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HomeMy WebLinkAboutMinutes_Regular_08/15/1991VILLAGE OF TEQIJESTA Post Office Box 3273 • 357 Tequesta Drive Tequesta, Florida 33469-0273 • (407) 575-6200 FAX: (407) 575-6203 V I L LAG E O F T E Q U E S T A V I L LAG E C O U N C I L M E E T I N G M I N U T E B A U G II S T 1 5, 1 9 9 1 I. The Tequesta Village Council held a regularly scheduled meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, August 15, 1991. The meeting was called to order at 7:00 P.M. by Mayor Joseph Capretta. A roll call was taken by the Recording Secretary. Councilmembers present were: Mayor Joseph N. Capretta, Vice Mayor Ron T. Mackail, Edward C. Howell, Earl L. Collings and William E. Burckart. Village Officials present were: Village Manager Thomas G. Bradford, and Bill Kascavelis, Finance Director. Department Heads and John C. Randolph, Village Attorney, were also in attendance. II. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Joseph N. Capretta gave the Invocation and led those in attendance to the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA Village Manager Bradford asked that two items be added under New Business, as Items (G) and (H): Two petitions for annexation with two separate Ordinances for the Council's consideration. Under ANY OTHER MATTERS Mr. Bradford asked to give an update of the FEC railroad matter concerning train horn blowing. Councilmember Burckart moved to approve the Agenda as amended. Councilmember Howell seconded the motion. The vote on the motion was: William E. Burckart - for Edward C. Ho~ell - for Earl L. Collings - for Joseph N. Capretta - for Ron T. Mackail - for the motion was therefore passed and adopted. and .the .Agenda was approved as amended. Recycled Paper village Council Meeting Minutes August 15, 1991 Page 2 ------------------------------- Councilmember Burckart announced that he must abstain from voting on the two annexation items because of conflict of interest, since he has an involvement with both items as a real estate broker, and would sign the appropriate 8B Forms regarding "Conflict of Interest". IV. CONSENT AGENDA All items listed with an asterisk (*) are considered routine and will be enacted by one motion. V. APPROVAL OF MINIITES AND REPORTS *A) Board of Adjustment Meeting - June 17, 1991. *B) Community Appearance Board, May 29, 1991 *C) village Council Budget Workshop Meeting - July 9, 1991 *D) Village Council Budget Workshop Meeting - July 11, 1991. *E) Public Hearing Meeting - July 18, 1991 *F) Village Council Meeting - July 18, 1991 *G) Village Manager's Report- July 15, 1991 - August 9, 1991. Councilmember Burckart moved to approve the Consent Agenda as submitted. Councilmember Howell seconded the motion. The vote on the motion was: William E. Burckart - for Edward C. Howell - for Earl L. Collings - for r Joseph N. Capretta - for Ron T. Mackail - for the motion was therefore passed and adopted and the Consent Agenda was approved as amended. village Council Meeting Minutes August 15, 1991 Page 3 VI. DEVELOPMENT MATTERS A) Bite Plan Review for Proposed 24~ x 9~ Rear Addition to Verner~s Danish Pastry Shop, 287 Highway One, South, Tequesta, Florida. Since the representative for the above-referenced item was not yet in attendance, it was decided to postpone this item temporarily to be covered later on the Agenda. VII. NEW BUSINESS A) Ordinance - First Reading - Providing for Requirements for Developer Agreements. (Staff Recommends Approval) Village Manager Bradford explained that the Village Comprehensive Development Plan and the Village Annexation Policy contemplate the use of development agreements between the Village and persons having a legal interest in developing real property. It is required that these development agreements be established by Ordinance. Hence, the above- referenced Ordinance which establishes the procedures and requirements to a proposed Village Developer Agreement. Mr. Bradford gave details of the Ordinance. Village Attorney Randolph read the Ordinance by Title: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, PROVIDING FOR REQUIREMENTS FOR DEVELOPER AGREEMENTS, PROVIDING FOR PUBLIC HEARINGS; PROVIDING FOR DURATION, PROVIDING FOR PERIODIC REVIEW AND CONSISTENCY WITH THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT REGULATIONS; PROVIDING FOR CANCELLATION, MODIFICATION OR REVOCATION OF DEVELOPMENT AGREEMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION, PROVIDING AN EFFECTIVE DATE.