HomeMy Public PortalAbout08/20/1993August 12, 1993
MAYOR: William F. Koch, Jr.
VICE MAYOR: Alan I. Armour
COMMISSIONERS: James E. Cross
A. Curtis True
Kathleen S. Wallace
\J REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF
\� THE TOWN OF GULF STREAM ON FRIDAY, AUGUST 20, 1993 AT 9:00 A.M. IN THE
COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA.
AGENDA
I. Call to Order
II. Pledge of Allegiance
III. Roll Call
IV. Minutes of the Regular Meeting of July 22, 1993
V. Additions, withdrawals, deferrals, arrangement of agenda items.
VI. Announcements
A. Proclamation declaring September, 1993, "Literacy Month ".
B. Meetings
1. Regular Meeting -Mon., Sept. 13, 1993 at 4 P.M.
2. 1st Budget Public Hearing -Mon., Sept. 13, 1993 at 5:01 P.M.
3. 2nd Budget Public Hearing (Adopt)- Tues., Sept. 21 at 5:01 P.M.
4. Regular Meeting -Fri., Oct. 15, 1993 at 9 A.M.
5. Regular Meeting for November to be decided.
VII. PUBLIC HEARING
A. Variance
1. John & Hannah Rossi, 2586 Avenue Au Soleil, Gulf Stream,
F1. 33483- Addition of a study /den to existing single family
structure which would increase the lot coverage to 4,071
square feet, exceeding the maximum permitted by 821 square
feet, at the address stated herein and legally described
as Lot 28, Place Au Soleil.
VIII. Site Plan Review
A. John & Hannah Rossi, 2586 Avenue Au Soleil, Gulf Stream, F1.
33483- Addition of a study /den to the existing single family
dwelling at the address herein.
IX. Vegetative Disturbance Permit (AlA Historic Corridor)
A. Del Swilley, Inc., Agent for William T. Young, 2411 N. Ocean
Blvd., Gulf Stream, F1. 33483 -To add 24" to the height of an
existing masonry privacy wall along the east side of AlA which
would result in the finished height being 7'6 ".
X. Reports
A. Town Manager
1. Bi- Monthly Water Use
2. Update on AlA Trees
B. Town Attorney
C. Finance Director
1. Financial Report for July 1993
D. Architectural Review and Planning Board
1. Regular Meeting - September 22, 1993 at 9 A.M.
E. Police Report
F. Construction in Progress in July, 1993
August 12, 1993
AGENDA CONTINUED
XI. Items for Commission Action
A. Countywide Intergovernmental Coordination Program
B. Ordinance No. 93/2; Regulation of Construction and Maintenance
Activities. (1st reading)
C. Items by Commissioners
XII. Correspondence
A. Resolution #R93 -19 opposing any proposal that preempts
municipalities' zoning and planning authority over juvenile
dentention facilities and /or any other correctional facilities
to be located within the Village of Palm Springs corporate
limits. - Village of Palm Springs.
B. Resolutions endorsing a new concept proposed by the State
Attorney known as Community Based Prosecution.
1. #93 -6; City of Lake Worth
2. #93 -36; Village of Royal Palm Beach
C. Resolutions objecting to proposal of Palm Beach County that
wetlands section of Unified Land Development Code be adopted
under the auspices of Environmental Control Act, thus being
effective countywide, in derogation of the agreement between
the County Commissioners and The Palm Beach County Municipal
League relative to countywide ordinance procedures.
1. #93 -12; City of Atlantis
2. #2074; City of Belle Glade
3. #127 -93; City of Boca Raton
4. #R93 -107; City of Boynton Beach
5. #40, 1993; Town of Lake Park
6. #59 -93; City of Lake Worth
7. #16- 92/93; Village of Tequesta
8. #155 -93; City of West Palm Beach
XIII. Public
XIV. Adjournment
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN
COMMISSION /BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT
THIS MEETING AND PUBLIC HEARING, SAID PARTY WILL NEED A RECORD OF THE
PROCEEDINGS AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S.
REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF
GULF STREAM ON FRIDAY, AUGUST 20, 1993 AT 9:00 A.M. IN THE COMMISSION
CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA.
