9 June 2014 - German Township

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RECORD OF PROCEEDINGS
Minutes of
Meeting
TIE GERMAN TOlhINSHP BOARD OF TRUSTEES
DAYTON LEGAL BLANK, INC" FOFIM NO 10148
The regular meeting was called to order at 7:08 P.M., at the Valley View
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High School g)- located at 6027 Ge-antoun Farmersville Pike, Germantoun,
Ohio, by Board President Randy Beuson with the Pledge ofAIlegiance.
Tmstees Randy R Beuson, Jacob C. Stubbs and Fiscal Officer Robert W.
Rohrbach Jr. were present.
Tmstee Benjamin F. DeGroat was al)sent and
excused by a MOTION from Mr. Beuson, seconded by Mr. Stubbs, all present
voted in favor Motion passed. Asst. Prosecutor Jonathan Ketter, Police Chief
Joe Andzik, Road & Service Superintendent Jeremy Holbrcok, Zoning IllSPeCtOr
Cheryl Watson, and Police Admin Asst. Laurie Rohrbach were also present.
This meeting was digital tape recorded and the cD is on file. The Germantoun
Press and Dayton Daily News were notified ofthe meeting.
VISITORS - 44 PERSONS SIGNED TIIE ATTENDANCE LIST (ATTACIED).
POLICE S|WEARING IN CEREMONY:
I. ChiefAndzik introduced Benjamin N. Packer to the Board. ChiefAndzik then
recommended that hfr. Parker be hired as a Reserve Police Officer, effective
June 15, 2014, to serve a one year probation period.
hfr. Beuson introduced RESOLtJTION 2014-19, seconded by hdr. Stubbs,
to hire hfr. Benjamin N. Parker as a Reserve Police Officer, effective June 15,
2014, to serve a one year probation period. After discussion, the adoption
vote was as follows: hfr. Beuson- Yes, Mr. Stubbs - Yes, Mr. DeGroat Absent. RESOLUTION 2014-19 passed. The oath ofoffice was
administered by Fiscal Officer Rohrbach. The Board congratulated and
welcomed Officer Parker to the Tounship and the Police Dept.
H. ChiefAndzik introduced Kyle J. Neal to the Board. ChiefAndzik then
recommended that hdr. Neal be hired as a Reserve Police Offlcer, effective
June 15, 2014, to serve a one year probation period.
hfr. Beuson introduced RESOLUTION 2014-20, seconded by hdr. Stubbs,
to hire hdr. Kyle J. Ncal as a Reserve Police Officer, effective June l5, 2014,
to serve a one year probation period. After discussion, the adoption vote was
as follows: hdr. Beuson - Yes, M:. Stubbs - Yes, Mr. DeGroat - Absent.
RESOLUTION 2014-20 passed. The oath ofoffice was administered by
Fiscal Officer Rohrbach. The Board congratulated and welcomed Offlcer
Neal to the Tolunship and the Police Dept.
VISITOR COMMENTS - Comments are condensed for highhights. Recording
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RECORD OF_ PROCEEDINGS
Meeting
Minutes of
TIm GERMAN TO`WNSHIP BOARD OF TRUSTEES
DAYTON LEGAL BLANK, lNC , FOF3M NO
IO148
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canbeobfainedforexactquestions, comments, andremarks.
I. Mr. Benson reported that during the Special Meeting held on June 5th, 2014,
that TowllShiP Board took action to appoint Trustee Benjamin DeGroat to
fill the vacated position # 1 ofthe Valley View Water and Sewer Dist., for
the remainder ofthe term.
He also reported that Jackson To`unship was holding their regular meeti
tonight and it was anticipated that they would appoint someone to flll the
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remaining term ofthe vacated -WSD position #2.
II. =d.drBees:stohne=uepd:hi:::t::;:resrttoot::s:u::tolSoenCsu:::eJdona:tthh:I:s:tterto
.me:telnegxplamedthedlfferenCebetweenORC SectlOnS 1515 and6119 He
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it would work.
. In regards to the VVWSD loans - the district will need to address the
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options.
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lThere to go from here - He reported that he has advised the Tolunship
Trustees ofboth German and Jackson To\unships to flll the vacant
VVWSD positions #1 & #2. That will re-establish the Board, that can
then appoint to flll the vacancy for position #3. This will also allow the
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-WSD Board to re-establish meeting so all the issues can be addresse
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Ill. Greg Helmers of9216 Middletoun Germantown Rd. addressed the Board.
