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1969-10-16 A regular meeting of the Board of County Supervisors of Albemarle County, Virginia, was he!~ at the Office Building of said County on the 16th day of 0ctober, 1969. Present: Messrs. E. N. Garnett, Donat~ .~az~O'tt.,:'~o~dQi2-i~.[':~Wh~e!er, Lloyd F. Wood, Jr. and R. A. Yancey. Absent: Mr. Jo seph w.. Gibson. Officers present: County F, xecutive and Commonwealth's Attor~ney. The meeting opened with the Lord's Prayer led by Mr. Garnett. Mr. 'Warner advised that resolution should be adopte~ with regard to road off l~oute 1204 in Crozet which was approved by l~oad Viewers in May. The fol- lowing resolution was offered by ~. Yancey, seconded by Mr. Wood, and unani- mously adopted: BE IT t~ESOLVED by the Board of County Supervi sots of Albe- marle County, Virginia, that the Virginia Department of Highways be and is hereby requested to accept into the Secondary System of Highways road in ~TaiSa H&ll Magisterial District~ Albemarle County, beginning at end of l~oute 1204 (Park l~oad) and ending at Fark Road Trailer Oourt, a length of approximately .30 mile. Said road was recommended for acceptance by Road Viewers on ~ay 1~, 1969. BE IT F~THER I~ESOLVED that the Virginia Department of High- ways be and is hereby guaranteed a ~0-ft. unobstructed right-of- way along this requested addition. Nr. Lloyd Wood advised that residents had contacted him with regard to Old Ivy l~oad. ~r. Wyant Owens appeared v~th regard to this road. He stated that the traffic on this road is heavy, particularly in the early morning and later in the afternoon as a school, an industry and a con~nercial establishment are located on the road in addition to residences and apartment buildings. ~. Owens advised that main problems are drainage and one-way traffic at the under- passes and that it is estimated that the cost of solving the drainage problem alone is $~1,000o00. He further advised that the City of Charlottesville and the de~eloper of the apartn~nt buildings would participate in this cost. After considerable discussion of this matter, the follo~ng resolution was offered by Nr. Wood~ seconded by Mr. Wheeler, ~d unanimously adopted: BE. IT IhESOLVED by the Board of County Sk~pervisors of Albemarle County, Virginia, that this Board is desirous of obtaining the best possible solution to problems on Route 754 (01d Ivy Road) and hereby requests the State Highway Department to reconsider ap.d alleviate the 62¸ problems, if possible, in-- 1. storm drainage in the vicinity of U. S. Route 2~0, ~est, which results in flooding of the underpass on 01d Ivy Road, 2. curves and hills on Route ?~4 to ms~e this a more maneuverable secondary road, and hel~ing to expedite Industrial Access Funds for entrance directly onto the Route 2~0 Bypass from Route ?~4. Communication was received from Dr. Charles Hurt requesting that certain roads in Canterbury Hills Sul~ivision be accepted into the Secondary System. After consideration of this request and discussion with the Resident ~gineer, the following resolution was offered by Mr. ~ood, seconded by Mr. ~eeler, and unanimously adopted: BE IT RESOLVfLD by the Board of County ~apervisors of Albemarle County, Virginia, that the Virginia Department of Hi,ways be and is hereby requested to accept into the Secondary System of Highways, subject to compliance with standards of said Department, the follow- ing roads located in Section Eour of Canterbury Hills Sut~livision, Albemarle County: Smithfield Road from its intersection with Chaucer Road to Lot 38, Block A, a length of 292 feet. Surrey Road from its intersection with Bennington Road to cul-de-sac, a length of approximately ~00 feet. BE IT FLRTHER RESOLVED that the Virginia Department of Highways be and is hereby guaranteed a %0-ft. unobstr~ucted right-of-way on these requested additions, along v~th drainage easements, the same having been recorded by plat in the Office of the Clerk of the Circuit Court of Albemarle County in Deed Book 454, page 14~. Communication was received from Mr. Warner relative to accident prone loca- tions and attaching a report from R. N. Robertson, District Traffic Engineer, outlining his findings at each of ~the locations in question. ?al~.