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HomeMy Public PortalAbout1974_11_27 109 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, NOVEMBER 27, 1974. A regular meeting of the Leesburg Town Council was held in the Council Chambers , 10 West Loudoun Street, Leesburg , Virginia , on No- vember' 27, 1974 at 7 :30 P.M. The meeting was called to order by the Mayor, with Councilman Bange offering the prayer, and followed by the Salute to the Flag. Present were : Mayor G. Dewey Hill, Council- men Charles E. Bange, Robert A. OrrHerbert L. Ridder, James A. Rock and C. Manager Titus ; also Town James W. Ritter, Jr. and Deputy Town Manager E . Wesley Devero. Absent from the meeting was Councilman Mary Anne Newman . The minutes of the regular meeting of November 13, 1974 were ap- , proved as written. Mr. Frank Raflo, member of the Loudoun County Board of Super- visors , addressed Council concerning a letter received by both the County and the Town from the State Water Control Board dated November 20 , 1974, which letter stated that, unless application for a Federal Grant to proceed is submitted before January 1, 1975 , the monies set aside for Planning Study Area I will be used elsewhere . Mr. Raflo ' s comment was that this letter is a "carele"ssiy contrived collection of comments calculated to cause confusion and consternation. " In talk- ing with Mr. Hallett and other members of the Loudoun County Sanita- tion Authority, Mrs . Packard of the Fairfax County Board of Super- visors, and head of the Public Works Department for Fairfax, Mr. Raflo said that all felt that the Town of Leesburg 's and the County of Loudoun 's request for a delay of the M/R Plan to July 1st has been completely ignored. It was Mr. Raflo 's hope that the Board of Super- visors will take a position concerning this at its meeting next Tuesday and he would like this position to be in accord with the Town 's position. This matter was discussed at length by members of the Council and Mr. Raflo, with' discussion including when a suit might be filed against the Water Control Board and the possibility of advising the EPA that the Town and the County do not want this plan - at all. It was also hoped that Fairfax County might join in this position. Mr. Raflo hesitated to go to Court before Leesburg and Loudoun County have received a definite "No" from the Water Control Board. He would like to recommend to the Board that they support the position of the Sanitation Authority, which is "to get an answer and thengo on to Court. " Mr. Raflo felt that another conference with Fairfax County is necessary in order to definitely establish its po- sition and he suggested that perhaps that preparation for such a meet- ing should get underway. It was suggested that a member of each Board and the Commonwealth 's Attorneys of t4%Aurisdictions might meet concerning this . Mr. Raflo pointed out that/somebody goes to Court and opposes this , the M/R Plan can go no further. On motion of Councilman Titus , seconded by Councilman Rock, the following resolution was proposed: BE IT RESOLVED, that the Mayor be authorized to write the State Water Control Board and ask them to delay the imple- mentation of the M/R Plan until July 1, 1975 and request an answer by December 19, 1974 . Mr. Raflo felt that it would be advantageous for the letters to go out the same day . The resolution was then unanimously adopted, as shown: Aye : Councilmen Bange, Orr, Ridder, Rock, Titus and Mayor Hill. Nay : None . Councilman Orr was called from the meeting at this time . Town Manager Ritter reported as follows : (1) We should receive our Audit by next week. (2) On the well site they have been discussing west of Virginia Knolls, he met with the property owners on November 8th, then followed this up with a letter outlining exactly what the Town wants to do. There are five partners involved in these two properties and he will continue to try to contact them by telephone . We need to get started on this project very soon. 110 MINUTES OF NOVEMBER 27 , 1974 MEETING. (3) There is a strip of land needed in conjunction with the above-mentioned well site at the end of Shenandoah Street. We need an easement for an access road and a water line across that. This property belongs to Research Homes and' they have been contacted. (4) He met with VEPCO