~~ village Council Meeting Minutes August 15, 1991 Page 4 ------------------------------- Councilmember Burckart moved to approve the First Reading of the above-referenced Ordinance. Councilmember Howell seconded the motion. The vote on the motion was: William E. Burckart - for Edward C. Howell - for Earl L. Collings - for Joseph N. Capretta - for Ron T. Mackail - for the motion was therefore passed and adopted. B) Consideration of Bid Award to All-Webb Enterprises of Jupiter for Drilling of Well 24. (Staff Recommends Approval) Village Manager Bradford explained that the Well Site is adjacent to Sandy Pines Children's Hospital in southern Martin County, permitted to Tequesta by South Florida Water Management District. The DER permit for this well's equipment is still outstanding, but drilling can proceed without this approval. The engineer and water system manager, upon questioning, indicated all other applicable permits were in hand. Bids were opened on July 18, 1991 for the drilling of the well. Seven firms responded, with a high bid of $45,488 from Lane Atlantic and low bid from All-Webb Enterprises, Inc. of Jupiter in the amount of $21,800. The Village Engineer reviewed the qualifications of All-Webb and recommends award of the project to them. The Village has worked with All-Webb in the past and found them to be reputable. The drilling is expected to be completed in 90 days. Councilmember Collings moved to award the contract for drilling Well 24 to All-Webb Enterprises of Jupiter. Councilmember Burckart seconded the motion. The vote on the motion was: William E. Burckart - for Edward C. Howell - for Earl L. Collings - for Joseph N. Capretta - for Ron T. Mackail - for the motion was therefore passed and adopted. village Council Meeting Minutes August 15, 1991 Page 5 ------------------------------- C) Consideration of Bid Award to Crom Corporation, Gainesville, Florida, for 2mg Water Storage Tank. (Staff Recommends Approval) Village Manager Bradford explained that bids were opened July 16, 1991. The bids received were: Crom Corporation - $499,469; Pre-Con Corporation, $566,952. The Village estimate for this project was $650, 000 for the tank alone, with a total of $750,000 budgeted for the project. Crom Corporation built the 5mg tank in Jupiter on Central Boulevard. Crom Corporation will also be building in West Palm Beach at the same time, causing a savings for Tequesta. Councilmember Burckart moved to award the contract for the building of the 2mg Water Storage Tank to Crom Corporation of Gainesville, Florida. Councilmember Collings seconded the motion. The vote on the motion was: William E. Burckart - for Edward C. Howell - for Earl L. Collings - for Joseph N. Capretta - for Ron T. Mackail - for the motion was therefore passed and adopted. D) Resolution No. 29-90/91 - Requesting the Palm Beach County Board of County Commissioners to Accept ,and Implement the Northern Palm Beach County Transit Service Report Providing Bus Service to Tequesta, Jupiter and Juno Beach. (Staff Recommends Approval) Village Manager Bradford explained that on August 1 he attended the Public Hearing held at the Jupiter Activity Building to review the recommendations of the Northern Palm Beach County Transit Study, a copy of which was provided to Council. The Study was regarding re-establishing transit service in the northern county area. The meeting attendance was favorable. The transit service would connect at the Gardens Mall which in turn would connect with transit service all the way to Boca Raton. This service would be provided six days per week, beginning as early as April 1, 1992. This would be subsidized by the Federal Government. Many Tequesta residents have spoken in favor of this service. Village Council Meeting Minutes August 15, 1991 Page 6 Mayor Capretta suggested that better promotion of this service be done than was done with the previous transit service, which was discontinued for lack of use. Dorothy Campbell suggested that benches be considered for the bus stop areas. Mr. Bradford explained that the plan covers that. Village Attorney Randolph read Resolution 29-90/91 by Title: ~~A RESOLUTION OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, ENDORSING THE RECOMMENDATIONS OF THE NORTHERN PALM BEACH COUNTY TRANSIT STUDY OF MAY 1991, WHICH RECOMMENDB THE PROVISION OF TRANSIT SERVICE TO THE TEQUESTA, JIIPITER AND JUNO BEACH AREA. ~~ Councilmember Burckart moved to approve the First Reading of Ordinance No. 29-90/91. Councilmember Mackail seconded the motion. The vote on the motion was: William E. Burckart - for Edward C. Howell - for Earl L. Collings - for Joseph N. Capretta - for Ron T. Mackail - for the motion was therefore passed