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08-1143" City o£ St. Paul COUNCIL EILE-NO. - t� �j RESOLUTION RATIERING ASSESS2�NT By /' 5� ^�� / , Tj/ � / �� File No. SEL BELOW 4� ° Assessment No. SEE BELOW Voting Ward In the matter of the assessment of benefits, cost and expenses for J0813A1 (8575) summary abatement (property clean-up) on private property at 511 Bay St on July 14, 2008. 50813A2 (8576) summary abatement (property clean-up) on private property at 89 Garfield St on July 3, 2008. J0801E1 (8577) summary abatement for excessive consumption of inspection services for property code violations billed during January, 2008 at 706 Maryland Ave E(AKA: 704 Maryland Ave E. J0801E2 (8578) summary abatement for excessive consumption of inspection services for property code violations billed during January to April, 2008 at 755 Minnehaha Ave E. I,AID OVER TO 10/07/08 LEG AEAR AND 10/15/08 PUBLIC HEARING. A public hearing having been had upon the assessment for the above improvement, and said assessment having been further considered by the Council, and having been considered finally satisfactory, therefore, be it RESOLVED, That the said assessment be and the same is hereby in all respects ratified. RESOLVED FURTHER, That the said assessment be and it is hereby determined to be payable in One equal installments. Yeas Nays Absent Bostrom � Carter i / Harris � Helgen ` Lantry � Staxk ` Thune ` � � Adopted by Council: Date ����s�pg Adoption Certified by Council Secretary By: Appx By: City of St. Paul Real Estate Division Dept. of Technology & Manaqement Serv.COUNC2L FILE N0. V l�� t` t� REPORT OF � File No. SSE BEI,OW Assessment No. SEE BELOW Voting Ward In the matter of the assessment of benefits, cost and expenses for J0813A1 (8575) summary abatement (property clean-up) on private property at 511 Bay St on July 14, 2008. J0813A2 (8576) summary abatement (property clean-up} on private property at 89 Garfield St on July 3, 20�8. 30801E1 (8577) summary abatement for excessive consumption of inspection services for property code violations billed during January, 2008 at 706 Maryland Ave E(AKA: 704 Maryland Ave E. J0801E2 (8578) summary abatement for excessive consumption of inspection services for property code violations billed during January to April, 2008 at 755 Minnehaha Ave E. LAID OVER TO 1Of07/08 LEG HEAR AND 10f15/08 PUSLIC HEARING. To the Council of the City of St. Pau1 The Valuation and Assessment Engineer hereby reports to the Council the following as a statement of the expenditures necessarily incurred for and in connection with the making of the above improvement, viz: Total costs Parks Admin Charge-Code Real Estate Fee Enforcement Service Charge $445.60 $ sioo.00 $ 80.00 $625.00 TOTAL EXPENDITURES Charge To Net Assessment $625.00 Said Valuation and Assessment Engineer further reports that he has assessed and levied the total amount as above ascertained, to-wit: the sum of $625.00 upon each and every lot, part or parcel of land deemed benefitted by the said improvement, and in the case of each lot, part or parcel of land in accordance with the benefits conferred thereon; that the said assessment has been completed, and that hereto attached, identified by the signature of the said Valuation and Assessment Engineer, and made a part hereof, is the said assessment as completed by him, and which is herewith submitted to the Council for such action thereo m e considered proper. Dated 2� 2 o v� � aluation nd ssment Engineer October 15, 2008 City Council Action Minutes Page 10 53. Resolution Ratifying Assessment — 08-1143 — In the matter of the assessment of benefits, cost, and expenses for sunmiary abatement (property cleanup) on private property at 511 Bay Street on July 14, 2008 (J0813A1); summary abatement (properiy cleanup) on private properiy at 89 G�eld Street on July 3, 2008 (J0813A2); stumnary abatement for excessive consumption of inspection services for properiy code violafions during January 2008 for property at 706 [aka 704] Maryland Avenue East (30801E1); and summary abatement for excessive consumption of inspection services for property code violations from January to Apri12408 far property at 755 Minnehaha Avenue £� West (JOSOlE2). [Laid over from October 1] (GS 3059891) (Legislative Hearing Officer recommends the following: 511 Bav Street (J0813A) — approve the assessment; 89 Garfield Street (J0813A) — approve the assessment; 706 Marvland Avenue East (J0801E) — delete the assessment; and 755 Minnehaha Avenue West (J0801 E) — approve the assessment) Adopted as amended (with corrected address and per the recommendation of the Legislative Hearing Of�icer) Yeas — 5 Nays — 0 (�� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet L' D' L� 