HomeMy WebLinkAbout20173753RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 1, 2017
The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity
with the laws of the State of Colorado at the regular place of meeting in the Weld County Administration
Building, Greeley, Colorado, November 1, 2017, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chair and on roll call the following members were
present, constituting a quorum of the members thereof:
Commissioner Julie A. Cozad, Chair
Commissioner Steve Moreno, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
County Attorney, Bruce Barker
Acting Clerk to the Board, Stephanie Frederick
Senior Accountant, Chris D'Ovidio
MINUTES: Commissioner Moreno moved to approve the minutes of the Board of County
Commissioners meeting of October 30, 2017, as printed. Commissioner Conway seconded the motion,
and it carried unanimously.
,__= AMENDMENTS TO AGENDA: Chair Cozad removed Commissioner Coordinator Reports due to
the size of the Agenda.
CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the Consent Agenda as printed.
Commissioner Moreno seconded the motion, and it carried unanimously.
PRESENTATIONS:
1) RECOGNITION OF SERVICES, WILLIAM HEDBERG - WELD FAITH PARTNERSHIP
COUNCIL: Chair Cozad read the certificate for the record, recognizing Mr. Hedberg for his time and
voluntary contributions on the Weld Faith Partnership Council. Each one of the Commissioners thanked
him for his dedication and time on the Board. Mr. Hedberg expressed his appreciation to the Board for
the many opportunities presented to him. (Clerk's Note: The Board paused the meeting for a photo
opportunity.)
a 2) RECOGNITION OF SERVICES, KEN PONCELOW - REGIONAL COMMUNICATIONS
ADVISORY BOARD AND 911 EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD: Chair
Cozad read the certificate for the record and each of the Commissioners thanked Mr. Poncelow for his
voluntary service and time dedicated to the citizens of Weld County.
I/a7/aoI1
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• AMENDMENTS TO THE AGENDA: Chair Cozad added the following New Business items:
13) Consider Acceptance of Corrected Quit Claim Deed and authorize Chair to sign — Hoshiko
Resources, Inc., 14) Consider Amendment to Purchase and Sale Agreement and authorize Chair to sign
- Hoshiko Land, LLC, and 15) Consider Acceptance of Quit Claim Deed and authorize Chair to sign —
Hoshiko Resources, Inc. Commissioner Conway moved to add the New Business items #13, #14, and
#15 and amend the Agenda. Seconded by Commissioner Freeman, the motion carried unanimously.
IN PUBLIC INPUT: No public input was given.
BIDS:
1) APPROVE BID #B1700105, INMATE TELEPHONE SERVICES - SHERIFF'S OFFICE AND
DEPARTMENT OF JUSTICE SERVICES (CONT'D FROM 10/25/2017): Rob Turf, Department of
Purchasing, recommended continuing this matter to November 13, 2017. Commissioner Kirkmeyer
moved to continue said matter to November 13, 2017. The motion was seconded by
Commissioner Conway, and it carried unanimously.
EA 2) APPROVE BID #61700110, INMATE FOOD SERVICES - SHERIFF'S OFFICE: Mr. Turf stated
staff recommends awarding to the low bidder, Aramark Correctional Services, LLC. Commissioner
Moreno moved to approve said low bid. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
• 3) PRESENT BID #B1700104, DIGITAL SOLUTION FOR VIEWING MICROFLIM - DEPARTMENT
OF INFORMATION TECHNOLOGY/DISTRICT ATTORNEY: Ryan Rose, Director of the Department of
Information Technology, stated this is a two-part bid; the first is to convert the microfilm to PDF files, for
which two (2) bids were received. The second is to have a software solution, that will read the microfilm,
for which staff received three (3) bids. He stated staff will bring back a recommendation on November 15,
2017.
NEW BUSINESS:
El 1) CONSIDER CONTRACT ID #1508 MEMORANDUM OF UNDERSTANDING FOR COLORADO
WORKS AND CHILD CARE ASSISTANCE PROGRAMS AND AUTHORIZE CHAIR TO SIGN: Judy
Griego, Director of the Department of Human Services, presented the annual performance contract
between Weld County and the Colorado Department of Human Services. Commissioner Kirkmeyer
stated there are several staff members who worked on this and she appreciates everyone's hard work.