I. Call to Order. Mayor Koch called the meeting to order at 9:05 A.M.
II. Pledge of Allegiance. Commissioner Wallace led the Pledge of
Allegiance.
III. Roll Call.
Present and William F. Koch, Jr. Mayor
Participating: James A. Cross Commissioner
A. Curtis True, M.D. Commissioner
Kathleen S. Wallace Commissioner
Absent with Notice: Alan I. Armour Commissioner
Also Present and
Participating:
E. Scott Harrington
John Randolph
William Gwynn
John Rossi
Paul Swilley
Town Manager
Town Attorney
Finance Director
Resident /Applicant
Agent for Mr. Young
IV. Minutes of the Regular Meeting of July 22, 1993.
Commissioner Cross moved, and Commissioner True seconded, that the
minutes be approved as submitted. Roll Call: Comm. Wallace; AYE, Comm.
Cross; AYE, Comm. True; AYE, Mayor Koch; AYE.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
The Town Manager requested to add Resolution #31 -93 from the Town of
Palm Beach and Resolution 91, 1993 from the Town of Palm Beach Gardens as
items XII.C.9 and XII.C.10 respectively. The Town Manager also requested a
letter from the Florida League of Cities President Bill Evers be added as
item XII.D. There were no objections.
VI. Announcements.
A. Proclamation declaring September 1993, "Literacy Month ".
The proclamation was presented and duly executed by Mayor Koch.
B. Meetings.
The following meetings were announced:
1. September Regular Meeting - Mon., Sept. 13, 1993 at 4:00 P.M.
2. 1st Budget Public Hearing - Mon., Sept. 13, 1993 at 5:01 P.M.
3. 2nd Budget Public Hearing (Adopt.) - Tue., Sept. 13, 1993 at
5:01 P.M.
4. October Regular Meeting - Fri., Oct. 15, 1993 at 9:00 A.M.
The Town Manager requested the Commission establish a date for the
November Regular Meeting. The Commissioners responded they would like to
return to their regular date of the second Friday of the month. Accordingly,
November 12, 1993 was established as the meeting date.
Regular Meeting and Public Hearing - Town Commission page 2
August 20, 1993
VII. Public Hearing
A. Variance
1. John & Hannah Rossi, 2586 Avenue Au Soleil, Gulf Stream, FL
33483 - Addition of a study /den to an existing single family
structure which would increase the lot coverage to 4,071
square feet, exceeding the maximum permitted by 821 square
feet, at the address stated herein and legally described as
Lot 28, Place Au Soleil.
Mr. Rossi addressed the Commission and stated the proposed addition
would be used to house his wife's computer and sewing equipment. He stated
the existing portions of the home are quite small and they were running out
of room.
ARPB Chairman Joan Orthwein reported her Board had unanimously approved the
proposed addition as submitted. Commissioner Wallace inquired as to whether
the staff recommendation to remove part of the covered porch was included as
part of the Board's recommendation. Chairman Orthwein replied that it was
not. Mayor Koch then asked for a further explanation of the condition.
Town Manager Harrington stated the home, together with covered patio areas
and screen enclosure, already exceeded the maximum lot coverage requirement.
Because the addition would take the place of part of the existing screen
enclosure, the total net addition is only 160 square feet. However, staff
recommended that a corresponding area of the covered patio be removed so as
to have no change in the lot coverage. Mr. Rossi responded that the covered
patio area protects the main entrance to the home and he would prefer to keep
it.
Commissioner True moved that a Variance of 821 square feet to the Maximum Lot
Coverage requirement be approved. Commissioner Cross seconded the motion.
Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. True; AYE, Mayor Koch;
AYE.
VIII. Site Plan Review.
A. John & Hannah Rossi, 2586 Avenue Au Soleil, Gulf Stream, FL 33483 -
Addition of a study /den to the existing single family dwelling at
the address stated herein.
Commissioner Wallace moved, and Commissioner Cross seconded, that the
Site Plan be approved as submitted. Roll Call: Comm. Wallace; AYE, Comm.
Cross; AYE, Comm. True; AYE, Mayor Koch; AYE.
IX. Vegetative Disturbance Permit (AIA Historic Corridor).
A. Del Swilley, Inc., agent for William T. Young, 2411 N. Ocean Blvd.,
Gulf Stream, FL 33483 - To add 24" to the height of an existing
masonry privacy wall along the east side of AlA which would result
in the finished height being 7'6 ".
