HomeMy Public PortalAbout1972_07_26 1.66
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JULY 26 , 1972 .
A regular meeting of the Leesburg Town Council was held in the
Council Chambers , 10 West Loudoun Street , Leesburg , Virginia on July
26, 1972 at 7 : 30 P.M. The meeting was called to order by the Mayor,
with the prayer by Councilman Hill . Those present were : Mayor Ken-
neth B . Rollins , Councilmen G. Dewey Hill, Walter F . Murray, John W.
Pumphrey, C . Terry Titus and John A . Wallace , Jr. ; also Town Manager
James W. Ritter, Jr. and Town Attorney George M . Martin. Absent from
the meeting was Councilman Robert A. Orr.
The Minutes of the regular meeting of July 12 , 1972 were corrected
by Councilman Titus on the second page , sixth paragraph at the end, to
read as follows : "the date of its acceptance by the Town Manager."
The Minutes , as corrected, were then approved.
Town Manager James Ritter reported as follows :
(1) He would like authorization for Carroll Concrete Construction
Co . to go ahead with the proposed curb and gutter and sidewalk work.
The street resurfacing cannot start until some of this work is completed.
They did some work for us last year, which was very satisfactory . . The
prices seem to be in line , although slightly higher than last year, how-
ever, the price of concrete has risen.
(2) The International truck is the same as the one we purchased
last year for the Sewer Plant . It is $200 higher, which is the manu-
facturer 's increased cost . This is a discount of $931 .00.
(3) The lowering of the 4" water line from the Firemen 's Well to
the Ground::Storage Reservoir is an item that was not taken into con-
sideration on the Hospital project from the Bastien 's back line to the
Town Branch. This line had to be lowered 9 feet and was absolutely nec-
essary.
(4) The resurfacing work should be advertised pretty quickly .
There is $23 ,000 in the Budget for this work, however, it will prob-
ably increase $2,000 to $3 ,000 due to the fact that the surface treat-
ment
work at the Sewer Plant has been added since the Budget figure
was established.
(5) $9N600 is a good price for the two-way 100-watt radio. This
is a stronger7than what we have now and we need it for our third car.
Hankey already has it on hand .
(6) He would like to discuss the proposed Urban Project on East
Market Street from Catoctin Circle eastward to the By-Pass at the Street
Committee meeting. Dick Blackwell , Mr. Chaves and Mr. Bozel - went to
Richmond last week to discuss with Lonny Bolton the plans Dewberry, Nea-
lon:_and Davis are preparing on Route 7 and Catoctin Circle . Mr . Bolton
said the Highway Department would pay 85%, leaving 15% for the Town to pay.
There was discussion about the possibility of bringing the four-lane road
in as far as MacDonald 's . It would be impossible to go as far as Loudoun
Street at this time and we do not have to agree to one-way streets to come
as far as MacDonald 's . There were several other items discussed in Rich-
mond that he would like to discuss with the Committee before any action is
taken . Mayor Rollins asked about the plans on Route 15 South. Mr. Ritter
said they made a survey a long time ago and we have heard nothing - he
will check into this .
(7) The Performance Bond submitted by S . 0. Jennings Construction
Corp. on the Dry Mill Trunk Sewer has been approved by the Town Attorney
and the insurance has been approved by Armfield, Harrison and Thomas .
(8) Mr. Pryor of VEPCO met with the Street Committee and pre-
sented his recommendations for increasing the lighting levels beyond the
downtown section. The majority of these lights are only 2500 lumen and
it would be proposed to install 30-11,000 lumen and 6-7 ,000 lumen lights
in the outer limits , giving a gradual reduction of lights as you go out
of the downtown area . The extra cost would be around $2,000 per year.
There was an increase for lighting in the Budget of $700, which would
take care of a portion of this .
ICRIL
MINUTES OF JULY 26 , 1972 MEETING.
(9) He was in touch with John Moran the other day regarding his
half of building Washington Street and he is about to get started on
this work. The Town has agreed to pay for the other half of the street,
including curb and gutter .
