PC_07-06-88_Meeting_MinutesMEETING MINUTES
of the
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board of Supervisors' Meeting Room in the Old Frederick County
Court House, 9 Court Square, Winchester, Virginia, on July 6, 1988.
PRESENT: Planning Commissioners present were: Frank H. Brumback, Chairman;
James W. Golladay, Jr., Vice - Chairman; George L. Romine;
S. Blaine Wilson; Manuel C. DeHaven; Beverly Sherwood;
Marjorie H. Copenhaver; Carl M. McDonald; Kenneth Y. Stiles
Also present were: Robert W. Watkins, Secretary; and
Stephen M. Gyurisin, Advisory
CALL TO ORDER
Chairman Brumback called the meeting to order at 7:00 p.m.
MINUTES
The first order of business was the consideration of the minutes of
June 15, 1988. Upon motion made by Mr. Romine and seconded by Mr.
Golladay, the minutes of June 15, 1988 were unanimously approved as
presented.
BIMONTHLY REPORT
The Commission and staff discussed pending applications.
COMMITTEE REPORTS
Economic Development Commission
Mr. Romine reported that the ground breaking ceremony at the Butler
Manufacturing site will be on July 12, 1988 at 11:00 a.m. Mr. Romine added
that this was an important addition to the economic community.
Comprehensive Plan Subcommittee
Mr. Golladay said that the Comprehensive Plan Subcommittee will meet
July 19, 1988 to discuss environmental issues.
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SUBDIVISIONS
Final Subdivision Plat of Albin Village, Section 3, Zoned RP, 21.7775 acres
for single - family detached cluster lots in the Opequon District.
Action - Approved
Mr. Charles Maddox, Engineer with G. W. Clifford & Associates, was
representing this subdivision. Mr. Maddox said that this plat has been
finalized for almost a year, but they have been waiting for the sewage
problem in the area to be resolved. In reply to Mr. Golladay's question on
how the sewer would be handled, Mr. Maddox said that it would go to the
upgraded Lakeside Plant and then to the Parkins Mill Plant.
Upon motion made by Mr. Golladay and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve the Final Subdivision Plat of Albin Village, Section 3,
for the subdivision of 61 single - family detached cluster lots, open space,
right -of -ways, and easements. This property is located on the east side of
Route 647 in the Opequon Magisterial District.
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i
Final Subdivision Plat of Brookland Heights, Sections I (271lots), II (82
Lots) and III (135 lots), zoned RP, for a total of 244 townhouse lots
(30.934 acres) in the Shawnee Magisterial District.
Action - Approved
Mr. Watkins noted that this application was submitted before the RP
amendments were adopted. He said that the plats were drawn in accord with
the approved master plan and site plan.
Mr. Charles Maddox, Engineer with G. W. Clifford & Associates, was
the representative for this subdivision. Mr. Maddox said that they have
responded to the Virginia Department of Transportation's letter and all of
their requirements have been addressed.
Upon motion made by Mr. Wilson and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve the Final Subdivision Plat of Brookland Heights,
Sections I, II, and III for 244 townhouse lots, parking, open space, and
utility improvements. This property is located south of State Route 659
(Valley Mill Road) and north of Frederick Heights Subdivision in the
Shawnee Magisterial District.
Final Subdivision Plat of Gladys Lauck Land, Zoned RP, for one single -
family lot, consisting of 10,040 square feet in the Stonewall District.
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Action - Approved
The staff recommended that the open space and master plan
requirements be waived for this one lot. They noted that all subdivision
standards had been met.
Mr. Frank Lauck, son of Gladys Lauck, was present to represent this
subdivision.
Chairman Brumback asked if water and sewer were available and Mr.
Lauck said that it was.
Upon motion made by Mr. DeHaven and seconded by Mr. Wilson,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve the Final Subdivision Plat of the Gladys Lauck Land for
the subdivision of one lot with public utilities. This property is located
on Route 522 North at Sunnyside, off of Route 832, in the Stonewall
Magisterial District. The master plan and open space requirements have
been waived for this lot.
(Mr. Stiles arrived at this point of the meeting.)
I
FINAL MASTER DEVELOPMENT PLAN
Revised Final Master Development Plan #008 -88 of Westside Station, Zoned
RP, for the subdivision of 16.246 acres into 43 single - family traditional
lots. This property is located south of Route 50 West, east of Route 37,
and north of Wayland Drive in the Back Creek Magisterial District.
Action - Denied
Mr. Watkins said that the revisions to this plan were minor and did
not constitute a major planning change. He said that the number of lots
have not increased. He explained that one road had been eliminated and the
detention basin was relocated.