yesterday to discuss electric rates and to determine the formula they use to arrive at the bill . He explained this in detail. Also, there has been no answer from VEPCO as yet con- cerning a Memorandum from the Virginia Municipal League presented to them on November 1st. This memorandum' recommended that all local governments pay bills on the old rate and apply the new fuel adjust- ment factor to it . (5) At the last Public Works Committee meeting, he brought to their attention the latest estimated cost by DND on the gabion mat- tress and paved ditch to be installed in the easement on the School Board property. This is estimated to cost between $40,000 and $50,000, which is a much larger figure than anticipated. He then tried to get a price from three companies (Hazel and Co. , Gull Co. and Perry Engineering Co:) . He has not yet received a price. A . decision needs to be made pretty quickly, but a reasonable price is needed. He has not yet presented the Deed to the School Board for signature because the Deed spells out exactly what the' Town is to do. Once we present the Deed, the Town is obligated to do this work. In connection with Item 5 above , Mayor Hill said he had talked with Mr. Raflo and Mr. Vorous,i member of the School Baord. Both had heard a radio commentary on this matter and were surprised to learn that it would take another $20,000 to complete the project . Mayor Hill went on to explain the Town 's feeling about the cost of this project for Mr. Raflo 's benefit. Mr. Raflo said he had talked with Mr. Vorous and would be glad to talk with him again. He suggested that the Town ask the Board of Supervisors for cooperative assistance on this project since the cost has escalated. Mayor Hill asked Mr. Ritter to secure a position on the School Board 's Agenda to' discuss this matter. Councilman Titus suggested that Mr. Ritter be instructed not to deliver the Deed until this matter is cleared up, however, there was no action on this . - Councilman Titus asked that the Public Works Committee discuss the Water Report prepared by Mr. Ritter and the matter of flood in- surance at its next meeting . He also asked if any action is neces- sary on the study done by Chief Kidwell on street markings , etc . He.complimented Chief Kidwell on this study. Mr. Ritter reported that he is securing a cost on the equipment necessary to implement this study and should have it for the next Public Works meeting. Councilmen Titus and Ridderboth called attention to poor sight distance at the corner of Loudoun and Liberty Streets when cars are parked too close to the intersection . Councilman Bange also called attention to a tree which blocks vision. Chief Kidwell suggested the removal of the white lines indicating a parking space on this corner, as well as a "No Parking" sign, with a notice that cars illegally parked will be towed away. It was suggested that a copy of the Town 's Code concerning parking violations be sent to the resident living on the northwest corner of this intersection. Councilman Bange asked that the Public Works Committee discuss wrecked cars and trucks and tractor trailers that are constantly parked on South Harrison Street between Market and Loudoun Streets and take some action to eliminate this situation. Mayor Hill publicly thanked Council and residents of the Town for their acts of kindness relating. m his mother 's illness and called attention to the fact that Councilman Titus has had illness in his family. Mayor Hill also called to Council ' s attention that George G. Fairall ' s term of office on the Board of Zoning Appeals will expire on December 31st and asked that Council be thinking about a reap- pointment or another appointment. He also referred a consumer's complaint concerning a merchant to the Finance and Administration Committee for consideration . 