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HomeMy Public PortalAbout10/14/1994October 7, 1994 MAYOR: William F. Koch, Jr. VICE MAYOR: Alan I. Armour COMMISSIONER: James E. Cross A. Curtis True, M.D. Kathleen S. Wallace REGULAR MEETING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, OCTOBER 14, 1994, 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 A. Regular Meeting of September 9, 1994. B. Public Hearing of September 9, 1994. C. Public Hearing of September 21, 1994. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. November 17, 1994 at 3:30 P.M. -Joint meeting with ARPB and Zoning Code Task Force. B. November 18, 1994 at 9:00 A.M. - Regular Commission Meeting. VII. Applications for Development Approval. A. George Davis, Agent for James & Sharon Malone, 2550 Avenue Au Soleil, Gulf Stream, Florida 33483. 1. SITE PLAN REVIEW -To permit installation of a circular driveway and certain cosmetic improvements to the front of the existing single family dwelling at the address listed above and described as Lot #45, Place Au Soleil Subdivision. VIII. Reports. A. Town Manager. B. Town Attorney. C. Architectural Review and Planning Board. 1. Regular Meeting to be held on October 26, 1994 at 9 A.M. D. Finance Director. 1. Financial Report for September, 1994 E. Police Report for September, 1994. F. Construction in Progress Report for September, 1994. IX. Items for Commission Action. A. Ordinance No. 94/2: AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, ANNEXING A CERTAIN PARCEL OF LAND TO THE TERRITORIAL LIMITS OF THE TOWN OF GULF STREAM, FLORIDA. (second reading & adoption) B. Resolutions. 1. Resolution No. S4 -14; A RESOLUTION OF THE TOwn' COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA PROVIDING FOR THE TOWN MANAGER TO MAKE BUDGET TRANSFERS WITHIN DEPARTMENTS IN THE GENERAL FUND. 2. Resolution No. 94 -15: A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA PROVIDING FOR THE TRANSFER OF VARIOUS FUNDS. 3. Resolution No. 94 -16: A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA PROVIDING FOR THE REAPPROPRIATIONS OF BUDGET EXPENDITURES IN THE GENERAL FUND. C. Gulf Stream Historic Highway Committee - Appointment of 1 member. D. Consideration of a new water rate structure. E. Items by Mayor and Commissioners. AGENDA CONTINUED X. Correspondence. A. Resolution No. 94 -04 opposing Florida Department of Transporta- tion's proposal to expand U.S. Highway 1 through certain municipalities in Palm Beach County. -P.B. Co. Municipal League B. Resolution No. 62 -94 supporting continuation of Congestion Mitigation & Air Quality funding for air quality maintenance areas. -City of Delray Beach C. Resolutions supporting the Palm Beach County Federal Transit Administration Section 3 Grant Application for expansion of the public transit system throughout the County. 1. Resolution No. R94 -142; City of Boynton Beach 2. Resolution No. 100 -94; City of Lake Worth XI. Public. XII. Adjournment SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, 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. NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL NOTICE IS HEREBY GIVEN that the Architectural Review and Planning Board of the Town of Gulf Stream will hold a meeting on Wednesday, October 26, 1994, at 9:00 A.M., and the Town Commission will hold a meet- ing on Friday, November 18, 1994 at 9:00 A.M., both in the Commission Chambers of the Town Hall, 100 Sea Road, Gulf Stream, Florida, at which the following will be considered: A application for development approval, a Site Plan Review, submitted by Joel Vernazzaro, as Agent for Martin O'Boyle, 23 North Hidden Harbour Drive, Gulf Stream, Florida 33483 to permit the installation of a new roof which would be of a different material and color than the existing roof at the address stated herein that is described as Lot #5, Hidden Harbour Estates Subdivision. The Architectural Review and Planning Board shall make a recommendation to the Town Commission, and the Town Commission shall make a final decision regarding the subject application at their respective meetings noticed above. These meetings may be adjourned from time to time and place to place as may be necessary to hear all parties and evidence. Complete application materials are on file in the office of the Town Clerk located at 100 Sea Road, Gulf Stream, Florida 33483 and may be reviewed during regular business hours which generally include non - holiday weekdays from 9:00 A.M. to 4:00 P.M. ALL PARTIES INTERESTED IN THIS MATTER may appear before the Architectural Review and Planning Board and the Town Commission of the Town of Gulf Stream at the times and place aforesaid and be heard. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OR THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE MEETINGS, 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. Dated October 6, 1994 TOWN OF GULF STREAM, FLORIDA C ✓/ Rita L. Taylor f Town Clerk C REGULAR MEETING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, OCTOBER 14, 1994, 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 9:00 A.M. II. Pledge of Allegiance. Commissioner Wallace led the Pledge of Allegiance. III. Roll Call. Present and participating: Absent with notice: Also present & participating: IV. Minutes. William F. Koch, Jr. James E. Cross A. Curtis True, M.D. Kathleen S. Wallace Alan I. Armour E. Scott Harrington Scott Hawkins Rita Taylor William Gwynn Robert Schultz Robert Ori George Davis Joan Orthwein Mayor Commissioner Commissioner Commissioner Vice Mayor Town Manager Town Attorney Town Clerk Finance Director Police Chief Water Rate Consultant Agent for Mr. Malone Chairman of ARPB A. Regular Meeting of September 9, 1994. B. Public Hearing of September 9, 1994. C. Public Hearing of September 21, 1994. Commissioner True moved that the minutes of each of the above meetings be approved as circulated and the motion was seconded by Commissioner Wallace. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. True; AYE, and Mayor Koch; AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. The Town Clerk requested that 3 items be added; IX.D.1., Ord. 94/3, Water Rates; IX.F., Agreement with Shalloway Engineering for Phase 2 of the Waterline Engineering Contract; IX. G.,Proposal from Sun Bank. She further requested that Item VIII.F., Construction in Progress Report, be withdrawn. There were no objections to these requests. VI. Announcements. A. November 17, 1994 at 3:30 P.M. -Joint meeting with ARPB and the Zoning Code Task Force. B. November 18, 1994 at 9:00 A.M. - Regular Commission Meeting. The above announcements were made by the Town Clerk. She then added that the regular date for the December meeting is December 9, 1994 at 9:00 A.M. and asked if there are any conflicts. There were no conflicts stated. VII. Applications for Development Approval. A. George Davis, Agent for James & Sharon Malone, 2550 Avenue Au Soleil, Gulf Stream, Florida 33483. 1. SITE PLAN REVIEW -To permit installation of a circular driveway and certain cosmetic improvements to the front of the existing single family dwelling at the address listed above and described as Lot #45, Place Au Soleil Subdivision. Regular Meeting -Town Commission October 14, 1994 page 2 Mr. Davis explained that Mr. & Mrs. Malone propose to install a circular driveway made of pavers and that a storm drainage plan has been engineered in conjunction with the project. He further explained that they intended to construct a patio along the front of the dwelling with a low garden wall and to add trim work under the front eaves and a trellis against a blank, windowless wall on the front. CJoan Orthwein, Chairman of the ARPB reported that the Board recommended that the site plan be approved as requested. Commissioner True moved that the site plan be approved as requested and recommended and Commissioner Wallace seconded the motion. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. True; AYE, and Mayor Koch; AYE. VIII. Reports. A. Town Manager There was no report from the Town Manager. B. Town Attorney There was no report from the Town Attorney. C. Architectural Review and Planning Board. 