HomeMy WebLinkAbout05 29 79 PC MinutesMay 29, 1979
The Albemarle County Planning Commission conducted a meeting on
Tuesday, May 29, 1979, 7:30 p.m., Board Room, County Office Building, Charlottesville,
Virginia. Those members present were Col. William Washington, Chairman; Mrs. Norma
Diehl, Vice -Chairman; Mr. Kurt Gloeckner; Mr. James Huffman; Mr. James Skove;
Mr. Charles Vest; Dr. James Moore; Mrs. Joan Graves; and Mr. Layton McCann.
Absent was Mr. Tim Lindstrom, ex-Officio. Other officials present were Mr. Robert
Tucker, Director of Planning; Mr. Ronald Keeler, Assistant Director of Planning;
Mr. Doug Eckel, Senior Planner; Miss Mason Caperton, Planner; Mrs. Idette Kimsey,
Planner.
Col. Washington called the meeting to order after establishing that a
quorum was present.
Minutes of May 7, 1979, May 14, 1979, and May 21, 1979, were approved
as submitted.
Mr. Benjamin Dick, Zoning Administrator, advised the Commission that
he is leaving the position of Zoning Administrator, and thanked the Commission for
its cooperation during his term as Zoning Administrator.
ZMA-79-06. Liberty Land Ltd. - request to rezone 485 acres
from A-1 Agriculture to RPN/A-1:
Mr. Keeler reminded the Commission that it had deferred action from
the previous meeting to further consider the fire protection and the relocation
of the entrance.
Mr. Keeler said that the staff recommends that the entrance be directly
across from Worrell Newspapers. The Fire Marshal has stated that the pond proposed
for Phase I is adequate for fire protection.
Mr. Keeler noted for the Commission's consideration the revised conditions
of approval recommended by the staff.
( Dr. Moore arrived at the meeting. )
There was no public comment and Col. Washington closed the public hearing.
The Commission decided that the revised entrance location would be appropriate.
Mr. McCann moved approval of the request subject to the following conditions:
1. Approval is for a maximum of 208 dwellings subject to conditions contained herein.
Locations and acreages of various land uses shall comply with the Approved Plan -
Sheets 1, 2, and 3. In the final site plan and subdivision process, open space
shall be dedicated in proportion to the number of lots approved;
2. No grading or clearing shall occur within any area of the site until final
site plan and/or subdivision plat has been obtained for that area;
3. No grading or construction on slopes of 25% or greater except as necessary for
road construction as approved by the County Engineer;
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4. All lots shall be served by one or more central water systems approved in
accordance with the regulations of the Virginia Department of Health, the
Code of Albemarle County, and all other applicable law;
5. Any lot not having adequate septic system sites shall be combined with a
buildable lot and/or added to the common open space;
6. County Attorney approval of homeowners' association agreements prior to final
approvals;
7. Virginia Department of Highways and Transportation approval of access to
Route 250 East. Roads shown as public roads on the Approved Plans Sheet 2 shall
be designed and constructed to Virginia Department of Highways and Transportation
specifications and dedicated for acceptance into the State Secondary Road System;
all other roads shall be in accordance with the private roads provisions of the
Subdivision Ordinance;
8. Fire Official approval of fire protection system. Such system shall be provided
prior to issuance of any certificate of occupancy;
9. Private Road "X" ( Sheet 2 of Approved Plan ) shall not serve more than 28 lots
in addition to lots shown on plan;
10. Access to Route 250 East shall be relocated across from the entrance to Worrell
Newspapers as per Virginia Department of Highways and Transportation letter of
May 25, 1979;
At the time of final approvals:
11. Planning Commission approval of areas to be cleared including areas to be cleared
on individual lots; Planning Commission approval of dwelling locations on
each lot;
12. Ten trees per acre shall be provided in the area marked "TREES" on the Approved
Plan, Sheet 1. Dedicuous trees shall be 1�-2" in caliper; non -deciduous trees
shall be 4-5 feet in height. Locationsshall be determined at the time of
final approval of Phase I;
13. Phasing of recreation improvements shall be as stated on the Approved Plan Sheet 3.
Mrs. Diehl seconded the motion, which carried unanimously, with no
discussion.
