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06-23-1980 - Regular ..:. . ;i ..C-'." . ~ u u CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING June 23, 1980 CALL TO ORDER Vice Mayor Rotundo called the meeting to order at 7:00 P.M. In the Edgewater Community Center ROLL CALL Mayor Robert H. Christy Councilman Louis J. Rotundo Councilman David C. Ledbetter Councilman James H. Cameron Councilman Neil J. Asting City Attorney Judson Woods City Clerk Joseph Herget Police Chief Earl Baugh Detective Seargent Bill Rickelman Absent Present Present Present Present Present Present Excused Present INVOCATION Rev. Smith gave the invocation. SALUTE TO FLAG APPROVAL OF MINUTES Councilman Asting made a motion to adopt the minutes of June 16, 1980. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 3-1. Councilman Ledbetter voted no due to absence. BILLS AND ACCOUNTS Councilman Asting made a motion to pay the bills. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 4-0. PRESENTATION Mr. Millikan gave his presentation and stated that the city was loosing approximately $1.19 per 2,000 gallons in water rates Councilman Asting asked Mr. Millikan if he was correct in saying that 2,000 gallons of water costs the city $4.12 to produce it and it IS being sold for $3.50? Mr. Millikan said yes. Councilman Asting asked if it was other cities used the utility tax to subsidize their water and wastewater systems? Mr. Millikan said no. Councilman Asting asked if the utility tax was put on a referendum and voted on by the people to use it to sustain the W/WW Plant, could this money be used for road and street paving and resurfacing program in the City of Edgewater, which is badly needed? He also asked Mr. Woods if this would have to be put on referendum to take the tax off and sub- sidize it for general government? City Attorney Woods said that he was not prepared to answer this at this time. Councilman Asting asked Mr. Woods if a raise became effective in water and sewer rates, could the utility tax be used for road paving and resurfacing. City Attorney Woods said that in his opinion it could be as long as the city met the obligations on the bonds. - 1 - Q Q Councilman Asting asked Mr. Woods to research this. 1B Councilman Asting made a motion to have the City Clerk and the Supervisors of the Water and Waste Water get together and come up with a proposal for the necessary increase in the water and wastewater charges so that council will know how much of an increase will be needed and report back to the council. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 4-0. At this time the Vice Mayor asked fuat the telephone system be brought up on the agenda. TELEPHONE SYSTEM City Clerk Herget read the proposals from Te1e-Systems at $8,370.00, Southern Bell at $11,296.32 and First Communication Corporation at $11,421.00. He recommended to council that they have the current telephone system at city hall be modified at $43.39 more on the phone bill and a one time charge of $164.00 by Southern Bell. Councilman Asting made a motion to accept the City Clerk's proposal to have the system modified. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-0. COMMUNICATIONS City Clerk Herget read a letter to the council asking them to withdraw his name from the position of City Manager. Councilman Asting stated that the council has come under critieism from former political office holders within our city. He said that the charter was being followed. A copy of his notes are attached to these minutes. Councilman Cameron spoke about Mr. Hergets letter stating that he would like to have a full body quorum of the council before accepting the City Manager job and that Mayor Christy had attended a political meeting but was unable to attend the council meetings. He regretted that Mr. Herget would not take the position as City Manager as he felt that the city needs a City Manager at this time and felt that Mr. Herget deserved a vote of confidence. Councilman Ledbetter stated that he did not know anything about the meeting until Wednesday afternoon. Councilman Cameron felt that notices had been hand delivered to each Councilman concerning the meetings. Councilman Cameron made a motion to glve Mr. Herget a vote of confidence. City Clerk Herget said that he just wanted to do the job of City Clerk and that he did not want to get involved in politics. He also said that he appreciated what Mr. Cameron was saying but he just wanted to stay City Clerk. He suggested that if the citizens did not like the way the charter was written that they should change it. Councilman Cameron appreciated Mr. Herget's neutral stand on politics and said that if anyone deserved City Manager, he did. City Clerk Herget read a letter from Mr. A. C. Davis concerning a street drainage problem. 