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1985-06-04 Workshop Session3740 REGULAR MEETING TUESDAY, JUNE 4TH, 1985 The City Council of the City of Okeechobee met in regular session in Council Chambers, 55 Southeast Third Avenue, Okeechobee, Florida, at 2:00 P.M. Chairman Oakland R. Chapman called the meeting to order with the following Councilmen present: Oakland R. Chapman, Chairman/Mayor Andy Rubin, Vice-Chairman,/Vice-Mayor Edward Douglas, Councilman Oscar Thomas, Councilman Nick Collins, Councilman Others present were: Bonnie S. Thomas, City Clerk L.C. Fortner, Jr., Administrative Assistant Jerry Bryant, City Attorney Sue Ocher, Deputy Clerk Lydia J. Wilkerson, Deputy Clerk Larry Mobley, Police Chief Keith Tomey, Fire Chief Steve Figley, Assistant Dir. of Public Utilities Chuck Elders, Street Superintendent AGENDA ITEM #II AND #I I - INVOCATION AMID PLEDGE OF ALLEGIANCE Reverend C.R. Kilgore, Pastor of the Okeechobee Church of God, presented the Invocation, followed by the Pledge of Allegiance. 85-1 AGENDA ITEM #IV - APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF MAY 7, 1985 Mayor Chapman asked if there were any additions or deletions to the minutes of the Regular Meeting of May 7, 1985. There being no additions or deletions the minutes were approved as presented. AGENDA ITEM #V - APPEARANCES 85-38 a) Mr. Frank Wilhur nf i-ha nka=hr,r,00 Mr. Wilbur addressed Council stating that the Taxpayer's Association was in favor of the election dates being changed to coincide with the County election dates, and presented the Mayor with a petition of citizens also in favor of the change. Mayor Chapman presented the petition to Clerk Thomas. Clerk Thomas accepted the petition for record. Attorney Bryant stated the ordinance title changing the date of elections was incorrect and should state that it was amending the Charter of the City of Okeechobee instead of amending the Code of Ordinances of the City of Okeechobee. Clerk Thomas stated the new ordinance title could be read into the minutes and re -advertised with the amended title, the second and 3741 final public hearing could then be held on June 18, 1985. After further discussion by Council concerning the election ordinance, Councilman Rubin made a motion that the ordinance be read by title only. Councilman Douglas seconded the motion. Motion carried. Attorney Bryant read the title as follows: AN ORDINANCE AMENDING THE CHARTER OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING ARTICLE III, SECTION 10 PROVIDING FOR THE DATE OF ELECTIONS; PROVIDING CITY ELECTION DATES TO COINCIDE WITH THE GENERAL ELECTION DATES IN OKEECHOBEE COUNTY; PROVIDING AN EFFECTIVE DATE. Councilman Douglas made a motion that the ordinance be set for second and final hearing on June 18, 1985. Councilmen Rubin and Collins seconded the motion. Motion carried. a� • Councilman Collins made a motion to read the ordinance by title only. Councilman Douglas seconded the motion. Motion carried. Mayor Chapman asked for audience comments. There were none. Mayor Chapman read the ordinance by title only as follows: AN ORDINANCE CLOSING AMID VACATING A PORTION OF SOUTHWEST 18TH COURT, A PORTION OF SOUTHWEST 19TH COURT, AND A PORTION OF SOUTfWST 6TH AVENUE, IN THE CITY OF OKEECHOBEE; PROVIDING AN EFFECTIVE DATE. Councilman Douglas made a motion to set the ordinance for second and final public hearing on June 18, 1985. Councilman Collins seconded the motion. Motion carried. .� �; 4.�,+u � � ' 1= _.3. �;s�• ;_ i *� �. • _ •���� ems. .�� i��� �• •1•<4tM1,'N�1 :__. �• y ��yl I.N �• ;A ;Sid Councilman Collins made a motion that the ordinance be read by title only. Councilman Douglas seconded the motion. Motion carried. Mayor Chapman read the ordinance by title only as follows: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING APPENDIX A BEING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF OKEECHOBEE WHICH ESTABLISHES ZONING REGULLATIONS AND PROVIDES FOR THE ADMINISTRATION, ENMRCF14ENT AND AMENDMENT THEREOF; PROVIDING FOR A CHANGE IN THE CLASSIFICATION OF SPECIFIED LAND FROM RG-2 TO COMMERCIAL, RG-2 TO CPO, COMMERCIAL TO CPO AND RESIDENTIAL SINGLE FAMILY TO CPO. Mayor Chapman asked for audience comments. Steve Padgett, Mr. and Mrs. Clyde McCrocklin, Mr. and Mrs. John Collier, Mr. and Mrs. Joe Bryant, Ms. Kennedy and Ms. Johnson stated 3742 6- �- 5 they were opposed to the rezoning. Mr. Allen Markham addressed Council stating that he was in favor of his property being rezoned, the north half of lots 148, 149 and 150. A lengthy discussion was held by Councilmembers concerning the rezoning. Councilman Collins made a motion that all of the rezoning be rejected except that portion of Allen Markham's property known as the north half of lots 148, 149 and 150. Councilman Rubin seconded the motion. After further discussion by Councilmembers, the motion carried. 