(10) We have no -word from HUD yet on our Federal Grant. They had
inquired of Johnson and Williams if the Town had acquired the land and
we have assured them that we have not. He understands that we are in
a more favorable position to receive a grant if we have not acquired
the land .
(11) He wrote to Perry Engineering Co. yesterday on the King Street-
Church Street Storm Sewer Project . The job was awarded about three
months ago and has been held up due to an underground conduit owned by
C & P and a pole owned by VEPCO within the right-of-way . He told them
to begin construction within seven (7) days and believes this is one
method by which to get C & P and VEPCO to move .
(12) We have received no signed easements yet on the Fisher-Bishop
VP' Storm Sewer . Gulf Oil Company has called from Richmond and said they
have signed their Deed and it will be delivered by their representative .
..: We need an easement from Donald Weiller, who owns the Cities Service
GL Station. He has retained Sam Engle as Attorney and Doug Pratt as Con-
sultant and he is working with them on this easement . Dewberry, Nealon
and Davis is working up an estimated cost on shifting the line on Bishop
to meet with their request and , as soon as their cost is known, the
Bishops will be notified that they will be expected to pay for this cost .
(13) He and Mayor Rollins have an appointment in Richmond with the
State Water Control Board on Friday morning to discuss the Sewer Plant
Expansion.
(14) He talked to Southern Line Cleaning today and we are next on their
schedule . The U. S. Corps of Engineers appropriated three of their crews
111 for work in Pennsylvania after the hurricane , so this has delayed them.
(15) Fliers have been prepared, asking customers about drainage into
the sanitary sewer system, and will go out with the next water bills .
(16) He has talked with Mrs . Carr about a site on her property near
Westinghouse for our standpipe for the Potomac River Project. She said
we cannot locate the tank at such an elevation that it would be above
the Antenna Range - this is because the radio emission signals would
bounce back from the metal tank. He said he looked at it today and he
does not believe it will be possible to locate the tank aiyahere in this
vicinity , so they will have to look for another site. She wants to be
in on the consultation and he assured her sh3would be. He is trying to
set up a meeting with her and with Johnson and Williams for the week of
August 14th.
(17) He has notified Reed, Hoyt , Washburn & McCarthy to go ahead
with the necessary resolutions for the Bond Sale , and the State Treas-
urer ' s Office to try to set the date of sale for the 1st part of Oc-
tober. He also notified Yount, Hyde & Company that we will need the
Audit for the brochure .
Councilman Hill asked if Mrs . Carr gave any indication of how far
away we would have to be from the Antenna Range. Mr. Ritter said we
cannot be above them, but he does not know how far distant . She will try
to find out if there is a minimum horizontal distance .
Councilman Wallace called attention to the grass growing up in the
brick sidewalk on Market Street between King and Church.
Councilman Titus reported that the Planning Commission is in the
process of selecting a consultant for the proposed Comprehensive Master
Plan and they hope to have one selected by the first meeting in August.
There will be some major policy decisions to come before the Council and,
if there are items which Council feels should be considered of major im-
portance, he will be glad to convey these items to the Commission.
1:b b
MINUTES OF JULY 26 , 1972 MEETING.
Councilman Pumphrey asked if anything has been heard from Mr. Bab-
son on the sewer easement . Mr. Ritter said he understands the time limit
will expire sometime this month by which Mr. Vandevanter can contest the
Court ' s decision. Town Attorney Martin said he thinks Mr . Babson is
concerned about another easement the Town has across the triangle that
he would like to have eliminated. Councilman Pumphrey said he thought
we were going to get this whole end dedicated. Mr. Forbes said he dis-
cussed it two different ways , however, he doesn ' t think he has any claim
to it - it has been used for many years by the public and the Town has
been maintaining it .
Councilman Pumphrey said he thought Mrs . Reynolds was going to
take care of trying to solicit donations towards the Christmas decora-
tions . Mrs . Reynolds said she would, however, Mr. Ritter will have to
notify her when they have been received and how much the bill is.
On motion of Councilman Pumphrey, seconded by Councilman Titus , the
following resolution was unanimously adopted :
BE IT RESOLVED by the Town Council of the Town of Leesburg ,
that Carroll Concrete Construction Co . be authorized to pro-
ceed with the concrete work , as shown in their proposal of
July 14, 1972 .
