HomeMy WebLinkAboutReference Agenda City Council - 11/10/200911:45 A.M. - ~ clamation declaring Tuesday, November 10, 2009 as "Lynda Jones Day"
clamation declaring Saturday, November 14, 2009 as "Corpus Christi Recycles Day"
proclamation declaring the week of November 10-17, 2009 as "United States Marine Corps Week"
~oclamation declaring the month of November 2009 as "National Home Care Month"
certificate of Commendation to Clark Waters -Gabe Lozano Certified Golf Course Superintendent
C6nvention & Visitor's Bureau (CVB} Presentation of Brad Lomax "Spirit of Hospitality Award" to Mr.
VPeter Bryant
AGENDA
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
CITY HALL -COUNCIL CHAMBERS
1201 LEOPARD ST.
CORPUS CHRISTI, TEXAS 78401
NOVEMBER 10,-2009
12:00P.M. lhr(j~
PUBLIC NOTICE -THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS
ARE PROH-B/TED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY
COUNCIL.
Members of the audience will be provided an opportunity to address the Council at approximately 4:00 p.m., or the
end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state
your name and address. Your presentation will be limited to three minutes. If you have a petition or other information
pertaining to your subject, please present if to the City Secretary.
Si Unied desea dirigirse al Concilio y cree que su ing/es es limitado, habr~ un interprete ingl~s-espanol en fodas las
juntas del Concilio pars ayudarle.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to
contact the City Secretary's office (at 369-826-3105) at least 48 hours in advance so that appropriate arrangements
can be made.
A. Mayor Joe Adame to call the meeting to order.
~. Invocation to be given by Reverend Steve Fieldcamp, First United Methodist Church.
C. Pledge of Allegiance to the Flag of the United States. "`~ ~,~~~-
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor Joe Adame
Mayor Pro Tem Priscilla Leal
Council Members:
Chris N. Adler
Brent Chesney
Larry Elizondo, Sr.
Kevin Kieschnick
John Marez
Nelda Martinez
Mark Scott
City Manager /angel R. Escobar ~~
Interim City Attorney Lisa Aguilar~~
City Secretary Armando Chapa _~
Agenda
Regular Council Meeting
November 10, 2009
Page 2
E. MINUTES:
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Approval of egular Meeting of October 27, 2009. (Attachment
# 1) ~ ~ ~~
F. EXECUTIVE SESSION: ~ ~ ,1 b
PUBL/C NOTICE is given That the City Council may elect fo go into
executive session at any time during the meeting in order to discuss
any matters lisfed on the agenda, when authorized by the provisions
of the Open Meeting Act, Chapter 551 of the Texas Government
Code, and that the City Council spec~cally expects to go into
executive session on the following mafters. In the event the Council
elects to go into executive session regarding an agenda ifem, fhe
section or sections of the Open Meetings Act authorizing fhe
executive session will be publicly announced by the presiding office.
2. Executive session under Texas Government Code Section
551.071 for consultation with its attorney regarding Nueces
County Water Control and Improvement District No. 4 vs. City of
Corpus Christi, before the Texas Commission on Environmental
Quality, TCEQ Docket No. 2008-1473-UCR, SOAR Docket No.
582-09-1170; with possible discussion and action in open
session.
G. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 3)
3. * Citizens Advisory Health Board
* Park and Recreation Advisory Committee
* Reinvestment Zone No. Two Board
* Weed and Seed Steering Committee
H. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are lisfed
as motions, resolutions, or ordinances. If deemed appropriate, fhe
City Council will use a different method of adoption from the one
listed; may finally pass an ordinance by adopting it as an emergency
measure rather than a fwo reading ordinance; or may modify the
action specified. A motion to reconsider maybe made at this meeting
of a vote at the last regular, or a subsequent special meeting; such
agendas are incorporated herein for reconsideration and action on
any reconsidered ifem.
Agenda
Regular Council Meeting
November 10, 2009
Page 3
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
CONSENT AGENDA I ~1 : ~~ _': pQ
Notice #o the Public (0i
The following items are of a roufine or administrative nature. The Council has
been furnished with background and support material on each item, and/or it
has been discussed at a previous meeting. All items will be acted upon by
one vote without being discussed separately unless requested by a Council
Member or a citizen, in which event the item or items will immediately be
withdrawn for individual consideration in its normal sequence after the items
not requiring separate discussion have been acted upon. The remaining
items will be adopfed by one vote.
