1975-10-08A10-8-75 (Afternoon)
339
An adjourned meeting was held on October 8, 1975 by the.~Board of Supervisors of Albemarle
Coun~o,jyirginia at 4:00 P.M., in,the Board Room of the County Office Building. This meeting was
adjourned fr~m the meeting of October 1, 1975.
PRESENT: Messrs. Stuart F. Carwile, Gerald E. Fisher, J.T. Henley, Jr., William C. Thacker, Jr.,
Gordon L. Wheeler, and Lloyd F. Wood, Jr.
OFFICERS PRESENT: Messrs. J.H. Bailey, County Executive; Robert Sampson, Assistant to the County
Executive; James Bowling, Deputy County Attorney; and Ashley Williams, Acting County Engineer.
Meeting was called to order at 4:10 P.M. The first item was a request from the office of the
Commonwealth's Attorney that a resolution of exception be sent to the State Compensation Board. Mr.
J. H. Bailey read Mr. Charles R. Haugh's letter of October 2, 1975, to Mr. John M. Rasnick, requesting
the State Compensation Board to allow the replacement of Mrs. Jane N. Riddle with Miss Janis Hensley.
Mr. Bailey then proceeded to read Mr. Rasnick's reply explaining a resolution of exception must be
received from the local governing body. Motion was offered by Mr. Henley, seconded by Mr. Wood, to
adopt the following resolution:
WHEREAS, the Board of Supervisors of Albemarle County, Virginia, is aware of the fiscal
situation of the Commonwealth of Virginia; and
WHEREAS, the Board is also aware of action taken by the Compensation Board, effective
---A~gust 25, 1975; and
WHEREAS, the Commonwealth's Attorney presently has approval for one secretarial position
in his office, and Mrs. Jane N. Riddle has resigned effective October 16, 1975, it is impera-
tive .that the .Commonwealth's Attorney be given approval for replacement.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Albemarle County, Virginia,
does hereby r~quest that the Commonwealth's Attorney be allowed to fill this position upon
vacancy.
AYES:
NAYS:
Role was called, and motion carried by the following recorded vote:
Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
None.
Not Docketed: Branchtands Settlement Agreement: Mr. Jim Bowling was present, and requested
the Chairman to sign an agreement between the County of Albemarle, Montague Miller and Weinstein
Associates, as previously approved by the Board at the August 21, 1975 meeting (Minute Book 13, pg.
264-266).. ~.
Not Docketed: Mr. Carwile said the Planning Commission reported that the Federal Executive
Institute in Charlottesville is being considered for relocation by the Federal, Government, and
requested t~e Board to adopt the following resolution:
WHEREAS, the United States Federal Executive Institute is now iocated in the~City of
Charlottesville; and
WHEREAS, the said Institute is a significant cultural,_aesthetic and economic asset to the
Charlottesville-Albemarle community; and
WHEREAS, the Board of County Supervisors of Albemarle County is advised that the United
States General Services Administration is now considering relocating the said Institute away
from the Charlottesville-Albemarle community; and
WHEREAS, the Board is desirous of retaining the said Institute as a part of .the community,
either in its present location or in some other location within the community which-may be
determined to be convenient;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Albemarle County that
the Honorable Harry F Byrd, Jr., the Honorable William L. Scott, and the Honorable J. Kenneth
RObinSon, be, and they hereby are, respectfully requested and m?~mo~a_l~.~ to take under con-
sideration the question of the relocation of the United States Federal Executive Institute away
from the Charlottesville-Albemarle community and to take all action within their power to
prevent such relocation.
. Mr ~ wheeler said if this Institute were los~ to the community, it would have considerable
impact Motlion'was offered by Mr. Carwile, seconded by Mr. Fisher, and carried by the .following
recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None?i~-
'F
Not Docketed. Mr. Wheeler requested the Board reconsider a request by Mr. Vaughan Stewart, Jr.
to vacate a portion of Wakefield Court, lying on the northwesterly side of Wakefield Road between
Lot 1, Block C and Lot 6, Block A. He stated the request was denied on July 17, 1975, because the
County wished to retain a 20 foot public utility easement. The property owner stated in a letter to
Mr. Wheeler dated August 20, 1975, that he was now willing to do this. Mr. Wood agreed it should be
placed back on the agenda, and offered motion to advertise for public hearing at.9:45 A.M. on
November 20, 1975. Motion was seconded by Mr. Carwile, and carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
Not Docketed. Mr. Wheeler noted receipt of a letter dated September 3, 1975, announcing October
24, 1975 as United Nations Day, in celebration of the United Nations 30th Anniversary.