%copy of this co~mnunication and attachment was previously forwarded each member of the Board. Communication was recei'wed from the Virginia Department of Highways advising that in accordance with resolution of this Board, adopted on September 18, 1969, the following addition and abandonment were approved, effective October 8, 1969: Addition: Sections 4, ~ and 6 shown on sketch titled "Changes in Secondary Sy~stem Due to Relocation and Construction on Route 678, Project 0~78-002-130 --length 0.37 mile. Abandonment: Sections 1, 2 and 3 on above mentioned sketch - length 0.44 mile. Operational and Fiscal Summary for 1968~and 1969 Fiscal year was received from Mr. Warner and copy mailed to each member of the Board. The request of Dr. Hurt for acceptance of roads in Queen Charlotte Sub- division was again brought up s~ud in discussion with Mr. Shannon Shirley of Virginia Land Company it was learned that this matter has still not been re- solved. Mr. Shirley was asked to request Dr. Httrt to get with t:he local highway department t° determine exactly what is needed and this matter was again deferred. At 9:4~ A.M. the Chairman called for public hearing on proposed amendment to the Planning Commission Ordinance in accordance with notice published in the Daily Progress October 2 and 9, 1969. The County Executive read the amendment as pro- posed. No one from the public appeared in this regard. The amendment was offered for adoption by Mr. ~heeler, seconded by Mr. Yancey, and unanimously adopted as follows: ~ 0P~INANCE TO A~!~D SECTION 2-4 OF THE ~ARLE COUNTY CODE S0 AS TO PROVIDE FOR C0~PENSATION FOB ~ERS OF THE AI~BEN~kRl~E COUNTY PLANNING C0~g~ISSION: BE IT 0BDAINED by the Board of County Supervisors of Albemarle County that Section 2-4, Article II, of the Albemarle County Code, relating to the Albemarle County Planning Commission be, and it hereby is~ amended to rea& as follows: "Sec. 2-4 Composition; appointment, terms and compensation ofn~mbers. The planning commission of the county shall be composed of ten members, one of whom shall be appointed by the Board of Supervisors from its own membership for a term of one year who shall serve in an advisory capacity without voting rights, one of whom shall be the County Executive who shall also serve in an ad- visory capacity without voting rights, and eight voting sembers who shall be appointed by the Board of Supervisors for terms of four years each. Each magisterial district shall be represented when practicable. All members of the planning commission except the County Executive shall receive compensation at the rate of $25.00 for each meeting actually attended, payable monthly, but no member shall receive more than $~0.00 per month. The County Executive shall serve with- out compensation." Communication was received ITom the Junior Women's Club enclosing resolution with regard to telephone service and was ordered te be turned over to Jack Kegley, Attorney, for the hearing now in progress. Communication was received from George H. Gilliam, Chairman of the Community ~ental Health Services Board, advising that Dr. Kenneth Crispell had resigned from said Board for reasons of health. He stated that Dr. Thomas Hunter, Chan- cellor of the Nedical Center, had agreed to serve the balance of this term, which runs through December ~1, 1969, if the governing bodies see fit to appoint him. On motion by Nr. ~neeler, seconded by Mr. Yancey, the appointment of Dr. Hunter was unanimously approved, subject to concurrence by City Council. Statements of expenses of the Department of Finance, the Sheriff's Office, and the office of the Commonseaith's Attorney were submitted for the month of September, t969. On motion by ~r. Yancey, seconded by ~r. Wheeler, these statements were unanimously approved. Statement of expenses incurred in the maintenance of the County Jail vms submitted along with summary statement of prisoner days for the month of tember, 1969. 0n motion by ~r~ Yancey, seconded by ~ir. Wheeler, these state- ments were unanimously approved. Claim of the Jail Physician in the amount of ~?.00, two-thirds of which is reimbursable by the State, was submitted for the month of September, 1969. On motion by ~r. Wheeler, seconded by ~r. Carroll, this statement, was approved for payment. t~eports of the Department of Public Welfare were submitted for the month of September, 1969, in accordauce with Sections 63-67.1 and 63-67.2 of the of Virginia. Claim of the University of Virginia Hospital in the remount of ~174.08 was submitted for hospitalization of indigent patienSs under ~ for the month of September, 1969. On motion by ~ir. Yancey, seconded by ~r. wheeler, this claim was unanimously approved for payment. S.P.C.A. report was submitted for the month of September, 1969, and on motion by Mr. Yancey, seconded by Mr. ~aeeler, was unanimously approved. At ~0:00 A.