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PC_10-01-75_Meeting_Minutes• MINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors Room, October 1, 1975 PRESENT: Keith Williams, Chairman; C. Langdon Gordon; Richard Madigan; Frank Brumback; Manuel DeHaven; H. Ronald Berg; J. William Riley, III; J. 0. Renalds, III ABSENT: James Golladay, Sr. CALL TO ORDER The Chairman called the Meeting to Order and announced that the first order of business is the approval of the Minutes of August 20,. September 4 and September 17, 1975. • MINUTES - APPROVED Upon motion made by Richard Madigan, seconded by Frank Brumback and approved unanimously, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby move to dispense with the reading of the Minutes of August 20, September 4 and September 17, 1975. Upon motion made by Richard Madigan, seconded by Frank Brumback I and approved unanimously, I BE IV RESOLVED, That the Planning Commission for the County of Frederick,IVirginia does hereby approve the Minutes of August 20, September 4 and September 17, 1975 with the Chairman to present a draft of spelling and typing corrections. [l �C� (PC 10/01/75) P.2 A -95 Review ' VIRGINIA SEASONAL MIGRANT FARMWORKERS ASSISTANCE PROGRAM (Tabled from September - 1-975 Meeting) Recommended Approval Ronald Berg stated that he has the application from the State for the amount of $822,000. Mr. Berg read the following narrative from Mr. R. Edward Duncan, LFPDC, Communication of September 15, 1975: "The Commonwealth of Virginia is predominately an agricultural State. fourteen (14) of the twenty -two (22) planning districts, thirty -six (36) counties employ migrant and /or seasonal farmworkers as their labor force. Presently, the State provides limited services to this specific portior of the population through such agencies as: VEC, Health Department, Manpower, etc. The Commonwealth of Virginia feels that services provided to the gen- eral population should also be extended to migrants and seasonal farm -. workers. The most effective way to implement this effort is through the entire participation of the State in overall administration, coor- dination, planning, program delivery and maintaining of present services and maximum utilization of State resources. The State is.convinced that the above objective could best be achieved through inter - agency coordination and development of service delivery mechanisms, involving State, local and private agency resources. We propose to gear our project to service seasonal farmworkers with a mecha- nism for incorporating the migrants into the program and services when- ever residing in the State. Based on our statistical analysis of where the greatest number of seasonal farmworkers and migrants are located, we have designated the following counties as basic areas of concentration:" Mr. Berg continued that in Planning District 7 to be in the program are Shenandoah, Frederick, Clark and Warren. He stated that it is for- overall administration, coordination planning, program delivery, etc. Mr. Berg then read the list of support services from above (from page 4): "Specific programs related to Manpower services shall include: 1. On the job training 2. Vocational Education Training ® 3. Classroom Training \ `\ `� (PC 10/01/75) P.3 For each of the above the following services will be provided: i• 1. Outreach 2. Orientation 3. Counseling 4. Job development, placement, referral and follow-up 5. Transportation The supportive services shall include: 1. Health & Dental Services -- increasing the assesibility to preventive and primary care. Particular emphasis shall be placed on the young. Programs dealing with the problems of alcoholism will also be developed. 2. Education----------------- Adult education referral and counseling. Preschool and day care for children through Title 1, Secondary & Elemen- tary Education Act. 3. Welfare------------ - - - - -- -Food stamp certification and all other eligible programs. 4. Emergency Assistance - - - - -- Provide the capacity at the local level to respond to crisis situations. 