85-21 AGENDA ITEM #Tx - IMTMI— 10N AND FIRST RF LNG OF AN ORDTNANrF AMENDING CHAP ER 7. ARTICLE II OF THE COD OF ORDINANCES OF THE CITY OF OKEECHOBEE Zn PROVIDE FOR THE AMPTION OF THE 101 LIFE SAFETY CODE_ Councilman Douglas made a motion to read the ordinance by title only. Councilman Collins seconded the motion. Motion carried. Attorney Bryant read the title as follows: AN ORDINANCE AMENDING CHAPTER 7, ARTICLE II, SECTION 7 - 11 OF THE CODE OF ORDINANCES OF THE CITY OF OKEECHOBEE, FLORIDA, CONCERNING FIRE PREVENTION; PROVIDING FOR ADOPTION OF THE 101 LIFE SAFETY CODE, 1985 EDITION, AS PROMULGATED BY THE NATIONAL FIRE PROTECTION ASSOCIATION; PROVIDING THAT THE 101 LIFE SAFETY CODE SHALL TAKE PRECEDENT OVER THE STANDARD FIRE PREVENTION CODE OF THE SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL, INC. IN THE EVENT OF INCONSISTENCIES BETWEEN THE CODES; PROVIDING AN EFFECTIVE DATE. Fire Chief Tomey stated that he did not have any problems with the adoption of the 101 Life Safety Code. Councilman Douglas made a motion that the ordinance be set for second and final public hearing on June 18, 1985. Councilman Collins seconded the motion. Motion carried. 85-21 AGENDA ITEM #kX - INTRODUCTION AM FIRST READING OF AN ORDTNANC>: AMI NDING THE CODE OF QRDINNNCES OF THE CITY OF OKEECHOBEE PRONTO N]f FOR THE REPEAL OF CHAPTER 5. WHICH SETS FORTH BUILDTNG AND CONSTRUCTION REGULATIONS, Councilman Douglas made a motion to have the ordinance read by title only. Councilman Collins seconded the motion. Motion carried. Attorney Bryant read the ordinance title as follows: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF OKEECHOBEE, FLORIDA; PROVIDING FOR THE REPEAL OF CHAPTER 5, WHICH SETS FORTH BUILDING MZ) CONSTRUCTION REGULATIONS; PROVIDING THAT BUILDING AND CONSTRUCTION REGULATIONS AND FEES SHALL HEREAFTER BE UNIFOR61 VITH AND SHALL BE ESTABLISHED AND ENFORCED PURSUANT TO THE PROCEDURES OF THE COUNTY OF OKEECHOBEE, FLORIDA; PROVIDING THAT THE ORDINANCE SHALL NOT AFFECT THE CITY FIRE PREVENTION CODE; PROVIDING AN EFFECTIVE 3743 85-32 85-21 DATE. Councilman Douglas made a motion to set the ordinance for second and fi 1 na public hearing on June 18, 1985. the motion. Motion carried. Councilman Collins seconded Councilman Collins made a motion to read the ordinance by title only. Councilman Douglas seconded the motion. Motion carried. Attorney Bryant read the ordinance title as follows: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF OKEECHOBEE, FLORIDA; PROVIDING FOR REPEAL OF APPENDIX A - ZONING ORDINANCE - BEING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, WHICH ESTABLISHES ZONING REGULATIONS THE ADMINISTRATION, ENFORCE AND MEM AND PROVIDES FOR PROVIDING THAT ALL APPLICATIONS FOR BUI THEREOF PERMITS INVOLVING PROPERTY LOCATED WITHIN THE CITY OF OKEECHOBEE SHALL BE SUBMITTED TO THE CITY PUBLIC WORKS AND UTILITIES DEPARTMENT AND CITY FIRE CHIEF APPROVAL AS TO COMPLIANCE WITH CITY IIATER FOR D�NAGE PLANS AND CITY FIRE SAFETY SEWER, AND ISSCIME OF ANY PERMIT; PROVIDING THAT �E PRIOR � OR TO FOR REZONING OF REAL PROPERTY LOCATED WITHIN THECITY �� OF �ECHOBEE SHALL FIRST BE SUBMITTED PING COMMISSION; PROVIDING FOR FINAL E COUNTY AND DEPOSITION By THE CITY COUNCIL AS M CONSIDERATION REZONINGS OF REAL PROPERTY LOCATED WITHIN THE CITY OF ALL PROPOSED OKEECHOBEE; PROVIDING THAT THE CITY COUNCIL SHALL HAVE THE SAME AUTHORITY AND RESPONSIBILITY AS THE COUNTY COMMISSION REGARDING PROPOSALS FOR REZONING OF REAL PROPERTY LOCATED WITHIN THE CITY OF PROVIDING THAT COMPLAINTS OF ZONING VIOLATIONSWITHIN THE CITY OF OKEECHOBEE SHALL BE APPROPRIATE DEPARTMENT OF T REFERRED TO THE INVESTIGATIONS; PROVIDING AN EFFECTIVE