Commissioner Kirkmeyer moved to approve said Memorandum of Understanding and authorize the Chair
to sign. Seconded by Commissioner Moreno, the motion carried unanimously.
• 2) CONSIDER CONTRACT ID #1525 LEASE AGREEMENT AMENDMENT (THE GREELEY
BUILDING) AND AUTHORIZE CHAIR TO SIGN - COLORADO RECOVERY PROPERTIES, LTD., V.
PARTNERSHIP: Ms. Griego reviewed the terms for the lease agreement amendment for the Division of
Child Welfare's Parent Education Center. Commissioner Kirkmeyer moved to approve said lease
agreement and authorize the Chair to sign. Seconded by Commissioner Freeman, the motion carried
unanimously.
• 3) CONSIDER DESIGN -BUILD CHANGE ORDER #3 FOR LAW ADMINISTRATION BUILDING
REMODEL (BID #B1700030) AND AUTHORIZE CHAIR TO SIGN — GROWLING BEAR COMPANY,
INC: Toby Taylor, Director of the Department of Buildings and Grounds, reviewed the terms for Change
Order #3 for the Guaranteed Maximum Price for the construction phase of the vault remodel at 822 7th
Street, Greeley, Colorado, in the amount of $328,558.17. In response to Commissioner Conway, Mr.
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Taylor confirmed this is the old vault downtown. Commissioner Freeman moved to approve said change
order #3 and authorize the Chair to sign. The motion, which was seconded by Commissioner Kirkmeyer,
carried unanimously.
4) CONSIDER CONTRACT ID #1520 MEMORANDUM OF UNDERSTANDING FOR VICTIM
ADVOCATE SERVICES UNIT AND AUTHORIZE CHAIR TO SIGN — MEAD POLICE DEPARTMENT:
Jennifer Oftelie, Sheriff's Office, presented the terms of the agreement for Victim Advocate Services with
the Town of Mead. Commissioner Conway moved to approve said memorandum of understanding and
authorize the Chair to sign. Seconded by Commissioner Moreno, the motion carried unanimously.
5) CONSIDER CONTRACT ID #1516 AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK
GRANT FOR CR 53 BRIDGE PROJECT AND AUTHORIZE CHAIR TO SIGN: Roy Rudisill, Director of
the Office of Emergency Management, presented the agreement for the amount of $333,085.00, which
will cover construction costs, but not design charges. Commissioner Conway moved to approve said
agreement and authorize Chair to sign. The motion was seconded by Commissioner Freeman, and it
carried unanimously.
• 6) CONSIDER CONTRACT ID #1526 GRANT AGREEMENT FOR HAZARDOUS MATERIALS
EMERGENCY PLANNING (HMEP) PROGRAM AND AUTHORIZE CHAIR TO SIGN: Mr. Rudisill
presented the amended agreement because the State notified the County that some of the required
language was inadvertently omitted. Commissioner Freeman moved to approve said agreement and
authorize the Chair to sign. The motion, which was seconded by Commissioner Conway, carried
unanimously.
e 7) CONSIDER TEMPORARY CLOSURE OF CR 8.5 BETWEEN CR 27 AND WEST TO END: Amy
Joseph, Department of Public Works, reviewed the terms of the closure effective November 6, 2017,
through November 9, 2017, to replace a drainage culvert. She stated no dust abatement will be necessary
on the detour routes. Commissioner Conway moved to approve said temporary closure. The motion was
seconded by Commissioner Moreno and it carried unanimously.
El 8) CONSIDER TEMPORARY CLOSURE OF CR 78 BETWEEN CRS 29 AND 31: Ms. Joseph
presented the closure effective November 6, 2017, to replace an irrigation culvert and stated staff will
treat the one -mile gravel detour route with water for dust abatement. Commissioner Freeman moved to
approve said temporary closure. The motion, which was seconded by Commissioner Conway, carried
unanimously.
r_= 9) CONSIDER TEMPORARY CLOSURE OF CR 8 BETWEEN CRS 37 AND 41: Ms. Joseph stated
the closure is effective November 13, 2017, through November 17, 2017, for the replacement of an
irrigation culvert. Commissioner Conway moved to approve said closure. Seconded by Commissioner
Moreno, the motion carried unanimously.