5. Legal Aid Services-- - - - - -- Funding of the established project in the target areas to enhance the services in solving farmworkers legal situa -_ tion. 6. Family Assistance--- - - - - -- Counseling, relocation assistance, resi- dential support." The Chairman expressed his concern that, after twenty (20) years, the State of Virginia is planning to extend to the Migrant Workers the • privileges of Citizenship -- it appears we are in a prime target area. Richard Madigan stated that this is funded Federally and adminis- tered by local agencies. Upon motion made by Manuel DlHaven, seconded by Elmer Venskoske, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend approval of the A -95 Review for the Virginia Seasonal Migrant Farmworkers Assistance Program. The above motion was approved by the following roll call vote: Chairman, Mr. Gordon, Mr. DeHaven -- AYE; Mr. Brumback, Mr. Madigan --- - - - - -- NAY. EVALUATION OF THE TREATMENT AND REHABILITATION PROGRAMS WHICH HAVE SERVED RESIDENTS OF SHALOM ET BENEDICTUS, INC. Withdrawn • 7�J . (PC 10/01/75) P. 4 LAND USE PLAN • Drafting Change Commercial Property Recommended Approval Ronald Berg stated that in regard to commercial property on Route 7 he had a request from Mr. Cole to extend commerical area to include his personal property as at the present time commercial property area ends just at his door with his property extending beyond that point . several hundred feet. He said that zoning maps go to the Run. Mr. Berg stated that changing the commercial area designated would include two (2) additional residences. Upon motion made by Richard Madigan, seconded by Langdon Gordon and approved unanimously, ® BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend approval of extending the Commercial Area of the zoning maps to include the property in its entirety of Mr. Dennis T. Cole; as owned at the time of this hearing. LAND USE PLAN Drafting Change Balance of Opequon Watershed West of Route 37 Postponed The Chairman stated that he expected this subject to be mentioned this evening. The Chairman stated that this area represents about ten (10) square miles that the Commission has called agricultural land; which the resi- dents would like essentially to have rezoned as residential. He refer- red to the presentations by Mr. Dischinger and Mr. Payne at the meetings ® of August 20 and September 17, 1975. 1 (PC 10/01/75) P. 5• The Chairman stated that apparently they felt that unless it is • designated as residential in the Land Use Plan that they cannot develop it, but he didn't think that is the intention of the Land Use Plan. He said that it is possible the land will eventually be developed into very high - priced subdivisions. The Chairman further stated that the residents feel that they would rather have it decided now rather than have to go through the entire procedure for each parcel of land even though it is basically highly productive agricultural land that is profitable to a number of fairly large corporations at the present time. Richard Madigan stated that he would like to see this whole area, in about five (5) to ten (10) years become realized as not just neces- sarily residential, but business as well. He said he felt that it would be much better than just getting part of it rezoned to whatever an individual thinks it should be in order to make money. He said that he does not mean annexation. Manuel DeHaven suggested classifying everything that drains into the Opequon or the land west of Route 37. He also suggested a cut -off at Kernstown and letting Middle Road be the dividing line. The Chairman stated that the Opequon Watershed is difficult to define that it was used quite loosely in their arguments. Manuel DeHaven stated that anything west of Route 608 does not drain into the Opequon; conceding that everything east of there does. } Ronald Berg stated that he does not have the Potter Study maps and that the LFPDC Water Quality Control Study does define service area, not watershed. 0p0 (PC 10/01/75) P. 6 • J. 0. Renalds, III showed the Commission the above - mentioned maps. Ronald Berg stated that the Regional Water Quality Management Plan was adopted by the Commission several years ago. Upon motion made by Richard Madigan, seconded by Frank Brumback and approved unanimously, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby postpone further discussion of the Land Use Plan until the scheduled evening Joint Public Hearing. PUBLIC HEARINGS AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO AMEND SECTION 10 -1 -22 TO READ: 10 -1 -22: OFFICE EQUIPMENT AND LIGHT MACHINERY SALES AND SERVICE, UNDER COVER. Recommended Approval • The Chairman stated that this is to clarify the vague section in i B -2 zoning of "machinery sales and service ". The Commission discussed the fact that "light" is vague as well as "under cover" in relation to weight, height, size, horse power, etc. Lawrence Ambrogi suggested defining what it.will be used for and that it might be practical to describe it by use such as household or garden to keep it from including things like road grading equipment or excavating equipment or restrict it to machinery for individuals rather than