HomeMy WebLinkAboutNULL (406) MINUTES OF REGULAR MEETING
DANIA BEACH CITY COMMISSION
TUESDAY, NOVEMBER 25, 2008 - 7:00 P.M.
1. Call to Order/Roll Call
Mayor Jones called the meeting to order at 7:00 p.m.
Present:
Mayor: Albert Jones
Vice-Mayor: Anne Castro
Commissioners: Bob Anton
John Bertino
Patricia Flury
City Manager: Ivan Pato
City Attorney: Thomas Ansbro
City Clerk: Louise Stilson
2. Invocation and Pledize of Alle i€
Pastor Eddy J. Moise, Jr., Greater Mount Pleasant AME Church, gave the invocation followed
by the Pledge of Allegiance to the United States Flag.
3. Presentations and Special Event Approvals
3.1 Medal of Valor Presentation to Captain Sergio Pellecer from Fire Chief Jack McCartt
and Deputy Fire Chief Michael Cassano
Deputy Fire Chief Mike Cassano commended Fire Rescue Captain Sergio Pellecer for his actions
taken during a fire call at West Lake Retirement Home in Hollywood. He noted that fire
investigators discovered that the fire was intentionally set in two separate locations within the
building. Captain Pellecer aggressively worked with retirement home staff to help save the lives
of many residents, protect property, and prevent the advancing fire from extending into the
retirement living area. Captain Pellecer was recognized for actions above and beyond the call of
duty, and for valor in the face of adversity.
Captain Pellecer noted that he was very scared during the event, but acknowledged that he would
do it again, if required.
4. Proclamations
There were no proclamations at this meeting.
5. Citizen Comments
William Adamson, 1121 South Federal Highway, complained of the parking situation at
Grandpa's Bakery and Restaurant on Sundays.
6. Public Safety Reports
Donn Peterson, BSO Chief, explained the requirements of the Noise Ordinance and noted that it
will be enforced by BSO, and it should improve the quality of life for our citizens.
Chief Peterson noted that BSO had originally planned for a portion of the department to relocate
to the new Fire Station #93. He said that he and Chief McCartt decided that Fire Prevention
should move to Fire Station#93, and that BSO should have the space at City Hall.
The Commission noted that this should be discussed at a future date, once the logistics are
worked out between the departments.
Fire Chief Jack McCartt provided an update on the completion of Fire Station #93. He noted the
station would not be ready for occupancy at the time of the dedication on December 201' due to
some details that need to be finalized.
It was the consensus of the Commission to postpone the dedication of Fire Station #93 for 30
days, until everything is complete and operational.
Item #10.4 was discussed after Public Safety Reports.
The Consent Agenda was heard after Item #10.4
7. Consent Agenda
Items removed from Consent Agenda: #7.2, #7.4
7.1 Minutes
Approve minutes of November 10, 2008 City Commission Meeting
Approve minutes of November 10, 2008 City Commission Workshop
7.2 Approval of payout of City Manager Ivan Pato's Sick and Vacation accruals
Commissioner Anton noted that City Manager Pato asked for the Commission to move his
retirement date to December 31, 2008 and keep the severance package until April 30, 2009.
Minutes of Regular Meeting 2
Dania Beach City Commission
Tuesday,November 25,2008—7:00 p.m.
City Manager Pato asked the Commission to consider the request. He noted he would continue
to be on payroll until April 30, 2009.
The Commission concurred with the City Manager's request to retire on December 31, 2008.
Commissioner Flury noted the memo from the Director of Finance requests payment for unused
sick and vacation time, which she agrees with. However, the memo notes that the City Manager
will still accrue sick and vacation time. Commissioner Flury agreed to the health insurance and
salary, but not to the benefit accruals.
City Manager Pato withdrew his request to leave on December 31, 2008 if he does not continue
to receive his benefits. He agreed to not receive the sick time accrual benefits, but requested the
remainder of the benefits.
Commissioner Bertino understood that all the benefits would continue through April 30, 2009.
