center Community Development Authority, which is a public entity. In accordance with Code of Virginia Section 15.2-915 the authority cannot regulate firearms, and thus the open or concealed carry of firearms is legal in these locations. The public ownership of the roads, sidewalks and parks can be confirmed with the City of Hampton GIS information online. The public nature and legality of carrying firearms can also be confirmed with Mr. Vincent J. Mastracco, the Attorney of record for the Authority at (757) 624-3213. The City manager is a member of the Authority board and should provide further guidance.



This information is provided to the Hampton City Police to ensure that the City Police Department does not wrongfully detain or arrest citizens engaged in lawful activity at the Peninsula Town Center.

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That is really cool, advising them of the legality before they violate a fellow citizen!