1- l 4- 7-- d� l-�' � l-{ -14-/�-0 Pw —r�tu� wo�s 24SEP-08 Green Sheet NO: 3059891 Cnnqct Person 8 Pho�m: Juan Ortiz /1, 266-8864 � � Must Se on Councii Aoen Ux• Type: � OTHER (DOESNT FIT ANY C EAoeumeM Required; Y Document Contact• Kim Robinson Contact Phone: 266-8856 � Assign Number Fw RouUng Order Total # of Signafure Pages _(Clip All Locations fw Sfgnature) Q oblic Works daan Ortiz � �o� Ma Erickson 2 � Cterk At Councii's request these items were faid over to 10l7(08 LEG HEAR and ]0/15/08 PUBLIC HEAR, summ abate at 51 } Bay St on July 14, 2008; snmm abate at 89 GarfieTd St on July 3, 2008; summ abate excess consump during Jan, 2008 at 706 Maryland Ave E (AKA: 704 Maryland Ave E; summ abate excess consump during 7an to April, 2008 at 755 Minnehaha Ave E. File No.'s J0813A1, J0813A2,J0801E1,J0801E2. Planning Commission CIB Cammittee Civil Service Commission 1. Has this personffirm ever worked under a confract for this department? Yes No 2. Has this per"sonlfirm ever been a ary employee? Yes Na 3. Does this personlfirm possess a skill not norma�ly possessed by any current city employee? Yes tJa C-�cpiain ali yes answers on separate sheet and aMach to green sheet initiating Problem, lssues, Opportunity (Who, What, When, Where, Why): Property owners or renters cteate a health hazard at various times throughout the City of Saint Paul when their property is not kept up. The Ciry is required by City code to olean up the property and charge the property owner for the clean up. Advantages HApproved: Cost recovery programs to recover expenses for summary abatement, gass cutting towing of abandoned vehictes, demolitions, garbage hauling and 6oardings-up. Disadvanfages If Approved: None Disadvantages If Not Approved: If Council does not approve these chazges, generai fund would be required to pay the assessment. � o� � �( VI Ttansaction: $625.00 Funding Sourte: CostlRevenue Budget¢d: Activify Number. Fi�ancial Information: (Explain) 4 proptery owners will be notified of the public hearing and chazges. September 24� 2008 1:38 PM Pana t October 7, 2008 Legislative Hearing Minutes Page 2 0�' l �'�-l3 Laid over Suminary Abatement Assessments: 30801E Excessive consumption of inspection services from December 24, 2007 to April 11, 2008; J0813A Property clean ups from June 30 to 3uly 14, 2008; J0814A Properiy clean ups from 7uly 10 to July 30, 2008; and Sll Bav Street (J0813A) Laid over to October 7 per the owner's request. Note: this is the third request and owner will not be granted any additional hearing dates. Mr. Robinson stated this was a category II vacant building. Orders were issued on July 7, 2008 to remove refuse and garbage from the porch and to cut ta11 grass and weeds with a compliance date of July 11. The property was re-inspected on July 11 and the work had not been done. A work arder was sent to the Parks Department who did the work on July 14, 2008 far a total assessment of $230. Judy Brusletten, property owner, stated that she and her busband lived in Wisconsin and had purchased the house for their son after he got divorced. Her son had his own mortgage business; however, with the economy being what it was, his business folded. His former wife sti111ived in the house they had owned jointly, had stopped paying the Xcel bill and owed approximately $3,000. Since the Xcel bill was in her son's name, Xcel transfened the bill to him at this address. The bill went unpaid and Xcel turned the electric and gas off at the property and had since transferred the bill to their property in Wlsconsin. Her son then moved out of the house and the buiiding was now vacant. She said that her son attempted to schedule inspections and either he would not be able to make the appointment and would ca11 the inspector to reschedule and the inspector would not return his calls or he would show up for the inspection only to have the inspector not show up. She said that there was a dresser and some old carpeting on the porch and she did not believe that the dresser should have been taken. Mr. Essling stated that according to STAMP, the certificate of occupancy was revoked due to the lack ofbasic facilities, that being no gas, electric, or water at the property. He said that it appeared that the vacant building fee had not been paid, there had also been a boarding at the property and a code compliance inspection would be necessary and the building brought up to code before the building could be re-occupied. Ms. Brusletten stated that they were attempting to maintain the property the best that they could since they lived in Wisconsin, that the power had been huned back on and the water was scheduled to be turned back on at the end of the week. Ms. Moermond asked to see the video of the clean up that was done which showed carpet, debris and a piece of furniture that had been removed from the front porch. There were also gas cans, debris, and a weed whip that were removed from the back porch of the property. Mr. Robinson also played the video of the lawn and weed removal. October 7, 2008 Legislative Heaxing Minutes Page 3 ��Il�t3 Ms. Moermond stated that it appeared that the City had been maintaining the property. She explained to Ms. Brusletten that if she believed the dresser should not have been removed, she should file a claim with the City Clerk to recover the cost. She recommended approving the assessment. 