Councilman Titus commented that the Street Committee has discussed seve
ral times the need for a list of sidewalk , curb and gutter work needing:
to be done and the setting of priorities for same .
On motion of Councilman Murray, seconded by Councilman Pumphrey, the
following resolution was unanimously adopted:
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that Loudoun Truck Center 's bid of $3 ,661. 59 of July 14 ,
1972 for a 1972 International 1310 Dump Truck be accepted.
On motion of Councilman Pumphrey , seconded by Councilman Titus ,
the following resolution was offered :
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that Perry Engineering Company 's proposal of July 14 , 1972
for lowering the 4" water line from the Firemen 's Well on
the Hospital Project in the amount of $1,537 . 00 be accepted.
Councilman Hill said this brings up the problem of lines being overlooked
when plans are prepared and before bids go out . It is his hope that the
Town will require contractors to give the Town "as built" drawings of
all underground lines so that it will not be a hit and miss proposition
to try to find them. Councilman Titus said it is hoped this problem will
be finalized at a meeting to be held on Friday . Mr. Ritter explained
that this was to have been just a ditch to drain the water but , after they
got into it and saw the Well, they knew something else would have to be
done . He said it was the fault of both Dewberry, Nealon and Davis and
the Town for not catching it on the plan . Mayor Rollins questioned pav-
ing this ditch . Both Mr . Ritter and Mr. Chaves said it would be paved
just around the radius at the Well to keep it from washing . The above
resolution was then unanimously adopted.
On motion of Councilman Pumphrey , seconded by Councilman Murray,
the following resolution was unanimously adopted :
BE IT RESOLVED by the Town Council of the Town of Leesburg ,
that the attached Resurfacing Schedule be advertised for bids .
On motion of Councilman Wallace , seconded by Councilman Titus , the
following resolution was offered :
BE IT RESOLVED by the Town Council of the Town of Leesburg ,
that authority be given for the purchase of a new two-way
radio for the Police Department from Hankey 's Radio, in ac-
cordance with their letter of July 13 , 1972 , at a price of
$970 .00.
1'.6,9
MINUTES OF JULY 26 , 1972 MEETING.
Councilman Hill said he had talked with 'Councilman Murray about this radio
and he thought this was one of the items for which we made application
for assistance . Mr. Ritter said this is not one of the items , however,
•
he knows no reason why we should not qualify. Mr. Hill asked if this is
a low frequency radio that will be obsolete when the County goes on a-
nother frequency . Mr. Ritter said no-one knows when this will take place. .
Councilman Murray could see no harm in putting in an application for re-
imbursement - they can do no more than turn us down. He also said he
• understands Acting Chief Kidwell is working on four items needed by the
Police Department , which should be requested by us , and he thinks this
could be put in one request . They will also consider a request for an
additional Police officer. The request has to go before the Law En-
forcement Committee first , then Councilman Gibson presents all of the
requests to the Commission. On motion of Councilman Titus , seconded
by Councilman Hill, Council voted unanimously to amend the above reso-
lution by adding the following :
AND BE IT FURTHER RESOLVED, that the Town Manager. be directed
to request reimbursement for this item from the Northern Vir-
ginia Planning District Commission.
Q The resolution , as amended, was then unanimously adopted. Councilman
C Murray suggested that Councilman Hill take a copy of this resolution
[s. to the meeting tomorrow night .
Mayor Rollins asked Town Manager Ritter to check on the plans for
the dual-laning of Route 15 from Catoctin Circle to the By-Pass on King
Street south.