1. Regular Meeting to be held on October 26, 1994 at 9 A.M. Chairman Orthwein announced the October meeting, adding that the date of the November, 1994 meeting had been changed and would be held on November 30, 1994 due to the Thanksgiving Day Holiday. D. Finance Director 1. Financial Report for September, 1994 William Gwynn, Financial Director, presented the report and pointed out the following: 1) The revenue figure of $4,977.72 for Licenses is revenue that will be included in the new fiscal year. 2) The revenue for the Half Cent Sales Tax covers a two month period. 3) $1,426.70 shown as "Other" revenue is a reimbursement for fees paid in advertising, legal expense, etc. 4) The monthly Budget Projection reflects a surplus of approximately $40,000. Commissioner Cross moved and Commissioner Wallace seconded that the report be approved as presented. Roll Call: Commissioner Wallace; AYE., Comm. Cross; AYE, Comm. True; AYE, and Mayor Koch; AYE. IX. Items for Commission Action. A. Ordinance No. 94/2: AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, ANNEXING A CERTAIN PARCEL OF LAND TO THE TERRITORIAL LIMITS OF THE TOWN OF GULF STREAM, FLORIDA. (second reading & adoption) The Ordinance was read by title by the Town Clerk and there was no comment from the public, either written or oral. Commissioner True moved and Commissioner Cross seconded that Ordinance No. 94/2 be adopted. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. True; AYE, and Mayor Koch; AYE. B. Resolutions. 1. Resolution No. 94 -14: A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA PROVIDING FOR THE TOWN MANAGER TO MAKE BUDGET TRANSFERS WITHIN DEPARTMENTS IN THE GENERAL FUND. Commissioner Cross moved and Commissioner Wallace seconded that Resolution No. 94 -14 be adopted. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. True; AYE, and Mayor Koch; AYE. 2. Resolution No. 94 -15:A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA PROVIDING FOR THE TRANSFER OF VARIOUS FUNDS. Regular Meeting -Town Commission October 14, 1994 page 3 Commissioner Cross moved and Commissioner True seconded that Resolution No. 94 -15 be adopted. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. True; AYE, and Mayor Koch; AYE. 3. Resolution No. 94 -16: A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA PROVIDING FOR THE RE- CAPPROPRIATIONS OF BUDGET EXPENDITURES IN THE GENERAL FUND. Commissioner True moved that Resolution No. 94 -16 be adopted and the motion was seconded by Commissioner Wallace. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. True; AYE, and Mayor Koch; AYE. C. Gulf Stream Historic Highway Committee - Appointment of 1 member. Commissioner Wallace moved to table this item to the November, 1994 agenda. The motion was seconded by Commissioner True. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. True; AYE, and Mayor Koch; AYE. D. Consideration of a new water rate structure. Mr. Robert Ori, Water Rate Consultant, distributed a sumnary of the Water Rate Study, a copy of which is attached and made a part of the minutes. During the discussion of the study and recommendations, it was agreed that the delinquent payment charge would be changed to a flat $10.00 and that the bill would be considered delinquent if not paid within 60 days. Commission - er,True wanted to make certain that a complete break -down of the new fees be detailed in the letter that will be distributed with the next water bills. All members of the Commission urged that as much information as possible be included on each water bill with regard to amount of usage and charges, even if the the current software program has to be changed. Mr. Ori then called attention to the Ordinance as proposed to implement the new rate schedule. The following amendments were made to the proposed ordinance. 1) On page 2, strike "not for profit" in paragraph (c). 2) On page 2, paragraph (f), defining Delinquent Accounts, change 30 days to read 60 days. 3) On page 2, in Section 2, strike everything after "Section 34 -26 ". 4) On page 3 (in the chart), change the figure 106,000 in the second line to 120,000 and change the figure 320,000 in the eighth line to 370,000. 