contractors. He said it might be shorter to state an exclusion or state what is permitted even though that might be more lengthy -- the idea is to keep it from being vague. is Richard Madigan suggested Mr. Ambrogi make a list. �� 1 (PC 10/01/75) P. 7 Richard Madigan asked if a 12 HP riding lawn mower would be consi- dered garden equipment. Frank Brumback stated his opinion that under commercial application it would be considered machinery, but under personal application it .would be considered private. Langdon Gordon stated that he felt the Commission was splitting hairs. He said that he thought the intent was to protect unsightly situations. He said that he thought "under cover" was not objectionable. The Chairman stated that he could not find a definition for "under cover ". He asked if it meant under roof or totally enclosed. Richard Madigan suggested "office equipment and light tools" insteac • of machinery. Lawrence Ambrogi stated that machinery is far too broad a term and that anything which functions mechanically could be a machine. The Chairman suggested "office equipment and machinery excluding those items included in Section 12 -1 -12 as amended ". He asked the audience for comments, but there was no response. Richard Madigan suggested amending Section 10 -1 -22 to read: "Office equipment and lawn and garden machinery sales and service under cover excluding those items listed under Section 12- 1 -12." VOTE POSTPONED PENDING DECISION UPON SECTION 12 -1 -12 TO ALLOW FOR A PROPER RECOMMENDATION. U A Iq (PC 10/01/75) P. 8 PUBLIC HEARINGS • AN ORDINANCE TO AMEND THE.FREDERICK COUNTY ZONING ORDINANCE ADOPTED. NOVEMBER 1, 1973 TO AMEND SECTION 12 -1 -12 TO READ: 12 -1 -12: CONTRACTORS' EQUIPMENT STORAGE YARDS OR PLANTS, OR RENTAL OF EQUIPMENT COMMONLY USED BY CONTRAC- TORS, TO INCLUDE FARM AND INDUSTRIAL EQUIPMENT SALES AND SERVICE. Recommended Approval Upon motion made by Richard Madigan, seconded by Elmer Venskoske and approved unanimously, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend approval of the amendment of the Frederick County.Zoning Ordinance Section 12 -1 -12 as written. Upon motion made by Richard Madigan, seconded by Langdon Gordon and approved unanimously, BE IT RESOLVED, That the Planning Commission for the County of ® Frederick, Virginia does hereby recommend approval of the amendment of the Frederick,County Zoning Ordinance Section 10 -1 -22 as follows: 10 -1 -22: OFFICE EQUIPMENT AND LIGHT MACHINERY SALES AND SERVICE UNDER COVER EXCLUDING THOSE ITEMS LISTED UNDER SECTION 12 -1 -12. PUBLIC HEARINGS AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO REZONE 27 ACRES, MORE OR LESS, OF DANIEL E. WILLMORE, LOCATED ON THE NORTH SIDE OF ROUTE 694, APPROXIMATELY TWO- TENTHS (2/10) MILES EAST OF INTERSECTION WITH ROUTE 522; IN GAINESBORO MAGISTERIAL DISTRICT; FROM AGRICULTURAL, LIMITED (A -1) TO RESIDENTIAL, LIMITED (R -2). Tabled Ronald Berg showed the Commission the property location on the map. The Chairman read to the Commission the following memorandum from Ronald Berg of September 30, 1975: • "On Tuesday, September 30, 1975 Mr. Daniel Willmore contacted Planning and Development and requested that his rezoning application be postponed from the meeting of October 1, 1975 to the meeting of November 5, 1975. The Health Department has not been able to review his tract of land and he would Like to have their evaluation before the Commission con- iders his rezoning." '� (� (PC 10/01/75) P. 9 OPPOSITION Mr. John W. Boyd appeared before the Commission and asked if he would have to appear again for the postponed date of November 5. Richard Madigan stated that it was not necessary for the opposition to appear again on that date. Mr. Boyd continued with his view of opposition by stating that he lived in that area and represents about eighty (80) other people. Mr. Boyd handed the Commission a petition for their review. Mr. Boyd stated that he didn't feel good agricultural land should be used for a development since there already is land close to the City that already has a Residential zone that already has service facilities, etc. He said that if a more populated area 'begins outside of this area • more..public services will have to be provided for which the established citizens will have to pay more taxes. He further stated that this volume of people would change the area from a rural community to an urban development and these people had moved away from a city purposely to avoid urban living. Mr. Boyd stated that, if this happens, at some future time these people would be forced to change their lifestyles due to the require- ments brought