~. the Chairman called for public hearing on zoning requests as advertised in the ~aily Progress on September 26, October 3 and October 10, 1969: (~) Z~P-06~ - application of Lloyd ~cDaniet to rezone ~.32 acres from A-~ to 1~-1 to construct single family dwellings. (Carried over.) Mr. HumpD~ey advised that he had v~itten Mr. McDaniei to ask if he wished to v~thdraw his application until ~0' right of way is obtained on Beagle Gap P~oad but did not receive a rep~y. Mr. V~eeler advised that he had talked with Mr. ~cDaniel and was advised that his attorney is working on this matter. After discussion, it was ordered that the matter be carried over for rune more month and Mr. ~cDaniel be advised that the request will be dismissed if something is not done about the right-of-way by the next mee~ting. (2) ZI[P-083 - application of Harry J. Brown, Jr. to rezone %.37 acres from to RS-1. Located on south side of t~oute 677 immediately east of Batlard Wood ~bdivi sion. Mr. Humphrey advised that in the opinion of the staff, the requested rezoning of this parcel would be a logical extension of develOpment in the area and the Plarming Commission recommended approval. No one from the public appeared. On motion by Mr. Yancey, seconded by Mr. Wheeler, unanimously carried, the recom- mendation of the Plarming Commission was accepted. 65 (3) EP-12 - ~application of Lester F. Seal, Jr. to place a mobile home on 8.02 acres located on State Route 684. Seal was present. No one appeared in opposition. ~r. Humphrey advised that the staff and the Planning Commission recommended approval of this application subject to Health D~epartment approval of sanitary facilities. On motion by Mr. Yancey, seconded by ~r. Wheeler, unanimously carried, the recommendation of the Planning Commission was accepted. (4) SP-11 - application of James K. Weeks to place a mobile home on 2 acres located on south side of Route 53. No one appeared concerning this application. ~fr. Humphrey advised that the staff and Planning Commission recommended approval for one year with renewal clause if necessary, ~uabject to Health Department approval of sanitary facilities. On motion by Nr. V~eeler, seconded by ~r. Yancey, unanimously carried, the reconm~endation of the Planning Commission waz accepted. (~) HP-14 - application of Luther A. Jones to place a mobile home on 9.17 acres located on t~oute 726. Nr. Jones was present. No one appeared in opposition. ~r. Humphrey advised that the staff and Planning Commission recommended approval of this application subject to Health Department approval of sanitary facilities. On motion by Nr. Carroll, seconded by Nr. Wheeler, unanimously carried, the recommendation of the Planning Commission was accepted. (6) CU-114. Application of the City of Charlottesville for conditional use permit to extend a gas line from an existing facility located south of Route 662 at the City ~eservoir to property owned by ~urray Eanufacturing Company, south of Boute 660. Nr. Clyde Gouldman, City Attorney, appeared on behalf of the City. No one ap- peared in opposition. ~r. Humphrey advised that the Planning Commission recom- mended approval of the application as submitted. On motion by Nr. Yancey~ seconded by Nr. Wheeler, unanimously carried, this request was granted. (7) .Ame~nd~.ent to. Zoning 0rd~oance. A~endment proposed by the Board of Super- visors to permit the followingI us~e in all zoning districts (Article II, IIA, III, IV, ¥, VI, VII a~d V~II~)~ with a Special Permit: .~3.. cmal Permit. A temporary specmal permit may be granted and/or granted con- dmt~onally in such instances as the Board of Supervisors deems proper as being compatible with the use and nature of the adjacent properties for the following temporary construction_~faciiities f~or a period coinciding v~th such construction work~ provided that sa~e and convenient access is available~ proper bonds clean-up and provided adjacent properties ar.e adequately protected. A. Temporary Highway Department Inspector's Office. . ontractors offmce and equapme~t storage yards for contractors who have been awarded contracts by the Virginia Department of Highways. The above use shall not be construed to mean the storage or manufacture or processing of explosives or explosive components. C. Contractors asphalt and concrete processing plants ani aggregate storage for contractors who have been awarded contracts by the Virginia Department of Highways. ~ ' ! Application for such Special ~ermit shall be processed in ~he manner prescribed by Article 13 of this ordinance." No one from the public appeared with regard to this proposed amendment. Humphrey reported that the Planning Commission recommended approval unanimous- ly. On motion by ~ir. Yancey, seconded by ~r. ~heeler~ una.uimousty carried, the amendment as proposed and spread above was adopted. (8) Special Permit -t~ea Construction Co. to place temporary contractors equipment storage yard. Storage of aggregate and concrete processing Plant and accessory facilities on land located on Route 742~ in the southeast quadrant of the intersection of Route 742 and 1-64, in con- j~mnction with the construction of Interstate 64. A