Commissioner Anton does not have an issue with the pension benefits, but did not think the
vacation and sick time should continue to accrue. He said his intent was for the severance
package to be salary,retirement, and health insurance.
Vice-Mayor Castro confirmed with Finance Director Varney that the salary would be paid in a
monthly basis, as opposed to a lump sum, because there would be some tax implications.
Commissioner Anton motioned to accept City Manager Pato's retirement as of December
31, 2008, and that he will receive payment for regular compensation, including health
insurance and retirement benefits, as part of his severance package, but no vacation and
sick time accruals through April 30,2009; seconded by Commissioner Bertino.
Vice-Mayor Castro asked for the motion to be amended stating that we allow City
Manager Pato to work until December 31, 2008 with his salary being paid until his
retirement date of April 30, 2009, however, no vacation or sick time will be accrued from
January 1,2009 to April 30, 2009.
The motion carried on the following 4-0 Roll Call vote:
Commissioner Anton Yes Vice-Mayor Castro Yes
Commissioner Bertino Yes Mayor Jones out of the room
Commissioner Flury Yes
Resolutions
7.3 RESOLUTION #2008-220
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR APPROPRIATION OF
FUNDS FOR FISCAL YEAR 2007-2008; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
Minutes of Regular Meeting 3
Dania Beach City Commission
Tuesday,November 25,2008—7:00 p.m.
Ordinances (Titles read by City Attorney)
7.4 ORDINANCE#2008-032
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, CALLING AN ELECTION ON A
PROPOSED AMENDMENT TO THE CITY CHARTER TO BE HELD ON TUESDAY, MARCH 10, 2009;
PROVIDING FOR SUBMISSION TO THE ELECTORS FOR APPROVAL OR DISAPPROVAL OF A
CHARTER AMENDMENT TO PROVIDE FOR THE ELECTION OF A MAYOR FOR A TWO YEAR TERM
AND A VICE MAYOR FOR A ONE YEAR TERM AT EACH GENERAL ELECTION, BASED UPON
OBTAINING THE RESPECTIVE HIGHEST NUMBER AND SECOND HIGHEST NUMBER OF VOTES OF
ALL COMMISSION CANDIDATES ELECTED, AND PROVIDING FOR SELECTION OF THE VICE-MAYOR
FOR THE SUBSEQUENT ONE YEAR PERIOD BY THE CITY COMMISSION FROM AMONG ITS
MEMBERS; PROVIDING FOR REQUISITE BALLOT LANGUAGE; PROVIDING FOR PROCEDURE FOR
BALLOTING; PROVIDING FOR NOTICE; PROVIDING FOR RELATED MATTERS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
(FIRST READING)
City Attorney Ansbro read the title of Ordinance #2008-032.
Mayor Jones returned to the meeting at 7:43 p.m.
Commissioner Anton noted the change in Election date would penalize the outgoing
Commissioners from running again in two years because their term would be five months short.
He requested the ordinance be amended so that no one would be affected.
City Attorney Ansbro noted this Ordinance does not change the Election date from March to
November. He further pointed out that a referendum would be required to shorten the time a
Commissioner needs to sit out before running for Commission again. City Attorney Ansbro
suggested the ordinance changing the Election date be effective November 2012, so as not to
affect this year's outgoing Commission members.
Vice-Mayor Castro motioned to adopt Ordinance #2008-032, on first reading; seconded by
Commissioner Anton. The motion carried on the following 5-0 Roll Call vote:
Commissioner Anton Yes Vice-Mayor Castro Yes
Commissioner Bertino Yes Mayor Jones Yes
Commissioner Flury Yes
7.5 ORDINANCE#2008-033
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA AMENDING PART 11, ARTICLE 7,
SECTION 5 ("MEETINGS, MINUTES AND PROCEDURE") OF THE CITY CHARTER TO PROVIDE THAT
THE CITY COMMISSION MAY HOLD NO MORE THAN FOUR (4) REGULAR MEETINGS OF THE CITY
COMMISSION AT PLACES WITHIN THE CITY,OTHER THAN AT CITY HALL(100 WEST DANIA BEACH
BOULEVARD); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)
Minutes of Regular Meeting 4
Dania Beach City Commission
Tuesday,November 25,2008—7:00 p.m.