340
10-8075 (Afternoon)
No. 2. Mr. Charles B. Perry of the Virginia Department of Highways and 'Transportation said the
Federal Highway act of 1973 required all states to review their Federal Aid System. He added that a
November 15, 1975 deadline must be met in order to receive Federal Aid. Mr. Perry said there are
two systems ~n the Federal Aid Program; first the Functional Classification System which classifies
every road in the County based on the type of service the road provides. Second, the Revised Federal
Aid system is based on the Functional Classification System. Mr. Perry then proceeded to explain
maps being viewed by the Board.
Mr. Bailey asked if there had been any changes on this map that the County should be aware of.
Mr. Perry said one was Huntington Road, which was changed from a major to a minor collector. Mr.
Perry added that a minor collector is not eligible for Federal Aid through this system. After some
discussion as to roads and designations on the maps, Mr. Fisher offered motion authorizing the
Chairman to sign the maps as presented, and adopting the following resolution:
WHEREAS, the Federal-Aid Highway Act of 1973 requires that the Virginia Department of
Highways and Transportation realign the Federal-Aid Highway Systems in Virginia by July 1, 1976
on the basis of their anticipated functional usage; and,
WHEREAS, the existing State Federal-Aid Systems, ~with the exception of the Interstate
System, will be terminated on July 1, 1976; and,
WHEREAS, Federal Highway funds will no longer be available for State roadways after July
1, 1976 unless the Realigned Federal-Aid Systems have been approved by the Federal Highway
Administration; and,
~HEREAS, the Virginia Department of Highways and Transportation has functionally classif-
ied the State Highways in accordance with the guidelines presented in the "Highway Functional
Classification Manual" (Volume 20, Appendix 12, Highway Plannin~ Prog?am Manual) and developed
the. Realignment Federal-Aid Systems for Virginia in accordance with the Federal-Aid Highway
P~ogr~a~ Manual (Volume 4, Chapter 6, Section 7); now; therefore,
BE IT RESOLVED that, the Albemarle County Board of Supervisors concurs with the "1985
Highway Functional Classification" and "Realigned Federal-Aid Highway Systems" for Albemarle
County as developed by the Virginia Department of Highways and Transportation.
Motion was seconded by Mr. Wood, and carried by the following recorded vote:
Thacker Wheeler and Wood.
AYES: Messrs. Carwile, Fisher,~enley, ,
NAYS: None.
Mr. Perry next presented the Secondary System budget for the fiscal year ending June 30, 1976.
He noted that the budget for fiscal year 1975 came to $2,050,000. There were no questions from the
Board, and motion was offered by Mr. Carwi!e, seconded by Mr. Wood to adopt the following resolution:
BE IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that the
secondary system budget for the fiscal year ending June 30, 1976, as submitted by Mr. Charles
B. Perry, Assistant Resident Engineer, be and the same is hereby approved as follows:
Ordinary Maintenance .......... $ 726,995.00
Maintenance Replacements ...... 256,105.00
Improvements .................. 918,249.00
T 0 T A L ..................... $1,901,349.00
Role was called, and motion carried by the following recorded vote:
AYES:
NAYS:
Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
None.
Not Docketed. Mr. Perry noted that he would be sending in a letter on .three roads visited by
the Road Viewers Committee very shortly, and that the only road accepted by the State for inclusion
into the secondary highway system was Beagle Gap Road.
Not Docketed. Mr. Fisher reported on a meeting held on September 29, 1975 at 7:30 P.M. at the
Murray Elementary School, Ivy, Virginia; with property owners on Route 637. (CLERK'S NOTE: Minutes
of this meeting are on permanent file in the office of the Clerk to the Board of Supervisors.) He
summarized the property owners comments, saying most wished the right-of-way to be taken equally
from property owners on both sides of the road.
Mr. Perry commented that equal distribution of right-of-way did not look possible, as it would
interfere with power lines, utility poles, and underground cable. Mr. Wheeler requested Mr. Bailey
to discuss cost figures with Mr. Agnor of the City of Charlottesville and Mr. Perry, as he felt the
landfill road (Rt. 637) cost figures must be approved by the Board before acquisition of rights-of-
way begin.