CONSENT MOTIONS RESOLUTIONS, ORDINANCES AND ORDINANCES
FROM PREVIOUS MEETINGS:
(At this point the Council will vote on all motions, resolutions and ordinances
not removed for individual consideration.)
4. Motion approving a service agreement with Mueller Service Co.,
of Plant City, Florida, for a water valve inspection, operating and
repair program in accordance with Bid Invitation No. 61-00141-
09 based on best value for an estimated annual expenditure of
$53,928 of which $40,446 is budgeted in FY 2009-2010. The
term of the contract will be for twelve months with an option to
extend for up to two additional twelve-month periods subject to
the approval of the supplier and the City Manager or his
designee. Funds have been budgeted by Water Department in
FY 2009-2010. (Attachment # 4)
5. Motion approving the lease purchase of approximately 5,124
curbside collection containers from Schaefer Systems
internationa{, of Charlotte, North Carolina for the total amount of
$232,071.60. The award is based on the cooperative
purchasing agreement with the Houston-Galveston Area
Council of Governments (H-GAC). The containers will be used
in the City's automated collection program. Funds for the lease
purchase of the curbside collection containers will be provided
through the City's lease/purchase financing program.
(Attachment # 5)
Motion approving the lease/purchase of fifteen (15) riding
mowers and purchase of two (2) riding mowers from .tohn
Deere Company, of Cary, North Carolina for the total amount of
$202,779.57. The award is in accordance with the State's
Cooperative Purchasing Program. The equipment will be used
zao9 30~.
2x09 308
2009 309
Agenda
Regular Council Meeting
November 10, 2009
Page 4
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
by the Parks and Recreation and Wastewater Departments. All
seventeen units are replacements to the fleet. Funding for the
purchase of the equipment is available in the Capital Outlay
Budget of the Maintenance Services Fund. Funding for the
lease/purchase of the equipment will be provided through the
City's lease/purchase financing program. (Attachment # 6)
7.
a. Ordinance appropriating and approving the transfer of funds
in the amount of $154,180 from the Unreserved Fund
Balance in the No. 1020 General Fund for "one time"
expenditures into the Capital Outlay Budget of the
Maintenance Services Fund No. 5110 for the purchase of
vehicles; changing the FY 2009-2010 Operating Budget
adopted by Ordinance No. 028252 by increasing
appropriations by $150,180 in the No. 1020 General Fund,
and by increasing both estimated revenues and
appropriations in the No. 5110 Maintenance Services Fund
by $150,180 each. (Attachment # 7)
8.
b. Motion approving the purchase of ten (10) 2010 Ford Fusion
4 Door Sedans from Philpott Motors Ltd., Nederland, Texas
in the amount of $150,180. The award is based on the
cooperative purchasing agreement with the Texas Local
Government Purchasing Cooperative (TLGPC). These units
are replacements to the fleet and will be used by the Police
Department, Uniform Division. Funding is available from the
FY 2009-2010 Capital Outlay Budget in the Fleet
Maintenance Fund. (Attachment # 7)
a. Resolution authorizing the City Manager or his designee to
accept a grant in the amount of $1,750,442.43 and to
execute the 2009 Sub-Recipient Agreement and all related
documents with the Texas Departmen# of Public Safety,
Division of Emergency Management, FY 2009 Homeland
Security Grant Program, to purchase specialized equipment
and for training. (Attachment # 8}
b. Ordinance appropriating $1,750,442.43 from the Texas
Department of Public Safety, Division of Emergency
Management FY 2009 Homeland Security Grant Program,
into the No. 1062 Fire Grants Fund to purchase of
specialized equipment and for training. (Attachment # 8)
2009 310
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Regular Council Meeting
November 10, 2009
Page 5
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CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
a. Resolution authorizing the City Manager or his designee to
accept a $83,344 grant addendum awarded by the Area
Agency on Aging of the Coastal Bend for the FY 2009 Senior
Community Services, Elderly Nutrition Program. (Attachment
# 9)
b. Ordinance appropriating a $83,344 grant addendum from the
Area Agency on Aging of the Coastal Bend in the No.1067
Parks and Recreation grants fund for the FY 2009 Senior
Community Services, Elderly Nutrition Program. (Attachment
# 9)
c. Resolution authorizing the City Manager or his designee to
accept a $7,673 grant addendum awarded by the Texas
Department of Aging and Disability Services for the FY 2009
Senior Community Services, Title XX Meals on Wheels
Program. (Attachment # 9)
d. Ordinance appropriating a $7,673 grant addendum from the
Texas Department of Aging and Disability Services in the
No. 1067 Parks and Recreation grants fund for the FY 2009
Senior Community Services, Title XX Meals on Wheels
Program. (Attachment # 9)
10.