Commissioner Bertino motioned to adopt the Consent Agenda, with the exception of Items
#7.2 and #7.4; seconded by Commissioner Flury. The motion carried on the following 4-0
Roll Call vote:
Commissioner Anton Yes Vice-Mayor Castro Yes
Commissioner Bertino Yes Mayor Jones out of the room
Commissioner Flury Yes
8. Bids and Requests for Proposals
There were no proposals at this meeting.
9. Public Hearings and Site Plans
9.1 ORDINANCE #2008-029
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CODE OF
ORDINANCES; AMENDING CHAPTER 28 "ZONING," ARTICLE 18 "INDUSTRIAL RESEARCH-OFFICE-
MARINE (IROM) DISTRICT," SECTION 18-30 "PROHIBITED USES" IN ORDER TO CORRECT A
SCRIVENER'S ERROR CONCERNING THE REGULATION OF ADULT USES WITHIN THE INDUSTRIAL
RESEARCH-OFFICE-MARINE (IROM) DISTRICT; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)
City Attorney Ansbro read the title of Ordinance #2008-029 and explained this was a
housekeeping matter allowing Adult Uses in the IROM zoning district.
Mayor Jones opened the Public Hearing.
Teddy Bohanan, SW 15`h Street, noted the City needs to be cleaned from drugs and violence and
future Commissioners should be prepared to do that.
Seeing as there was no one else to speak in favor or opposition, Mayor Jones closed the Public
Hearing.
Commissioner Bertino noted strip bars and similar establishments could not legally be excluded
in all zoning classifications, therefore we are allowing it in the area least likely to affect the
citizens.
Vice-Mayor Castro motioned to adopt Ordinance #2008-029, on second reading; seconded
by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote:
Commissioner Anton Yes Vice-Mayor Castro Yes
Commissioner Bertino Yes Mayor Jones Yes
Commissioner Flury Yes
Minutes of Regular Meeting 5
Dania Beach City Commission
Tuesday,November 25,2008—7:00 p.m.
9.2 ORDINANCE#2008-031
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CODE OF
ORDINANCES, TO CREATE SECTION 22.70 TO DESIGNATE THE "FRONTIER HOTEL OVERLAY
DISTRICT"; PROVIDING FOR APPROVAL OF A SHARED DISTRICT MONUMENT SIGN; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE. (FIRST READING)
City Attorney Ansbro read the title of Ordinance 42008-031.
Corinne Lajoie, AICP, Principal Planner, explained the requirements for the Hotel Overlay
designation and clarified this is not a zoning change. She noted that this request would allow the
applicants to share parking and signage, and to coordinate landscaping, as well as pedestrian and
vehicular circulation. Ms. Lajoie further indicated that they will be requesting a larger shared
monument sign than what was previously approved as part of the site plan. The Planning and
Zoning Board recommended approval with staff comments. She pointed out that staff is
recommending approval of the request provided the monument sign has push-through lettering
so only the letters are illuminated.
Keith Poliakoff, Becker and Poliakoff, representing Frontier Development, advised the
adjustment in height for the monument sign is because the hotel requires additional signage. He
noted they plan to bring forward a shared parking agreement when the ordinance is presented on
second and final reading.
Mayor Jones opened the Public Hearing.
Jimmy Crimminger, 237 SW 15`h Street, commended the City for working with the business
merchants to accommodate their future growth and development.
Bob Mikes, 835 NW 131h Avenue, Melaleuca Gardens, spoke in favor of the request.
Seeing as there was no one else to speak in favor or opposition, Mayor Jones closed the Public
Hearing.