representative of Rea Construction Co. was present. No one appeared in op- position. Mr. Humphrey advised that the staff and Planning Commission recom- mended approval of this application on condition that the land be put back into condition as when started~ the special permit to terminate December 31, 1970. On motion by Mr. Yancey, seconded by Mr. Wheeler, unanimouB~y carried, the recommendation of the Planning Commission was accepted. The County Executive advised that communication had be~ received from Langley, McDonald and Overman regarding non-payment of statement~ rendered in connection v~[th the Totier Creek Dam ~roject in the amount of ~21,422.00, which was adjusted on ~ebruary 28, 1969 from ~2[,980.46 as rendered on July ~8, ~968. ~r. Batchetor advised that he coul~ not in good conscience pay this bill without guidance from the Board. He stated that so many changes were not a fault of the County and recommended that s~ offer be made on payment after consultation with the staff and if not accepted, that the County go to Court. After dis- cussion of this matter, Kr. Batchelor was directed to request Mr. Overman to meet with the ~oard regarding this statement. Mr.. Wheeler requested the County'f~xecutive to furnish him with amounts paid on t~ais project to Langley, McDonald and Overman, Law Testing Company and W. S. l~oudabush. Mr. Guy Via appeared with regard to claim of sheep killed by dogs. He stated that he felt the amount allowed of ~4~.00 for eighteen sheep was not a fair allowance. In discussing the matter with the Board as to what he con- sidered fair pound value, Mr. Via's claim was refigured at $[32.40. Mr. ~Fneeler asked Mr. Via if he felt the difference between his allowance and ~[00.00 would be a fair settlement and Mr. Via was v~[lling to accept this amount. On motion by Mr. Wheeler, seconded by Mr. Yancey~ unan~'~ous!y carried, Mr. Via was allowed the difference between the original amount of ~243.00 and $~00.00, or $247.00. ~gr. Yin stated that he felt most loss of livestock was caused by German Shepherd dogs and suggested that a !arger!~tax be placed on such dogs. Mr. Wheeler suggested that the dog warden be asked to discuss this with the Board. ~. Batcheior advised the ~oard that the localities' share of the airport expansion project would amount to $~[4,000.00 rather than $~36,000.00 as was reported to the Board and Council in joint meeting on October 6th. Zt was pointed out that the cost of the north apron expansion with concrete pad would amount to about $152,000.00 with the local share being $76,000.00. The cost of the tie down area is estimated at $78,000.00 and since FAA will not share in this cost, the entire amount will have to be borne by the localities, thus making the total local share $1%4,000.00. After discussion, action taken at the October 6th meeting in this regard was rescinded on motion by Nr. Yancey, seconded by Nr. Carroll, and the following resolution unanimously adopted: WHIP~EAS, bids have been received on expansion of the Char- lottesville-Albemarle Airport and tabulation of said bids by the consulting engineers indicated the low bids to be submitted by Faulconer Construction Company in the amount of $203,237.05 for general construction and by J. E. Murphy Co. Inc. in the amount of $8, ~60.00 for lighting; and 'WHEREAS, said bids have been reviewed by the Cotuuty Engineer and County Executive; NOW, THEREFORE, BE IT 1KESOLVED by the Board of County Super- visors of Albemarle County, Virginia, that the County Executive and City ~anager are hereby authorized to accept the low bids above mentioned and to enter into contracts with Faulconer Construction Co. and J. M. Murphy Co., Inc., and that the total project of $230,000.00 be funded from local funds in the amount of $154,000.00 and application be filed w~.th FAA for Federal funds in the amount ()f $76,000.00. Application was submitted from the School Board for loan in the amount of $800,000.00 from the Literary Fund for school expansion. On motion, by ~r. Yancey, seconded by Nr. Wheeler, the following resolution was adopted by the following recorded vote: AIRES: Garnett, Carroll, ~heeler, Wood, Yancey. NAYS: None. .