Running Deer Final Plat - Lots 5-15, 19:
Mrs. Kimsey presented the staff report, and read into the record the letter
from the Virginia Department of Highways and Transportation.
( Mrs. Graves arrived at the meeting. )
Mr. Gloeckner said that according to the letter there is inadequate
right-of-way, and the Highway Department therefore recommends no improvements.
Mrs. Kimsey agreed that this is correct.
Mrs. Diehl questioned the road width at this point. Mr. Tucker replied
that it is 16-18 feet.
Mr. Kirby said that he started the subdivision 5-6 years ago, and at the
time of preliminary approval nothing was said about improving Route 808. He
said that there are 21 users of Route 808 that have nothing to do with this
subdivision. He said that the people along Route 808 are currently giving deeds
so that the Highway Department can upgrade Route 808.
Mrs. Graves established that Mr. Kirby and his family are willing to
give the right-of-way for upgrading Route 808 if others do not agreed to dedicate
the land. She suggested that this could be a condition of subdivision plat approval.
Mr. Vest felt that would be a bad precedent.
There was no further public comment.
Mr. Gloeckner moved approval subject to the following conditions,
noting that he does not feel the rules should be changed halfway through the
subdivision process since Mr. Kirby has preceded in good faith:
1. This plat will not be signed until the following conditions have been met:
a. Written Health Department approval;
b. Street signs placed at the corner of Running Deer Drive and Whitetail Lane; and
C. Show correct parcel number on plat.
Mr. Vest seconded that motion.
Discussion:
Mrs. Diehl said that she feels a condition should be written to require
the right-of-way from Mr. Kirby, but worded in such a way that he will not be adversely
affected if other landowners deed the right-of-way.
Mr. Gloeckner called for the question.
The vote on the motion was 7-2, with Mrs. Diehl and Mrs. Graves dissenting.
Mrs. Diehl said that she felt a condition addressing the dedication from
Mr. Kirby and his family would have aided the situation.
Col. Washington advised Mr. Kirby that it is in his benefit to make the
effort to secure dedication of right-of-way along Route 808 for the necessary
improvements.
ZMA-79-12. Cushman Realty and Building Corp. has petitioned the
Board of Supervisors to rezone 155.54 acres from A-1 Agriculture
to RPN/A-1. Property is located east of Route 678 and on the
north side abuts West Leigh Subdivision; the property is also
approximately one mile northeast of the intersection of Routes 678
and 250 West. County Tax Map 58, Parcel 81V, part thereof; and
County Tax Map 81, Part thereof. Samuel Miller Magisterial District.
Miss Caperton read the staff report and noted the letter from the
Wittnebels of West Leigh.
Mr. Skove questioned the compliance with the Comprehensive Plan. Mr. Tucker
replied that the Comprehensive Plan recommends the property for agricultural/conservation
uses, with a density of 5-10 acre lots.
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Mrs. Vera Holowinsky, on behalf of the applicant, explained the
plan, noting that there will be fewer lots than if the property were developed
at current zoning. She said that the RPN is more efficient use of the land.
Water plans have been submitted to the county and the applicant is currently
discussing the plans with the Service Authority.
Mrs. Graves questioned if there is a building site on Lot #28.
She also questioned the setback along the roads.
Mrs. Holowinsky said that there is plenty of room for a building site on
Lot #28, pointing out that it is one of the large lots in the RPN. As far as the
setback from the roads, she said that the ordinance requires that the County establish
the setback at the time of review and approval.
Mrs. Graves said that the building setback would need to be shown on the
final plats.
Mr. Gloeckner asked if the Highway Department had any comments about the
private road coming out of a state road.
Dr. Whartman, a resident of West Leigh, questioned the range of lot size.
Mr. Tucker said they range from 40,000 square feet to 5 acres.
Upon further questioning from Dr. Whartman, Mr. Sandy Lambert, another
representative of the applicant, explained the purpose of open space and the lot
sizes. Furthermore, Mr. Lambert explained the reason for the different lot
sizes and noted that the larger lots abut West Leigh, since that is more in
character with the established subdivision. He also pointed out that the
topography permits a breakdown in the lot sizes.
Mr. Arthur May, a resident along Route 678, asked that the letter
from Mr. Wittnebel be read ( Miss Caperton then read the letter - see attached ).