111' MINUTES OF NOVEMBER 27 , 1974 MEETING. On motion of Councilman Rock, seconded by Councilman Ridder, the following resolution was proposed: BE IT RESOLVED, that the Town Council of the Town of Leesburg hereby adopts the Leesburg Airport Rules, as attached, and that the Airport Advisory Committee shall act as an arm of Council to oversee said rules and regu- -. lations of operation of the Airport . Changes and corrections were made to the Rules and Regulations by Councilmen Rockkand Ridder, with concurrence by the other Council members . There followed lengthy discussion, with Mr. John A. Wal- lace, Jr. , member of the Airport Advisory Committee , participating. This discussion included the question of- the powers of an "airport manager" as spelled out in the Rules and Regulations , particularly after such time as additional leases are consummated with other fixed base operators ; the differentiation of an "airport authority" as opposed to the "Leesburg Airport Advisory Committee" and the em- ployment of counsel versed in Airport law. It was pointed out by Mr. Wallace that these Rules and Regulations have been approved by the FAA. The resolution, as corrected, was then adopted by a vote of 4 for and 1 abstention, and is shown below: BE IT RESOLVED, that the Town Council of the Town of Lees- burg hereby adopts the Leesburg Airport Rules , as attached, and that the Airport Advisory Committee shall act as the body designated by the Council to oversee and maintain cogni- zance over the Airport and its rules and operations. Aye : Councilmen Bange , Ridder, Rock and Mayor Hill. Nay: None. Abstention : Councilman Titus . • A copy of the above-mentioned Rules and Regulations may be seen in the Town Manager 's office. . An engineering. proposal from Bengtson-DeBell , Inc . for an In- filtration/Inflow Analysis of the Sanitary Sewer System was explained in detail by Councilmen Ridder and Bange, with lengthy discussion fol- lowing. Mayor Hill referred this proposal, as well as a proposal from Southern Line Cleaning Co. , back to the Public Works Committee for evaluation and recommendation to Council at the next meeting. On motion of Councilman Bange, seconded by Councilman Ridder, the following resolution was proposed: BE IT RESOLVED, that the Builders Bond, dated November 12 , 1974, in the amount of $4,275.00, by LESLUKE CORPORATION, as principal, and HELMI E . CARR, as surety, be, and the same is hereby accepted with the full understanding that said bond bears no relation to any or all bonding require- ments of the Leesburg Subdivision Ordinance and thatsuch acceptance in no way implies that such bonding requirements will be waived or any subsequent bond amount reduced. There was lengthy discussion concerning this resolution, as well as -the interpretation of the word "construction" as it applies to the purpose of the release of this money; also, concerning the fact that this is setting a precedent for other developers. A vote on the reso- lution was 3 for and 2 against, as shown : Aye: Councilmen Bange,aRidder and Mayor Hill. Nay: Councilmen Rock and Titus. On motion of Councilman Bange, seconded by Councilman Ridder, the following resolution was proposed: . BE IT RESOLVED, that the Leesburg Fire Department and the Loudoun County Rescue Squad be granted a waiver of refuse collection charges. - 112 MINUTES OF NOVEMBER 27 , 1974 MEETING . On motion of Councilman Rock, seconded by Councilman Titus , the fol- lowing amendment was proposed: AND BE IT FURTHER RESOLVED, that the Leesburg Fire Depart- ment and the Loudoun County Rescue Squad also shall be granted an exemption from the fees or charges assessed . under Section 19-34, Section 25-22, Section 25-24 and Section 25-25 of the Town Code. Councilman Rock felt that, if these people are to be exempted from ' refuse collection charges, then they should be exempted from water and sewer charges as well, these all being user charges. He sug- gested, in lieu of the above, that the Town increase the amount of the annual contributions made to these organizations by the amount of the fees to be charged them instead of exempting them from user fees. He felt that, if this is done for one volunteer or religious organization, then it should be opened up for all , including churches. A vote on the above amendment was 3 for and 2 against, as shown- below: Aye : Councilmen Bange, Rock and Mayor Hill . Nay: Councilmen Ridder and Titus . On motion of Councilman Titus, seconded by Councilman Rock, the reso- lution was further amended to include the Presbyterian Church to be exempted in this resolution. Councilman Titus stated that he would prefer to make an outright contribution to both organizations men- tioned in the ofiginal resolution and':keep the tax structure in shape. A roll call vote on this amendment was as follows : Aye: Councilman Titus. Nay: Councilmen Bange, Ridder, Rock and Mayor Hill. A roll call vote on the resolution, as amended, was as follows, thus I defeating the resolution: , Aye: Councilman Bange and Mayor Hill . Nay: Councilmen Ridder, Rock and Titus . On [notion of Councilman Rock, seconded by Councilman Titus, the following resolution was proposed: BE IT RESOLVED, that a waiver of license fee for soliciting be granted to the Leukemia Society from March 1, 1975 through March 15, 1975. • After explanation by Councilman Rock, the resolution was unanimously adopted, as shown: Aye : Councilmen Bange, Ridder, Rock, Titus and Mayor Hill . Nay: None . On motion of Councilman Bange, seconded by Councilman Ridder, the following resolution was proposed: BE IT RESOLVED, that DND be instructed that the drainage , system through Joe Francis property and extending to South Street be . a "closed system. " Discussion included the difference in cost of a "closed system" as opposed to an "open system" and explanation by Mr. Ritter that DND needs to know the width of these easements. The resolution was unani- mously adopted as shown: Aye : Councilmen Bange, Ridder, Rock, Titus and Mayor Hill. Nay : None. - 110 MINUTES OF NOVEMBER 27 , 1974 MEETING . Councilman Titus asked that an item concerning street standards be referred back to the Public Works Committee for further discussion. On motion of Councilman Rock, seconded by Councilman Bange, the following resolution was proposed: BE IT RESOLVED, that Christmas decorations be erected follow- , ing Thanksgiving, with lighting to be turned on Monday, De- :cember 23 through Thursday, December 26, and BE IT FURTHER RESOLVED, that parking meters on the municipal parking lot be bagged from December 13 through December 25. After some little discussion, the resolution was unanimously adopted, as shown: Aye: Councilmen Bange, Ridder, Rock, Titus and Mayor Hill . Nay : None. On motion of Councilman Rock, seconded by Councilman Bange, the following resolution was proposed and unanimously adopted, as shown: BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Town Manager be authorized to make application to the Virginia Electric and Power Company for the privilege of attaching to a number of their poles along King Street and Market Street certain wires and other fixtures necessary to provide decorative lighting for the Christmas season, and BE IT FURTHER RESOLVED, that the Town will assume all re- sponsibility for each installation and agrees to save harm- , . less from any loss, cost, injury of damage to persons or property resulting out of or arising from the installation, operation, use, non-use or removal of such installations. Aye : Councilmen Bange, Ridder, Rock, Titus and Mayor Hill. Nay : None . On motion of Councilman Bange, seconded by Councilman Ridder, the following resolution was proposed 'and unanimously adopted, as shown: BE IT RESOLVED, that the maintenance bond to cover physical improvements on the Exeter Hills, Section 3, Subdivision be approved. . _ Aye: Councilmen Bange, Ridder, Rock, Titus and Mayor Hill . Nay : None. On motion of Councilman Ridder, seconded by Councilman Bange, the following resolution was proposed and unanimously adopted, as shown: BE IT RESOLVED, that the maintenance bond to cover physi- cal improvements at Crestwood Hamlet, Sections 1 and 2, be approved. Aye : Councilmen Bange, Ridder, Rock, Titus and Mayor Hill . Nay: None. On motion of Councilman Rock, seconded by Councilman Bange, the following resolution was proposed: BE IT RESOLVED, that the Town Attorney is hereby author- ized to conduct title examination of property located just west of the Huntland Homes Town Houses on Davis Avenue in order that the Town Manager may notify the owners to clean up said property. 