&BSh~T: Gibson. V~AS, The School Board for the County of Albemarle, on the 16~ day of October, 1969, presented to this Board, an application addressed to the State Board of Education of Virginia for the pur- pose of borrowing from the Literary Fund $800,000.00 for the new school building (or for adding to or improving the present school building) near Charlottesville, to be paid in 30 annual installments,' and the interest thereon a 3 per cent paid annually. itESOLVFiD, That the application of the County School Board to the State Board of Education of Virginia for a loan of $800,000.00 from the Literary ~t~ud is hereby approved, and authority is hereby granted the said County School Board to borrow the said amotuut for the purpose set out in said application. The Board of Supervisors for said County will .each year during the life of this loan, at the time they fix the regular levies, fix a rate of levy for schools or make a cash appropriation sufficient for operation expenses and to pay this l~an in annual installments and the interest thereon, as required by law regulating loans from the Literary Fund. At the request of the County Executive, the following resolution was of- feted by Mr. Yancey, seconded by Mr. Wood, and unanimously adopted: WHEREAS, as a part of the program being carried out by this~ Board for construction of water transmission lines to provide water to serve the areas of Albemarle County near U. S. Route 29 north of the Rivanna River and in the vicinity of the Charlottesville-Albemarle Airport, it has been necessary for this Board to acquire certain ease- ments over and across the lauds of many citizens of Albemarle County to install and maintain those lines; and WHEREAS, most of the landowners involved, recognizing that the water lines will be of benefit to their property and will enchance the value thereof, have conveyed the required easements to this Board upon receipt of nominal consideration or no consideration; and ]~AS, certain of the landowne~r~, na?e~l.y ~r~ii(~i:~z~ie' A. SWlith, Loyal E. Smith, Mrs. L. L. Herron, ~anm mr. au.m m~.s..~?~:V~.~~ Nash, have refused to convey the required easemenvs ~o vnms~moarm upon the basis agreed to by the other landowners; ~- NOW, THEREF0~RE, BE IT RESOLVED that the County Executive is hereby directed to make offers in writing on behalf of this Board to purchase the required easements for said water transmission lines over and across the properties enumerated below, and to pay to the ovmers of each property the sum of $10.00 in cash for such easements; 1. County Tax ~ap 32, parcel 18, ovmed by Lizzie A. Smith. 2. County Tax Map 32, parcel 18A, owned by Loyal E. Smith. 3- County Tax ~ap 32, parcels 20D and 20E, o.v~aed by M~lvin L. Nash and Ruby A. Nash. 4. County Tax Eap 32A, parcel 3, owned by Mrs. L. L. Herron. AED BE IT FI~qTHER BESOLVED that, unless the owners of said proper- ties accept the offers hereby authorized, the County Executive and the County Attorney are hereby directed to institute condemnation proceed- ings to conclusion in order to acquire said easements in b~half of this Board. Mr. Lloyd Wood advised that it had been estimated that the driver educa- tion course would cost approximately $40,000.00. However, bids were much higher than anticipated and it is now felt that $50,000.00 would be needed for this project. He stated that engineer's services could be provided by the County Engineer and an amount of $4,140.00 for contribution in kind could be used as a consideration but an additional local appropriation of $~,000.00 was still needed. ~ter consideration, rules with regard to second reading were suspended and the following resolution unanimously adopted, motion being made by Mr. Wood and seconded by l~r. Wheeler: BE IT ~RESOLVED by the Board of County Supervisors of Atbe- mar!e County, Virginia, that $5,000.00 be and the same is hereby appropriated as Dart of the County's share of construction of a driver education course. Mr. Wood stated that for a number of years the County has been out of proportion in so far as representation goes and he feels i~-is the responsi- bility of this Board to see that each person is equally represented and wishes to go on record to see that this is done. After discussion, ~otion was made by ~[r. 'Wood, seconded by ~r. Wheeler,and unanimously carrie~ stating that this Board will on its own motion petition for reapportionment prior to the next election of members of this Board as soon as practical and as close to election date as possible to assur~ better representation. The following report was received I~£om the County Attorney and the County Executive: "At the September meeting of the Board of Supervisors, the Board was requested to change its regular time for meetings to hold all of its regular meetings at night. This request was made by the Reverend Ford and a delegation of citizens who accompanied him to the September meeting. The principal argument for the request was that it would be more convenient for members of the public to attend the Supervisors' meetings if they were held at night. The Board took the request under consideration and asked the County Executive and County Attorney to look into the matter and make a recommendation to the October meeting of the Board of Supervisors. Mr. Batchelor and I have conferred about this matter