Commissioner Bertino motioned to adopt Ordinance #2008-031, on first reading; seconded
by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote:
Commissioner Anton Yes Vice-Mayor Castro Yes
Commissioner Bertino Yes Mayor Jones Yes
Commissioner Flury Yes
ADDENDUM
9.3 ORDINANCE #2008-030
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO FLOOD REGULATIONS;
AMENDING CHAPTER 12,"FLOOD DAMAGE PREVENTION' OF THE CITY CODE OF ORDINANCES TO
CREATE A DEFINITION FOR THE TERM "MARINA" (SECTION 12-5, "DEFINITIONS") AND CREATING
Minutes of Regular Meeting 6
Dania Beach City Commission
Tuesday,November 25,2008—7:00 p.m.
A SPECIFIC BASE FLOOD ELEVATION FOR MARINAS (CODE SECTION 12-52 "SPECIFIC
STANDARDS"); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)
City Attorney Ansbro read the title of Ordinance #2008-030. He noted staff contacted the
FEMA representative and they agreed to the revisions recommended by staff.
Commissioner Bertino confirmed this would not affect the insurance rates of the citizens.
Mayor Jones opened the Public Hearing. Seeing as there was no one to speak in favor or
opposition, he closed the Public Hearing.
Commissioner Bertino motioned to adopt Ordinance #2008-030, on second reading;
seconded by Commissioner Flury. The motion carried on the following 5-0 Roll Call vote:
Commissioner Anton Yes Vice-Mayor Castro Yes
Commissioner Bertino Yes Mayor Jones Yes
Commissioner Flury Yes
10. Discussion and Possible Action
10.1 Discussion of water account for 34 SE 14`h Street
Patty Varney, Director of Finance, spoke about the request made by Limor Arika at the
November 10 Commission meeting, with regard to her water account. She advised that we have
worked with Ms. Arika to ease her financial burden, however staff is not recommending
reducing the amount owed. Director Varney suggested giving Ms. Arika an additional two
month extension to pay the balance.
Commissioner Flury noted that we should only focus on the bill for $800.00, and suggested
reducing the bill to $500.00.
Director Varney pointed out that the City still needs to pay the sewer charge to the City of
Hollywood, which is $313.00.
Commissioner Flury motioned to reduce the bill by $300.00 and allow two more months to
pay; seconded by Commissioner Bertino.
Limor Arika, 38 SE 14`h Street, explained the history of the problem.
Discussion followed among the Commission, Ms. Arika and Director Varney regarding the
calculations and adjustments to be made to her bill.
The motion carried on the following 5-0 Roll Call vote:
Commissioner Anton Yes Vice-Mayor Castro Yes
Minutes of Regular Meeting 7
Dania Beach City Commission
Tuesday,November 25,2008—7:00 p.m.
Commissioner Bertino Yes Mayor Jones Yes
Commissioner Flury Yes
10.2 Change City Commission meeting dates for February 10, 2009 and March 10, 2009
(Primary and General Election Dates)
It was the consensus of the Commission to change the Commission meeting dates to Wednesday,
February 11, 2009 and Wednesday, March 11, 2009.
10.3 Consideration of need, if any, for revisions to the Communication Policy
(communications between elected officials and City employees, including Directors)
—Mayor Jones
Mayor Jones noted he is in agreement with the City policy currently in place, and does not want
to make any revisions at this time.
Item #10.4 was discussed after Public Safety Reports
10.4 Approve transfer of$20,000 from Contingency to the Human Resource Department
for the engagement of Colin Baenziger& Associates—Finance Director
Colin Baenziger distributed an update on the schedule for the City Manager search, which is
attached to and incorporated into these minutes. He noted their goal is to have the Commission
select a new City Manager by January 19, 2009.
Discussion followed between the Commission and Mr. Baenziger regarding the dates for the
Special Meetings to be held for this process.
It was the consensus of the Commission to hold a Special Meeting on Thursday, January 8, 2009
and Tuesday, January 20, 2009, at 7:00 p.m. to complete the City Manager's selection.
Mayor Jones left the meeting at 7:27 p.m.
Commissioner Bertino asked City Clerk Stilson to notify the candidates who are running for City
Commission of these Special Meetings, so they can get to know the person with whom they
might be working for at least four years.