84 Garfield Street (J0813A) Refened back by Council on September 17 to the October 7 Legislarive Hearing and October 15 Council Public Hearing. Note: property owner plans to provide written testimony in lieu of attending the hearing. Nothing had been received from the property owner and the property owner did not show up for the hearing; Ms. Moermond recommended approving the assessment. 706 Marvland Avenue East (J0801E) Laid over to October 7 per the owner's request. Note: this is the third request and owner will not be granted any additional hearing dates. Mr. Robinson stated a$70 charge for excessive consumption of inspection services was issued; however, he had no information concerning the assessment. John Lippert, property owner, stated that he was attempting to get his property inspected under the Certificate of Occupancy Program wluch had now been done and was signed off with no deficiencies. Ms. Moermond recommended deleting the assessment. 755 Minnehaha Avenue West (J0801E) Ms. Moermond recommended approving the assessment. Entire minutes for this address will be done separately. October 7, 2008 Legislative Hearing Minutes 755 Minnehaha Avenue West (J0801E) c�� Page 8 Julien Mayard, property owner, appeared with his motherlresident, Elsie Mayazd, the appellant. Ms. Moermond stated that the first issue on appeal was a charge for excessive consumption of inspection services in which Ms. Mayard had appeared at the Council Public Hearing on September 17 and the matter was refened back for a legislative hearing in order to obtain a report for the inspector. The other item she wanted to address was the condemnation and order to vacate due to the lack of basic facilities, that being, no electric or gas. It was her understanding that there had also been a criminal citation issued on orders to repair the garage which was now in compliance. She was informed that this matter was continued in district court to July, 2009 to ensure there were no other exterior violations at the property. Ms. Mayard stated that she had contacted an attorney and she did not lrnow what this hearing was about. She had many issues with the City, specifically, the Police Department, which had been ongoing for the past 18 years. She lived at the property, it was her house, and everything was pretty much brand new in the house. Ms. Moerxnond stated that staff had contacted Southern Minnesota Regonal Legal Services (SMRLS) on her behalf. They responded that they had not received a request for representation from Ms. Mayard. Ms. Moermond asked who else lived at the property. Mr. Mayard stated that the house was in his name; however, he lived in Bloomington. Elsie was his mom and he had transferred the title into his name as she was having financial difficulfies. He had another brother who lived at the property and could not understand why no one had contacted lum concerning the orders. He asked his mom what this hearing was about and she had indicated that she was not sure. He had also asked his mom about the outstanding Xcel bill aaid she claimed that she had paid the bill. Ms. Mayard alleged that the City of St, Paul was a bill collector for Xcel and that she had contacted the Attorney General's Office conceming this matter. She did not believe the City had any jurisdiction unless thay know what the issue was. She believed that the City was retaliafing, harassing, and tenorizing her. She said again that there was nothing wrong with the house, everything was brand new in the house and that the City needed to leave her alone. Mr. Mayard wanted to know why he was not receiving the notices concerning this property. He claimed that the only thing that he had ever received was concerning the garage which they had gone to court on and was now fixed. The garage was re-inspected and he told the inspectar that if there was anything else concerning the property, to let him know. . Ms, Mayazd said that by the time they went to court, she had fixed the garage. She tald Ms. Moermond that she needed to "get this through her head" what she said. Ms. Moermond told Ms. Mayazd that she