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HomeMy WebLinkAbout1975-10-2910-22-75 (Night) No. 11. Earlysville Heights Roads. report would be made at a later date. Mr. Wheeler reported the review was not complete, and the No. 12. Appointment to Library Board: Mr. Wheeler requested deferral until next meeting. At 9:30 P.M. a recess was called; meeting reconvened at 9:35 P.M. Mr. Robert Busby brought to the Board's attention a bonding problem which occurred when the Soil Erosion Control Ordinance went into effect. He said the initial bond requested on a 15 lot subdivision was $16,000, which if put up as a cash bond could have been reduced to $12,000. After voicing complaints, it was reduced to $8,000. He then said he had spoken to Mr. Clark during recess and that Mr. Clarke would handle t~he matter further. ' Mr. Clarke said the reason the bond was reduced was the Committee recommended $16,000; when the developer complained, they discovered an error in computing the amount of the bond, and reduced it to $8,000. No. 13. Lottery Permit, Earlysville Volunteer Fire Company, Inc. Mr. Bailey reported the application was made on October 2, 1975 for raffle and lottery for the calendar year 1975. Motion was offered by Mr. Carwile, seconded by Mr. Fisher for approval, based on the Board's adopted policy. Role was called and motion carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Wheeler and Wood. NAYS: None. ABSENT: Mr. Thacker. Mr. Wheeler requested the meeting be adjourned to 4:00 P.M. on Wednesday, October 29, 1975 in the Board Room to discuss: a report by the County Executive on the Space Needs Committee regarding progress on the lease for the Wilhoit Building; report from the Committee regarding the Service Authority debt to the County; Revenue Sharing for 1976; Library Board appointment; Earlysville Road report; and funding for Solid Waste Committee. Motion was offered by Mr. Carwile, seconded by Mr. Fisher to adjourn to Wednesday October 29, 1975, at 4:00 P.M. Role was called and motion carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Wheeler and Wood. None. Meeting adjourned at 9:45 P.M. 10-29-75 An adjourned meeting of the Board of Supervisors of Albemarle County, Virginia, was held on October 29, 1975, at 4:00 P.M. in the Board Room of the County Office Building, Charlottesville, Virginia, said meeting being adjournad from October 22, 1975. PRESENT: Stuart ~F. Carwile, Gerald E. Fisher, J. T. Henley, Jr., William C. Thacker, Jr., Gordon L. Wheeler, and Lloyd F. Wood, Jr. ABSENT: None. OFFICERS PRESENT: County Executive, J. Harvey Bailey, County Attorney, George R. St. John, and Deputy County Attorney, Fred Payne. The meeting was called to order at 4:10 P.M. No. 1. Approval of minutes. Motion was offered by Mr. Fisher, seconded by Mr. Henley.to approve the minutes of July 17, 1975. ~he motion carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. No. 3. Resolution--McIntire School Building. Mr. Wheeler said he had received a copy of a letter from Clarence S. McClure in which Mr. McClure asked that the Board of Supervisors give the SchoolrBoard permission to proceed with plans for the use of this building. Mr. Carwile said that this is the recommendation of the Space Committee and offered motion to adopt the following resolution: WHEREAS, the Board of Supervisors of Albemarle County, has for some time considered the use of McIntire School as a County Office Building but now finds that is non feasible; NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors does hereby publicly state that McIntire School will not be used as a County Office Building and that the Albemarle County School Board may proceed with plans for the addition of McIntire to the public school system of Albemarle County. The motion 10-29-.75 the next two years. The estimated cost for putting the school back into the system is about $300,000.00 as compared to one million plus for the construction of a new school. The motion carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. NOT DOCKETE-D. Mr. Wheeler said at the time the Board requested the City to rezone the McIntire property, he, representing the Board, had stated that if the building were not used as a county office building the Board would request the City to rezone the property to its original zoning. He felt this was the proper time to ask for a rezoning i~?.keeping with the commitment of the Board. Mr. Wood said he felt it was understood that the property would automatically revert to its original zoning. Mr. Wheeler asked that in good faith the Board adopt a resolution. Mr. Thacker then offered motion to advise City Council that the County intends to continue the use of McIntire as a school building and if it is the desire of City