114 MINUTES OF NOVEMBER 27 , 1974_MEETING . Methods and costs of cleaning up this property were discussed and it was decided that Town Manager Ritter would investigate other • suggested means. The resolution was then unanimously defeated, as shown: Aye : None . Nay : Councilmen Bange, Ridder, Rock, Titus and Mayor Hill. A five minute recess was called at this time, with Council re- suming session at 10 :45 P.M. On motion of Councilman Ridder, seconded by. Councilman Bange, the following resolution was proposed: BE IT RESOLVED, that Johnson and Williams be authorized to proceed with their proposal of November 4, 1974 for engi- neering services in connection with interior expansion of sewer plant, at a cost of "$5,000.00. The proposal was explained by Councilman Bange, with Mayor Hill fur- ther explaining the reasons for having plans for expansion of the Plant prepared at this time or in the near future. There followed length' :• discussion on the possibility of terminating the contract with Johnson and Williams for the Water Plant Project at this time, with many items being mentioned as reasons for dissatisfaction with this firm. One specific item was their failure to produce "as-built" plans of the Sewer Plant. The resolution was then unanimously de- feated, as shown below, with Town Manager Ritter directed to again contact Johnson and Williams concerning the "as-built" plans. Aye: None. Nay: Councilmen Bange, Ridder, Rock, Titus and Mayor Hill . On motion of Councilman Bange, seconded by Councilman Ridder, the following resolution was proposed: BE IT RESOLVED, that the Town Manager be directed to secure a cost for installing a 60,000 gallon metal tank on the exist- ing sub-structure at the Town Shop. (Existing 60,000 gallon wooden tank to be dismantled. ) This was explained by Councilman Bange. Mayor Hill added that he hoped it would be possible for this tank to be erected to such an elevation that it would be possible to maintain the present water level in the 12 m.g. tank at the Hospital without overflowing the 60,000 gallon tank. Councilman Titus felt that a delivery date on such a tank was an important factor, so that it would not be 18 months or more before this work could be done. Mr. Ritter explained that costs will prob- ably hal/9escalated since the prices secured in June. The resolution, with $ROnt�REn1M8fEij, adopted, as shown: Aye : Councilmen Bange, Ridder, Rock, Titus and Mayor Hill. Nay: None. On motion of Councilman Ridder, seconded by Councilman Bange, the following resolution was proposed and unanimously adopted, as shown: • BE IT RESOLVED by the Council for the Town of Leesburg, Vir- ginia, that the Virginia Department of Highways and Transpor- tation is hereby requested, in accordance with the require- ments of Section 33.1-43 of the 1950 Code of Virginia, as amended, to accept into the Virginia Department of Highways INSERT BE IT RESOLVED, that the Town Manager be directed to se- cure a cost for: installing, delivery and erection of a 60,000 gallon metal tank on the existing sub-structure at the Town Shop. . (Existing 60,000 gallon wooden tank to be dismantled. ) 115 MINUTES OF NOVEMBER 27 , 1974 MEETING . Secondary System the 2.47umiles of Leesburg streets _listed • on the accompanying two pages of Form U-1. Aye : Councilmen Bange, Ridder, Rock, Titus and Mayor Hill . Nay: None. On motion of Councilman Bange, seconded by Councilman Ridder, the following resolution was proposed and unanimously adopted, as shown: BE IT RESOLVED, that the Town Manager be authorized to in- stall two exhaust fans in the Council Chamber on the Loudoun Street side of the room. Aye : Councilmen Bange, Ridder, Rock, Titus and Mayor Hill . Nay: None. On motion of Councilman Rock, seconded by Councilman Bange, the following resolution was proposed: BE IT RESOLVED, that the Town purchase two (2) 1975 Police cars from the State of Virginia, at a cost of $4, 311 . 75 per unit. Chief James Kidwell addressed Council, explaining the advantages of ordering one car in the spring and one in the fall in order to con- stantly keep new equipment on the road. The resolution, as corrected, was then unanimously adopted, as shown : • BE IT RESOLVED, that the Town purchase one (1) 1975 Police car from the State of Virginia, at a cost of $4,311 . 75. Aye: Councilmen Bange, Ridder, Rock, Titus and Mayor Hill. Nay: None. On motion of Councilman Rock, seconded by Councilman Bange, the following resolution- was proposed: BE IT RESOLVED, that the following appropriations be made : $ 3, 578;56 - Perry Engineering Co. - TV inspection and sealing sewer lines - Acct. 1300.903. 168.72 - Perry Engineering Co. - Valve and Fire Hydrant Installation - Acct. 1300.901 . 32,675.14 - Perry Engineering Co. - Relocation of Utility lines, Rt . 7 Urban Project and Route 7 By-Pass - 1971 Bond Issue. 216. 75 - Battery charger for portable mobile radios. 