a. Resolution authorizing the City Manager or his designee to
accept a $445 grant awarded by the Texas Department of
Agriculture Texans Feeding Texans Program for the FY
2009 Senior Community Services, Elderly Nutrition Program.
(Attachment # 10)
b. Ordinance appropriating a $445 grant from the Texas
Department of Agriculture Texans Feeding Texans Program
in the No. 1067 Parks and Recreation Grants Fund for the
FY 2009 Senior Community Services, Elderly Nutrition
Program. (Attachment # 10)
c. Resolution authorizing the City Manager or his designee to
accept a $500 grant awarded by the United Way Emergency
Food and Shelter National Board Program for the FY 2009
Senior Community Services Program. (Attachment # 10)
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Agenda
Regular Council Meeting
November 10, 2009
Page 6
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CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
d. Ordinance appropriating a $500 grant from the United Way
Emergency Food and Shelter National Board Program in the
No. 1067 Parks and Recreation Grants Fund for the FY 2009
Senior Community Services Program. (Attachment # 10}
a. Resolution authorizing the City Manager or his designee to
accept a grant in the amount of $58,492 and to execute a
contract and all related documents with the Texas State
Library and Archives Commission for the Loan Star Libraries
Grant to be used as follows: $40,492 for books for all
libraries; $1,000 for archival supplies for La Retama Central
Library; and $17,000 for servers and thirteen pcs for public
use. {Attachment # 11)
b. Ordinance appropriating a grant in the amount of $58,492
from the Texas State Library and Archives Commission into
the Library Grants Fund No. 1068 to be used as follows:
$40,492 for books for all libraries; $1,000 for archival
supplies for La Retama Central Library; and $17,000 for
servers and thirteen pcs for public use. (Attachment # 11)
12. Ordinance appropriating $117,064.46 from the Municipal Court
Building Security Fund designated for Municipal Court facility
security to include walk-thru detector services and hand-held
radios for the City Marshals; changing FY 2009-2010 Operating
Budget adopted by Ordinance No. 028252 to increase
appropriations by $117,064.46. (Attachment # 12)
13. Ordinance appropriating $153,762.15 from the Municipal Court
Technology Fund for Municipal Court technological
improvements including Server Work, Copier and PC leases,
Court Software Data Base Analyst services and toners for
Prosecutor's Office; changing FY 2009-2010 Operating Budget
adopted by Ordinance No. 028252 to increase appropriations by
$153,762.15. (Attachment # 13)
14. Ordinance appropriating $26,712.94 from the Municipal Court
Judicial Improvement Fund for judicial improvements; changing
FY 2009-2010 Operating Budget adopted by Ordinance No.
028252 to increase appropriations by $26,712.94. (Attachment
# 14)
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Agenda
Regular Council Meeting
November 10, 2009
Page 7
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
15. Ordinance appropriating $179,504.60 from the Municipal Court
Case Manager Fund for salaries, retirement and insurance for
three (3) case managers hired to address all court ordered case
management, previously working for the Juvenile Assessment
Center and one (1) case manager to address Juvenile Now
Adult (JNA) cases at the Municipal Court; changing FY 2009-
2010 Operating. Budget adopted by Ordinance No. 028252 to
increase appropriations by $179,504.60. (Attachment # 15}
16.