Council to rezone the property to its original zoning, at no cost to the County, the Board of Supervisors is agreeable. Mr. Thacker said he was not willing to pay any advertising costs. Mr. Wheeler said he would rather support a motion just requesting that the property be rezoned and let the City Council handle the matt.er. Motion was then offered by Mr. Fisher to adopt the following resolution: WHEREAS, the Board of Supervisors of Albemarle County, Virginia, on October 29, 1975, did adopt a resolution returning McIntire School to the Albemarle County School Board four school purposes; NOW, THEREFORE, BE IT RESOLVED that the Board does hereby advise the City Council of the City of Charlottesville of this action and also advises that if it is the desire of City Council to rezone the McIntire Property to its original zoning classification, the Board of Supervisors agrees to such action. The motion was seconded by Mr. Wood and carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. Mr. Wheeler said so far he has received only one petition but he feels there will be many more in the future regarding the naming of-the new Western Albemarle High School. He said the Board will have to answer those petitions and they sho~uld decide at this time how to handle the matter. Mr. -'~ Carwile suggested that the Chairman and Mm. Henley be appointed as a committee to work with the School Board. Mr. Fisher said his telephone has been ringing constantly. Quite a few people are unhappy with the name which has been chosen. Motion was then offered by Mr. Wood to appoint a committee composed of Mr. Wheeler and Mr. Henley to Work with the School Board's con~itteei~n~he naming of this School. The motion was seconded by Mr. Fisher. Mr. Henley said he hoped the committee selected to name the school will not feel this is a slap in the face. They have worked very hard to find a satisfactory name, however, there are a number of people~.in~the Crozet area who are dissatisfied and there should be some way to arrive at a name that will be satisfactory to the majority of the citizens. Roll was called at this time and the motion carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. No. 4. Report and Resolution, Revenue Sharing. Mr. Wheeler said he had received a communication from the National Association of Counties in which they state that prospects look bleak for renewal of general revenue sharing by Congress this year. They have asked that representatives from all over the country meet in Washington on November 18 and in the meantime the local governing bodies adopt a resolution making statements as to how the revenue sharing money has been used in their locality. He said Mr. Jones had drafted a proposed resolution. Mr. Carwile then read the resolution into the record. WHEREAS, localities depend on revenue sharing dollars to supplement local funds with minimal red tape and federal restrictions; and WHEREAS, local governments in many states prepare their budgets on a fiscal year basis which begins July 1, and all localities must make long-term budget commitments to efficiently meet citizen needs; and WHEREAS, responsive local government allows ample time for citizen participation in budget planning and preparation to assure that these locally determinedLneeds are met, making it vital to know about revenue sharing funds well in advance of the budget adoption date which is normally in April; and WHEREAS, Albemarle County, Virginia, with a population of approximately 45,000, has received since 1972 $1,923.172 in revenue sharing funds which have been used to: 1) provide a sanitary landfill 2) purchase and remodel a juvenile court facility 3) establish a building inspections department 4) establish a purchasing department 5) make additions and improvements to two parks, Mint Springs and Chris Greene 6) purchase maintenance equipment for the sanitary landfills 7) provide an additional deputy for the sheriff's department 8) fund a third recreational facility at Totier Creek Lake 9) provide minor renovations of office, facilities 10) make an interim appropriation to the library 11) pave a road into Beaver Creek reservoir 12) purchase an additional fire engine 13) fund minor renovations to the Circuit Court Clerk's office 10-29-75 14) 15) 16) 17) 18) 19) add additional fire hydrants fund low-income housing coordinating program fund the local share of the bicentennial center purchase a site for future library provide physical education facilities at community college keep an already high county property tax from being raised. proposed,-.the loss of these funds would foree Albemarle County to curtail plans 1) 2) 3) 4) an access road to an existing landfill an additional fire station in the urban area renovations of facilities purchase for juvenile court facility a low-income housing program for: AND, would be forced to: 1) 2) abandon plans to solve present space problems within the county government office building, OR raise property taxes to provide for these projects. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Albemarle County, Virginia, hereby respectfully requests and urges that the General Revenue Sharing Program be reenacted by the first session of the 94th Congress to allow Albemarle County, as well as other localities, sufficient time to make the best possible plans for the use of these'funds/in their normal budget process. BE IT FURTHER RESOLVED that a copy of this resolution be forwarded immediately to the Honorable Harry F. Byrd, Jr., and the Honorable William L. Scott and the Honorable J. Kenneth Robinson. Mr. Wood offered motion to adopt the resolution as read. and carried by the following recorded vote: Motion was seconded by Mr. Thacker AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. Mr. Thacker said he would assume that someone from the Board of Supervisors will be attending this Rally. He has heard a~.lot of complaintS about the use of travel funds and he feels this is a good illustration of the way in which they are used. No. 5. Volunteer Firemen Workmen's Compensation. over until November 20. Mr. Wheeler asked that the matter be carried No. 6. Report--Earlysville Heights Road. Mr. Wheeler said he had received the following letter from Mrs. Charles Perry of the Department of Highways and Transportation. "October 22, 1975 Albemarle County Board of Supervisors County Office Building Charlottesville, Virginia 22901 Earlysville Heights Attention: Mr. Gordon L. Wheeler Dear Mr. Wheeler: In reference to the above stated subdivision, this is to advise that I made a field review of this subdivision with Mr. A. P. Williams on ThurSd~ay, October 16th, 1975. We reviewed Ridgemont Road from the inter- section of Viewmont~.~ Road to the cul-de-sac, and Stonefield Circle from the intersection of Viewmont Road to the cul-de-sac, and there were several places in which the pavement needs to be pa~ched along with one (1) drainage easement which needs to be reg~aded'. Both these items are minor in nature. The cul-de-sac at the end of Ridgemont Road will have to be resurveyed in order to insure that it is located within the area prescribed on the original plat. Mr. Williams's land surveyor is going to certify to our office with a copy to the County of Albemarle that this cul-de-sac is located within the temporary easement as recorded on the plat. In additi6n to the above, the road plans for these two (2) roads will have to be revised in accordance with the as-built sections. If you have any questions, please advise. Very truly Fours, R. G. Warner Resident Engineer (Signed) BY: C. B. Perry Asst. Resident Engineer" Mr. Dan Barney was present and said there-is a problem in the fact that Ridgemont Road is within the easement as put to record but the surface of the road is still not in the proper location. The road extends forty-seven feet to his property line and only thirty-three feet to the opposite property line. The plan was approved by the County. He felt the road should be equi-distance between the two properties. Mr. Barney asked what would happen to his front yard if the road is moved. 10-29-75 Mr. St'~'.-John said he would have to investigate the matter. until November 20. This item was ordered carried over No. 7. Appointment--Library Board. Mr, Thacker offered the name of Mrs. Ruth Brown of Esmont for a term as a member of the Jefferson-Madison Regional Library Board, said term to expire on June 30, 197~. The motion was seconded by Mr. Carwile and carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. Mr. Robert Humphris, representing the Albemarle County Taxpayers Association, was present to make a report. He said that earlier in the month this association had sent out a questionnaire to their membership asking two different questions: 1) Are you for or against a proposal that the Board of Supervisors authorize an investigation into the 1975 property appraisals? The investigation would include what instructions were given to appraisers, what methods are used, the spread of appraisals, the sale price ratios, the method of correcting inequities that presently exist, and a readily understood format for explaining the overall appraisal system to the public. He said to this date they had received 332 replies. Ninety-four percent (94%) were for such an investigation, 3% against, and 3% had no opinion. Question number two was on the staggered term method of electing Board of Supervisors members. Mr. Humphris said the Board elected to do this in May of 1974. It was possible that this could