Paul Swilley of Del Swilley, Inc. presented the request stating the Youngs
desired the additional height to reduce the noise from AlA. Mayor Koch asked
how the height of the proposed wall would compare with others along AlA to
Regular Meeting and Public Hearing - Town Commission page 3
August 20, 1993
which Town Manger responded that it would be one of the taller ones but that
others were the same height or taller. In addition, Mr. Harrington
continued, the height is less than the permitted maximum of 8 feet. Further,
:he existing hedge is to remain which will completely screen the wall.
ARPB Chairman Joan Orthwein stated her Board unanimously approved the
proposal with the condition that a Florida Department of Transportation (DOT)
permit be obtained. Town Manager Harrington explained the wall is actually
on the AlA right -of -way and therefore required a DOT permit prior to the Town
issuing a building permit.
Commissioner Wallace moved, and Commissioner Cross seconded, that the
Vegetative Disturbance Permit be granted with the condition that the
applicant obtain all necessary permits from the Florida Department of
Transportation prior to the issuance of a building permit. Roll Call: Comm.
Wallace; AYE, Comm. Cross; AYE, Comm. True; AYE, Mayor Koch; AYE.
X. Reports.
A. Town Manager
1. Bi- Monthly Water Use
Town Manager Harrington reported that water use for this year has
been up compared with the last few years and, at the present rate of usage,
this year will have the highest usage since the base year 1988 -89. Mr.
Harrington projected that usage this year will be down only 9% from the base
year. This is far short of the state mandated 20% reduction goal that is
supposed to be obtained by the end of this fiscal year.
Mr. Harrington reviewed the various graphs that were a part of the packet and
noted that non - residential users have done the best job of reducing their
water consumption. He noted further that multi - family users also had done
well in reducing their water use. However, single family users, after a few
years of notable decreases, had begun to have their water use creep up again.
Because more than 80% of all water used in Gulf Stream goes to single family
homes, the larger decreases from the other consumer groups were offset by the
marginal single family reductions. As a result, usage as a whole tends to
reflect only the single family usage.
Mr. Harrington stated that usage may be on the rise due to the weather and
homeowners not remembering or losing interest in the subject. He said that
several programs called for in the Comprehensive Water Reduction Strategy
could address these problems but that staff has been busy with other issues
and has not had time to get those programs going. He concluded by stating
that these programs will take on a priority over the next year.
2. Update on AlA Trees
The Town Manager reported that the state had completed and
delivered right -of -way maps for all of AlA in Gulf Stream and that, in
accordance with the Town's agreement with the State, plans were made to begin
cutting the trees. Mr. Harrington asked Mr. Hoyt, the arborist selected by
Regular Meeting and Public Hearing - Town Commission page 4
August 20, 1993
the Commission on the recommendation of the Historic Highway Committee, to
review the trees with the Department of Transportation (DOT) and make
recommendations for removal. Mr. Hoyt conducted such a review and selected
74 trees north of Golfview Road and 90 trees south of Golfview Road for
removal. These trees were either dead or significantly decayed.
After much discussion and several letters, Mr. Harrington and the Dot finally
agreed on the details on the tree removal program. Mr. Harrington stated
that Mr. Hoyt expressed concerns that the remaining trees not be damaged by
the removal program. Thus, after receiving assurances from DOT that this
would not occur, Mr. Harrington agreed to let DOT move forward.
Unfortunately, some damage did occur.
Mr. Harrington reported that DOT has completed the job of removing all
selected trees. He stated that he will be working with them to have them
mitigate the damage to the remaining trees as recommended by Mr. Hoyt. Once
all of the selected trees are removed, DOT will then return to grind the
stumps.
The Commissioners noted that the stumps appeared to be really the only
evidence that the trees were removed. For the most part, the canopy is still
intact. Mr. Harrington reminded that all of $20,000 set aside in reserve
last year for the trees was still available and would be used in the next
phase - a trimming program conducted by Mr. Hoyt. Mr. Harrington reported
that Mr. Hoyt will be meeting the Historic Highway Committee who will then
likely report to the Commission.