Councilman Wallace reported that the Laws and Administration Com-
mittee met with Mr. Myers regarding a possible "sidewalk sale" and found
that both the Town Code and the Zoning Ordinance prohibit this . He
said they cannot argue the zoning rules . It is the Committee 's opinion
that the Town should have advertised for a change in the Ordinance, if
this is what they want to do, and take it throup the proper channels .It is not something the Committee wants to say No" to but , at the same
time , they do not want to liable the Town to something that might be
dangerous to the Town or the merchants . They feel that this is at
least a year or some months ahead of time . They think the Town should
go through the routine for a public hearing , etc . , as it should be done,
and they feel that the whole Council should act on this. Mr. Myers then
addressed Council, stating that he and the other interested parties had
nothing new to be offered . He said they understand the legal situation
and certainly do not want to put the Town in a position where they might
possibly be liable for some accident. He said they are already liable
for accidents on the sidewalk. He realizes that they did not give enough
notice, but requested the Council to schedule a hearing and go through
the proper channels. to make it possible to have a sidewalk sale at a-
nother time . He explained that this is not to be a constant sale , but
only for several days a year - it is possible that some of the merchants i
in Leesburg might want to run a promotion, such as Winchester or Purcell-
ville , sometime this fall . Councilman Wallace thought a waiver would be
permitted . Councilman Hill questioned how much of the sidewalk would be
taken up with display of merchandise and whether people would be walking
in the street . Mr. Myers explained that there are a number of ways it can
be done , but it would have to be worked out with the Committee and the
Council . Town Attorney Martin said he had been requested to look into
this matter by the Committee and he did not feel that the Zoning Ordi-
nance requirement is the one to be concerned with , that it does not ap-
ply to this situation. He is concerned with Section 20-12 of the Town
Code , he does not think the Town needs this law in their book since it
is a general law. His recommendation would be to repeal this section.
There is another section in the State Code, Sec . 15 . 1-14 , which permits
the temporary closing of streets , with the firm or firms so involved fur-
nishing liability insurance . He does not think the Zoning Ordinance has
any business governing something that there is a State Statute on and
suggested that it be amended quickly . He would think the merchants could
be given permission to hold this sale but they would have to furnish the
necessary insurance coverage , etc . Councilman Wallace read a proposed
resolution, but this was not seconded or any action taken on it . Mr .
Forbes explained the wording of the Zoning Ordinance, however, Mr. Martin
11 TO
MINUTES OF JULY 26 , 1972 MEETING . .
thinks this is poorly worded. He said a permit would have to be granted
each time . Mayor Rollins suggested that the Finance Committee rediscuss
this with the parties involved and have the repeal of the applicable sec-
tions of the Code andthe required insurance liability on the next Agenda .
Councilman Wallace said he would like to have a sketch of what they pro-
. pose to do, as well as a sketch from the Chamber of Commerce on the Cart
Mart, in order to determine liability. He also said he would like for
Mr. Ritter to contact the Chamber and tell them what they are going to
have to do to conform to the Town ' s requirements and provide a sketch.
Also , he would like for him to set a time for them to appear before the
Committee , in order that they might tell them what they will have to do -
On motion of Councilman Titus , seconded by Councilman Pumphrey,
the following resolution was unanimously adopted :
BE IT RESOLVED by the Town Council of the Town of Leesburg ,
that Performance Bond in the amount of $223,314.00 submitted
by S . 0. Jennings Construction Corp. for work on the Dry Mill
Trunk Sewer (Section 2) be approved.
Mr. Ritter said they started to work Monday and are drilling and shooting
prior to excavation. Mayor Rollins asked if everything is checked out
as far as serving all the basements in the Dry Mill area . Mr . Ritter
says it has been. He also said Mr. Blackwell will be present at the
Street Committee meeting to discuss the bill'on this , as well as on
other items .
On motion of Councilman Pumphrey, seconded by Councilman Titus , the
following resolution was unanimously adopted:
BE IT RESOLVED by the Town Council of the Town of Leesburg ,
that VEPCO be given authority to increase the lighting levels
on Market Street , extending east and west of the business sed-
tion, in accordance with their letter of July 26 , 1971 .
On motion of Mayor Rollins , seconded by Councilman Murray, the
following resolution was unanimously adopted:
BE IT RESOLVED, that the North American Bank & Trust, Leesburg,
Virginia , is hereby designated as the depository of the Town of
Leesburg , in Virginia , and that a checking account shall be
maintained at said bank in the name , "Town of Leesburg, Utility
Availability Fund . "
BE IT FURTHER RESOLVED, that checks , drafts , bills of exchange,
and acceptances or other orders for the payment of money from
said account shall be signed, on behalf of this Town and in its
name , by any two of the following officers , namely : Town Manager,
Town Treasurer and Deputy Treasurer.