and adopted. E) Report on the ENCON Stormwater Utility Management Advisory Committee Meeting and Proposed ENCON Rule 31- 14. Village Manager Bradford explained that as temporary representative of Tequesta for the ENCON Stormwater Committee, he attended the first meeting on August 1, which was primarily an introductory meeting which served to orient all persons to the issues, proposed goals and objectives of the committee, etc. The primary purpose of the committee is communications with each governmental entity and the governing board of ENCON relative to the proposed Stormwater Management function. At the meeting it was explained that ENCON is moving forward on a RULE 31-14, scheduled for a Public Hearing before the ENCON Board on August 21. This Rule was authorized by the ENCON Governing Board in June which authorizes the creation of a Stormwater Management Program, fees and charges, with responsibility for payments and enforcement of collections. This gives ENCON the potential of creating a Stormwater Management Utility which could impact the Village, therefore Village Council Meeting Minutes August 15, 1991 Page 7 possibly prohibiting the Village from a future Stormwater Management Program of its own. Research must be done. The Village directed Mr. Bradford to write a formal letter on behalf of the Village Council to the ENCON Governing Board asking the Board to postpone adoption of Rule 31-14 until the committee has had time to review Encon's Stormwater Program, and to study impacts on other governmental entities. Councilmember Collings moved that the above-referenced direction be for Mr. Bradford to write a formal letter be approved. Councilmember Burckart seconded the motion. The vote on the motion was: William E. Burckart - for Edward C. Howell - for Earl L. Collings - for Joseph N. Capretta - for Ron T. Mackail - for the motion was therefore passed and adopted. *F) Consideration of Lighthouse Gallery Request to IItilize Gallery Square North Parking Lot, Close Tequesta Drive from Venus Avenue to Seabrook Road and Provide Display Banners on Tequesta Drive for the 28th Annual Arts and Crafts Festival on Sunday, November 17, 1991. (Staff Recommends Approval) VI. DEVELOPMENT MATTERS A) Site Plan Review for Proposed 24' 8 9' Rear Addition to verner's Danish Pastry shop, 287 Highway One, South, Tequesta, Florida. Russell Perry, General Contractor, representative for the owners of Verner's Pastry Shop presented his proposal to the Council: To move two walk-in coolers from the inside rear of the building to the outside of the building, housing with a waterproof roof and a stucco exterior to match the existing building, as well as to continue the landscaping along the back to beautify the extension of the building. This would allow for more kitchen and cooking room inside. The Community Appearance Board unanimously approved the proposed project. village Council Meeting Minutes August 15, 1991 Page 8 ------------------------------- Councilmember Collings moved to approve the application as submitted. Councilmember Howell seconded the motion. The vote on the motion was: William E. Burckart - for Edward C. Howell - for Earl L. Collings - for Joseph N. Capretta - for Ron T. Mackail - for the motion was therefore passed and adopted. G) ANNEXATION PETITION: SHW, LTD. (Proposed Tequesta Motor Cars Expansion) The Annexation Petition is to annex Parcels A, B, (as shown on the overhead display) as well as the rights-of-way to center line of County Line Road, remainder of southern portion of U.S. Highway One. The plan is to expand Tequesta Motor Cars property to become a bigger car dealership, which will require a number of variances from the Board of Adjustment. Proposed for the County Line Pizza parcel is an Exxon service station and convenience store. H) ANNEXATION PETITION: TEQUESTA BAY PARTNERSHIP (Exxon service station). Proposed to annex Parcel C (as shown on the overhead display) , annexing County Line Pizza and southern half of County Line Road. Council was presented packets which included Exhibits B and C - legal descriptions, a checklist by the Village Staff including dates of receipts, names of partnerships, date of advertisement, etc. Village Staff has determined that the above annexations do not create an enclave, it does provide for a compact urban form, which are State requirements. Staff did a cost-benefit analysis per the Annexation Policy. village Council Meeting Minutes August 15, 1991 Page 9 ------------------------------- Councilmember Collings asked if the annexation is not approved by Village Council, would the