COCINTTY FOR ECTIVE DATE. Councilman Douglas made a motion to set the ordinance for second and final reading on June 18, 1985. Councilman Collins seconded t he motion. Motion carried. U TION ANl 7�*�r*y. v aY -'Attorney Bryant read the ordinance title as follows: AN ORDINANCE `MENDING CHAPTER 2, ARTICLE II OF THE CODE OF ORDINANCES OF THE CITY OF OKEEHCOBEE• CODSECTION AMEMING RCE TO DELETE THE JURSIDICTION OF THE CITY CO�.Z,RUCTION T BOARDOVER VIOLATIONS OF BUILDING EGANm JURISDICTION REGULATIONS AND ZONING; PROVIDING THAT OVER VIOLATION OF BUILDING AND C0NSTRCK`1I0N REGULATIONS AND ZONING SHALL BE VESTED IN THE EECfiOBEE COUNTY CODE ENFORCEMENT BOARD PURSUANT 70 THE INTERLOCK, AGREEMENT BEWEEN THE CITY OF 3744 OKEECHOBEE AND THE COUNTY OF OKEECHOBEE, DATED APRIL 15, 1985; PROVIDING AN EFFECTIVE DATE. Councilman Douglas made a motion to set the ordinance for second and final public hearing on June 18, 1985. Councilman Collins seconded the motion. Motion carried. SP2 BUNKER GEAR FOR THE FIRE DEPARTMENT. Safety Equipment Company with the N.F.P.A. gloves and 660 C helmets $7439.23 Safety Equipment Company with regular gloves and 660 C helmets $7153.59 Safety Equipment Company with regular gloves and 660 helmets $6912.62 Municipal Equipment Company -alternate bunker coats,pants,helmets, and gloves $6478.00 Harolds Sales Service -alternate bunker coats, pants, 660 helmets $5985.40 East Coast Fire Equipment - helmets and gloves only $1904.40 Fire Chief Tomey stated he would recommend accepting with the bid from Safety Equipment Company with the N.F.P.A. gloves and 660 C helmets in the amount of $7439.23 or the one with the regular gloves and 660 C helmets in the amount of $7153.59. After discussion, Councilman Douglas made a motion that the Council accept the bid from Safety Equipment Company in the amount of $7153.59. Councilmen Rubin and Collins seconded the motion. Motion carried. • • 4 Nub � �►� � • • •1•�4�: •1� � _�- Director Fortner stated that Widell Associates, Inc., has requested the City grant them a time extension of 67 days, October 7th, 1985. The City will still be elegible to receive the 55% Grant funding. Councilman Collins made a motion that the time extension be granted to Widell Associates, Inc. has requested. Councilman Douglas seconded the motion. Motion carried. VAN •4ii, AM- i _ i 4 ` TO -DRAW UP PLANS AND APPLY FOR • Dli G`�- -a Director Fortner explained the necessity of having an engineer complete the necessary studies on the S.E. 8th Avenue bridge in order for the City to receive the necessary permits for the reconstruction of the bridge. Council discussed the most feasible and economical way of replacing the bridge. Councilman Douglas made a motion to hire Broome, Van Ostran and Associates, to conduct the necessary studies and draw the plans for the required permits for a box culvert. Councilman Collins seconded the motion. Motion carried. iv- - '" ME nill Director Fortner explained that an engineering firm was needed 11 to perform a traffic study at the intersection of South Park and S.W. 5th Avenue to determine and recommend improvements necessary to reduce the safety hazards. The cost of the study would be approximately $3,000 to $3,500. Councilman Rubin made a motion for the City to hire an engineering firm. Councilman Collins seconded the motion. Motion carried. XTOUNIZIMINVems Councilmembers discussed the change order. After discussion, Councilman Collins made a motion that the City approve the change order provided the necessary funds were available in the Administrator's lapsed salaries budget. Councilman Rubin seconded the motion. Mayor Chapman asked for a vote on the motion. Councilmen Collins, Rubin, Thomas and Mayor Chapman were in favor of the motion. Councilman Douglas stated he opposed the motion until he could see the financial IIsituation of the budget line item for lapsed salaries in the Administrator's budget. Motion carried. Director Fortner recommended the change order be approved. Councilman Douglas made a motion that the change order be approved. Councilman Collins seconded the motion. Motion carried. 85-42 AGENDA ITEM IXIX - ACTION BY THE COUNCIL FOR PROCEEDING UNDER THE PY17kT[TTTIR171mmI,- P-%a&"r.rnrmTT7n 17TT/'VYnT LfnTi11T - - fTTfT- � w.