• 10) CONSIDER TEMPORARY CLOSURE OF CR 31 BETWEEN CRS 88 AND 90: Ms. Joseph
presented the closure effective November 13, 2017, through November 17, 2017, for the replacement of
an irrigation culvert. Commissioner Freeman moved to approve said temporary closure. The motion,
which was seconded by Commissioner Moreno, carried unanimously.
El 11) CONSIDER EXTENSION OF CLOSURE FOR CR 24.5 BETWEEN INTERSTATE 25
FRONTAGE ROAD AND CR 11: Ms. Joseph stated Crow Creek Construction has requested an
extension of the closure because the work must be done on the weekend to shut down the water main.
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Commissioner Conway moved to approve said extension of closure. The motion was seconded by
Commissioner Moreno, and it carried unanimously.
12) CONSIDER LETTER OF SUPPORT FOR NFRMPO INFRA GRANT APPLICATION:
Commissioner Kirkmeyer moved to approve said letter of support. Seconded by Commissioner Conway,
the motion carried unanimously. Commissioner Kirkmeyer reported this is a continuance of the Board's
support of the Interstate 25 Corridor and obtaining federal grant funds for improvement of its
infrastructure.
• 13) CONSIDER ACCEPTANCE OF CORRECTED QUIT CLAIM DEED AND AUTHORIZE CHAIR
TO SIGN - HOSHIKO RESOURCE, INC. Bob Choate, Assistant County Attorney, clarified this is a
Corrected Quit Claim Deed and the next two (2) items are related to obtaining the Right -of -Way necessary
for the County Road 47 project. Tiffane Johnson, Department of Public Works, explained the language
that is in the agreement stated the Deed would be in the form of a Quit Claim Deed, but the Deed signed
and executed by Hoshiko Resource, Inc., was in the form of a Warranty Deed. This Quit Claim Deed will
replace the Warranty Deed recorded at Reception #4169079, on December 29, 2015. Commissioner
Conway moved to approve said Corrected Quit Claim Deed and authorize the Chair to sign. The motion,
which was seconded by Commissioner Kirkmeyer, carried unanimously.
• 14) CONSIDER FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT AND
AUTHORIZE CHAIR TO SIGN - HOSHIKO LAND, LLC: Ms. Johnson presented the Amendment to
Purchase and Sale Agreement for certain improvements to the County Road 47 Corridor Project. She
stated this amendment is at the request of the landowner to address concerns related to the irrigation
pipe and hold an indemnification on the Hoshiko family as to the damages their tenant farmer may incur.
Ms. Relford stated the closing is scheduled for later today. Commissioner Freeman moved to approve
said amendment and authorize the Chair to sign. The motion was seconded by Commissioner Conway
and it carried unanimously.
• 15) CONSIDER ACCEPTANCE OF QUIT CLAIM DEED AND AUTHORIZE CHAIR TO SIGN -
HOSHIKO RESOURCES, INC: Ms. Johnson stated the acceptance of the Quit Claim Deed is a follow-up
to the original Agreement for the Purchase of Public Road Right -of -Way. Commissioner Conway moved
to approve said acceptance of Quit Claim Deed and authorize the Chair to sign. Seconded by
Commissioner Moreno, the motion carried unanimously. Commissioner Conway thanked the staff for
working with the Hoshiko family.
(Clerk's Note: The Board recessed at 9:42 a.m., and reconvened at 9:51 a.m.)