proposed businesses proceed anyway, since that land area is Palm Beach County unincorporated, and not Tequesta. Mr. Bradford answered affirmatively. The Fire Rescue service cost is projected to be $3,572/year; estimated property value per the existing property appraisal values is $1,676,379; Village tax revenue at that value will be $9,641/year. The Village will net on taxes alone for the current status of the land approximately $6,000/year. Councilmember Collings was concerned whether those proposing the annexation are willing to comply with the original controls the Village Council applied to Tequesta Motor Cars. Mayor Capretta asked what was needed to be done now. Mr. Bradford stated that if Council agrees, the process can be started now by approving the First Reading of the Ordinance, then the Ordinance, with a map, must be advertised for four consecutive weeks prior to Second and Final Reading. Upon Second Reading of the Ordinance, the property would be annexed into the Village. Mr. Bradford reported that Robert Walsh, a partner of Tequesta Motor Cars, has requested consideration relative to certain fee (impact fees, development fees, annexation review fee) waivers or reductions, by virtue of annexation. Village Attorney Randolph gave the First Reading of the above- referenced Ordinance for SHW, Ltd. by Title: ~~AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, ANNEXING A CERTAIN PARCEL OF LAND TO THE TERRITORIAL LIMITS OF THE VILLAGE OF TEQUESTA.~~ Councilmember Mackail moved to approve the First Reading of the above-referenced Ordinance. Councilmember Collings seconded the motion. The vote on the motion was: William E. Burckart - abstained Edward C. Howell - for Earl L. Collings - for Joseph N. Capretta - for Ron T. Mackail - for the motion was therefore passed and adopted. Village Council Meeting Minutes August 15, 1991 Page 10 Village Attorney Randolph gave the First Reading of the above- referenced Ordinance for Tequesta Bay Partnership by Title: ~~AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, ANNE]CING A CERTAIN PARCEL OF LAND TO THE TERRITORIAL LIMITS OF THE VILLAGE OF TEQUESTA. ~~ Councilmember Collings moved to approve the First Reading of the above-referenced Ordinance. Councilmember Mackail seconded the motion. The vote on the motion was: William E. Burckart - abstained Edward C. Howell - for Earl L. Collings - for Joseph N. Capretta - for Ron T. Mackail - for the motion was therefore passed and adopted. VIII. UNFINISHED BUSINESS A) Appointment of Tequesta Resident to the ENCON Stormwater Utility Management Committee. The following people applied to serve on the above-referenced Committee: Glenn Kloiber (mechanical engineering degree). Bill Beerbauer (a mechanical engineer). Joe Baker (a mechanical engineer). Dr. Ernest Kuonen (mechanical engineering background). Monica Ramirez (Masters Degree in Natural Science). Mayor Capretta leaned strongly toward Monica Ramirez because of her background in hydraulics, and/or Dr. Kuonen. Councilmember Burckart concurred. Vice Mayor Mackail supported Dr. Kuonen. Mayor Capretta suggested these two candidates be interviewed before a selection is made. Mr. Bradford stated he would arrange that for the next Council meeting. village Council Meeting Minutes August 15, 1991 Page 11 ------------------------------- IS. COMMUNICATIONS FROM CITIZENS Dorothy Campbell stated there are 19 newspaper racks located in the parking lot at Gallery Square North, of which 7 papers are "throw-aways". Of the remaining, three are doubles. Palm Beach Post has four racks there. She understood there was an Ordinance in the workings and asked if it was possible to volunteer to work with whoever is doing that Ordinance, so that a realistic approach to this problem could be made. Some of the racks are infringing upon parking spaces. Mrs. Campbell asked if the newspaper companies could be charged for occupying space. Attorney Randolph answered that the companies feel that leaves a "chilling effect" on First Amendment rights, and explained further that there are some strong case laws relative to news racks. He further stated that regulations must be reasonable (i.e., no more than 5 racks in a bank of racks). Mrs. Campbell asked for a copy of the Ordinance that is in the workings for this problem. Cheryl Onorato commented regarding the push to correct deficiencies at Jupiter High School, and enumerated those deficiencies. David Lord, Director of Maintenance for the Palm Beach County School System, scheduled one year ago four projects for correction: one example was air conditioning projects