a. Ordinance appropriating an amount of $189,325 from the
Unappropriated Fund Balance in Water Fund No. 4010 and
amount of $189,325 from the Unappropriated Fund Balance
in Wastewater Fund No. 4200 to procure a prefabricated
modular building to replace the City Hall Annex Building;
changing the FY 2009-2010 Operating Budget adopted by
Ordinance No. 028252 to increase appropriations by
$378,650. (Attachment # 16)
b. Motion declaring an emergency and authorizing the City
Manager or his designee to execute a procurement contract
with Mobile Mini, Inc. of Corpus Christi, Texas in the amount
of $265,894 to replace the City Hall Annex Building to
preserve the property of the municipality, protect the public
health or safety of the municipality's residents, and that the
procurement is necessary because of damage to public
property. (Attachment # 16}
17. Motion authorizing the City Manager, or his designee, to
execute a letter of agreement with Nueces Electric Cooperative
in Robstown, Texas, in the amount of $54,714.06 for the FM
624 Continuous Lighting Plan, from Highway 77 to
approximately 1,500 feet west of County Road 73. (Attachment
# 17)
18. Resolution urging adoption of Federal Legislation to extend the
period of designation of Tax-Preferred Empowerment Zones,
Rural Enterprise Communities, and Renewal Communities.
(Attachment # 18)
19. Second Reading Ordinance - Naming the Promenade,
sidewalks, and adjacent areas along Corpus Christi Beach, as
the Corpus Christi Beachwalk. (First Reading - 10/27109)
(Attachment # 19)
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200 312
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Agenda
Regular Council Meeting
November 10, 2009
Page 8
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
J. PUBLIC HEARINGS:
ZONING CASES:
20. Case No. 0909-01. Star Concrete: A change of zoning from the
"I-2" Light Industrial District to the "I-3" Heavy Industrial District
resulting in a change of land use from Eight industrial use to
heavy industrial use described as 1,200 square feet out of one
(1) acre total, out of the Allen and Cameron Industrial Park, Lot
12 generally located north of Leopard Street, approximately
1,573 feet southeast of Southern Minerals Road.
(WITHDRAWN BY APPLICANT) (Attachment # 20)
K. REGULAR AGENDA i `,~o - ~ , ~-r'~
CONSIDERATION OF MOTIONS RESOLUTIONS, AND ORDINANCES:
21. First Reading Ordinance -Renaming the park located at 3221
Richmond at Up River Road & IH 37 from "Jackson Woods
Park" to Matthew Thebeau Memorial Park. (Attachment # 21)
22.
a. Motion authorizing the City Manager or his designee to
execute a construction contract with Graham Construction
Services, Inc. of Eagan, Minnesota in the amount of
$50,456,230 for the New Broadway Wastewater Treatmen#
Plant. (Attachment # 22)
b. Motion authorizing the City Manager or his designee to
execute Amendment No. 3 to the professional engineering
services contract with Carollo Engineers, P.C., of Dallas,
Texas in an amount not to exceed $855,669 for additions!
construction, phase, construction observation, and project
management services for a restated fee not to exceed
$8,221,462 for the New Broadway Wastewater Treatment
Plant. (Attachment # 22)
c. Motion authorizing the City Manager or his designee to
execute an engineering materials inspection, testing and
laboratory services contract with Rock Engineering and
Testing Lab, Inc., of Corpus Christi, Texas in an amount not
to exceed $299,997 for the New Broadway Wastewater
Treatment Plant. (Attachmen# # 22)
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Regular Council Meeting
November 10, 2009
Page 9
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PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary}
23.
a. Motion to amend prior to second reading Sections 27D-4.3
of the Wind Energy Ordinance, by revising paragraph (C).
(Attachment # 23)
b. Motion to amend prior to second reading Sections 27D-7 of
the Wind Energy Ordinance, by revising Subsection 27D-7.1.