Mr. Charles E. Maddox, Engineer with G. W. Cliffordfi Associates and
the representative for this master plan, explained the revisions to the
Commission.
Mr. Golladay asked how the office areas would be served by
transportation. Mr. Maddox said that the City's subdivision ordinance
requires 100' frontage on city streets. Mr. Maddox said that the owner is
studying whether to use the five lots individually or to use a condominium -
type office arrangement.
Mr. Wilson noted that since this master plan was originally
approved, the ownership had changed. Mr. Wilson asked for the names of the
principals. Mr. Maddox replied that the principals were Mr. Porter from
Round Hill and Mr. Winger from Fairfax.
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Mrs. Copenhaver said that when the applicant first came to the
Commission with the preliminary plan, the Commission rejected it because it
contained pipe stem lots. Mrs. Copenhaver said that the Commission
approved the plan with a cul -de -sac and no pipe stem lots. She said that
now this plan is being revised with pipe stem lots again, although they do
meet the Code with the 40' road frontage.
Mr. Stiles commented that if the Commission approved this lot
design, no matter how much of a modified pipe stem it was, a precedent
would be set.
Due to the fact that the Commission rejected the earlier plan
because of pipe stem lots, Mrs. Copenhaver moved for denial and Mr.
McDonald seconded the motion.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
deny Revised Final Master Development Plan #008 -88 of Westside Station due
to the use of the modified pipe stem lots.
The vote on this denial was:
YES (TO DENY): Copenhaver, McDonald, Stiles, Sherwood, Brumback, Golladay,
DeHaven
NO: Romine, Wilson
Revised Preliminary Master Development Plan #007 -88 of Fredericktowne
Estates, Zoned RP, 116.45 acres, for 288 single - family tradIitional lots in
the Opequon District.
Action - Tabled
Mrs. Copenhaver abstained from voting and discussion) of this master
plan due to a possible conflict of interest.
Mr. Watkins said that the Planning Commission reviewed this plan
approximately one year ago and at that time, did not recommend approval
because of the water control board's moratorium. Since that time, the
Commission has informally decided to approve master plans for lots in this
area with the understanding of the planned sewer improvements in the area
and also with the understanding that subdivision plans will not be approved
until the sewer issues are taken care of. Mr. Watkins presented a letter
from Mr. Charles E. Maddox, Jr., P.E., Vice President of G. W. Clifford 6
Associates, stating that they understand that sewer capacity will not be
available to this area prior to the spring of 1989 and that they also
understand that the County in no way guarantees sewer capacity availability
at this time or any other time as a result of the master development plan
action.
Mr. Golladay requested that the letter of understanding be sent to
the commonwealth's attorney for review and comment.
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Mr. Maddox said that the plan had been revised to take into account
some planning preferences on the part of the owner and he explained those
revisions to the Commission. Some of the points made were that the plan
incorporated two ways of access, via Fairfax Drive and Westmoreland Drive;
it utilized a gravity wastewater sewer system; the water system would be
extended from two points; drainage would be handled through open space
swales; lot size would be 10,000- 12,000 square feet; and no new lots were
planned for the section adjoining existing Fredericktowne.
Mr. Golladay felt that the extension of Westmoreland Drive would
create some major traffic problems, especially at the intersection of
Routes 277 and 647, and he suggested extending Westmoreland Drive through
the park and have it exit directly across from the park entrance.
Mr. Stiles said that the proposal showed Westmoreland Drive stubbed
against the park property. Mr. Stiles anticipated that within 8 -10 years
there was strong likelihood that a second high school would be needed in
Frederick County at this location and at which time, it would be desireable
to have the road extended. He said that the road could be paid for through
a combination of funds from the building of the school, recreational access
funds, and some other funds and could logically be extended to Route 277.
Mr. Stiles and Mr. Golladay felt it was critical to provide another outlet
from that whole area, other than having all the traffic forced through the
intersection at Routes 277 and 647 at the 81 ramp.
Mr. Tom Fulton, adjoining property owner on Wythe Avenue, felt that
the proposed lot sizes were small and he was concerned about how that would
effect the value of existing homes in the area.