have been presented to the public on a referendum. Their association was asked if the matter should have been included on a referendum. Seventy-eight percent (78%) were for, 15% against, 7% no opinion. He said they feel this is an important decision which was taken away from the public. Mr. Wheeler said that this could be presented to the new Board again after January 1. Mr. Humphris said they will be bringing the request back to the Board. Mr. Wheeler said the remedy for the inequality of appraisals is left to the Equalization Board. Everyone in the real estate business recognizes that the more frequent the appraisal of the property, the easier it is to keep appraisals in line. The County now has a two year appraisal program. As time goes by, appraisals will be more in line. Mr. Wheeler~-said that four or five years ago; he did not feel the County had good appraisals. He persuaded the Board at that time to hire a consultant who was the recognized leader of assessments and appraisals on the east coast. After the appraisals were completed, it was found that the appraisals made by the County staff were very good. Mr. Wheeler said he constantly checks appraisals and the County's appraisals compare favorably with any other appraisals in the state of Virginia. Mr. Humphris said the county's own figures show that 15% of the properties are appraised at 10% or more over the fair market value. This affects some 2,300 landowners. These people pay higher taxes. He said the public does not understand appraisals and they need an.~education program to know why there is this widespread inequity. Mr. Carwile asked Mr. Humphris suggestion for correcting this situation. Mr. Humphris said he had no answer. However, when 94% of the people are upset, something should be done. Mr. Carwile suggested they could go to the Board o'f Equalization. Mr. Humphris said they are relu~an~.t to do this because they have been told their appraisal is just as likely to be raised as lowered. There is also a lot of red tape involved. Mr. Wheeler said he has had lots of calls from people asking how to get their appraisals lowered. Recently, he had a call from a gentleman who owned a house near Route 64 who felt that his appraisal should be lowered because his house is close to the highway. Mr. Wheeler had asked him how much his house was worth and he had replied $45,000.00. Mr. Wheeler said he knew this was incorrect because in his file he had an advertisement for the sale of this gentleman's house at $60,000.00. When he questioned the man about this, he said the appraisal should be lowered because he had to look at the highway. Mr. Wheeler said this is not the law. He knows that this man turned down $50,000.00~ for his house last week and he felt this one man would have been one person who would have said "yes" to the Albemarle County Taxpayers Survey and that is a lot of bunk. Mr. Ray Jones said that the state is now going to do a much more detailed sales ratio by classes. They will also have an index of inequality-something similar to a coefficient of dispersion-and a median ratio which will be more meaningful than what has been received in the past. He understands that the County is on the right cycle since appraisals are made in one year and effective the next. The sales~ratio will be done on a two-year basis by the State Department of Taxation. Mr. Bailey said the question was not that 94% of the people are dissatisfied. They are not dissatisfied about their own personal appraisal but think that whate~er percentage is off is too high. They are dissatisfied on behalf of those people they feel are being discriminated against. Mr. Humphris said that is correct. Mr. Thacker said the Albemarle County Taxpayers Association has said they ~have between 700 and 800 members. The 332 who responded constitutes only about 50% of the membership. He did not think this is a repressntative sample. Mr. Humphris said he had come today to speak about the matter of staggered terms. Mr. Thacker said in the election of 1974, there was a 67% turnover, statewide, in local officials. The General Assembly was concerned and he felt this is the reason they gave the authority to localities to go to staggered terms by either referendum or resolution. He said this Board was concerned about continuity and this is the reason they had taken this action. Mr. Wheeler said he had received a phase one report from the Resource Recovery Study Commission and a report on funds. The Chairman ~of this Commission will be making a report and a request to the Board in the near future. Mr. Thacker said several appointees are needed for the Student Drug Ad-Hoc Survey Committee. It has been recommended that~the education field be represented. The school administration