At 5:10 P.M., Mr. Carwile offered motion to adjourn into executive session to discuss acqui-
sition of property relating to space needs. Motion was seconded by Mr. Thacker, and carried by the
following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
Mr. Carwile then proceeded to read
At 5:40 P.M., meeting was reconvened into regular session.
the following letter/agreement into the record:
"October 8, 1975
Mr. Thomas R. Wyant, Jr.
P.O. Box 212
Charlottesville, Virginia
We understand that you represent a client who may be desirous of leasing the property owned by
the undersigned located at the southwest corner of the intersection of Market Street and 5th
10-8-75 (Afternoon)
We are addressing this letter to you as agent for your undisclosed principal, and this letter,
subject t° the conditions hereafter stated, when accepted by your principal, shall serve as a
binding and enforceable memorandum of our agreement upon the undersigned as Lessor and your
client as Lessee.
Lessor shall cause to be made at its expense the renovations, repairs, and construction de-
tailed in the attached Exhibit B in accordance with plans and specifications prepared by
Lessor's architect and approved by you as architect for the Lessee.
Lessor repreSents that it has a General Contractor ready and willing to begin the work. Lessor
and Lessee agree that the estimated time to complete the proposed renovation is three months.
Lessor covenants and agrees.to use its best efforts to obtain the financing commitments re-
ferred to herein within ten days from the date this agreement is signed by both parties hereto,
and to start the said renovationS immediately thereafter. Both parties hereto recognize the
need of Lessee to occupy the premises within ninety days from the date hereof.
The base monthly rental shall be $850.00 per month plus an additional monthly sum equal to .92%
times the cost for the restoration and repair work, but in no event shall the additional rent
exceed the sum of $920.00 per month. In addition the tenant shall pay the pro-rate share of
real estate taxes and casualty insurance. Tenant shall pay all utilities and perform all
interior, non-structural maintenance.
In order to attempt to reduce the restoration cost and thus reduce the additional~ rent we agree
for you to consult with our architect and contractor and to have free access to all cost figures.
The initial term of the lease shall be for five years commencing with the date of occupancy by
Lessee. Lessee shall have two options to renew the lease for successive periods of five years
each at the same rental.
This letter of intent is conditioned only upon your client's credit being acceptable to Virginia
National Bank, the mortgage lender, in order that the undersigned may obtain financing for the
renovation work, and subject to the agreement of Virginia National Bank to enter into the usual
form of subordination agreement ori"non-disturbance" clause.
If these terms and those recited in Exhibit B are acceptable, we would appreciate your client's
acceptance on the enclosed copies of this letter.
BCM PARTNERSHIP
By: Henry W. Maclin, Jr., General Partner"
"EXHIBIT B"
WILHOIT BUILDING PREPARATION BY BCM PARTNERSHIP
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 R19.
3. Repair and clean or paint interior brick walls.
4. Install 2' x 4' 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 duplex convenience outlets at not 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 considered only as a last resort.
9. Repair and reglaze windows to be left operative. (These shall be determined by the
z 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 monitary consider-
ation 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 shell be
provided.
12. Exitway(s) conforming to the building codes of the City of Charlottesville and the State
of Virginia shall be provided.
13. Ail work will be substantially complete before January 1, 1976. The base rental shall be
in the amount of $850.00. Additiona$ rent shall be .92% times the expenditure for the
above but shall not exceed $920.00 per month. The Lessee's Architect shall have free
access to the work in all its parts and shall have cost figures made available to him on
his request. The term of lease shall be not less than 5 years nor more than 15 years."
(CLERK'S NOTE: Exhibit "A", Floor Plan, is on permanenv file in the Office of the Clerk to the
Board of Supervisors.)
Motion was offered by Mr. Fisher authorizing the Chairman to sign the above written agreement.
Motion was seconded by Mr. Wood, and carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
At 5:47 P.M., motion was made by Mr. Fisher, seconded by Mr. Wood to adjourn the meeting.
Motion was carried by the following recorded vote:
AYES:
NAYS:
Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
None.
Regular meeting of the Board of Supervisors, scheduled for 7:30 P.M. in the County Courthouse,
was cancelled by the Board by unanimous vote on October 1, 1975.
hair~