1,700.00 - Xerox machine expense (rental payment through June) - Acct . 200.115. 110 .10 - Park Bench - Acct. 800.912. The appropriations were explained in detail by Town Manager Ritter. Councilman Titus inquired as to what fund the recently received pay- ment from the Highway Department on the utility relocation at Myers Well was placed in. Town Manager Ritter advised that it has been placed in the Utility Fund and, after some discussion, it was felt that this money should be transferred to the 1971 Bond Issue Fund. Council was in agreement that the $32,675.14 to Perry Engineering Company should be paid from the Utility Fund. The resolution, with this one change, was then unanimously adopted, as shown: 116 MINUTES OF NOVEMBER 27 , 1974 MEETING . Aye : Councilmen Bange, Ridder, Rock, Titus and Mayor Hill . Nay : None. - On motion of Councilman Bange, seconded by Councilman Titus, the following resolution was proposed: - BE IT RESOLVED, that Performance Bond for curb and gutter on Plaza Drive, furnished by John A. Wallace and Aaron - Paulson, in the amount of $10,000, be accepted. Circumstances surrounding this bond were explained indetailby Deputy Town Manager Devero. After some little discussion, the resolution was unanimously adopted, as shown: - • Aye : Councilmen Bange, Ridder, Rock, Titus and Mayor Hill. Nay: None. On motion of Councilman Titus, seconded by Councilman Bange, the following resolution was proposed and unanimously adopted, as shown: BE IT RESOLVED, that the Town Manager is hereby authorized to record the Deed of Dedication on Plaza Drive. Aye : Councilmen Bange, Ridder, Rock, Titus and Mayor Hill . Nay: None. The following resolution was read by Councilman Rock and re- ferred by Mayor Hill to the Finance and Administration Committee: BE IT RESOLVED, that a sum equal to the cost to the Town of collecting trash and garbage from the Leesburg Fire Department and Loudoun County Rescue Squad be and is :hereby appropriated as a contribution from the Town to the above- named organizations . - Deputy Town Manager Devero questioned whether Manna Partnership is to remain on the Priority List for the three (3) additional taps in Waverly Heights that were not granted by resolution at the last Council meeting. It was decided that it should be ascertained from Manna Partnership whether they wish to remain on this list. On motion of Councilman Rock, seconded by Councilman Ridder, Council voted unanimously to go into executive session to discuss land acquisition and "legal matters. This was at 11 :43 P.M. Council reconvened at 12 :12 A.M. on November 28, 1974. On motion 'of Councilman Titus, seconded by Councilman Rock, the following resolution was proposed and unanimously adopted, as shown: WHEREAS, on October 16, 1974, the Town Council of the Town of Leesburg made an offer to Jan Dickson McVay to purchase approximately 2 ,850 square feet and convey to her 27 square feet in the Town of Leesburg for $16,000, and made certain appropriations therefor, and WHEREAS, on November 15, 1974, Mrs. McVay stated to Council- man Titus that the Town must convey to her 152 square feet instead of the 27 square feet, and WHEREAS, Councilman Titus apprised Mrs. McVay that the Coun- • cil was unwilling to convey any more than the 27 square feet, and - 117 MINUTES OF NOVEMBER 27, 1974 MEETING . WHEREAS, Mrs . McVay informed Councilman Titus that the of- fer was unacceptable and that we have nothing more to dis- cuss, • NOW, THEREFORE, BE IT RESOLVED, that the offer and appropri- ation made on October 16, 1974 are hereby rescinded, and BE IT FURTHER RESOLVED, that the costs incurred by. the Town for legal fees and survey of the property will be considered in subsequent appropriations by the Town Council upon sub- mission of bills by the Town Attorney and DeLashmutt Associ- ates. cc : Mrs. Jan Dickson McVay Aye : Councilmen Bange, Ridder, Rock, Titus and Mayor Hill . Nay : None . Councilman Bange brought up the matter of the Town Manager' s letter just received concerning the possibility of Leesburg getting water from Fairfax County. This matter was referred to the Public Works Committee meeting on December 2, 1974. On motion of Councilman Rock, seconded by Councilman Bange, the meeting was adjourned at 12 :17 A.M. 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