Commissioner Anton motioned to transfer $20,000.00 from Contingency to the Human
Resource Department budget; seconded by Commissioner Flury. The motion carried on
the following 4-0 Roll Call vote:
Commissioner Anton Yes Vice-Mayor Castro Yes
Commissioner Bertino Yes Mayor Jones out of the room
Commissioner Flury Yes
Item #10.5 was discussed after Item #10.3
Minutes of Regular Meeting 8
Dania Beach City Commission
Tuesday,November 25,2008—7:00 p.m.
10.5 Discussion of the Chamber of Commerce Beach Blast Event on January 10, 2009 —
Parks and Recreation Department
Victoria Payne, Chamber of Commerce, advised they are partnering with the International Game
Fish Association (IGFA) and SEATECH in the preparation of the "Dania Beach Blast" which
will focus on the Marine Industry in our community. She noted the Beach Watch Pier
Restaurant and the Dania Beach Grill will also participate in this event. Ms. Payne indicated
they are on a tight timeframe and are trying to meet all the requirements. She said they would
submit a Special Event application for approval at the December 9 City Commission meeting.
11. Commission Comments
11.1 Commissioner Anton
Commissioner Anton asked the Public Services Director to keep providing an update on the
existing situation on 40d' Avenue.
11.2 Commissioner Bertino
Commissioner Bertino asked for an update on the Dania Beach Hotel.
City Attorney Ansbro advised that they appeared before the Special Magistrate three weeks ago
for accrued fines. He noted that in approximately two months we should be able to foreclose on
the property. City Attorney Ansbro further explained that part of the $100,000.00 collected was
given to the asbestos abatement company, and we currently have $60,000.00 in the escrow
account.
Commissioner Bertino noted he would like to recoup the $15,000.00 from the demolition
company.
11.3 Commissioner Flury
Commissioner Flury discussed the Lift Station on SE 2"d Street. She noted the contractor needs
to begin the landscaping and secure the gate because it was open. Commissioner Flury
commented there may have been some vandalism on the property because there was water
running for two days. She noted that the Commission said they would address the issue once the
project is completed.
Commissioner Flury motioned to have the Property Appraiser look at the property to
establish the tax base; to reimburse Ms. Usifer for the loss of rental for 6 months, and to
waive the water bill for 12 months; seconded by Vice-Mayor Castro.
Commissioner Bertino questioned if this would prejudice us in the event Ms. Usifer has an
attorney.
Minutes of Regular Meeting 9
Dania Beach City Commission
Tuesday,November 25,2008—7:00 p.m.
City Attorney Ansbro noted he has never been contacted by any attorney on Ms. Usifer's behalf.
He further indicated he was unclear on the request for the appraisal.
Vice-Mayor Castro noted the appraisal is important because it would define the current market
value and what the impact is on Ms. Usifer's rental property.
City Manager Palo pointed out that we did not do an appraisal of the property prior to the Lift
Station project.
Commissioner Flury added that Ms. Usifer be compensated for the loss of her rent within
30 days; seconded by Vice-Mayor Castro.
City Attorney Ansbro noted a settlement agreement would be required.
The motion carried on the following 5-0 Roll Call vote:
Commissioner Anton Yes Vice-Mayor Castro Yes
Commissioner Bertino Yes Mayor Jones Yes
Commissioner Flury Yes
11.4 Vice-Mayor Castro
Vice-Mayor Castro asked for an update on the Beach Watch audit.
City Attorney Ansbro noted the audit was postponed due to the City audit and also because the
tenants were not available. The audit will resume on December 6, 2008 and the tenants should
provide the requested items on that date or a Notice of Default will be sent to them.
Vice-Mayor Castro asked for an update on the speed humps petitions.
Dominic Orlando, Director of Public Services, noted he would check and report back. He further
responded for Vice-Mayor Castro that solar lighting will continue to be installed in the west part
of the City and would eventually move to the east.
Commissioner Bertino noted we should be putting money aside every year for the replacement of
the solar batteries.