B. Town Attorney.
John Randolph, Town Attorney, reported that despite the protest of the
municipalities (including Gulf Stream), the County Commission approved the
proposed wetlands ordinance on first reading. The ordinance will be
effective countywide, including incorporated areas. The cities may not opt -
out.
C. Finance Director.
William Gwynn, Finance Director, reviewed the report. He noted the report
was presented in a new format as per the discussion last month and asked if
it was acceptable. All Commissioners agreed that it was. He noted that at
this point in the year, revenues are more than projected and expenses are
less. As a result, he felt the $60,000 surplus projected in July for
budgeting purposes would be obtainable. Commissioner Wallace moved, and
Commissioner Cross seconded, that the financial report be approved as
presented. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. True; AYE,
Mayor Koch; AYE.
XI. Items for Commission Action.
A. Countywide Intergovernmental Coordination Program
Town Manager Harrington reviewed his staff report stating the proposed
interlocal agreements were created to take the place of the failed Countywide
Regular Meeting and Public Hearing - Town Commission page 5
August 20, 1993
Planning Council. However, the primary difference was that no new agency
would be created and no one participant would have authority over the other
participants. The idea of the programs was to provide voluntary coordinating
mechanisms to bring local governments together to solve problems. Mr.
Harrington stated that several actions need to be taken to effectuate the
agreements.
Commissioner Wallace moved, and Commissioner Cross seconded, that the
Comprehensive Plan Amendment Coordinated Review Interlocal Agreement with the
Corrective Addendum be approved. Roll Call: Comm. Wallace; AYE, Comm. Cross;
AYE, Comm. True; AYE, Mayor Koch; AYE.
Commissioner Cross moved, and Commissioner Wallace seconded, that the $500
participation fee be appropriated from the Dues line item of the upcoming
budget. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. True; AYE,
Mayor Koch; AYE.
Commissioner Wallace moved, and Commissioner True seconded, that the Town
Manager be appointed to serve on the Interlocal Plan Amendment Review
Committee. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. True; AYE,
Mayor Koch; AYE.
Commissioner Cross moved, and Commissioner True seconded, that the Town
Manager be authorized to file a "Notice of Intent to Object" on behalf of the
Town of Gulf Stream. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm.
True; AYE, Mayor Koch; AYE.
Commissioner Wallace moved, and Commissioner True seconded, that the Town
Commission be authorized to file a formal objection on behalf of the Town of
Gulf Stream. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. True;
AYE, Mayor Koch; AYE. Mr. Harrington noted that the time frames called for
in the agreement could necessitate a special meeting in order to file a
timely objection. The Commission stated that should the need arise, they
would be willing to call and attend a special meeting.
Commissioner Cross moved, and Commissioner True seconded, that the Multi -
Jurisdictional Issues Coordinated Forum Interlocal Agreement with the
Corrective Addendum be approved. Roll Call: Comm. Wallace; AYE, Comm. Cross;
AYE, Comm. True; AYE, Mayor Koch; AYE.
Commissioner Cross moved, and Commissioner True seconded, that the Mayor be
appointed to serve as the Town's representative to the Multi- Jurisdictional
Issues Coordinated Forum and the Vice -Mayor be appointed to serve as the
Town's alternate representative. Roll Call: Comm. Wallace; AYE, Comm. Cross;
AYE, Comm. True; AYE, Mayor Koch; AYE.
B. Ordinance No. 93/2; Regulation of Construction and Maintenance
Activities. (1st Reading)
Town Manager Harrington read the ordinance by title and reviewed the text.
Regular Meeting and Public Hearing - Town Commission page 6
August 20, 1993
Commissioner Wallace inquired whether all of the exemptions were needed. Mr.
Harrington responded that the ordinance may be a little more complex than is
needed but given that it deals with different activities at different times
of the year and the fact that property owners and the their employees were to
exempt from most of the provisions, he and the attorney felt this was the
C best way to address these issues.
As a point of clarification, the Town Manager recommended that a semicolon be
inserted in Sec. 22 -58, paragraph 2, fourth line so as to read, "...to 5:00
p.m.L and on..." This will make it clear that only work on saturdays must be
conducted within an enclosed structure.