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.. His::::phot::yfte#ead2dPu:shO:ale:h:se:teah::isSa:tt:e:eii:inbj:::JaaJo;a:ssdopol:iestv:o:fetthhBiifri:ise::il:n:nn
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be placed in the bylaws when the district is created. The Tounship
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RECORD OF PROCEEDINGS
Minutes of
Meeting
TIRE GERMAN TOWNSIHP BOARD OF TRUSTEES
DAYTON LEGAL BLANK, lNC , FOFIM NO
IO148
The Board advised it was for the minutes, to show who attended the
meeting.
IV.
John Herlinger of9683 Eby Rd. addressed the Board.
. Asked about the assessment letter. Is the assessment still going
forward?
Mr. Ketter stated he doesn,t advise the vvwsD, but that he has not
seen anything in his research to indicate that the assessments are going
forward.
. Vthen the VVWSD continues, what ifthere is no money' how do they
get legal representation.
Mr. Ketter responded they will have to take whatever action they
Can.
V.
Dallas Watkins 6851 Farmersville Pike addressed the Board.
. Can LexisINexis tell ifthere is any history ofcase law regarding water
districts?
hfr. Ketter advised yes, but that there is very little in existence.
Case law has not developed in this area of61 19.
VI.
Beverly Abner of8850 Main St. addressed the Board.
. Ifthe VVWSD is dissolved, who pays the debt?
hdr. Ketter responded that any assessment would go through the
VVWSD to those that would have benefltted from it.
Are the VVWSD attomey and Fiscal Offlcer going to be terlninated?
Can the Tounship Trustees ensure they are terminated? Have any
names been forwarded to flll the third vacancy?
hfr. Ketter responded that hfr. DeGroat will represent the wishes of
German Township.
. He has heard that the current balance is $25,000. Do the Tounship
Trustees know what the current balance is? Is there a contract with the
Southwest Regional Water District and ifso will there be any
cancellation fees? Will there be any legal fees for the coat to dissolve
the \IVWSD? How long does the Tounship have to pay for the
VVWSD? We don't get any answers!
VII.
Demise Minge of 1 1887 Oxford Rd. addressed the Board.
. Do you know the cost to go green? Cistems take in rain into storage.
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RE:CORD OF PROCEEDINGS
Meeting
Minutes of
TEE GERMAN TOWNSHIP BOARD OF TRUSTEJIES
DAYTON LEGAL BLANK, INC., FOF" NO. 10148
They cost less than $15,000.
Mr. Benson noted that the County will require a Chlorinator to use
rain water ifcollected offa house. City water hauled only requires a
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cistem.
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Tom Tiller of8175 GemlantOWn Pike addressed the Board.
. lTho oversees the accounting and fmances ofthe VVWSD?
M:. Ketter responded the Auditor ofState Offlce, the same as any
other public entity in Ohio.
. Are the VVWSD offlCial required tO give bond?
Mr. Ketter responded that he found nothing in 61 19 requiring
bonding.
IX.
Linda Watkins of6851 Farmersville Pike addressed the Board.
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She has attended these meetings and hears about transparency9 but
maybe someone needs to get the VVWSD audited.
hfr. Ketter advised anyone could call the State Auditor Office.
X.
Joe Lightcap ofOxford Rd. addressed the Board.
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Directed to hfr. Ketter- would you call the Auditor, will you make
that phone call for us? hdr. Ketter replied yes.
XI.
hfr. Owens of9275 Gemanto\hm Middleto\^m Pike addressed the
Board.
. Asked ifthe To\unship Board ofTrustees have a statement of
responsibility,job description etc., and how does that compare to
61 19, for deviation?
hdr. Ketter responded that there is Chapter 505 ORC which lays o
the responsibilities ofthe Trustees and the Trustees actions and that
ORC 6119 is also a State Law.
. Can the VVWSD do what they 66sense" the people want with the
money, do they have any accountability?
Mr. Ketter responded that there is transparency, openness, and
bylaws ofthe VVWSD.
At 8:03 PM hfr. Benson recessed the meeting to allow the visitors to leave.