5) on page 5 (in the chart), change the figure 106,000 in the second line to 120,000. 6) On page 9 in Section 6, change the second sentence to read "This fee shall be twenty dollars ($20.00) for each returned check received by the Town." 7) On Page 9 in Section 7,change the last sentence to read "The late payment fee shall be applied bi- monthly and shall amount of $10.00." 8) On page 10,Section 13 is to be changed to read as follows: "This ordinance shall be implemented immediately and is expressly made retroactive and effective as of October 1, 1994 and shall govern all pertinent charges incurred on such date and thereafter." The Town Clerk then Read Ordinance Number 94/3 by title. Commissioner Wallace moved that Ordinance Number 94/3 as amended be passed on first reading. The motion was seconded by Commissioner True. Roll Call: Comm. Wallace; AYE. Comm. Cross; AYE, Comm. True; AYE, and Mayor Koch; AYE. Mayor Koch asked that at the next meeting, staff bring forward a resolution which shall set as a mater of policy how excess revenues received by the water fund shall be spent. E. Items by Mayor and Commissioners. There were no items by the Mayor or the Commissioners. Regular Meeting -Town Commission October 14, 1994 page 4 F. Agreement with Shall:owal7 Erginearing for Phase 2 of the Waterline Engineering Contract. Commissioner Wallace moved that the Agreement be approved as presented with the total budget for Phase 2 not to exceed $23,000.00. The motion was seconded by Commissioner True. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. True; AYE, and Mayor Koch; AYE. G. Commitment from Sun Bank for a loan to construct the waterline under the Intracoastal Waterway. The commitment was for a loan to a maximum amount of $250,000 for a 10 year C period at a fixed rate of 6.10% with only the interest being paid during the first 12 months of the loan and various other conditions. The Town Manager explained that authorization is being sought for the Mayor to accept the commitment, following which a formal resolution will be prepared which will contain all final detail and presented to the Commission for final review and adoption at the November meeting. Commissioner True moved that the Mayor be authorized to execute the proposed loan commitment with Sun Bank subject to the prior concurrence of the members of the Commission present at this meeting; the Commissioners shall indicate their desires with regard to this matter to the Town Manager no later than October 30, 1994. The motion was seconded by Commissioner Cross. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. True; AYE, and Mayor Koch; AYE. X. Correspondence. A. Resolution No. 94 -04 opposing Florida Department of Transportatnn's proposal to expand U.S. Highway 1 through certain municipalities in Palm Beach County. -Palm Beach County Municipal League. The Town Clerk advised that a similar resolution had been prepared in the event the Commission decided to take a position on this matter. Mr. Dittman, Vice President of the Place Au Soleil Association was in the audience and Commissioner Wallace asked him if the residents in Place Au Soleil had a preference in this matter since they live in the area proposed for the improvements. Mr. Dittman stated they would prefer that no change be made since it would result in the landscaping in the median on U.S. 1 being removed. Mayor Koch then directed that Resolution Number 94 -17 be read by title by the Town Clerk. Following the reading of the title, Commissioner True moved that Resolution Number 94 -17 be adopted and the motion was seconded by Commissioner Cross. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. True; AYE, and Mayor Koch; AYE. B. Resolution No. 62 -94 supporting continuation of Congestion Mitigation & Air Quality funding for air quality maintenance areas. -City of Delray Beach C. Resolutions supporting the Palm Beach County Federal Transit C' Administration Section 3 Grant Application for expansion of the public transit system throughout the County. 