Mr. May questioned the abandonment of the road through West Leigh
since it will have impact on Route 678, which he feels to be marginal at this point.
Mr. Caleb Stowe, a representative of the applicant, pointed to the advantage
of public water for the entire community, especially in the field of fire protection.
Mr. Wittnebel agreed with the RPN concept, though he disagreed with what
appears to be two separate units in this RPN. He said that the private road will
have to be maintained through the homeowners' association, and felt that this might
become a problem in view of the fact that some lots have frontage onto the state road.
Mr. Scribner said that he would 14_ke a condition that the old road will
be abandoned upon the completion of the private road which gives access to lot 25.
Col. Washington established that the old farm house is occupied.
Mr. Lambert said that he i-- agreeable to -following the suggestion of
Mr. Scribner.
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Mr. May expressed concern for the open space, especially with possible
location of the septic fields in the open space.
Mr. Lambert said that there are portions of the open space that could not
be used for septic systems due to proximity to the water system.
Mr. May felt that the two different lot types are not a good idea.
Mr. Ed Smith said that this is an extremely high density for
an open pastureland.
Mr. Robert Henderson questioned the location of the state road and
private road. Mr. Lambert explained by use of the plan.
Col. Washington closed the public hearing.
Mrs. Vera Holowinsky said that during construction it is important
to make sure the old farm house has access.
Mr. Tucker noted for the record that using open space for possible future
septic facilities has been done before - Peacock Hill, Hickory Ridge, Ivy Ridge
are examples.
Mr. Keeler suggested that the open space could be used as an additional
precaution, though they probably won't be needed.
Mrs. Diehl suggested rewording condition V .
Mr. McCann agreed that the plan shows lots of small lots in the open,
but he likes the RPN concept. He moved approval of the plan subject to the following
conditions:
1. Approval is for a maximum of 60 lots. Location and acreages of land uses shall
comply with the approved plan. In the final subdivision process, open space
shall be dedicated in accordance with the number of lots approved;
2. No grading shall occur until final subdivision approval;
3. Compliance with Soil Erosion and Runoff Control Ordinances;
4. County Attorney approval of homeowners' agreements prior to final approval to
include the use of open space for septic field, if necessary, and for private
road maintenance agreements;
5. Health Department approval of two septic field locations on each lot;
6. Fire Official approval of hydrant locations, prior to final subdivision approval;
7. The old road shall be abandoned upon completion of the private road serving
lot 25;
8. Only those areas where a structure, utilities, road or other feature approved
in a final plan are to be located, shall be disturbed; all other land shall
remain in its natural state;
9. All units shall be served by a public water supply system and approved by
appropriate agencies prior to final subdivision plat approval;
10. County Engineer and Virginia Department of Highways and Transportation approval
of road plans;
11. Lot #1 to enter onto the interior road.
Mrs. Graves questioned if the Commission needs to address the setback
from the roads..
Col. Washington asked for deliberate phasing at the time of subdivision
plat approval.
JIA7
Mr. Gloeckner seconded the motion for approval.
Mr. Skove said that he has trouble with the entire concept, since the
county is throwing away any plan for controlling growth in that area. He said
that he would like the benefit of the neighborhood plans, but said he would support
the request because of the water system.
Mrs. Diehl agreed.
Dr. Moore said that he feels the layout has to be in two sections because
of the lay of the land.
Mrs. Graves said she could support the RPN because of the water system.
The motion carried unanimously, with no further discussion.
John Pratt Final Plat - located on the south side of Route 600,
about 1 mile southeast of Stony Point:
Miss Caperton presented the staff report, noting that the Highway
Department will require no entrance improvements. The sight distance is adequate.
She stated that the plan has now been signed by the owner of the land and notarized.
Mr. Pratt advised the Commission that a maintenance agreement has been
drafted. He asked that the Commission waive the bond requirement so that the
plan con be signed.
Mr. Keeler said that this would be agreeable to the staff since the
private road amounts to a driveway in this case.
Col. Washington closed the public discussion.
Mr. Gloeckner moved approval of the plat subject Lo the following
conditions:
1. The plat will not be signed until the following conditions have been met:
Compliance with Private Road Ordinance, including:
(a) County Engineer approval of road;
(b) Maintenance agreement to be approved by the County Attorney.