Mr. Stiles commented that he knew of another master plan currently
in the works for this area. Mr. Stiles said that there will certainly be
impacts on traffic flow and circulation in this area. He felt that there
was enough concern in Fredericktowne that some time was needed to make
certain that everyone was informed about the types of lots proposed, how
the drainage and sewage would flow, etc. For those reasons, I Mr. Stiles
moved to table this request for two weeks. Mr. Golladay seconded the
motion with the addition that a response be obtained from Mr;. Ambrogi on
Mr. Maddox's letter of understanding.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
table for two weeks the Revised Preliminary Master Development Plan #007 -88
of Fredericktowne Estates in order to allow time to study traffic flow and
circulation, to make sure everyone was informed about the details of the
proposal, and to obtain a response from the commonwealth's attorney on Mr.
Maddox's letter of understanding.
Mr. Bill Althorpe, adjoining property owner on Wythe Avenue, had a
question on buffer space. Mr. Maddox said that a buffer is not required
between two single- family uses, however, they are proposing an approximate
50' buffer.
Mr. Dave Holliday, President of Shiho, Incorporated, the owners and
developers, said that he would be happy to hold an open meeting for the
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residents to discuss the plan. Mr. Holliday said that the lot sizes
planned are very close to what is currently existing in Fredericktowne. He
also noted that the restrictive covenants as to the cost and size of houses
would be very similar, if not identical, to what is now on record.
Revised Final Master Development Plan #005 -87 of Grove Heights, Zoned RP,
74.359 acres, for single- family cluster housing in the Shawnee District.
Action - Approved
Mr. Golladay abstained from voting and discussion on this master
plan due to a conflict of interest.
Mr. Watkins said that the primary change is in the road layout. He
added that this current version shows a pump station pumping all sewage to
the Sanitation Authority System via a force main through the eastern
portion of the project.
Mr. Stiles inquired as to who the current owner was. Mr. Jack
Williams, the engineer representing this master plan, said that Bruce
Brownell of Leesburg was the contract owner.
Mr. Williams said that the only major differences in this revised
plan were the interior road layouts. He said that the previous plan used
straight roads and this plan incorporates curves to create an aesthetically
pleasing layout.
Mr. Hugh Price, resident of College Park, wanted the owner's name
clarified. It was determined that Mr. Gene Groves currently owns the
property and Mr. Bruce Brownell is under contract to purchase the property.
There was next a discussion on whether the 50' right -of -ways were
wide enough to handle traffic if the roads were linked to properties in the
rear.
Mr. Wilson asked if any of the lots abutting the existing College
Park Subdivision were changed in any way. Mr. Williams said that no change
was made to those lots.
Upon motion made by Mr. Wilson and seconded by Mr. Ro'mine,
BE IT RESOVED, That the Frederick County Planning Commission does hereby
approve Revised Final Master Development Plan #005 -87 of Grove Heights for
211 single - family cluster lots. This version shows access to Purdue Drive
and to Route 781 and also shows a pump station pumping all sewage to the
Sanitation Authority System via a force main through the eastern portion of
the project.
The vote on this revision was:
YES (TO APPROVE): Copenhaver, McDonald, Stiles, Sherwood, Brumback,
DeHaven, Wilson, Romine
ABSTAIN: Golladay
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PUBLIC HEARINGS
Amended Conditional Use Permit #005 -88 of Raymond E. Brill to amend the
conditions of his approved conditional use permit to allow mining up to 50'
of Gravel Springs Run. This conditional use permit is for a sand mine
operation above the mean grade level on Route 603, west of Route 55 and
north of Route 600, in the Back Creek Magisterial District.
Action - Approved
Mr. Watkins said that Mr. Brill would like to amend his setback to
Gravel Springs Run from 200' to 50'. Mr. Watkins said that the sand mine
area is on a cliff which, with the 200' setback from Gravel Springs Run,
forces him to travel a circuitous and very steep path to access his mine.
He said that a 50' setback would allow him to access the sand from a
proposed bridge with little required climb. Mr. Watkins said that the
Division of Mineral Mining allows mining as close as 25' with adequate
erosion protection, therefore, the proposed 50' setback should be
acceptable, if the Division of Mineral Mining's approved safeguards are
implemented.
Mr. Raymond Brill was present to answer questions from the
Commission.
Chairman Brumback asked if there was anyone in the audience who
wished to speak in favor or opposition to the change, but na one came
forward.
Mr. Stiles said that Mr. Rhodes, Supervisor for the Back Creek
District, and himself visited the site with some of Mr. Brill's neighbors.
Mr. Stiles said that once the neighbors saw exactly what the! situation was,
they had no objections.
Upon motion made by Mrs. Copenhaver and seconded by Mr. Stiles,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve Amended Conditional Use Permit #005 -88 of Raymond E.
Brill to allow mining up to 50' of Gravel Springs Run with the following
conditions:
1. This is a two -year permit to be reviewed and renewed annually by the
staff, the Planning Commission, and the Board of Supervisors.