At 8:13 PM hdr. Benson re-convened the meeting.
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RECORD OF PROCEEDINGS
Minutes of
Meeting
TIIE GERMAN TOlhINSHIP BOARD OF TRUSTEES
DAYTON LEGAL BLANK, INC. FOF" NO. 10148
NUISANCE ABATEMENT PUBLIC HEARING_a
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hdr. Benson introduced a MOTION to open a Public Hearing on Nuisance
Abatement at 1 1967 State Route 725, Parcel ID D14 00804 0041, seconded by
Mr. Stubbs. After discussion, all present voted in favor, the hearing was open.
Zoning Inspector, Cheryl Watson was swom in and reported the issue ofhigh
grass and debris has been abated by the property ovIler Mr. Randall Metcalf.
She stated the property is now in compliance and recommended that no action
be taken.
No one from the audience spoke.
hfr. Benson introduced a MOTION, seconded by hdr. Stubbs to close the
public hearing and take no action as the nuisance has been abated. After
discussion, all present voted in favor, MOTION passed.
II. hdr. Benson introduced a MOTION, seconded by hdr. Stubbs to open a Public
Hearing on Nuisance Abatement at 1 1536 Oxford Rd., Parcel ID D14 00804
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0418.
Zoning Inspector, Cheryl Watson was swom in and reported the issue ofhigh
grass and debris has been abated by the property o\mer hfr. Robert Bartlett. She
stated the property is now in compliance and recommended that no action be
taken.
No one from the audience spoke.
hdr. Benson introduced a MOTION, seconded by hdr. Stubbs to close the
hearing and to take no action as the nuisance has been abated. After discussion,
all present voted in favor, MOTION passed.
Ill. hfr. Benson introduced a MOTION, seconded by hdr. Stubbs to open a Public
Hearing on Nuisance Abatement at 6973 Conservancy Rd., Parcel ID D14
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00707 0035.
Zoning Inspector, Cheryl Watson was swom in and reported the issue ofhigh
grass and debris, supported with photographs ofthe property. She
recommended that the property be declared a nuisance and appropriate cleanup
action be taken.
No one from the audience spoke.
hfr. Benson introduced RESOLUTION 2014-21, seconded by Mr. Stubbs to
close the hearing and declare the property a nuisance and to authorize the
abatement; with the costs being flled With the Montgomery County Auditor, to
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RECORD OF PROCEEDINGS
Meeting
Minutes of
TIE GERMAN TOWNSHIP BOARDQEiTRJ±STE_ES
5TAviON LEGAL_BLANK, INC" FOFIM NO 1 0iiT
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be placed on the tax duplicate ofthe property. After discussion, the adoption
vote was as follows: Mr. Benson - Yes, hdr. Stubbs - Yes, Mr. DeGroat absent; RESOLTUION 2014-21 passed.
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IV. hdr. Benson introduced a MOTION, seconded by Mr. Stubbs to open a Publi
Hearing on Nuisance Abatement at 7069 Conservancy Rd., Parcel ID D14
00707 0026.
Zoning Inspector, Cheryl Watson was swom in and reported the issue ofhi
grass and debris, supported with photographs ofthe property. She
recommended that the property be declared a nuisance and appropriate cleanup
action be taken.
No one from the audience spoke.
Mr. Benson introduced RESOLUTION 2014-22, seconded by hfr. Stubbs t
close the hearing and declare the property a nuisance and to authorize the
abatement; with the costs being flled With the Montgomery County Auditor, to
be placed on the tax duplicate ofthe property. After discussion, the adoption
vote was as follows: hfr. Benson - Yes, hfr. Stubbs - Yes, hdr. DeGroat -
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absent; RESOLTUION 2014-22 passed.
MINUTES The Board reviewed the minutes ofthe May 12, 2014 Regular meeting and th
June 5, 2014 Special Meeting. hfr. Benson introduced a MOTION, seconded
by hfr. Stubbs, to approve the minutes ofthe May 12, 2014 Regular meeting as
corrected; and the June 5, 2014 Special Meeting as submitted. After discussio
All present voted in favor, MOTION passed.