Mrs. Wallace inquired as to what the penalty was. Mr. Harrington responded
that it was a maximum of $500.00 per day for each day the violation occurred.
Commissioner Wallace moved, and Commissioner Cross seconded, that Ordinance
93/2 be approved on first reading. Roll Call: Comm. Wallace; AYE, Comm.
Cross; AYE, Comm. True; AYE, Mayor Koch; AYE.
C. Items by Commissioners
There were no items by the Commissioners.
XII. Correspondence.
A. Resolution #R93 -19 opposing any proposal that preempts municipal -
ities' zoning and planning authority over juvenile dentention
facilities and /or any other correctional facilities to be located
within the Village of Palm Springs Corporate limits. -Palm Springs
B. Resolutions endorsing a new concept proposed by the State Attorney
known as Community Based Prosecution.
1. #39 -93; City of Lake Worth
2. #93 -36; Village of Royal Palm Beach
C. Resolutions objecting to proposal of Palm Beach County that wet-
lands section of Unified Land Development Code be adopted under the
auspices of Environmental Control Act, thus being effective county-
wide, in derogation of the agreement between the County Commis-
sioners and The Palm Beach County Municipal League relative to
countywide ordinance procedures.
1. #93 -12; City of Atlantis
2. #2074; City of Belle Glade
3. #127 -93; City of Boca Raton
4. #R93 -107; City of Boynton Beach
5. #40, 1993; Town of Lake Park
6. #59 -93; City of Lake Worth
7. #16- 92/93; Village of Tequesta
8. #155 -93; City of West Palm Beach
9. #31 -93; Town of Palm Beach
10. #91,1993; City of Palm Beach Gardens
These were all made a part of the official record
D. Letter from Florida League of Cities President Bill Evers
requesting cities in Florida assist those cities in the Midwest
who have suffered from floods.
Regular Meeting and Public Hearing -Town Commission page 7
August 20, 1993
This was made a part of the record. Commissioner Cross stated he sympathized
with these cities and felt that individuals should be encouraged to contribute
rather than the Town. The other Commissioners agreed, and thus, no action
was taken concerning the request.
{III. Public.
There was no comment from the public.
XIV. Adjournment.
Mayor Koch adjourned the meeting at 10:10 A.M.
i .
Rita L. Taylor 0 Town Clerk
PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Town Commission of the Town
of Gulf Stream, Florida, at a public hearing to be held on Monday,
September 13, 1993 at 4:00 P.M. in the Commission Chambers of the
Town Hall, 100 Sea Road, Gulf Stream, Florida, will have on the
agenda the adoption of the following:
ORDINANCE NO. 93/2: AN ORDINANCE OF THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM, PALM
BEACH COUNTY, FLORIDA, AMENDING CHAPTER 22 OF
THE TOWN CODE OF ORDINANCES RELATING TO NUISANCES
AT ARTICLE III, NOISE, SO AS TO PROVIDE NEW
SECTIONS 22 -56 AND 22 -57 SO AS TO PROVIDE FOR A
SHORT TITLE; OUTLINING REGULATED ACTIVITIES;
PROVIDING A NEW SECTION 22 -58 RELATING TO REGULATIONS;
PROVIDING A NEW SECTION 22 -59 RELATING TO RESTRICTED
ACTIVITIES; PROVIDING A NEW SECTION 22 -60 DEFINING
THE PERIOD DURING WHICH RESTRICTED ACTIVITIES ARE
PROHIBITED; PROVIDING A NEW SECTION 22 -61 RELATING
TO EXEMPTIONS AND PROCEDURES RELATING TO EXEMPTION
PERMITS, APPLICATIONS, FEES AND APPLICATION REVIEW;
PROVIDING A NEW SECTION 22 -62 RELATING TO PENALTIES;
PROVIDING A NEW SECTION 22 -63 RELATING TO APPEALS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
The proposed ordinance noticed here is available to the public in the
Office of the Town Clerk in Town Hall, 100 Sea Road, Gulf Stream,
Florida.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE
TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THE PUBLIC
HEARING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR
SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCE-
EDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S.
Dated: August 24, 1993 TOWN OF GULF STREAM, FLORIDA
Publish: Palm Beach Post
Date of Publication: September 2, 1993
Rita L. Taylor, 71n Clerk
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