2. If the use, occupancy, or ownership of the property changes, this
conditional use permit shall expire and a new conditional use permit
will be required.
3. The mining operation, along with the sediment, erosion, runoff, and
spillage controls needed to allow the setback from Gravel Springs Run to
be placed at 50 feet, shall meet all requirements of the Virginia
Division of Mineral Mining.
4. The mining operations shall meet the landscaping and screening
performance standards; supplementary regulations; height, area and bulk
regulations; and site plan requirements contained in the requirements
for the EM (Extractive Manufacturing) District.
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5. The EM site plan shall be reviewed and approved by the staff.
6. Mining shall be limited to the 17.191 acre area described on the plat
provided.
7. No mining excavation shall occur within 2.00' of the boundaries of
adjoining properties not owned by the applicant or within 50' of Gravel
Springs Run.
8. There shall be no crushing of rock or washing of sand on the site.
9. Daylight hours of operation only. No Sunday operations.
Conditional Use Permit #010 -88 of The Elks Club of Winchester, Inc. for a
fraternal lodge to be located on Cedar Creek, Virginia Route 622, directly
east of the Blue Ridge Grace Brethren Church, in the Back Creek District.
Action - Tabled
The Commission and staff discussed whether this application was
complete, in that the application for the septic system was still being
considered.
Mr. Watkins presented a letter of objection from Linden and Betty
Lewis. Upon motion made by Mr. Stiles and seconded by Mr. Golladay, the
letter was made a part of the official record as follows:
July 4, 1988
Ms. Beverly Sherwood
HC1, Box 300
Cross Junction, VA. 22625
Dear Ms. Sherwood:
We reside in Sherwood Forest on Route 50 West in the Gainesboro
District and are writing concerning the request of the Elks Club for a
conditional use permit for their land on Route 622 south of Winchester.
Being members of the Blue Ridge Grace Brethren Church, which is next door,
we are asking your support in rejecting this request.
We feel that allowing this would be detrimental to our own services
which are held on Sunday 9:45 a.m. to 11:45 a.m, and 7:00 p.m, to 8:00 P.M.
We also meet regularly on Wednesday evening from 7:30 p.m. to 8:45 p.m.
There are also many services scheduled at other times during the month and
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a week of Vacation Bible School in the summer. This Bible School is held
in the evenings for children in the church and surrounding community.
Before the land was purchased for the church, we investigated and
found that the land was zoned for agricultural use and the only other
zoning in the areas was residential. This did have a definite bearing on
our deciding to locate there. This zoning is still in effect today and we
feel that allowing the Elks to Locate there would not be compatible with
this type of development.
We feel that great consideration should be given to the fact that
the Elks serve alcoholic beverages in their clubs. One of the greatest
problems facing our society today is alcohol. We realize there are many
influential citizens in the community that belong to this club, but we feel
you should reject this in consideration of the adverse effect this could
have on the community, especially our youth. Also, the costs of
rehabilitation for alcoholics, the additional costs of law enforcement, and
the endangering of human lives should be considered. The approval of this
could be very costly to the taxpayers and members of the community.
Thanking you in advance for your support in this endeavor.
Sincerely,
/s /Linden E. Lewis
/s /Betty R. Lewis
Route 9, Box 76
Winchester, VA 22601
Phone: 877 -2861
Mr. Lee Ebert and Mr. Joe Culvert, members of the Winchester
Benevolent and Protective Order of Elks, were present to represent the
Winchester Elks Club conditional use permit application. Mr. Ebert said
that their present facility is no longer adequate. Mr. Ebert said that the
current trend is to have family facilities and since they want to attract
young members to the lodge, they need to relocate where they can offer such
facilities. Regarding the sewer situation, Mr. Ebert said that they did
not want to go to the expense of having a sewer system and road designed,
or a site plan made until they determine whether they can use the
property.
The Commission discussed with Mr. Ebert the type of sewage system
that the Elks and Health Department had planned.
Mr. Steve Culvert came forward to speak in favor of this conditional
use permit. Mr. Culvert said that the Elks Club has been helping people
since 1868. Mr. Culvert explained the various public service programs that
the Elks are involved in and contribute to. Mr. Culvert also pointed out
that the present facility was no longer adequate. He outlined a normal
week's schedule at the Elks building and noted that they do not plan any
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outside athletic facilities at the site. He added that the yearly picnic
was held at another location.
Pastor Ronald Welsh, of Blue Ridge Grace Brethren Church, presented
a petition with names of persons opposing the conditional use permit.