about by a new development (livestock, orchard spraying, etc.). He said that, with the Summit already on this end of the County, they don't need anymore development to cause problems in growth and planning. He mentioned the possibility of the development failing thus causing the County to carry the burden and he thought the County could • not afford such a disaster. a D 1+. (PC 10/01/75) P. 10 Mr. Boyd stated that Mr. Willmore knew the land was zoned Agricul- tural when he bought the farm -- he has owned the land for less than a year; why does he see a need for rezoning? Mr. Boyd stated that all adjoining land owners have signed a peti -:__ tion asking that this development not take place; plus 80 -odd residents within a- (3)- to four (4) -mile radius have signed the same petition equaBing a definite majority are expressing their desire to be met by those elected to represent them in office; which they urge to oppose rezoning twenty -seven (27) acres of land owned by Mr. Willmore. The Commission discussed with Mr. Boyd the location of the request. George Whitacre spoke from the audience to the Commission stating that he was an adjoining landowner and had signed the petition. Mr. Boyd stated that they are aware that, according to Agricultural zoning, Mr. Willmore can build in five (5) -acre lots; but that they are really opposed to a low -rent section with houses jammed together. Mr. Frank Whitacre, another adjoining property owner spoke to the Commission stating that he doesn't object to the five (5) -acre lots but to putting twenty -five (25) houses or so there with three (3) bedrooms each which will probably be occupied by younger people who will have families of young children to populate the school (possibly overcrowding Mr. Ambrogi stated that once the Commission began approving this type of thing; they may have to continue doing so, leading to more than is one (1) development. X05 (PC 10/01/75) P. 11 Mr. Frank Whitacre stated that the school he had mentioned has an enrollment of two - hundred - seventy -five (275) students equalling a little less than thirty (30) students per classroom; and that they had moved a trailer in two (2) years ago. Mrs. Beth Boyd stated, from the audience, that she thought the proposed LUP is not in agreement with the proposed rezoning. Mr. Larry Brannon, from the audience, stated that he is an adjoin- ing landowner in opposition to the proposed rezoning because of the possible necessary changing the rural lifestyle. Mr. Boyd stated his opinion that he would hate to see this tabled again if the delegation appears at the November 5th meeting. • NO VOTE - MR. WILLMORE'S REZONING APPLICATION TABLED FOR THE MEETING OF NOVEMBER 5, 1975. PUBLIC HEARINGS AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO REZONE 3.2160 ACRES, MORE OR LESS, OF SHENANDOAH VALLEY BANK AND THOMAS C. BAKER, LOCATED AT THE INTERSECTION OF ROUTE 652 AND ROUTE 816; IN BACK CREEK MAGISTERIAL DISTRICT; FROM INDUS- TRIAL, GENERAL (M -2) TO INDUSTRIAL, LIMITED (M -1). Recommended Approval Mr. Thomas C. Baker appeared before the Commission. Ronald Berg showed the Commission the location on the map. Mr. Thomas Baker stated that he owns the center parcel of three (3) parcels with the other two (2) parcels (on left and right of Mr. Baker) being owned on the Deed by Shenandoah Valley National Bank as the Estate ® of Mr. Charles Baker (Thomas Baker's father) and he (Thomas Baker) has an option to buy these two (2) parcels. He further stated that SVNB is joining him (Thomas Baker) in rezoning request for their mutual interest.I (PC 10/01/75) P. 12 Mr. Richard Madigan ABSTAINED from further participation in this • rezoning request. Mr. Thomas Baker stated that his plan is preliminary and that he plans to start building two (2) storage warehouses with cubicles inside, loading dock, etc. depending upon the needs of rental prospects. He said that when he will construct on the left will depend upon a customer feasibility study and what comes up in the future. He further stated that he plans to use the house for an office relating to the storage, or possibly some light assembly -type work (M -1 zoning). Mr. Baker stated that the two (2) parcels of land upon which he has an option is now zoned M -2 (located on Route 652) and to the left of his property is zoned R -3 and M -2. • Upon motion made by Frank Brumback, seconded by Elmer Venskoske and approved unanimously, BE IT RESOLVED„ That the Planning Commission for the County of Frederick, Virginia does hereby recommend approval of the rezoning request by Thomas C. Baker and Shenandoah Valley Bank from Industrial, General (M -2) to Industrial, Limited (M -2). SUBDIVISION South View Subdivision - Preliminary Plat Recommended Denial Ronald Berg stated that he was not sure whether the changes that have been made will meet the Commission's previous thoughts or not. He said that the entire subdivision is off of Route 522 South at Joe's Ocean Cove. ® Mr. Berg stated that Section I is already "in" and on central water system. - _1 (PC 10/01/75) P. 13 Mr. Berg stated that the proposal is to add these lots to the rear • and extend the central water system. , He said that Lot 18 that had previously been rejected by the Health Department is now approved. He said that Lots 11, 12 and 13 will not meet Health code requirements. Mr. Berg stated that the owner had asked that Lots 11, 12 and 13 be "held" until central water and sewer comes through; which was rejected by the Commission. Mr. Berg further stated that the developer now pro- poses taking three (3) lots and five (5) -acre piece and combining into one (1) seven (7) -acre tract as part of the subdivision. Mr. Berg stated that this seven (7) -acre tract which will be a part of the subdivision will be extremely difficult to regulate because it will be a part of the agricultural tract and a nuisance piece of property • that we don't know for sure will be property maintained and compatible with the other property. Mr. Berg stated that it could be sold to an adjoining property owner, but he didn't know what the ramifications were to have close to four - hundred (400) feet of a road frontage within a subidivision not being a part of that particular subdivision. He said that if water and sewer comes through it could be developed but he wasn't certain it would be compatible. Mr. Berg continued that another problem with this tract is the enormous forty (40) foot drainage easement about which he is now corresponding with the Highway Department to see if they will accept for maintenance -- the drainage easement cuts into all four (4) lots. (PC. 10/01/75) P. 14 Mr. Berg stated that the issue he's presenting is - - :if this .. • seven (7) -acre tract were withheld from the'subdivision who will be responsible for maintenance? Manuel DeHaven stated that possibly they could extend the other lots to include this property or it might be better maintained if sold separately., The Chairman stated that it is some sort of significant impact by having ownership and in limbo otherwise. Manuel DeHaven stated that the Health Department might be agreeable to the absorption of these lots by the subdivision. Ronald Berg stated that he understood that the three (3) lots are IS totally unacceptable by the Health Department. Langdon Gordon suggested that they could be thinking about the proposed Kernstown sewer line. The Commission discussed the proposal's location in relation to the Land Use map. Richard Madigan stated that he considered the preliminary plat as being "bad ". Manuel DeHaven stated that he thought the seven (7) -acre tract would be better as one (1) lot within the subdivision that would at least be an open area for the nighbors' children Ronald Berg suggested that the Deed of Dedication include a stipu- lation re square footage of housing to be compatible with existing homes. - 0 Q I f (PC 10/01/75) P. 15 The Chairman stated that they could alter the subdivision plat if they had some way to subdivide at a later date (would not have to be rezoned). Langdon Gordon suggested that no one would buy it if it won't perk. Frank Brumback stated his opinion that the project needs more thought, study and work. Manuel DeHaven stated that he questioned what can be accomplished with it -- is it a good play area ?, -- is it property structures? -- I. and it is not a good concept in its present form. Langdon Gordon suggested the Commission offer suggestions to South View Development Corporation to let them know their reasoning • so they (South View) can re- design the plat. The Chairman stated that Ronald Berg can get the reasons from the Minutes and relate them to the developers. Manuel DeHaven suggested changing lots around to take up entire tract that would equal three and one -half (3- 1 /2) -.or three (3)- acre tracts that might allow them a couple extra lots. He suggested men- tioning to developers that the..Commission is not turning them down flat, but that they re- arrange the lot lines. Upon motion made by Richard Madigan, seconded by Frank Brumback and approved unanimously, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend denial of the Preliminary Plat in its present form. (PC 10/01/75) P. 16 U • LAND USE PLAN Discussion - Joseph E. Butler The Chairman