with a 50~ matching government grant. By the end of the year, two of these projects were put on hold, pending funding. At the end of the budget year, David Lord had $9 million in excess in his maintenance budget. Mrs. Onorato encouraged the community to call School Board members bringing their attention to these matters. Jupiter Council requested that the Council have a meeting and tour of Jupiter High School with School Board members. A date and time has not yet been set. She also reminded the community that Wednesday night, August 21, will be the first School Board meeting with the new Superintendent, Monica Uhlhorn. A major comprehensive correction is needed. Councilmember Collings recommended the Village_ Staff communicate with School Board members to be involved in the above-referenced meeting and tour. Village Council Meeting Minutes August 15, 1991 Page 12 ------------------------------- Councilmember Collings moved that Village Staff formalize Village concerns, consolidating efforts with Jupiter regarding Jupiter High School with a strong letter from Council, urging the joint meeting. There was no second. Mrs. Onorato requested a speaker, on behalf of Village Council at the School Board Meeting on August 21. She also announced that Metamorphosis IV will be held at Jupiter Community High School on September 14 at 4:00-7:00 p.m. B. ANY OTHER MATTERS A. FEC Railroad Horn Blowing - Village Manager Bradford stated there was an Emergency Order issued by the FEC in late July which banned the ban on train borne audible warning devices between 10:00 p.m. and 6:00 a.m. The Village may ultimately have to abolish its Ordinance which was adopted. The City of Hollywood is attempting legal appeal. Carol Hanson, State Representative from Boca Raton, is going to try to see if the State can do any maneuvering to circumvent the Emergency Order. Mr. Bradford suggested waiting to see what happens in these instances before the Village attempts to abolish its Ordinance on train whistle ban. B. In the next 4-6 weeks, Mr. Bradford stated he would make a recommendation to Village Council regarding encouraging activity in the Town Center area. Lou Ann Hinds commended the Building Department for following through on a complaint that was made regarding lots in Tequesta that needed cutting and that follow-up was done quickly. Village Council Meeting Minutes August 15, 1991 Page 13 ------------------------------- %I. ADJOURNMENT Councilmember Burckart moved to adjourn the meeting. Councilmember Collings seconded the motion. The vote on the motion was: Edward C. Howell - for William Burckart - for Earl L. Collings - for Joseph N. Capretta - for Ron T. Mackail - for the motion was therefore passed and adopted and the meeting was adjourned at 8:35 P.M. Respectfully submitted, Fran Bitters Recording Secretary ;max . ATTEST s s~~~„~,~/~ , ~~,~ `, ,,,~ ~ Bill C. Kasca elis „ Finance Director/Village Clerk DATE APPROVED: ,dam ~, /~s'/ FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE R' lY'C1CaZ't Wl lllam F,dWard 'NG ADDRESS THE BOARD, COUNCIL.,.CO MISSION, AUTHORITY, OR COMMITTEE ON 1i BayView Terrace WHICH I SERVE IS A UNIT OF: ', i CITY I 1 COUNTY ~oTHER LOCAL AGENCY Villa CITY ge COUNTY NAME OF POLITICAL SUBDIVISION: T ester Palm Beach Village of Tequesta DATE ON WHICH VOTE OCCURRED MY POSITION IS: August 15, 1991 ~' ELECTIVE APPOINTIVE WHO MUST FILE FORM 86 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES :i.ECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT Vl'HICH THE VOTE WILL BE TAKEN: You should complete and file this form (before making any attempt to influence the decision) with the person responsible for ecording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. < r rt~R\I MB 10-R6 PAGE 1 z a~va 9s-or - ea wao~ a~ '000`S$ a3dJX3 O.L lON Al'IdNHd 'IIAI~ d 210 `aN~'WT2Id32I `A2I~d'IdS NI NOI.L~fla321 `NOIlOW3a `,LN3WAOZdW3 210 d~13d0 W0213 NOISN3dSflS 210 ZdAOWd21 `.LN3WH~~'~dWI ~~JNIMO'I'I03 3H.L 30 3210W 210 3N0 Afl aHHSIN(ld dfl At~W 4N~d 2103 SQNfl021'J Sd.Lf1.LI.LSNOJ 32If1S0'I~SIa Q32IIfl~d2I ,iNd 3~I~'W 01 d2If1'IIb'3 d `(S86I) L[£•Zii§ Sd.LfI.L~'.LS t~QI2i0'Id 30 SNOISIA02Id 2I3aNf1 ~3~I, alnleuB!S •~ ~~~ pal!3 area 166L.'6L ~s~nK •dzgsxau~.zea A~eg >~sanbas 'xauoi~t~ad ate ~Tq uoissiuiuoa xatlq.zn~ ~ p-r~d aq TTzM pue uoissiwuoo ~ piud seM ouM xaxoaq a~~sa TEaa ate uie I :snnollo3 se s- a~nseaw ayl u! isaaaiu! ~Cw ~o a~nieu ayi pue ,C~uaBe ~Cw a~o3aq a~nseaw ay,~ (q) •pau!eia~ we I woyM Aq ' ~o u!e~ Iecaads ayi of palnu! ~o :u!e8 aienud le!aads ~Cw of pa~nu! 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