has recommended three persons namely Ben F. Hurt, Charles S. Armstrong, and William H. Raines. He then offered motion to appoint these people~to..the committee. The motion was seconded by Mr. Fisher and carried by the following recorded vote: 10-.29-75 Mr. Wheels~ said the Board has a request to make an appointment to the Route 20 Constitution Highway Committee. He asked that this matter be put on the agenda for November 20. Mr. Bailey said the Board had received a letter from the Commission of Outdoor Recreation suggesting consideration be given to the question of Virginia Byways. They have said they feel Route 20 from Charlottesville to Scottsville and Route 6 from Scottsville to the Nelson County line can be added at this time as it appears that Albemarle County land use controls are sufficient. This matter will also be included on November 20. Mr. Wheeler said he had also received a communication from the Albemarle County Farm Bureau in reference to the zoning ordinance and asked that this be sent on to the Planning Commission. Mr. Thacker said that Totier Creek Lake is now drained. Apparently, there is a problem with the lake bottom from the boat landing around to the intake structure. When the lake was constructed it was about three feet deep, the lake bottom now presents a problem from the stand- point of usage and algae growth in that area and it could possibly affect water quality at some point in the future. He had been out to view the prob~em with the County Engineer and they have ~'~!.~ estimated that about 15,000 cubic yards of earth would have to be moved in order to eliminate the problem. He said if the Board feels it is a problem they could order that the lake~not be filled until after the meeting of November 12 and by that time there should be enough information on which to make an intelligent decision. Mr. Wheeler suggested that the lake not be filled until after the board meeting of November 12 and a report be made at that time. Mr. Bailey said the word he had received was that boaters were having difficulty navigating that section of the lake. At 5:10 P.M., Mr. Wheeler requested an executive session to discuss the lease on the Wilhoit Building. This motion was offered by Mr. Carwile, seconded by Mr. Wood, and Carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler, and Wood. None. (Mr. Wheeler left the meeting at this time.) The Board reconvened at 5:35 P.M. with Mr. Thacker chairing. No. 2. Lease--Wilhoit Building. Mr. Fred Payne, Deputy County Attorney, said there have been substantial negotiations over the term of this lease. Because of pecu~i~ies~ of State Law, the rental payments have been phrased as rent escrow, Over the terms of the five- year lease agreement, the rental will be a maximum of $1,700.00 a month. The escrow will only be involved if in some eventually the lease is terminated before the end of the five-year period. Mr. Carwile said the Space Committee and the Board are familiar with the~terms of the lease. Basically, it is a five year lease with options to renew at the same rental for two additional five year periods and a maximum rental to be determined by the cost of renovations with the maximum set at $1,700.00 per month average rent over the term of the lease. Mr. Carwile then offered motion to authorize Mr. Wheeler to execute and deliver the lease upon receipt of certain other documentations from other parties such as a nondisturbance agreement from Virginia National Bank and finalization of the amount of interest that will be paid on escrow. He suggested that this be the average the county is paid on its funds invested with local banks on ~inety-day periods, adjusted quarterly. The motion was seconded by Mr. Wood. Mr. Thacker said he is willing to support the motion because he feels the terms of the lease are advantageous to the County and because of the County's pressing need for space. Roll was called at this time and"~the motion carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, and Wood. NAYS: None. ABSENT: Mr. Wheeler. THIS AGREEMENT made and entered into this 5th day of November, 1975, by and between BCM PARTNERSHIP, hereinafter referred to as Lessor, and the COUNTY OF ALBEMARLE, VIRGINIA, hereinafter referred to as Lessee, 'WI T NE S S E T H : For and in consideration of the premises as hereinafter set forth and mutually agreed upon, Lessor doth hereby lease and ~.emiseiunto Lessee for a term of five (5) years the following premises: The space located in%h~t building known as the "old Wilhoit Building", lying at the Southwest corner of the intersection of Fifth Street, North~'ast, and East Market Street, in the City of Charlottesville, Virginia, consisting of a portion of the first and second~floors of Parcel B, as shown on