read a letter to Keith Williams, Chairman, from the Frederick County - Winchester HOME Builders, Contractors, Developers & Allied Businesses, Inc. of September 30, 1975 written by Mr. Joseph E. Butler: "On the proposed rezoning of land west of Virginia Route 37 to agricul- tural classification we called our Board of Directors. Because of the opposition of many persons that own land in that area our Board voted against proposal. We therefore respectfully request at this time action not be taken for the proposal. Thank you for the consideration you maylgive this request." The Chairman stated that he didn't understand what Mr. Butler was trying to say. also Richard Madigan stated that he had read it about three (3) times and t the letter was confusing because the Commission is not anything. Ambrogi read the letter and stated his opinion that Mr. Butler confusing the LUP with a rezoning -- he obviously thinks the is considering rezoning that area from Residential to Agri- culturz w LAND USE PLAN Miscellaneous Discussion Chairman mentioned four (4) items that he thought might be broughtlup for discussion at the evening Join Public Hearing: 1) The petition in one -man form presented by Garland Cather representing the people of Round Hill Community who wish to be included as one of the Community Centers (land west of Route 37). 2) TheILFPDC Water Quality Control Board map that the Commission had previously examined. (PC 10/01/75) P. 17 3) Commercial property -- frontage on'arterial roads throughout the • County;las well as opposition on minimum frontage acreage of residential property. 4) Required sewer and water for developers on any acreage less than five (5) per lot -- opposition by such people as Tom Glass L- it will create 'a hardship for those who have already laid out their plats. The Commission examined the LFPDC Water Quality Control Board map. The Chairman stated he questions why sleeves were put under Route 37 The Chairman stated he wondered what watershed they were talking about sewering that much land to (some of it could be picked upon the Redbud Run, but the balance of it is all the way over to Route 622) Ronald Berg mentioned Abrams Creek as being the discharge point Mr. Dischinger had addressed himself to during his presentation to the Commission. Manuel DeHaven asked if we can't run a line through Winchester how can Winchester run a line through Frederick County? Frank Brumback stated that we don'-t even have a water or sewer line laid in Frederick County. Langdon Gordon stated that Round Hill Community is a very strong item in re to the LUP as to whether or not it should be included as a Community Center. He said the Commission might meet less opposition to the LUP if it were included. Frank Brumback asked how development surrounding that community can be discouraged and there would be a lot more pressure to rezone residen- ® tial. 7� , C (PC 10/01/75) P. 18 The Chairman stated that originally the Community Centers were set up to be mostly outlying areas within the wide scoop of the agricultural belt which were potentially sewerable and waterable becauselthey did exist as most viable commercial areas. He said that Round Hill was dis- 'cussed and eliminated because it is so near the City and it would be an additional burden on the County to finance sewer and water. J. 0. Renalds, III stated that unless the Government cuts off all the funds we will be provided with seventy -five percent (75 %) of the cost of the intercepter system and no assistance for collector lines. Richard Madigan asked if it is possible that they will run inter-, ceptor lines through the middle of Winchester. The Commission examined the afore - mentioned map and discussed sewer lines, intercepter lines; location of these comparing east and west of the City. Frank Brumback stated his opinion that the County will be obligated to furnish sewer and water when the Community Centers are designated. He said that the County will have to work with the City. He also said that the County would be better off having growth around the town so that it can be controlled,. Upon motion made by.Richard Madigan, seconded by Langdon Gordon and approved unanimously, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby adjourn its meeting until scheduled Joint Public Hearing of the Planning Commission and Board of Super- visors at 7:30 P.M'. today. THERE BEING NOTHING FURTHER TO COME BEFORE THE COMMISSION, THE MEETING WAS ADJOURNED UNTIL 7:30 P.M. AT WHICH TIME THERE WILL BE A JOINT PUBLIC HEARING ON THE LAND USE PLAN. ,-)-\ 3 i (PC 10/01/75) P, 19 • • Respectfully submitted, H. Ronald Berg, Secretary