needed to watch the tone of her lanb age and that her turn to talk was over with right now. She said that when she talked to her at the Council Public Hearing conceming her tax assessment, she had gone back to her office and looked on the October 7, 2008 Legislative Hearing Minutes 0� � 1��k3 Page 9 computer and discovered that the house was condemned and ordered vacated. Since this was also an issue, she decided to also hear the issue concerning the condemnation and order to vacate. Ms. Mayard said that they needed to have an attorney at the hearing. Mr. Mayard said that he believed it was unfair to him since he had not received any notice. If he had lrnown about a "problem" he would haue taken care of it. Ms. Moermond responded that when she had talked to him on the phone, she had encouraged him to hire an attorney. She requested a staff report from Ms. Booker. Kelley Booker, DSI — Code Enforcement, stated that a vehicle abatement order was issued on October 16, 2007 which went to wark order on October 29, 2007. A conection notice was also issued to repair the garage vehicie doar on October 16, 2007. On November 24, 2007, a$50 charge for excessive consumption of inspection services was issued for failure to comply with the order to repair the gazage vehicle door. On January 3, 2008, a$75 charge for excessive consumption of inspection services was issued for failure to comply with the order to repair the garage vehicle door. There were also issues with garbage beginning in March, 2008. A sumivary abatement order was issued to remove garbage and to provide proof of garbage hauling service on March 19, 2008. A work order was sent on March 28, 2008 to provide City trash hauling service at the property. On May 12, 200$, a$150 charge for excessive consumption of inspection services was issued far failure to comply with the order to repair the garage vehicle door. A complaint was received on May 15, 200$ that the City trash container that had been at the property was moved to West Minnehaha Playground which she confirmed had been done. She then ordered the City container be removed. As of today's date, she did not have confirmation of a garbage hauling contractor for this property. A conection order was issued on 7une 30, 2008 to provide basic facilities for unit 2, that being utilities, which had been shut off. On July 7, 2008, she received confirmation from Xcel that the utilities had been restored as they had negotiated a payment plan with the responsible party. On 7uly 9, 2008, a citation was issued for non-compliance on the garage vehicle door. She said that she received an e-mail on or about August 10, 2008 from Dauid Palm, City Attomey's Office, inquiring as to whether the garage was in compliance. She inspected the property and found that the garage repairs had been made and she closed the file for this complaint on August 11, 2008. A conection order was issued on September 17, 2008 to provide basic facilities, that being gas and electric far the entire house. According to Xcel, the power was cut off at the pole on August 2, 2008 and the gas meter was re-locked on August 7, 2008 due to tampering with the meter. On September 23, 2008, she checked with Xcel to see if the utilities had been restored which they had not. On September 2A, 2008, she condemned the buiiding as unfit for human habitation and ordered the property immediately vacated. She noted that the condemnation placards had been removed on two occasions. Ms. Moermond asked who the orders were sent to since Mr. Mayard had raised this as an issue. Ms. Booker responded that per Ramsey County Taxation, the homesteader of the property was listed as 7ulien Mayard at 755 Minnehaha Avenue West, which is where the orders were mailed to. There was no other name or address listed for this property. She noted that the property had been believed to be a rental property and was referred to Fire Prevention for a certificate of o� �t�3 October 7, 2008 Legislative Hearing Minutes Page 10 occupancy inspection. Fire Prevention detern�ined that the property was owner occupied and trans£ened the file back to Code Enforcement. Ms. Moermond asked how Mr. Mayard would have his address listed as the responsible party for this property. Ms. Booker suggested Mr. Mayard contact Maynazd Vinge in Code Enforcement to have the file transferred to Fire Prevention under the certificate of occupancy program. Mr. Essling stated that according to STAMP, the orders issued on May 12, 2008 for the excessive consumption charge were mailed to Julien Mayard at 755 Minnehaha Avenue West and to 10044 Nicolette Avenue South #304 in Bloomington. Ms. Moermond stated that the property had been condemned, ordered vacated and there were other