a plat by William S. Roudabush, Inc., CLL~S., dated December 18, 1974, recorded in the Office of the Clerk of the Circuit Court of the City of Charlottesville, Virginia, in Deed Book 361, page 515. In consideration whereof, the parties hereby further covenant and agree as follows: 1. Lessor shall, at its own expense, cause to be performed certain work on the premises herein demised, consisting of certain renovations, repairs, and construction as set forth in Exhibit A hereof, which is attached hereto and incorporated herein by reference; provided that the work detailed in Exhibit A may be modified by mutual agreement of the parties. All wOrk shall be in,accordance with plans and specifications prepared by Lessor's architect, sub~ect to 10-29-75 the review and prior approval of Lessee or its agent and shall be performed in a good and - workmanlike manner and in accordance with all applicable laws and regulations of the United States, the Commonwealth of Virginia and the City of Charlottesville. To that end, Lessor covenants and represents that it has a general contractor ~eady, willing and able to perform the said work. Lessee and/or its agent shall have the right to examine any and all plans, specifications, contracts and other documents relating to the said work and the performance thereof, and shall have further right to confer with and consult the Lessor's architect and contractor in order to minimize the costs of the said work. Lessor hereby assigns unto Lessee all its rights arising under or out of any warranty of workmanship or performance, express or implied, hiterto or hereafter accruing, relating to the performance of any renovation, repair, construction or other work on the demised premises. 2. Lessor covenants and agrees to use all reasonable means and tof~make all reasonable efforts to insure the completion of the said work within ninety (90) days from the~date hereof, it being the intent of the parties that the premises be reasonably suitable for occupancy on or before that time. 3. In consideration hereof, Lessee covenants and agrees-to pay to Lessor, at regular monthly intervals, a rental as follows: (a) Beginning on a commencement date hereof and continuing for a total of twelve (12) months, Lessee shall pay to Lessor a monthly rental equal to the sum of THREE THOUSAND TWO HUNDRED SIXTY SIX DOLLARS ($3,266.00) plus .92% of the cost of the work carried out by Lessor pursuant to the first numbered paragraph hereof; provided, however, that in no event shall the total payment in any such month exceed the sum of $4,186.00. Lessor shall place $2,416.00 of each such monthly payment in an interest bearing escrow account, to be held on terms as hereinafter set forth. (b) In each of the next succeeding thirty-one (31) monthly periods, beginning at a date thirteen (13) months from the commencement date hereof, Lessee shall pay to Lessor a monthly rental equal to the sum of EIGHT HUNDRED FIFTY DOLLARS ($850.00) plus .92% of the cost of the work carried out by Lessor pursuant to the first numbered paragraph hereof; provided, however, that in no event shall the total payment in any one such month exceed the sum of $1,770.00. The amount of each such monthly rental payment payable by Lessee shall be reduced to the extent of the interest accrued on the hereinabove described escrow fund for the period to which such rental payment shall relate, plus one thirty-first (1/31) of the interest accrued during the first twelve (12) months of the term hereof; which interest shall thereafter be credited to Lessor's account in pro tanto satisfaction of Lessee's rental obligation as aforesaid. (c) During the final seventeen (17) months of the termhereof, a sum equal to $850.00 plus .92% of the cost of the work carried out by Lessor pursuant to the first numbered paragraph hereof, such sum in no event to exceed $1,770.00, shall be payable to Lessor. Each such monthly payment shall be paid out of the principal and accrued interest of the hereinabove described escrow fund, to the extent that the same shall be adequate therefor, with any deficiency to be paid by Lessee to Lessor. (d) In the event that this lease terminate for any reason, other than by exercise of Lessee's right to terminate pursuant to numbered paragraph 8 hereof, prior to the end of its term, the monies held in escrow as aforesaid~shall be credited to the account of Lessor as rental payments attributable to the first year of the term hereof. If Lessee shall elect to terminate this lease pursuant to numbered paragraph 8 hereof, the aforesaid escrow fun~d shall revert to Lessee. 