BE IT FURTHER RESOLVED, that the Treasurer is hereby authorized
on behalf of this Town and in its name , to endorse checks, bills ,
certificates of deposit , or other instruments owned or held by
this Town, for deposit in said account or for collection by said
bank; however, the endorsement of such instruments may be made
by rubber stamp endorsement containing the name of this Town
without a signature, or by the endorsement of any person by such
writing as to designate that the instrument is intended to be
credited to the said account ; to accept drafts , acceptances , and
other instruments payable at said bank ; to waive demand, pro--
test and notice of protest or dishonor of any check, note, bill
of exchange , draft , or other instruments made, drawn or endorsed
on behalf of this Town . However, strict compliance as to the
words "Town Manager", "Treasurer" , or "Deputy Treasurer" , ap-
pearing after the names of said officers on any of said instru-
ments for the payment of money from said checking account shall
not be required.
BE IT FURTHER RESOLVED, that North American Bank & Trust, Lees-
burg , Virginia , is hereby authorized to honor , receive, certify,
or pay all instruments signed in accordance with these resolu-
tions , even though drawn or endorsed to the order of any officer
In'
MINUTES OF JULY 26 , 1972 MEETING. •
signing the same or tendered for cashing , or in payment of
the individual obligation of any such officer, or for deposit
to his personal account , and said bank shall not be required, or
be under any obligation to inquire as to the circumstances of
the issuance , or use of any instrument signed in accordance with
these resolutions , or the application, and disposition of such
instrument , or the proceeds thereof. -
BE IT FURTHER RESOLVED, that North American Bank & Trust, Lees-
burg , Virginia , is hereby relieved of and discharged from any
111 and all liability by reason of the payment of checks, drafts ,
notes , bills of exchange , acceptances or other orders that
have heretofore been charged against the account of this Town
with said Bank, regardless of the signatures thereto, and the
manner in which said signatures are made, and said Bank is fur-
ther relieved of and discharged from any and all liability by •
reason of the acceptance of any checks, bills of exchange, or
other instruments that have heretofore been deposited to the
account of this Town with said Bank , regardless of the endorse-
ment thereon and the manner in which such endorsements were made.
a' BE IT FURTHER RESOLVED, that the Clerk of the Council shall cer-
G tify to said Bank, the names and signatures of the presently duly
CL qualified and acting town manager, treasurer and deputy treasurer
r^- of this Town, and the Clerk of the Council shall , from time to
G time hereafter as changes in the personnel of said officers are
made , certify such changes to the bank, and the bank shall be
fully protected in relying on such certifications of the Clerk
of the Council and shall be indemnified and saved harmless from
any claims , demands , expenses , loss or damage resulting from,
or growing out of honoring the signatures of any officer so cer-
tified, or in refusing to honor any signature not so certified,
or in refusing to honor any signature which may be replaced
through changes made by any such certification.
BE IT FURTHER RESOLVED, that said bank is hereby authorized and
directed to rely and act upon the foregoing resolutions from and
after the date of their adoption, and that the foregoing resolu-
tions shall remain in full force and effect until written notice
of their amendment or rescission shall have been received and
acknowledged by said bank, and that receipt of any such notice
shall not affect any action taken by said bank prior thereto.
BE IT ALSO RESOLVED, that the Clerk of the Council is hereby
authorized and directed to certify to North American Bank & Trust,
Leesburg , Virginia , the following resolutions : "That the provi-
sions thereof are in conformity with the charter and ordinances
of this Town , and the laws of the State of Virginia . "
I, the Clerk of the Council of the Town of Leesburg, in Virginia ,
further certify that the Council of the Town of Leesburg is au-
thorized and empowered to adopt the foregoing resolutions by vir-
tue of its charter and ordinances , and pursuant to the laws of
the State of Virginia .