2. Bond requirement to be waived.
Mr. Vest seconded the motion, which carried unanimously, with no
further discussion.
Dudley Mountain Plat:
At the request of the applicant, Mrs. Diehl moved that the plat be
deferred until June 19, 1979. Mr. Gloeckner seconded the motion, which carried
unanimously.
"�I 5
Kenneth Davis Plat:
At the request of the applicant, upon the motion of Mr. Gloeckner and
second of Mrs. Diehl, the Commission unanimously deferred action on the plat until
June 19, 1979.
Barclay Place Amended Site Plan/Old Dominion Day School - located between
Georgetown and Hydraulic Roads:
Miss Caperton presented the staff report.
Mr. Don Wagner, the applicant, said that he has no objection to the
conditions of approval.
Mr. McCann moved approval of the plan subject to the following conditions:
1. The day school will not be in operation until the following conditions have
been met:
(a) Compliance with conditions 7 and 9 of Special Use Permit 79-08;
(b) Condition #8 of SP-79-08 will be satisfied when the following approvals
have been received;
1. Fire Official approval of fire hydrant location and handicapped
facilities;
2. County Engineer approval of fire hydrant location and handicapped
facilities.
Mrs. Diehl seconded the motion, which carried unanimously, with no
discussion.
Commonwealth Properties Site Plan - located at the end of
Northside Drive at the Northside Industrial Park:
Miss Caperton presented the staff report.
Mrs. Graves expressed concern for the septic area.
Mr. Wagner stated that only the building size is different.
Col. Washington closed the public discussion.
Mr. McCann moved approval subject to the following conditions:
1. A building permit will not be issued until the following conditions have been met:
a. Fire Official approval of location and screening of dumpster;
b. Written Health Department approval of septic area;
2. Staff approval of future private drive prior to construction and proof of access
easement to the satisfaction of the County Attorney;
3. Virginia Department of Highways and Transportation approval of commercial
entrance on Northside Drive.
Mr. Gloeckner seconded the motion, which carried by a vote of 8-1,
with Mrs. Graves dissenting. She stated that she could not support the septic area.
c::,?/ &
Gercke Townhouses Site Plan - located on the east side of Hydraulic
Road, south of the intersection of Routes 631 and 743:
Mr. Gloeckner disqualified himself from the discussion and vote by
leaving the room.
Miss Caperton presented the staff report.
Mr. Keeler said that if this is developed as proposed, new data shows
it will yield only 16 students.
Mr. Jerry Dixon, on behalf of the owner, said that the property is
being used at a much lower density than it could be, under current zoning. He said
that a lot of recreational area is proposed for trails, lake, basketball court,
picnic tables, etc.
Col. Washington closed the public discussion.
Mrs. Graves pointed out that the School Board property is zoned R-2,
and Parcel 19C is owned by Asalie Preston. She then questioned if a sea wall is
the same as a dam.
Mr. Keeler pointed out that a sea wall is a design feature, and not a dam.
Dr. Moore established that there will be a dam though.
Mrs. Diehl established that the depth of the lake will be about 15 feet.
Mrs. Diehl moved approval subject to the following conditions: 14
1. Building permits will not be issued until the following conditions have been
met:
a. Albemarle County Service Authority approval of water and sewer plans;
b. County Attorney approval of homeowners agreements for maintenance of the
roads;
C. Virginia Department of Highways and Transportation approval of entrance
and improvements on Route 743;
d. Compliance with Soil Erosion Ordinance and Stormwater Detention Requirements;
e. Townhouses for sale will require subdivision approval,
f. County Engineer approval, including the sea wall and dam.
Mr. Vest seconded the motion which carried unanimously, with no discussion.
Mr. Gloeckner re-entered the meeting.
Squirrel Ridge Preliminary Plat - located on Route 743 just north of
the intersection with Route 631:
Miss Caperton presented the staff report.
Dr. Moore questioned the triangle of land across the road. Miss
Caperton explained that the Highway Department had cut off the triangle at one
time, (hough it is part of the parcel under discussion.
,-�217�-
Mrs. Diehl questioned why two septic fields were not speciE.ed as a
requirement.
Miss Caperton responded that in the watershed, two septic fields are
required under the run-off control ordinance.