FISCAL OFFICERREPORT I. Correspondence:
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A. OTA - June Grassroot Clippings
B. OPERS - several employer bulletins.
C. Anon)-ous zoning complaint re 15298 Moyer Rd.- copied to Zoning
G. OTARMA - Insurance certificates for meetmg at VVIIS
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RECORD OF PROCEEDINGS
Minutes of
Meeting
_TIIE_gEBMLLNELWN_SHE_BQ!+BD OF TRUSTEES
5rioN LEGAL BLANK, lNC., FOF" NO 10148
H. Ohio EPA - accepting comments re: Rt 48 & I70 interchange
improvements
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I.
Peter Lurker-Resume and request to be considered for vvwsD BoT
Vacaney
I.
Gene Hosler- Records Request audio disk of5/12 and 6/5 meetings
K. Wireless Capital Partners, LLC - tower lease proposal - cheryl to
investigate?
OUT
A.
Germantolun Press & DDN - Mtg. reminders 6/5 & 6/9
B.
City ofGermantown- 5/12 & 6/5 minutes
C.
Monthly - IRS, State, School, OPERS reports & payments
D.
Montgomery Co. Dept. ofEnvironmental Services - Resoluiton 2014-14
Mont. Co. Reuse Facility (McMRF) usage policy, annual renewal.
E.
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Montgomery Co. Offlce ofEmergency Management - Resolution 2014-15
approving the 2014 Multi-Jurisdictional Hazard Mitigation Plan
F.
Gene Hosler - copy of5/12 & 6/5 meeting audio disks.
II. Distribute Financial Reports: 2014 YTD - Cash Summary by Fund,
Fund Status, Payment Report,
Mr. Stubbs introduced a MOTION, seconded by Mr. Benson to
approve the fmancial reports and authorize the payment ofthe bills, checks
46488 thru 46531, including employee payroll direct deposits payments and
payroll tax EFT?s to IRS. After discussion, all present voted in favor,
MOTION passed.
Ill.
hfr. Rohrbach reported that the 2012/2013 period audit continues. The flnal
report is being reviewed by the Auditor ofState.
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IV.
M. Rohrbach reviewed the proposed renewal contract with Miami Valley
Lighting for street lighting for a five year period. The contract will remain
the same the flrSt year, raise 1.5% the second and fourth year. He
recommended approval.
hfr. Benson introduced RESOLUTION 2014-23, seconded by hdr.
Stubbs to renew the street light contract with Miami Valley Lighting as
provided; and to authorize hfr. Benson to sign on behalfofthe Board of
Trustees. After discussion, the adoption vote was as follows: Mr. Benson Yes, Mr. DeGroat - Yes, ndr. Stubbs - Yes. RESOLUTION 2014-23
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RECORD OF PROCEEDINGS
Meetina
Minutes of
TIIE GERMAN TOWNSHIP BOARD___QEiTRIISiTELELS
DAYTON LEGAL BLANK INC , FOF" NO 10148
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passed.
v.
Mr. Rohrbach requested the Board review the proposed renewal ofthe servi
agreement with pro Technologies for the maintenance ofthe Tounship Hall
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phone system; and recommended approval.
hfr. stubbs introduced a MOTION, seconded by Mr. Benson, to continue
with pro Technologies for another 12 month service contract. After
discussion, all present voted in favor, MOTION passed.
VI.
Mr. Rohrbach opened a discussion about renewing our contract with Cint
for our mat cleaning and misc cleaning supplies.
Mr. Benson introduced a MOTION, seconded by hfr. Stubbs to continu
with Cintas for our service rental agreement for mat cleaning) etc. After
discussion, all present voted in favor, MOTION passed.
PRESIDENT REPORT I.
Mr. Benson reported that he has received three estimates/quotes for the
replacement ofthe IIVAC unit for the To\unship Hall meeting room. The
lowest quote was $6,540.00 from Viking Heating and Air in Miamisburg.
The other two bids were signiflCantly higher.
Mr. Benson introduced RESOLUTION 2014-26, seconded by hfr. Stubb
to purchase the replacement IIVAC unit for the TolunShiP Hall meeting roo
from Viking Heating and Air as quoted, installed. After discussion, the
adoption vote was as follows: hfr. Beuson - Yes, Mr. Stubbs - Yes, hdr.
DeGroat - Yes, RESOLUTION 2014-26 passed. Mr. Beuson will notify
Viking.
POLICE REPORT I.
ChiefAndzik reported that the new cmiser will be in service in about a
week.