Upon motion made by Mr. Stiles and seconded by Mr. Wilson, the
petition was made a part of the official record, as follows:
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Pastor Welsh felt that having the Elks Club on the adjoining
property would hinder the ongoing growth and ministry of their church. Mr.
Welsh explained the church's short -range and long -range plans to the
Commission. He said that they anticipate an expansion of church members
from 148 to 300 within the next five years; they plan to build a sanctuary
on the north side of their present building; and an educational wing is
planned on the west side of the building. He said that their long -range
plans include recreational equipment on either side of the building.
Mr. Willard Baker, Trustee Chairman, and Bob Roper, both members of
the Blue Ridge Grace Brethren Church, presented a site plan showing the
church's future construction plans. They pointed out where they planned a
sanctuary on the west side of the building and expanded parking. They said
that the church has approximately $400,000 invested in the property,
landscaping and existing building. They explained that in the long term
future, they plan to expand an educational wing to the north!, a picnic
shelter, and ballfields. Both Mr. Baker and Mr. Roper felt that the Elks
Club would inhibit their future growth at this location.
Mr. Kenneth Unger, Moderator for the Blue Ridge Brethren Church,
also came forward to speak in opposition. He said that the Blue Ridge
Church is established, has invested a large amount of money, and should be
protected. Mr. Unger also was of the opinion that the church and the club
were not compatible.
Don Gregory, Deacon at the Blue Ridge Church, felt the church was
not properly consulted as a courtesy by the Elks for the church's views; he
felt the church was established at this location first; that the church's
programs and goals were not compatible with the Elks; that they have
already invested a large sum of money on their church and planned to invest
more; and finally, he was concerned about safety to church members due to
the traffic.
Roy Dunco, Deacon at the Blue Ridge Church, felt the traffic would
interfere with worship services held within the fellowship hall, since the
congregation faces the Elks lot.
I
Mr. Stiles asked Mr. Culvert if the Elks would be willing to provide
screening and Mr. Culvert said that they they felt a fence with some trees
would be appropriate. Mr. Stiles inquired if the ABC Board would issue an
on- premise license to a club adjacent to a church which objected to the use
of alcohol. Mr. Culvert said that he has not heard that they would not
qualify for the ABC license.
Mrs. Copenhaver asked Mr. Culvert how long the Elks owned this
property and Mr. Culvert replied that they purchase it on April 11, 1988.
The Commission continued their discussion with Mr. Culvert on the
membership and activities of the Elks Club.
Mr. Stiles suggested that Mr. Ebert and Mr. Culvert of the Elks Club
meet with the representatives of the Blue Ridge Grace Brethren Church to
see if they could reach a common ground on conditions that could be
272 3
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attached to the permit in the form of screening, protections for the church
property, that would point everyone in the right direction. Mr. Stiles
said that he would be reluctant to take action on this permit one way or
another without this effort at least being made. Mr. Stiles said that he
hoped it would be a good faith effort. Mr. Stiles felt there was a real
question of the compatibility of a fraternal lodge being adjacent to a
church. In addition, Mr. Stiles requested that a statement be obtained
from the Health Department that the site was suitable for a system of a
capacity to handle the proposed Elks building.
Upon motion made by Mrs. Copenhaver and seconded by Mr. Stiles,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
table Conditional Use Permit #010 -88 of the Elks Club of Winchester, Inc.
in order to allow time for the representatives from the Elks Club and the
Blue Ridge Grace Brethren Church to meet together and attempt to establish
a set of conditions regarding buffering, screening, and oper that
could be used so that both groups could be compatible with one another; and
to allow time for the applicant to acquire a statement from 'the Health
Department guaranteeing that a sanitary system could be installed to handle
the sewer.
The vote on this recommendation was:
YES (TO TABLE): Copenhaver, McDonald, Stiles, Sherwood, Brumback,
Golladay, DeHaven, Wilson
OTHER
Romine
Letter from C. Douglas Adams and Kenneth N. Gilpin, Jr
Industral Areas Planned for Frederick County.
V �
Concerning
Mr. Watkins presented a letter from Mr. Adams and Mr. Gilpin
expressing their concern for planning for industrial areas and for the
provision of proper infrastructure to planned industrial development.
Mr. George Sempeles felt that the Commission should not restrict
industrial development to industrial parks.
ADJOURNMENT
The Planning Commission had no further business to discuss and
adjourned at 9:30 p.m.
Respectfully submitted,
rt W. Watkins, Secretary
" Frank H. Brumback, Chairman
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