Mr. James Gercke, owner and developer, said that the parcel is zoned R-3
and could have as many as 560 units. However, he pointed out that there is no
access to sewer and the tradeoff for density is sewer. He said that he would
be happy to move the entrance down the road.
Col. Washington closed the public discussion.
Mrs. Diehl said that she would like to see the location of the septic
systems and the houses.
Mrs. Graves said that she is concerned about lots with slopes of 16-250.
Mr. Gercke replied that 1,000-2,000 square feet of the -lot area is for
houses. He advised Mrs. Diehl that the septic system can be located in the front
setback.
Mrs. Holowinsky said that the final plat will show lots with building sites of
less slope.
Mr. McCann moved approval of the preliminary subject to the following
conditions:
1. The following conditions will be recommended for final approval:
a. Relocation of the entrance to the general area of lots 17 and 18 ( if
sight distance can be obtained ); subject to approval of Virginia Department
of Highways and Transportation;
b. Compliance with private road ordinance, including:
a. County Engineer approval of road plans -and drainage easements;
b. Maintenance agreement to be approved by the County Attorney;
C. Albemarle County Service Authority approval of water plans;
d. Compliance with Runoff Control and Soil Erosion Ordinance;
e. Fire Official approval of location of hydrants;
f. Written Health Department approval.
Mr. Gloeckner felt that the tradeoff is fair and that the area will maintain
some of the natural beauty if developed under the proposal. He seconded the motion
for approval.
Mrs. Diehl said that she would like a soil study before the final plat approval
and two septic systems located on each lot.
Mr. Keeler pointed out that the Health Department will not approve the
location of septic systems until the building is located.
Mrs. Graves said that she will support the concept but will leave her mind
open for the final plat.
Mrs. Diehl asked if Mr. McCann would amend his motion.
The motion was amended to include the following conditions:
a��
g. Show two septic locations for each .lot for final plat review;
h. Soil study prior to final plat review.
The motion carried unanimously.
William Smith Final Plat - located south off Route 641, east of
Route 29 North in Sandy Branch Farm:
Miss Caperton presented the staff report.
Mr. Paul Peatross, on behalf of the prospective purchaser, said that
the only problem is that all lots will not agree to participate in the maintenance
agreement. He gave the history of that situation and said that he sees no legal
problem. He pointed out that the new owner is willing to participate in the
existing agreement.
Mr. Gloeckner moved approval of the plat subject to the following
conditions:
1. The plat will not be signed until the following conditions have been met:
a. Written Health Department approval;
b. New lot to enter existing maintenance agreement for the road.
Mr. McCann seconded the motion, which carried unanimously.
Gregory Quinn Final Plat - located at the southwest intersection
of Routes 743 and 605, north of Advance Mills:
Miss Caperton presented the staff report, noting that Health Department
approval has been given.
Mr. Keeler pointed out that any work the Highway Department might
do would not be occasioned by this plat.
Mrs. Holowinsky said that she does not object to locating the metes and
bounds after the road is built.
Mr. Gloeckner pointed out that this might hold up signing the plat
unless the staff approves their location after the road is surveyed. He said that
they would certainly be needed prior to recordation of the plat.
Col. Washington closed the public discussion.
Mrs. Graves moved approval of the plat subject to the following conditions:
1. The plat will not be signed until the following conditions have been met:
a. Written Health Department approval;
b. Compliance with private road ordinance, including:
1. County Engineer approval of the road specifications;
2. Maintenance agreement to be approved by the County Attorney;
C. Virginia Department of Highways and Transportation approval of placement of
grading easements; entrance location; and frontage improvements.
d. Staff approval of metes and bounds on center line of private road.
Mrs. Diehl seconded the motion, which carried unanimously, with no
discussion.
Mr. Keeler pointed out that if the Highway Department has no plans
for Route 605, the applicant will possibly be subject to a long term wait.
Mr. Gloeckner said that he did not understand the motion, and moved
for reconsideration of the plat.
Mr. McCann seconded the motion for reconsideration, which carried
unanimously.
Mr. Skove questioned if the two lots justify the cost of
improving the frontage.
Mr. Gloeckner did not feel that they do and moved approval with the
same conditions with the exception of l(c).k He moved that (c) be written as
follows:
Virginia Department of Highways and Transportation approval of entrance location.