4. Lessee covenants that it will be responsible for all water and utility bills, including heating and air conditioning expenses, gas bills, and electric bills, and shall be responsible for supplying janitorial services to the extent that the same shall be attributable to the demised premises. Lessee shall further be responsible for inter~or maintenance of the p~emises demised, except structural repairs, for the term of this lease or any extension hereof. 5. Subject to the foregoing, Lessor covenants to maintain the structure of the premises in a good and tenable condition for the term of this lease or any extension hereof. 6. Lessor covenants that Lessee shall have peaceful possession and quiet enjoyment of the demised premises during the term of this lease and any extension hereof. To that end, Lessee or its agents shall have the right to enter at all reasonable times upon such portion or portions of the property of Lessor adjacent to the demised premises for purposes of effectuating the provisions hereof. 7. Lessor covenants and agrees to pay all taxes and assessments relating to the demised property when due. In consideration whereof, Lessee covenants and agrees to reimburse Lessor for the payment of such taxes, to the extent that the same are attributable to the premises herein demised. 8. In the event of any fire or other casualty which has the effect of making the premises untenable, Lessee shall have the right to terminate this lease. In the event that Lessee shall elect not to exercise its right to terminate as aforesaid, Lessor shall make all reasonable efforts to put the premises in a good and tenable condition within a reasonable time, during which time Lessee's obligation to pay rent shall be tolled. 9. Lessor shall have the right to maintain its own fire and extended insurance coverage on the premises demised and such insurance shall not accr. u~e to the benefit of Lessee. Lessee shall have the right to maintain its own fire and extended insurance coverage on any such personal property as it may at any time during the term of this lease or any extension hereof cause to be brought onto the demised premises as well as any improvements to the demised premises which shall.~emain~the prop~r~y of Lessee. Lessee covenants and agrees to reimburse Lessor for the payment of all insurance premiums paid by Lessor relating to the demised premises. Lessee shall have the right of prior review and approval of Lessor's choice of insurance coverage, which approval shall not be unreasonably withheld. ~ 10. The commencement date of this lease shall be January 1, 1976, or the date upon which the work specified in the first numbered paragraph hereof shall be completed to the satisfaction of the Lessee, whichever shall later occur. Prior to the commencement date hereof, Lessee shall have the right to enter upon the demised premises at all reasonable times fb~'the purpose of installing such furniture, furnishings, fixtures, improvements and equipment which Lessee may deem necessary for its use of the demised premises. 10-29-75 11. Prior to the commencement date hereof, Lessee, or its agent, shall have the right to enter upon the demised premises for purposes of inspecting the same to ensure the soundness and tenability thereof. Lessor covenants and agrees to make all such reasonable repairs to the demised premises as shall be deemed necessary by Lessee or its agent. Lessor covenants and agrees to deliver the premises in a fit and tenable condition to the satisfaction of Lessee or its agent, such approval ~ot to be unreasonably withheld. 12. At the end of five (5) years from the commencement date of this lease, Lessee shall have the option to extend this lease for separate and successive periods of five (5) years each by giving written notice of each such renewal at least three (3) months prior to the expiration of the then current lease term, upon the same terms and conditions as herein set forth, rental payments to be made in accordance with paragraph 3(b) hereof. 13. It is further agreed that no waiver of any breach of any covenant, condition or agreement herein contained shall Operate as a waiver~thereof as to any subsequent breach. 14. This lease shall be subject to the annual appropriation by the Board of County Supervisors of Albemarle County of funds sufficient to satisfy the financial obligations of the Lessee wi~h respect hereto. In the event that no such appropriation be made in any year during the term of this lease or any extension hereof, either party shall have the right to terminate this lease; provided that no such failure to appropriate funds shall be construed as a breach of the terms hereof for which damages may be recovered. IN WITNESS WHEREOF, the parties have caused their respective signatures and seals to be affixed hereto by their respective authorized officers. COUNTY OF ALBEMARLE BY Gordon Wheeler Gordon L. Wheeler, Chairman Board of County Supervisors of Albemarle County ATTEST: Lettie E. Neher Clerk BCM PARTNERSHIP BY Henry W. Maclin, Jr. (SEAL) General Partner BY Henry J. Browne General Partner ( SEAL ) EXHIBIT A 1. Level and otherwise prepare floors to receive floor finish by tenant. 