II.
ChiefAndzik reported that he has begun looking for a vehicle to replace t
urmarked car
Ill.
ChiefAndzik reported that Commission for Accreditation ofLaw
Enforcement Agencies will be on site from Monday) June 16 until Thursda
June 19. The on-site inspection is part ofthe renewal ofthe current
accreditation.
ROAD/SERVICE DEPARTn4ENT REPORT __
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Mr. Holbrook opened a discussion on a proposed Issue H project applicatio
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RECORD OF PROCE:EDINGS
Minutes of
Meeting
TIIf GERn4AN TOlhmTSHIP BOARD OF TRUSTEES
DAYTON LEGAL BLANK, INC" FOF" NO_ 10148
for the widening/resurfacing ofHarris Rd. between Wetzel and Astoria Roads.
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Part ofthe cost would be fmanced by a loan at zero percent interest.
II.
M. Holbrook reported on the completion ofthe second round ofroad side
mowing.
Ill.
M. Holbrook reported on the sale ofthe cartner Flail Mower, Sand Blaster,
Two Aarrowstik light bars, and two mini edge light bars on GovDeals.
IV.
Mr. Holbrook requested a resolution to approve the 2014 Partnership Pool
Program usage as requested by the Montgomery County Engineer. This years
funding will be used for engineering on the Eckhart Rd. Phase 2 and Friend
Road Phase lD, Issue II projects.
Mr. Benson introduced RESOLTUION 2014-24, seconded by Mr. Stubbs,
to accept the Partnership Pool funding from the Montgomery County Engineer
and to apply it to the engineering on the Eckhart Rd. Phase 2 and Friend Road
Phase lD, Issue II projects, as recommended by hfr. Holbrook. After
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discussion, the adop;i:=v;
as follows: hdr. Benson - Yes, hfr. Stubbs -
Yes, hdr. DeGroat-fa, SOLUTION 2014-24 passed.
V.
hdr. Holbrook opened a discussion conceming placing the renewal ofthe
road levy on the 2014 November ballot. He requested that the Board request
certiflCatiOn Ofthe amounts from the Montgomery County Auditor, so the
resolution to place the issue on the ballot can be accomplished at the next
meeting.
hfr. Benson introduced RESOLTUION 2014-25, seconded by hfr. Stubbs
requesting that the Montgomery County Auditor Offlce certify to Gerlnan
To\unship the total currenttax valuation ofGerman TovIIShiP' incorporated and
unincorporated areas, andthe dollaramount ofrevenue that would be generated
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by the Road Levy, a 1 nil levy, for a 5 year period of tine, a renewal tax;
beginning tax year 2015, with flrst half COlleCtiOn in 2016; to provide funding
6CFor the general constmction, reconstruction, resurfacing, and repair ofstreets,
roads, and bridges in municipal corporations, COuntieS, Or townships;" aS
authorized inthe ORC Section 5705.19 (G), to be votedontheNovember4, 2014
General Election ballot. After discussion, the role being called and the adoption
vote was as follows: hfr. BenjaminF. DeGroat - Absent, Mr. Jacob C. Stubbs Yes, Mr. Randy Benson - Yes. RESOLUTION 2014-25 passed.
ZONING a TRASH COLLECTION REPORT -
lj6ty' -(-,ll`
RECORD OF PROCEEDINGS
Meeting
Minutes of
TIm GERMAN TOWNSHIP BOARDJ2FTR___USHES
DAYTON LEGAL BLANK, INC" FO" NOiin
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Zoning Inspector Cheryl Watson requested a Special Board ofTrustees
Meeting to hold a Public Hearing on a Zoning Commission Case # 2014-03Z
Zoning change request from R-1 to O-2. The Board established June 23, 201
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at 7:00 PM for the Public Hearing. Ms. Watson will make the appropriate
advertisements and notiflcations. The Special Meeting is required due to
required time limits between bearings per Ohio Revised Code.
OLD BUSINESS:
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hdr. Stubbs reported that the Pool Oversight meeting was cancelled and t
next scheduled meeting is June 18, 2014 at 7 PM at the City ofGermanto
Council Chambers.
NEW BUSINESS: none
PURCIIASE ORDERS AND BANK RECONCILIATIONS were signed.
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Meeting Adjoumed at 8..39 P. M.
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