11.5 Mayor Jones
Mayor Jones asked the Commission for direction on City Lobbyist, Carole Duncanson.
It was the consensus of the Commission to keep Ms. Duncanson for this Legislative session at
the same cost as last year.
Minutes of Regular Meeting 10
Dania Beach City Commission
Tuesday,November 25,2008—7:00 p.m.
Commissioner Bertino would like to have some representation in Tallahassee to obtain road
funding.
Mayor Jones asked about the foreclosure issue.
City Attorney Ansbro reported he had a meeting yesterday on foreclosure matters and he should
bring information to the Commission in early January.
Mayor Jones noted that City Hall does not recycle, and he would like to see this initiated. He
asked the City Manager to meet with Waste Management to see if we can improve upon the
recycling throughout the City.
Mayor Jones asked for the status of the salt water system conversion for the City's pools.
Mark Jensen, Recreation Program Manager, noted that the pool at C.W. Thomas Park has been
completed, and next week they should start working on the pool at P. J. Meli. He further advised
that they have still not found the type of alarms that Mayor Jones requested be installed at the
City pools.
Mayor Jones noted the fence at Memorial Park is in disrepair and needs to be addressed.
Mayor Jones advised the Martin Luther King, Jr. celebration is scheduled for January 3 and
January 19, 2009. He noted that the committee contacted Willie Horton, a former baseball
player with the Detroit Tigers, to speak at the MLK banquet on Saturday, January 3, 2009. The
parade will be on January 19, 2009.
12. Appointments
There were no appointments at this meeting.
13. Administrative Reports
13.1 City Manager
City Manager Palo had no comments.
13.2 City Attorney
City Attorney Ansbro had no comments.
13.3 City Clerk - Reminders
Tuesday, December 9, 2008— 7:00 p.m. City Commission Meeting
Minutes of Regular Meeting 11
Dania Beach City Commission
Tuesday,November 25,2008-7:00 p.m.
14. Adiournment
Mayor Jones adjourned the meeting 9:00 p.m.
ATTEST: CITY OF DANI��AgqBEACH
gROWARps.
a,
LOUISE STILSON, CMC 1 ALBERT C. JONIN
CITY CLERK 2 MAYOR-COMMI SIONER
Approved: January 13, 2009
a D 1"A
Minutes of Regular Meeting 12
Dania Beach City Commission
Tuesday,November 25,2008—7:00 p.m.
'AO 1�•aniaxBeach City Manager Rectrtiftrt nt
November 1$th Violist )3aenziger begins meeting with the Mayor •and;Commissioners
individually to: 1) develop a description of the ideal candidate, 2)
L' understand<the issues facing the next,"
ger,,3) understand the City's
expectations for the selected candidate, 4) discuss the desired
cc nipehsatian package and contract parameters, and 5) finalize the project
`schedttle.
Colin Bomlziger begins drafting the advertisement for publications to be
sent to prospective candidates:
N6vember,10., CMA submits the draft of :the full advertisement to the City for its
review. Comments will be due back byNovember 17'':
November 174: CB&A'posts the full advertisement on its website and submits it to the
appropriate. publications. We also e-mail it to over 9,000 local
gt vVrnment.professionals.
December 10: Closing date for submission of applications.
January 50': CB&A:forwards the semi-finalist materials to the City. These will include
the,ealididates' resumes, a summary of our interviews with the candidates,
the , results of our background and 'reference checks, and
lntemetlnewspaper archives results. Materials arrive on January 6t':
January 8"': Co)in Baenziger meets with the City's elected officials to review the
suggested semi-fnnalists and to determine',vlto will be interviewed
City Commission selects finalists at its special meeting.
January 16a': City holds reception for candidates and speuses.
January 17a' I3Jected Officials interview candidates.
January 1 '�; City selects its next City Manager at a special meeting.
Trost January LJ� C &A works with City Officials on an eniplcryment agreement. We also
stay,in touch to ensure the Council-Manager relationship is a strong one.
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