Mr. McCann seconded the motion, which carried by a vote of 6-3, with
Dr. Moore, Mrs. Graves, and Mr. Skove dissenting.
Pineridge Final Plat - located on the northwest side of Route 785 about
two miles north of Proffit:
Miss Caperton presented the staff report, and noted that the staff is
in receipt of a cost estimate of public water from the Engineering Department.
She read his calculations to the Commission and public.
Col. Washington questioned the dedication of right-of-way.
Miss Caperton replied that the applicant was not able to obtain the
right-of-way.
Mr. Steve Amato, said that he had made every attempt possible to acquire
the right-of=way. Some landowners would not cooperate and the situation has
become non-negotiable. Easements for public water could be quite a costly matter.
He said that he has tried to comply with the Commission directives, but has not
been able to comply with the road requirements. He said that the Highway Department
has assisted him in his efforts, noting that they made a similar attempt to
acquire right-of-way in 1970 and had been unsuccessful.
Mr. Duane Smith said that he does not feel the applicant made a sufficient
effort to acquire the right-of-way. He said that he does not see how the Commission
can approve a subdivision with a very bad road to serve it.
Mr. John Cohen said that he is concerned about the road, and noted that
the applicant had never contacted him. However he said that he himself has dedicated
25 feet.
Mr. Amato said that he had not contacted those who had already dedicated
frontage or some others once he had not received cooperation from his first contacts.
Col. Washington closed the public discussion.
Mr. Gloeckner established that the Planning Commission had determined
that the road was unsafe. He suggested that the solution would be to ask the
Board to use its powers of condemnation to make the Virginia Department of Highways
upgrade the road. He said that he realizes that this is drastic action, but when
people are willing to dedicate to improve an unsafe road, it is the only alternative.
He then moved approval of the plat subject to the conditions recommended by the
staff.
Mrs. Diehl said that she feels the Commission would be on shaky ground
to make such a request of the Board.
Mr. Keeler pointed out that if this subdivision is denied, the Commission
will have difficulty in approving any lots on Route 785 in the future until the
road is upgraded.
Mr. Huffman said that if that is the case, one property onwer could
keep everyone along the road from doing anything with their property. He said
that certainly seems unfair.
Mr. Skove said that he could not support asking the Board to exercise
its power of eminent domain.
Mr. Cohen said that the Highway Department did not choose to remove
the curve by using land offered by one of the area owners.
Mrs. Diehl said that if Mr. Amato wants to put in a subdivision
on the road, she feels he should offer to buy the necessary right-of-way to
improve the road.
Mr. McCann agreed that the road is a real problem here.
Mr. Gloeckner moved approval of the plat subject to the staff
conditions, amending l(d) to read as follows:
Virginia Department of Highways and Transportation approval of frontage improvements
along this property.
The second part of the motion was to ask the Board of Supervisors to
look into the road sitution to see if they can obtain the necessary right-of-way
to upgrade the road.
Mr. Huffman noted that Mr. Amato has offered to dedicate in front of
the other lots.
Mr. Gloeckner said that he would amend his motion to include frontage
improvements along lots A-J as well.
Mr. Huffman seconded the motion, which failed by a 2-5-2 vote,
with Messrs. Gloeckner and Huffman supporting the motion, and Messrs. Vest and
McCann abstaining.
Mr. Skove moved that the Commission deny the plan until such time
that Route 785 be improved to handle the existing traffic and traffic that would
be generated from the proposed subdivision.
Mrs. Graves seconded this motion, which carried by a vote of 5-2-2,
with Messrs. Gloeckner and Huffman dissenting, Messrs. McCann and Vest abstaining.
.-V-2 /
Mr. Gloeckner then moved that the Planning Commission ask the Board of
Supervisors to look into the acquisition of right-of-way along Route 785.
Mr. McCann seconded this motion, which carried unanimously.
Peartree House:
Miss Caperton reported that this is a request from Mr. Dave Pettit
to reconsider the 42.5 easement to lot 2A. He requests this because of parking
in the easement.
2A only.
MR
M
Mrs. Holowinsky said that the travelway does not change.
Mr. McCann moved approval of the request to change the easement to lot
Mr. Vest seconded the motion, which carried unanimously.
With no further business, the meeting adjourned at 11:45 p.m.
19