and I have investigated the requirements of law with respect to Supervisors' meetings. The law of Virginia regarding regular meetings of County Boards of Supervisors is set forth in Section 1~.1-~36 of the Code of Virginia and provides in part as follows: "The first meeting held after the newly elected members of the governing body shall have qualified and the first meeting held in the corresponding month of each succeeding year shall be known aS the annual meeting, mud the first meeting held in the sixth month thereafter shall be known as the semi-annual meeting. The days, times and places of regular meetings to be held during the ensuing twelve months shall be established at the annual meeting. Provided, however, that if the governing body subsequently shall prescribe any public place other than the courthouse, or any time other than that initially established, as a meeting place or time, the governing body shall pass a resolution as to such future meeting place or time ~ud shall cahse a copy~of such resolution to be posted on the door of the courthouse and inserted in a newspaper having a general circulation in the county once a week for two successive weeks prior to the first such meeting at such other place or time." If the time of this Board's regular meetings is to be changed, it would be necessary, therefore, to pass a resolution providing for such change and .to cause a copy to be posted and to be advertised in the newspaper for two successive weeks. If these steps are followed, there is no legal reason Why the meeting time cannot be changed. There are other considerations involved, however, in any decision to change the meeting time. As you gentlemen know, you frequently make unexpected calls upon various County employees for information to assist you in deliberations and decisions at your regular meetings. 7O It is much more convenient for all concerned to have meetings during working hours in order that the various County employees may be readily av&itabie. lit. 'Batchelor and I recommend~ ~_ to the Board that no immediate decision be made to change the time of your regular meetings, if the Board feels it desirable to experiment with night meetings between now and the end of the current year, we-..~duld suggest that special meetings be called or that the regular meetings be adjourned from the third Thursday in each month to some specified evening during that month. This would not eliminate the requirement that you continue to meet on the third Thursday in each month, but the special or a~journed meetings could be held in addition to the regular meetings. 'We believe that there might be some advantage in holding SUCh special or a~journed meetings, not only as an experiment to determine the advisability, of evening meetings in the future, but also to lighten the burden of the regular Thursday meetings. We would suggest that, if evening meetings are held, the meetings Should consist of matters to be presented by the public for a specified and limited time at the beginning of the meeting and the remainder ~f the meeting be devoted to public hearings on zoning matters. Other business of the ~oard would continue to be conducted at the regular meetings on the third Thursday of eac~ month.~ If experience shows that the night meetings are desirable as a regular thing~ an appropriate resolution could be adopted at the annual meeting of the Board in January prescribing evening meetJ_ugs for regular meetings of the Board, either i_u addition to day meetings or in place thereof. In short, it is o~ recommendation that the ~oard act cautiously in consider- ing any change of the present system for regular meetings." (Signed) D. B. Marshall, County ~orney On motion by Mr. Wheeler, seconded by I~r. Wooi, the foregoing recommendation was unanimously accepted. Mr. Garnett appointed ~. Gordon L. Wheeler and Mr. Jo.hn L. Humphrey to serve as this Board's representatives on site selection committee for a new mai~ library. Resolution was received from the Chamber of Commerce urging that the State Department of Highways proceed with necessary appropriations and ~mrk to al- leviate the serious situation at the intersection of 01d Ivy Road and U. S. Highway 2~0. Claims against the County amounting .to ~766,293.71 were presented, examined and allowed~ and certified to the ~irector of Finance for payment and charged against the following funds: General Revenue ~und General Operating Fund School Operating Ftuud Capital Outlay Fund Virginia ~ubiic Assi stance Fund Dog Tax Fund County '~Vater Systems Town of Scottsvilie 1~ Local Sales Tax Commonwealth of Virginia Current Credit Account Total 85, ~6.69 32,082. ~, 333.40~ 59.~3 12,.177.. 54: ¢766,293. ? 1 On motion, the meeting was adjourned. Chairman