related issues as well. Ms. Mayard interrupted and asked Ms. Moermond who she was talking to. Ms. Moermond responded that she was speaking to her son, Mr. Mayazd, as he was the property owner. Ms. Mayard responded that whether she liked it or not, she lived there and there was no issue. She had a letter from the inspectar having been mislead by going to their house. Ms. Moermond interrupted and said that this was conceming the condemnation and order to vacate. Ms. Mayard said that she needed to talk to her and not to her son since she lived there. Ms. Moermond responded that her son, Julien Mayazd's, name was on the title and he was listed as the owner. She said that at the Council Public Hearing, Ms. Mayard had told her that she was the owner which she believed was a misrepresentation on her part. She asked Mr. Mayard whether he was aware of the condemnation and order to vacate due to the utilities being shut off and if he was aware that the meter had been locked due to tampering. Mr, Mayazd responded that he did not know and wanted to find out what was going on. Ms. Mayard interrupted that Ms. Moermond was "lying" and was "making up a story." She said that Xcel made up stories to the City and that she had paid her bill. She believed her due process had been violated as the City had no jurisdiction over Xcel. Ms. Moezmond told Ms. Mayard that she had plenty of opportuniry to have an attorney present and had failed today to do so. She welcomed her to have her attorney attend the Council Public Hearing. She asked Ms. Mayard whether the electric and gas had been turned back on. Mr. Mayard responded that he did not find that the power was on when he was there. He had asked then his mom about the power being shut off and he believed there was some confusion as she told him that she had made payments on the bill. Ms. Moermond said that it appeared that a payment pian had been set up. Ms. Mayard interrupted and said that she had not made any arrangements and that the Attomey General's Office had contacted Xcel concerning her bill. They had negotiated that she pay $2,000 and there would be no problem in talking with Xcel concerning her bill. She claimed that she had called Xcel and they refused to talk to her. They then came back and did whatever they wanted to do. She called the Attorney General's Office again concerning her bill. Ms. Moermond expressed concern that Ms. Mayard claimed that she had been talking to the Attomey General's Office concerning her issues with Xcel when she should have been referted to the Public Ufilities Commission as they were responsible for handling these types of issues. She explained that the City required basic facilities be provided (gas, electric, water, and sewer) v�- t l`�3 October 7, 2008 Legislative Hearing IVlinutes Page 11 in order to inhabit a property. She asked Mr. Mayazd how old his brother was who lived with his mom. Mr. Mayard responded that he believed he was 23. Ms. Moermond asked whether the brother was working and could conh towards the household expenses. Ms. Mayard said that she had paid Xcel $2,000 which was the problem. She said that she was told not to use candles or extension cords which she was not doing since she didn't have power. She believed that this was another `1ie" in the orders. Ms. Booker responded that the language in the order was standard language and that she never indicated that there was a use of extension cords at the property. Ms. Moermond asked if the building was a duplex and if so, who lived in which units. Mr. Mayard responded that he did not control who lived where. Ms. Mayard said that the entire house was lived in as a single unit. Jim Mayard, son of Elsie Mayard, appeared. 7ulien Mayard asked what he needed to do to take care of this situation. Ms. Moermond responded that they needed to have the power turned back on. Mr. Mayard said that when he asked his mom about the Xcel bill, she indicated that she had paid the bill and showed him a receipt for it. He did not know what was going on between his mom with Xcel. Ms. Moermond asked Julien whether he had actually looked at the bill. Mr. Mayard responded that he had not. He said that he would need to contact Xcel concerning the bill; however, he did not believe they would talk to him since his name wasn't on the bili. Ms. Moermond asked 7im Mayard whether he could address the issue with the meter being tampered with and if he was aware of what had happened. Jim Mayard responded that he did not know what was going on. Ms. Mayard interrupted again and said that she believed Xcel was mad and had cut the power at the line. She claimed that she had been in court many times with Xcel for what they had done to her. She believed they were angry