-. -- Councilmembers discussed hiring an engineering firm under the Consultant's Competitive Negotiation Act. Mayor Chapman stated that Director Fortner and Steve Figley would head the committee. Attorney Bryant stated that it was up to the Council to decide on the ranking of the engineering firms. Councilman Rubin suggested the engineering firms be ranked in the following order: 1. Montgomery. 2. Gee and Jenson. 3. Broome, Van Ostran. Councilman Collins' suggestion: 1. Montgomery. 2. Broome, Van ©strap. 3. Gee and Jenson. Councilman Douglas agreed with Councilman Collins' suggestion. Mayor Chapman's suggestion: 1. Montgomery. 2. Broome, Van Ostran. 3. Gee and Jenson. Councilman Collins made a motion for the ranking of the engineering firms to be as follows: 1. Montgomery. 2. Broome, Van Ostran. 3. Gee and Jenson. Councilman Douglas seconded the motion. Mayor Chapman asked for a vote on the motion. Councilmen Collins, Douglas voted "Aye". Councilman Rubin voted "No". Mayor Chamw voted "Aye". Motion carried. AGENDA ITEM IXX - MAYOR TO CALL ON ANYONE IN THE AUDIENCE WISHING TO ADDRESS THE COUNCIL Danny Boromei addressed Council concerning the Corps of Engineers Environmental Impact study and left a copy of the study with Administrative Assistant Fortner. A ,1, Clerk Thomas presented the warrant registers for Council's approval. Z. Clerk Thomas read a letter which was received from the Cardinal 374'7 Industries in appreciation of our visit and interest in their firm. 85-29 �, 1, Director Fortner stated the payment request #7 for Widell and Associates was ready for Council's approval, in the amount of $587,701.18, pending Farmers Home approval. Councilman Douglas made a motion that the payment request be approved pending Farmers Home approval, in the amount of $587,701.18. Councilman Collins seconded the motion. Mayor Chapman called for a vote on the motion. Councilmen Douglas and Collins voted "Aye". Councilman Rubin voted "No". Mayor Chapman voted yes. Motion carried. 85-29 Director Fortner presented the next payment request #7 for Taddie Underground, in the amount not to exceed $169,576.51, pending i Farmers Home approval. Councilman Collins made a motion to approve payment request # 7 for Taddie Underground, in the amount not to exceed $169,576.51, pending Farmers Home approval. Councilman Douglas seconded the motion. Mayor Chapman asked for a vote on the motion. Councilmen Collins and Douglas voted "Aye". Councilman Rubin voted "No". Mayor Chapman voted "Aye". Motion carried. _J, Director Fortner asked Council if the City could accept a bond or letter equal to the amount of their required utility deposits for commercial establishments. Council agreed for Attorney Bryant to research the possibility of commercial establishments paying the required utility deposit with a bond. And report back to the Council at the next meeting. 0, j Co i lman Collins explained the problem with the traffic light at the intersection of South Park Street and 5th Avenue, where the traffic was backed up waiting for the signals to change. Z, C=Ci Imam __ Collins stated the area around the Post Office, 2nd Avenue and Park Street, turning signals are painted on the road for traffic turning right or left, which could cause a traffic accident. Director Fortner explained that these signals were painted on the road by the Department of Transportation. We will notify D.O.T. to investigate the situation and correct it. 85-8 Aynroval of Warrant R i c4-ors � ^ SQunci M=-Dougl as made a motion that the Warrant Registers be approved for the Water and Sewer Fund in the amount of $22,237.85 and the General Fund in the amount of $15,363.17. Councilman Douglas made 3748 the motion to approve the Warrant Registers and Councilman Collins seconded the motion. Motion carried. Councilman Douglas updated the Council on the Kissimmee River Land Use Plan. (j- Councilman Rubin commented on the following items: 1) it should include in the minutes that there was hazardous sites located within the City such as chemicals that are buried. 2) when the minutes would be given to the Council. 3)Item #16 on the status report. 4) State Legislature passing the 2 cent gas tax. 5) Occupational licenses. 