I further certify that the names and official signatures of the
presently duly qualified and acting Town Manager, Treasurer, and '
Deputy Treasurer of the Council of said Town are as follows :
Office Name Official Signature
Town Manager James W. Ritter, Jr .
Treasurer W. Emory Plaster, Jr .
Deputy Treasurer Virginia R. Embrey
IN WITNESS WHEREOF , I have hereunto subscribed my name and affixed
the seal of the Town of Leesburg, in Virginia , by direction of the
Council this day of July, 1972 .
Clerk of the Council of the
Town of Leesburg, in Virginia
MINUTES OF JULY 26 , 1972 MEETING .
Mayor Rollins appointed the following as members of the Board of
Architectural Review, their terms to be effective from June 26 , 1972
to June 25 , 1975 :
Phillip Brownrigg
Maurice R. Lowenbach, Jr .
Dick A. Richards
Karen U. Jones
Councilman Titus reported that the Board of Architectural Review had
quite a discussion over the destruction of the Mozelle Carr property
on East Loudoun Street .
On motion of Councilman Wallace, seconded by Councilman Murray,
the four appointments above to the Board of Architectural Review, said
appointments being from June 26 , 1972 to June 25 , 1975 , were unanimously
• confirmed by Council .
Councilman Titus asked Mr. Ritter if he has heard anything from
Mr. Al diZerega about the ditch on his property off of Route 7 . Mr.
Ritter reported that he had, but Mr. diZerega refused to grant the Town _„
permission to go on his property to open this ditch.
Councilman Titus also said he understands the proposed Flood Plain
Study will end at Dry Mill Road and he would like to see them continue
it on to the bottom of the mountain. If they cannot do this , perhaps
the Town can help in some way , but he thinks it should be done. It was
the consensus of Council that the Conservation Service be asked to con-
tinue this Study to the bottom of the mountain . Mr. Chaves commented
that the pipe took all of the water during the last rain. Mr. Ritter
said Mr. King said the flood level was five feet below the floor level
of the present town houses under construction on Dry Mill Road. There
was some discussion as to whether these houses are within the flood plain,
but decided that this was premature since the flood plain has not yet
been established .
Mr. Charles G. Jones , President of North American Bank and Trust,
addressed Council , asking that something be done to get the storm sewe
built from King Street to Church Street that goes through the property
belonging to Lesluke Corporation (and from whom the Bank leases space
and the Times-Mirror property. VEPCO has a pole within the right-of-way
and C & P has buried cable . Both have kept putting off moving these
utilities and Perry Engineering Co . is waiting for them to move first.
He referred to the letter that Mr. Ritter had written to Perry Engineer-
ing yesterday, ordering them to start construction next Monday . It is
up to the Town to see that this construction goes forward and he feels
that this should be pushed. Councilman Murray said he believed the dam-
age wrought by the hurricane had taken most of the time by VEPCO and C & P,
therefore, he could understand why they have not gotten to this work. -
Mayor Rollins asked about paving Honicon Court . Mr. Ritter said
he is getting a price from Perry on this . He also asked how many days it
has been since VEPCO said they were going to move the poles on Dry Mill
Road. Mr. Ritter said they said it would be 10, but it has now been 17
and nothing has been done yet . Councilman Murray again referred to the
damage done by the storm.
Mrs . George Reynolds asked what action will be taken now that Mr.
• diZerega has refused to let the Town open the ditch across his property.
She related what had taken place during the hurricane and asked that
Council consider some relief for this problem. It was suggested by
Councilman Murray, and the general consensus of Council, that a letter
be written to Mr . diZerega from the Council concerning the disposition
of surface water crossing Route 7 from his property between now and the
time a permanent solution would be forthcoming due to his development of
this property . Mrs . Reynolds asked that they be notified of his answer.
Councilman Titus said he was the one who moved to table this resolution
cor'ce -ning an easement across Mr. diZerega 's property and, if no solution
is reached, he would move to take it out of tablement .
On motion of Councilman Wallace , seconded by Councilman Murray, the
meeting was adjourned at 9 :25 P.M.
7 ) / Mayor
Clerk of 9e Council
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