which was why she contacted the Attorney General's Office. Ms. Moermond asked Ms. Mayard whether she had been in court with Xcel. Ms. Mayard responded that she had been in court many times; "are you kidding me?! !" Yes, she had been in court many times. Ms. Moermond asked Ms. Mayard whether she understood that she could become homeless or living with her son Julien if this situafion was not taken care o£ Ms. Mayard responded that she would not be homeless and that she had given all of her biils to the Attorney General's Office. She had paid Xcel and she believed the City was invading her privacy. Jennifer Lenzen, Ramsey County House Calls, said that she could check with Xcel conceming the bill and whether there was an outstanding balance on the bill. She said that if money was owed, she did have several outside agencies that she could contact to request financial assistance to pay the outstanding bill. Ms. Moermond asked Ms. Mayard how much she owed Xcel. Ms. Mayard said that she believed she owed $5,000. She claimed that she had a mediation conference scheduled with Xcel through c�—� ��t 3 October 7, 2608 Legislative Hearing Minutes Page 12 the Attorney General's Office_ Ms. Moermond stated that ttus was fine; however, the Code was very clear that if the property lacked gas andlor electricity, no one would be allowed to live at the property. The hearing was adjourned from 12:15 to 12:3Q p.m. in order for Ms. Lenzen to contact Xcel Energy concerning the outstanding bill. Ms. Moermond passed out a handout conceming the outstanding Xcel bill for this property which was obtained by Ms. Lenzen. According to Xcel, $5,000 was owed at the begnn7ng of June; they received a payment of $2,000 in June which left an outstanding balance of $2,742. Xcel indicated that they would need $1,925 in order to tum the power back on at the property. According to Ms. Lenzen, the social service organizations would only be able to provide approximately $1,600 in assistance. That would mean the Mayards would need to come up with approximately $817 to pay the remainder of the outstanding bill. She asked Ms. Lenzen how long it may take to process applications for assistance and who would be responsible for applying for assistance. Ms. Lenzen responded that the person whose name was on the bill would be required to fill out the paperwork and that the time to process applications varied among the different agencies. She asked Ms. Mayard whether she had applied for any assistance during the past year. Ms. Mayard responded that she had not. Ms. Lenzen stated that Ramsey County Emergency Assistance would probably be the best source for assistance; however, it usually took approximately two weeks or more for money to be allocated. It usually only took a few days to find out from the other various agencies as to whether they would provide assistance. Ms. Moermond expressed concern on the ability to fill out the paperwark correctly to apply for assistance and to do so in a timely manner. Mr. Mayard stated that he believed he should be the responsible party in working out the payment for the Xcel bill and that the bill should be changed to lus name and address. Ms. Moermond asked whether anyone in the household was empioyed and contributed to paying the household bills. Ms. Mayazd said that the bill was in her name and she didn't understand. Ms. Moermond interrupted Ms. Mayard and said that she was not answering the question she was asking and expressed concern that she was either unable to understand her ar was not listening to her which lead her to question her competency. She clarified that she was concerned about the other household expenses being paid and the ability to be able to pay those bills into the future. Mr. Mayard asked how soon the Xcel bill could be switched into his name. Ms. Booker responded that she did not know whether Xcel would change the name on the bill since there was an outstanding balance due and owing. Ms. Mayard stated that Xcel was a private entity and she believed the City was violaring her rights. She said that the City ordinances needed to be changed to protect the public interests under the law. She said that she had met the Mayor, Chris Coleman, and she wasn't sure whether he was nice a nice person or whether he was racist; however, she found him to be a very c���tt�3 October 7, 2008 Legislative Hearing Minutes nice person. She believed that City employees were all racist and were not nice people. Page 13 Ms. Moermond said that she wanted to ensure that the Xcel was paid and remained an good standing. She said that she would grant an extension to Friday, October 24 to have Xcel restore the power at the properry. 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