6) New letterhead for the City. 7) Director Fortner coripleting the paving list for those streets to be paved during the 1986 fiscal year. C% J, Mayor Chapman spoke concerning Bill Varnadore building a warehouse behind his store (Western Auto) and not having the required number of parking spaces. The Building Official said there was available parking, Director Fortner says there is not enough parking. Council discussed the matter. After discussion, Councilman Collins made a motion that if the Building Official did not attend the next Council meeting - he would not receive his pay check (be fired) Councilman Rubin seconded the motion. Motion carried. Mayor Chapman commented on the Police Department's activity report being helpful. There being no further business to discuss the meeting was adjourned. OYY___ -ig - AGENDA CITY COUNCIL MEETING June 4, 1985 - 2:00 P.M. I. Call to Order. II. Invocation offered by a member of the Ministerial Association. III. Pledge of Allegiance led by Mayor Oakland Chapman. IV. Approval of the minutes of the regular meeting of May 7, 1985. V. Appearance: a) Mr. Frank Wilbur of the Okeechobee Taxpayers' Association to discuss changing the date on which the city elections are held. VI. Public hearing and final reading of an ordinance amending the Code of Ordinances of the City of Okeechobee providing for a change in the election date for the city elections. VII. Introduction and first reading of an ordinance providing for the closing and vacating of the following streets in the S.W. section. 18th Court between 4th & 5th Avenues 19th Court between 4th & 5th Avenues 6th Avenue between 7th Avenue and 19th Street VIII. Public hearing and final reading of an ordinance amending Appendix A being the comprehensive zoning ordinance of the City of Okeechobee providing for a change in the classification of specified land from RG-2 to commercial, RG-2 to CPO, commercial to CPO and residential single family to CPO. IX. Introduction and first reading of an ordinance amending Chapter 7, Article II of the Code of Ordinances of the City of Okeechobee to provide for the adoption of the 101 Life Safety Code. X. Introduction and first reading of an ordinance amending the Code of Ordinances of the City of Okeechobee providing for the repeal of Chapter 5, which sets forth building and construction regulations. XI. Introduction and first reading of an ordinance amending the Code of Ordinances of the City of Okeechobee providing for repeal of Appendix A - Zoning Ordinance, being the Comprehensive Zoning Ordinance. XII. Introduction and first reading of an ordinance amending Chapter 2, Article II of the Code of Ordinances of the City of Okeechobee; amending Section 2-17 to delete the jurisdiction of the Code Enforce- ment Board over violations of building and construction regulations and zoning. XIII. Bid review and approval by council for the purchase of bunker gear for the fire department. XIV. Discussion and action by council relative to granting a time extension on the contract with Widell Associates, Inc. at the new wastewater treatment plant. XV. Discussion and action by council to authorize Broome, Van Ostran & Assoc., Inc. to draw up plans and apply for permits for installation of a box culvert to replace the bridge on S.E. 8th Avenue. XVI. Discussion and action by council to authorize hiring an engineering firm to perform a traffic study at the intersection of South Park and S.W. 5th Avenue to determine and recommend improvements necessary to reduce safety hazard. Kr Ar City Council Meeting Agenda June 4, 1985 page 2 XVII. Action by council to approve a change order to include three additional streets in the current paving contract with J.J. Zayti Trucking, Inc. XVIII. Action by council to approve a change order to install twelve -inch gate valves and reducers at the sewer plant. XIX. Action by the Council for proceeding under the Consultants' Competitive Negotiation Act to select a minimum of three of the most qualified engineering firms for the purpose of supplying their service to expand the water plant. XX. Mayor to call on anyone in the audience wishing to address the council. XXI. Mayor to call on the City Clerk, Administrative Assistant, City Attorney and Councilmen for reports and/or requests. XXII. 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