(Attachment # 23}
c. Second Reading Ordinance -Amending the Corpus Christi
Zoning Ordinance by adding new definitions in Sections 3-1,
by re-designating Subsection 3-1.64.1 as Subsection 3-
r ~'3.~ a r 1.64.2, by re-designating and revising Subsection 3.1.67.3
as Subsection 3.1.67.4, by revising Subsections 3-1.65.2
and 3-1.65.5, by adding a new Article 27D, and revising
Section 29-3.13, relating to the use, regulations, and review
standards for the installation and siting of Wind Energy
Conversion Units within the City Limits; amending conflicting
provisions of the City's Comprehensive Plan; repealing
conflicting ordinances; providing for severance; providing for
penalties; providing for publication; and providing an
effective date. (First Reading -10/27/09) (Attachment # 23)
24.
a. Motion authorizing the City Manager or his designee to
execute a Construction Agreement with The Preserve at
Mustang Island, LLC through its managing member,
Forestay (USA) Real Estate Group , lnc. in the amount of
$1,503,690.93 for the reconstruction and widening of Zahn
Road, and associated water, wastewater, drainage, and
landscaping improvements from State Highway 361, east to
a point approximately 1,000 fee# landward from the Gulf
beach vegetation line. (Attachment # 24)
b. Ordinance appropriating $1,101,999.38 from the Developer.
Participation Project in the No. 3546 Street 2009 CIP Fund
to reimburse The Preserve at Mustang Island, LLC for the
City's share of the reconstruction and widening of Zahn
Road, and associated water, drainage, and landscaping
improvements from Sta#e Highway 361, east to a point
approximately 1,000 feet landward from the Gulf beach
vegetation line, as specified in the Zahn Road Construction
Agreement. (Attachment # 24)
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November 10, 2009
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{Refer to legend at the end of the
agenda summary)
c. Ordinance appropriating $401,691.55 from the No. 4220
Sanitary Sewer Collection Line Trust Fund to reimburse The
Preserve at Mustang island, LLC for the installation of 529
linear feet of 8-inch PVC sanitary sewer collection line and
1,537 linear feet of 10-inch PVC sanitary sewer collection
line required for future development of General Land Office
property under lease by~ the City, as specified in the Zahn
Road Construction Agreement. (Attachment # 24)
L. PRESENTATIONS: . '~ ~' ~ • t "J
Public comment will not ~e solicited on Presentation items.
25. Proposed Packery Channel Tax Increment Financing (TIF)
Project Improvements (Attachment # 25)
26. Health and Risk Management Claims Report - 4~' Quarter FY
2009 /General Accounting Standards Board (GASB) Update
{Attachment # 26)
27. Change in Fiscal Year Update (Attachment # 27)
M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS
NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT
APPROXIMATELY 4:00 P.M. OR AT THE END OF THE
COUNCIL MEETING WHICHEVER iS EARLIER. PLEASE
LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN
TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD,
PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL
CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A
recording is made of the meeting; therefore, please speak into the
microphone located at the podium and state your name and address.
!f you have a petition or other information pertaining to your subject,
please present it to the City Secretary.)
PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT
PROHIBITS THE CITY COUNCIL FROM RESPONDING AND
DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW
ONLY AUTHORIZES THEM TO DO THE FOLLOWING:
1. MAKE A STATEMENT OF FACTUAL INFORMATION.
2. RECITE AN EXISTING POLICY IN RESPONSE TO THE
INQUIRY.ADVISE THE CITIZEN THAT THIS SUBJECT WILL
BE PLACED ON AN AGENDA AT A LATER DATE.
~`. 15~' ~ ~ f 5"
Agenda
Regular Council Meeting
November 10, 2009
Page 11
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE,
EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL
DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL
MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS
POLICY /S NOT MEANT TO RESTRAIN A CITIZEN'S FIRST
AMENDMENT RIGHTS.
N. CITY MANAGER'S COMMENTS: (NONE)
O. ADJOURNMENT: ~ • ~ Lj~
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front
entrance to City Hall, 1201 Leopard Street, at ~- ~_! p•m•,
on November 5, 2009.
4
rmando Chapa
City Secretary -
NOTE: The City Council Agenda can be found on the City's Home
Page at www.cctexas.com on the Thursday before regularly
scheduled council meetings. If technical problems occur, the
agenda will be uploaded on the Internet by the Friday.
Symbols used to highlight action items that implement
council goals are on attached sheet.
City Council Goals 2009-2011
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Economic Development Strategic Plan
Coliseum Plan
Development Process Improvement
Support Public Safety
Garwood Water Plan
Develop Street Plan
Community Pride
Sustainability and Renewable Energy
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