1. Resolution No. R94 -142; City of Boynton Beach 2. Resolution No. 100 -94; City of Lake Worth Resolutions in items B. and C. were made a part of the record. XI. Public. There was no comment from the public. XII. Adjournment. Mayor Koch adjourned the meeting at 10:30 A.M. / I Y a Rita L. Taylor, 7 own Clerk TOWN OF GULF STREAM WATER RATE PRESENTATION ■ RATE STUDY UPDATE • FY 1995 Budget Presented September 21, 1995. • Approximately a 33% rate revenue increase. • Primary Reasons. - Increase cost of Purchased Water. - Debt Service. - Inflationary Impacts on "Cost of Doing Business ". - Need to establish Capital Funding Reserve. ■ EXISTING BI- MONTHLY RATES • Minimum Service Charge. - $62.10 per bill. 2 Components - Base Charge and Minimum Flow Charge. Minimum Flow at 30,000 gallons/Billing Period. • Gallonage Rate. Rate of $1.47 per 1,000 gallons. Charged above Minimum Flow. No conservation incentive. ■ PROPOSED RATES • Recognized differences in class characteristics. • Water Conservation Rate - targeted towards single family class. • Objective - dampen excessive irrigation use. ■ PROPOSED RATE DESIGN • 3 Rate Components. - Customer Charge (Billing) Base Service Charge (Capacity) Gallonage Charge (Usage) • Proposed Rates Recover Costs TOWN OF GULF STREAM WATER RATE PRESENTATION (Continued) ■ WATER CONSERVATION RATE • Targeted towards Residential Single Family Class. • Other Classes - uniform rate. • Objective - to eliminate excessive irrigation. ■ PROPOSED RATES • Customer Charge - $S.00Bill. • Base Service Charge - $26.00/Unit. Single Family - 1 unit. Multi- family - Varies based on dwelling units served. Commercial - Varies by meter size. • Gallonage Charge $1.90 per thousand all other classes. Single Family Residential: Block 1 - $1.70 Block 2 - $1.90 Block 3 - $2.65 Block 4 - $4.65 ■ RESIDENTIAL SINGLE FAMILY RATE STRUCTURE • Unique Customer Base - Differences in lot size /water needs. • Issue is not to discourage irrigation; just excessive use. • Recommending 4 -Block Rate Structure. • Blocks vary by "Lot Size Categories ". • 10 Categories to avoid large swings in usage levels. • Proposed Rate Design: Block 1 - First 20,000 gallons - essential use. Block 2 - 1 " /week irrigation per lot category. Block 3 - 0.25' /week irrigation per lot category. Block 4 - All use above first 3 Blocks - excessive use. • Blocks 3 and 4 - Approximately 20% of water sales in Blocks. TOWN OF GULF STREAM WATER RATE PRESENTATION (Continued) Rate Impacts to Single Family Class: Category 1: 0- 16,000 sq. ft. Lot (32% of SF Accounts) Category 2: 16,000 - 19,000 sq. ft. Lot (21% of SF Accounts) Water Use (1,000's of gallons) 30,000 75,000 150,000 Existing Rates $62.10 $128.25 $238.50 Proposed Rates $84.00 $169.50 $464.50 Difference Amount $21.90 $41.25 $226.00 Percent 35.3% 32.3% 94.8% Category 2: 16,000 - 19,000 sq. ft. Lot (21% of SF Accounts) Category 4: 23,000- 28,000 sq. ft. Lot (11% of SF Accounts Water Use (1,000's of gallons) 30,000 95,000 175,000 Existing Rates $62.10 $157.65 $275.25 Proposed Rates $84.00 $207.50 $528.75 Difference Amount $21.90 $49.85 $253.50 Percent 35.3% 31.6% 92.1% Category 4: 23,000- 28,000 sq. ft. Lot (11% of SF Accounts Water Use (1,000's of gallons) 30,000 125,000 250,000 Existing Rates $62.10 $201.75 $385.50 Proposed Rates $84.00 $264.50 $744.50 Difference Amount $21.90 $62.75 $359.00 Percent 35.3% 31.1% 93.1% 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 Friday, November 18, 1994 at 9:00 A.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. 94/3: AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 34 OF THE CODE OF ORDINANCES RELATING TO UTILITIES, AT SECTION 34 -26 SO AS TO PROVIDE AN AMENDMENT TO THE WATER RATES FOR THE OPERATION OF THE WATER DISTRIBUTION SYSTEM FOR THE TOWN; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCE 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 TRANSCRIPT 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. Dated October 15, 1994 Publish: Palm Beach Post Date of Publication: November 8, 1994 TOWN OF GULF STREAM, FLORIDA Rita L. 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