2A Councilman Asting asked Mrs. Davis if this had been corrected to her satisfaction? Mrs. Davis said yes. City Clerk Herget read a letter commending the Street Department for the work done on his street. City Clerk Herget read a letter from the Planning Board concerning a bike path adjacent to U.S. #1. Councilman Asting stated that this bike path would be a safety factor for youngsters and the elderly that ride on the side of U.S. #1. - 2 - Q o Councilman Asting went on to say that this bike path would run from Indian River Boulevard to Turgot Avenue and would be installed at no cost to the city and that the Department of Transportation would grant this money in the amount of $44,000.00. Councilman Cameron made a motion to accept the $44,000.00 from the state and have this sidewalk/bikepath combination to get the children off U.S. #1. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-0. City Clerk Herget read a letter from the Planning Board asking that council approve the by-laws. Councilman Asting made a motion to table this until June 30, 1980 for further study. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-0. City Clerk Herget read a letter from the Board of Governors requesting that Mr. Blazi be appointed by resolution as the Supervisor of Parks and Recreation and also that his annual salary be raised to a com- parable figure with the other supervisors of the city. Councilman Cameron made a motion to appoint Mr. Blazi as Supervisor of Parks and Recreation and increase his salary to $10,250.00. Councilman Asting asked if this would be by a resolution? City Attorney Woods said yes. Councilman Asting seconded the motion. Councilman Cameron amended his motion to increase Mr. Rlazi's salary $750.00, making this an annual salary of $10,480.00.. Councilman Asting amended this into his second. Upon roll call the motion CARRIED 4-0. City Clerk Herget read a letter from the Merit Board requesting an increase in membership from 5 members to 7 members. Councilman Cameron made a motion to take the recommendation of the Merit Board. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-0. 10 minute recess at this time. COORDINATORS REPORT Councilman Ledbetter no report. Councilman Cameron said that there were several requests for street lights and that there was a vacancy on the street light committee. Councilman Cameron made a motion to appoint Mr. William Phinney to the Street Light Committee. Councilman Asting seconded the motion. Councilman Asting turned the street light requests over to Councilman Cameron. Upon roll call the motion CARRIED 4-0. Councilman Cameron asked Mr. Herget how much money had been spent in the repair of the sound system, so far? City Clerk Herget said that $12.95 had been spent and that more repair needed to be done. Councilman Cameron said that there were rumors about his character and he asked that the City Clerk read the letter from the Police Depart- ment of Middletown, Pennsylvania. City Clerk Herget read the letter. A copy of the letter from the Police Department of Middletown is attach- ed to the original minutes. Councilman Asting nominated Jim Cameron to the light committee and turn over 5 requests for street lights. Councilman Ledbetter seconded the nomination. - 3 - o o Vice Mayor Rotundo asked the City Clerk to read a letter from the Edgewater Volunteer Fire Department concerning a parade on July 4, 1980. City Clerk Herget read the~letter. Councilman Asting made a motion to approve the request. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-0. City Clerk Herget said that he had received a request from the South Volusia Amateur Radio Club requesting a proclamation making June 22nd 2B to June 28th Amateur Radio Club week. He then read the letter. Councilman Asting made a motion to have Vice Mayor Rotundo prepare a proclamation for this organazation. Councilman Asting made a motion to have Mr. Cameron appointed to the street light committee. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-0. City Attorney Woods had no report. RESOLUTIONS City Attorney Woods read Resolution 80-R-163. A RESOLUTION APPOINTING DONNIE H. WILLIAMS TO THE EDGEWATER PLANNING BOARD, OF THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Asting made a motion to adopt the resolution. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 4-0. City Attorney Woods read Resolution 80-R-164. A RESOLUTION AUTHORIZING THE CITY CLERK OF THE CITY OF EDGEWATER, FLORIDA, TO PAY THE SUM OF $733.00 AS THE CITY'S SHARE OF THE VOLUSIA COUNCIL OF GOVERNMENT'S CPP-208 GRANT PROGRAM; REPEALING ALL RESOLU- TIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Asting made a motion to adopt the resolution. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 4-0. City Attorney Woods read Resolution 80-R-165. A RESOLUTION APPOINTING EDWARD A. PILCH, JR. TO THE EDGEWATER BUILDING CODE BOARD OF ADJUSTMENTS AND APPEALS, OF THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Asting made a motion to adopt the resolution. Councilman Cameron seconded the motion. Upon roll call the motion.CARRIED 4-0. City Attorney Woods read Resolution 80-R-166. A RESOLUTION APPOINTING WILLIAM PHINNEY TO THE EDGEWATER ZONING BOARD, OF THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Cameron made a motion to adopt the resolution. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 3-1. Councilman Ledbetter voted NO. ORDINANCES City Attorney Woods read Ordinance 80-0-61. AN ORDINANCE PROVIDING FOR A PENALTY FOR ABSENCE FROM REGULAR COUNCIL MEETINGS; PROVIDING FOR CODIFICATION OF THIS ORDINANCE AS SECTION 2-34 OF THE EDGEWATER CODE OF ORDINANCES; PROVIDING FOR REPEAL OF ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION OF THIS ORDINANCE BY TITLE ONLY; PROVIDING FOR AN EFFEC- TIVE DATE. - 4 - o o Councilman Cameron made a motion to adopt the ordinance. Councilman Asting seconded the motion. Councilman Ledbetter asked the City Attorney if the city has a Merit Ordinance granting the city employees a leave of absence 'in case of illness. City Attorney said yes. Councilman Ledbetter asked if this ordinance takes the authority away from a councilman? City Attorney Woods said no and that he did not understand the question. Councilman Ledbetter said that he was scheduled for a by-pass July 8th, he will be in the hospital and he feels that this ordinance wants him to beg the city council's permission to go in for this operatio~ if he wants to keep walking. Councilman Cameron said that if he was in the hospital it would be a legitimate excuse but if sufficient evidence could not be given to the council he did not see how it could be excused. If Mayor Christy could attend political functions else~here, but walk out on and not ~ttend city cou~cil meetings, ~hen he should resien his post or be put off council. Councilman Asting asked Councilman Ledbetter if he would be in the hospital one month? Councilman Ledbetter said that he did not know and informed council that he would go into the hospital July 8th. He then said that he was not trying to duck council meetings. Councilman Asting said that council acknowledged his excused absence. Mr. Millard asked if this was under the laws of the state. City Attorney said that that was pursuant to 166.041, the law of the State of Florida. Mr. Garthwaite felt that the ordinance was rather vague. He said that the citizens elected city officials and that this ordinance gave council the right to kick someone off. Councilman Cameron said that the city had received no doctors letter from Mayor Christy's doctor and that he had not requested permission for a leave of absence. Councilman Asting said that if a council member was negligent in his official duties, then he needed to be off council. Council explained that if a member gave legitimate proof and informed the council first, then council could grant a leave of absence. This is only to help keep some kind of control on council members. Mr. Garthwaite said that he felt that the ordinance should be much more specific. Council felt that this ordinance was specific enough. Mr. Williams said that even Congress could remove the President by impeachment for malfeasence and nonfeasence. He felt that there should be some limit and agreed with council that it should be controlled. Mr. Witzig felt that there was too much personality conflict and agreed with the ordinance. Upon roll call the motion CARRIED 3-1. Councilman Ledbetter voted NO. - 5 - o o City Attorney Woods read Ordinance 80-0-62. 3A AN ORDINANCE VACATING THAT CERTAIN FIFTY FOOT RIGHT-OF-WAY LOCATED AT THE END OF EVERGREEN DRIVE, EDGEWATER, FLORIDA, BETWEEN BLOCK 10, LOTS 254 AND 255, AND BLOCK 13, LOTS 315 AND 318, FLORIDA SHORES, UNIT NO.1, MAP BOOK 19, PAGE 209 AND MAP BOOK 23, PAGE 57, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ADVERTISEMENT OF THIS ORDINANCE BY THE CITY CLERK AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Asting made a motion to adopt the ordinance. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 4-0. OLD BUSINESS Mr. Feeney reported to council that if a new well was put in that it would not help Florida Shores as there are no direct lines to Florida Shores. Mr. Wadsworth recommended to council that the city go out for bids for the installation of the 12" PVC pipe and that the City Clerk write a letter to Briley Wild requesting the authorization to utilize these materials. This will be installed from Park Avenue along the west side of Mango Tree to 12th Street. Councilman Asting made a motion to authorize the City Clerk to go out for bids for the 12" PVC pipe needed for the Water Department and that it comes out of an entirely different fund and has nothing to do with our budget. Councilman Cameron seconded the motion. Councilman Asting incorporated into his motion that the City Clerk write a letter to Briley, Wild requesting authorization or their concurrence in utilizing the money that's in this one fund to pay for this material. Councilman Cameron seconded the incorporation. Upon roll call the motion CARRIED 4-0. Mr. Bosse said that no bids had been received for the repairs of a 12" gravity sewer line on Riverside Drive, due to some unforseen difficulties. He asked council authorization to readvertise the bids for inspection, cleaning and possible rehabilitation of this line and have the bids corne back to city hall by July 30th to be read at the August 4th council meeting. Councilman Cameron made a motion to accept the recommendation of Mr. Bosse to go out for the reschedule of bidding. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-0. AUDIENCE MISCELLANEOUS Mr. Witzig suggested that council make the vacation of properties work to the advantage of the city. When the city takes over property for, say, a period of 10 years they pay no taxes on the property and returns it to the owner, it is worth twice as much and no taxes have been collected during the 10 year period. He felt that the city should have some way to collect these taxes or at least recover the taxes that have been lost. City Attorney Woods said that there was no way to recover the back taxes and that council had the authority to either vacate a piece of property or not. Mr. Phinney said that the charter has received a greaf deal of criticism He said that as the city grows and changes, so should the charter. He suggested that the citizens and city consider the creation of a Char~er Review Commission to review the charter every X number of years. ThlS would enable the city to anticipate the city's growth and what the city as a whole would need. - 6 - o o Councilman Ledbetter asked the City Attorney was put out by referendum? when the City Cha~ter City Attorney Woods said part of it was back in 1951 and it has been continuously revised. Councilman Ledbetter's statement 1S not audible. City Attorney Woods r.~ply'is not audible. Councilman Asting made a motion to adjourn. Councilman Cameron seconded the motion. Meeting adjourned Minutes submitted by Donna Prevatt ~ tJ~> 'J ~ &~ ;1Y a~,~ (/Councilman ~ ~ , -, ~l Co cilman - \ ATTEST: ~ I (}t. tJr City C1er ~ . rL~ Approved this~P day of June 980. - 7 - . .e police P'ClUCC Q;,wns~.ip :J)/fartment of ~;JJletown o ~ ........""~ ~ ~ HOWARD C. SHOOK CHIEF OF POLICE 700 NEW RODGERS ROAD 215.949.1000 LEVITTOWN. PENNA 19056 June 19, 1980 To Whom it May Concern: This is to certify that I have been personally acquainted with James H. Cameron, 1505 South Riverside Drive, Edgewater, Florida, from a period beginning with 1950 and until 1975 when he left our area for Florida. During the years tra t he resided in the L3.nghorne area, he was a businessman, a community minded man, and was always well respected in tre community. He was always an advocate of good Government, and as such, attended many town meetings and voiced his opinions which were res pected. Furthermore, he was respected by the police department and was always on the side of law and order. I have always had a high regard for Mr. Cameron and also for all of the members of his family. It would be a pleasure to welcome back to Langhorne, Mr. Cameron and his family, if he ever decided to move out of the Florida area. Sincerely, ~c~~ Chief of Police HCS:ct ,.' ., "Ii'" " I, ." .41-' ~~' "" Ill", ',1, '\1 t.o.,', , ,~ ~ .tl iA n, . . '...i:'r1.-',' ff.l "",', "I ." .," ~}) I.,_!,".,. Jl~' ii - ., . " . ~",':"" '(':. . :.,.~" ~,': i l." t.'/.... ,'1'/4 5!- i 'tI ~ - "i!~;. ..:;.... oJ ~t .;t I Jf.4l . . ,..1..".,;.", "',.. - '"", , .! ;...., ,j'ol~ .~. .;;: l~.1!...~TJ,.. .' '\~, ~ ~-'" ,.ll' -, ... . ,"'tl ~' r. 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