2. Furr, insulate, install drywall and 2 coat paint walls not adjacent to heated and cooled areas. Insulate roof to Ri9. 3. Repair and clean or paint interior b~ick walls. 4. Install 2'x4' exposed grid accoustic ceilings suspended to not less than 8'-0" nor more than 9'-0". 5. Install lighting to provide not less than 75' F.~C.~,.at~.~desk top level. 6. Provide duplsx convenience outlets at no~ more than 9'-0" o.c. on all walls prepared by the Lessor. 7. Provide sufficient electric service capacity for additional outlets which may be required and paid for by the Lessee. 8. Supply a heating and cooling system which will provide year around comfort for general office tasks. Electric heat shall be co~nsidere~ only as a last resort. 9. Repair and reglaze windows to be left operative. (These shall be determined by the Lessee.) 10. Point and paint exterior. Other exterior improvements shall be only as approved by the Lessee except those which the Lessor does at his own expense without monetary consideration from the Lessee 11. Provide two toilets with hot and cold water. Toilets shall have the proper number fixtures as required by code. Wainscot shall be glazed tile; floors ceramic tile. Walls and ceilings painted with gloss enamel. Stalls suitable to the Lessee's Architect shall be provided. 12. Exitway(s) conforming to the building codes of the City of Charlottesville and the State of Virginia shall be provided. 13. All work will be substantially complete before 1-1-76. ~0t~do¢~ke~ed. Claims against the County were presented, examined, allowed and certified to the Director of Finance and charged to the following/.funds: Commonwealth of Virginia--Current Credit Account General Operating Fund School Operating Fund Cafeteri& Fund General Fund School Construction Capital Outlay Fund $ 733.24 464,869.79 1,143,255.59 21,953.09 448.50 377,079.75 10-29-75 Joint Security Complex Fund Town of Scottsvilte--l% Local Sales Tax $ 51,075.07 84.28 i~'$2,087,764.38 At 5:40 P.M. motion was offered by Mr. WOod, seconded by Mr. Fisher to adjourn this meeting. The motion carried by the following recorded vote: AYES: NAYS: ABSENT: Messrs. Carwile, Fisher, Henley, Thacker and Wood. None. Mr. Wheeler. (CLERK'S NOTE: The following information was furnished the Clerk on November 7, 1975.) "November 7, 1975 Miss Estelle Neher~ Clerk Albemarle Board of Supervisors County Office Building Charlottesville, Virginia 22901 Dear Miss Neher: Enclosed you will find the Certified Abstract of Votes for recording in your record book according to section 24.1-150 of the Virginia Code for the election held November 4, 1975. The ETectoral Board determined by lot the terms of the newly elected members of the Albemarle Board of Supervisors according to Section 24.1-88 of the Virginia Code. The results are as follows: Two year term: Opal D. David, Jack Jouett District Gerald E. Fisher, Samuel Miller District F. Anthony Iachetta, Charlottesville ~istrict Four year term: William S. Roudabush, Jr., Rivanna District Joseph T. Henley, Jr., White Hall District Lindsay G. Dorrier, Jr., Scottsville District Yours truly, (Signed) Richard B. Florence, Secretary Albemarle Electoral Board" ABSTRACT OF VOTES Member of the Senate of Virginia J. Harry Michael, Jr. Bernard Mayo Frank A. Kessler Fred Scott Tom Bain 7605 1 1 1 1 Member(s) of the House of Delegates John B. Ftinn Joseph W. Wright, Jr. Thomas J. Michie, Jr. James B. Murray 4048 4222 5046 5064 Board of Supervisors, Jack Jouett District Stuart F. Carwile 255 Opal D. David 596 Homer G. Richey 336 Board of Supervisors, Rivanna District Paul A. Stacy Shirley A. Chapman William S. Roudabush, Jr. M. Van Wilson 287 233 741 541 Board of Supervisors, White Hall District Board of Supervisors, Scottsville Distric Robert S. Black Joseph T. Henley, Jr. H. H. Tiffany 265 665 619 Forrest R. Marshall Lindsay G. Dorrier William C. Thacker, Jr. 602 865 123 Board of Supervisors, Samuel Miller District Gerald E. Fisher 1093 William Roy Barksdale, Jr. 460 Robert E. Merrill 304 Board of Supervisors, Charlottesville District Lloyd F. Wood, Jr. F. Anthony Iachetta 587 1416 Commonwealth's Attorney Sheriff John A. Dezio Lynn Edgerton Charles Haugh Joyce M. Mason Clerk of Circuit Court Shelby J. Marshall Patricia L. Birckhead Betty Thacker Thomas D. Blue 6700 1 2 1 6994 1 1 2 George W. Bailey D. D. Hudson Ward V. Barnes Wayne Davis 7984 1 1 1 Thomas Jefferson Soil and Water Conservat District Harry Garth R. Bruce Hogue G. Bourne Wayland 3678 1761 2761 1656