PLANNING:
• 1) CONSIDER REVIEW OF CONDITION OF APPROVAL #1.C OF 5TH AMENDED USE BY
SPECIAL REVIEW PERMIT, 5MJUSR17-83-542 (MEWBOURN GAS PLANT) — DCP OPERATING
COMPANY, LP: Chair Cozad reiterated the only item being discussed is the Condition of Approval
(COA) #1.C and normally there isn't public input allowed; however, public input will be allowed if it deals
strictly with this COA #1.C. Kim Ogle, Department of Planning Services, stated the Board conditionally
approved 5MJUSR17-83-0542, on July 17, 2017, for DCP Operating Company, LP. He stated DCP
Operating Company, LP, held two (2) community meetings with surrounding property owners after the
USR hearing. He explained after the community meetings, the Planning Services staff received several
complaints and concerns with the landscape plan. Mr. Ogle reported staff suggested that mitigation
techniques be employed and surround the facility on all sides, especially since there is a vacant parcel
of land that may be developed in the future. He then displayed slides with photos of the suggested
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landscaping and explained each one in detail. Mr. Ogle stated the Mewbourn site has been through five
(5) land use hearings to expand the footprint of the plant to address equipment upgrades, incorporate
new technology, and increase the volume of gas production. He explained that high pressure gas
pipelines bring the gas to the plant for processing and transport and the facility is situated on top of a hill.
El In response to Commissioner Conway, Mr. Ogle stated Weld County Central Water District provides
water and they have a water supply available to meet the drip -irrigation system requirement.
Patrick Groom, representative of DCP Operating Company, LP, stated part of COA #1.C. is that the
Landscape/Screening Plan needed to be submitted to the Department of Planning Services, after
consultation with the surrounding landowners. Mr. Groom explained they held two (2) community
meetings at which time the applicant submitted their plan to the neighbors and the neighbors submitted
their modifications to the applicant's landscaping plan. He reported that DCP Operating Company, LP,
created a portal to keep the neighbors informed. He displayed photos of the final landscape plan, which
preserves prime farmland and should meet the expectations of the surrounding property owners.
Mr. Groom presented the challenges of landscaping the 120 -acre site, because of the buried pipelines
and the western perimeter of the site being 4,000 feet long. He explained the original landscape plan was
to plant several trees and the surrounding landowners didn't feel this would be adequate. Mr. Groom
reported the landscape architect they employed explained if the trees are not native to the area they will
have a low survivability rate. He stated DCP would like to plant several trees close to the residents to the
east to provide the best screening benefits. DCP is proposing a berm five (5) to ten (10) feet in height
that will span approximately 2,000 feet along the northwest side of the property. He explained there is
no proposed landscaping to the south of the site, because there may be commercial properties built in
the future. He reviewed the process of constructing berms and how this would affect the network of buried
pipelines. He stated the proposed landscape plan will cost about $4 million to construct.
In response to Commissioner Conway, Mr. Groom explained the tap that will supply water to the
trees. He stated the landscape architect advised trees that are eight (8) to ten (10) feet in height are
more likely to survive. Mr. Groom explained a Spruce tree typically grows to be about 30 to 40 feet in
height.
Ei Rich Hartness, surrounding property owner, referenced a list of neighbors in support of his
presentation, but were not present. He explained the neighbors did a lot of research as to the best
screening options; however, the applicant and neighbors still disagree about the screening solutions. He
displayed photos of the lack of screening from chain link fencing with slats and presented the issues
about the proposed berm. He presented berms that were constructed at other sites and work as effective
sound barriers (Exhibit K). Mr. Hartness stated the proposed sound wall barrier placement and material
is not effective. Mr. Hartness presented the location that DCP Operating Company, LP, has proposed for
the 15 -foot sound wall and stated there is a lot of noise generated by this type of facility.
Chair Cozad confirmed the properties aren't zoned Residential, but and are Agricultural.
Mr. Hartness presented pictures of companies which have done effective mitigation. He also
presented the study that was done concerning the noise and the measurements that were taken.
Mr. Hartness presented the noise emission study conducted by Dr. Dave Kisker. Chair Cozad
requested the discussion pertain to the landscaping plan and make sure the presentation stays on task
with landscape screening.
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In response to Commissioner Conway, Mr. Hartness stated he discussed with the applicant their
budget to fix the existing landscape and believes 1% of the budget is an acceptable amount to spend on
mitigation.
He reviewed the following screening recommendations proposed by the surrounding property
owners to DCP Operating Company, LP. First, they would like to have a sound wall with the minimum
height of 28 feet. In response to Commissioner Kirkmeyer, Mr. Hartness stated the wall is similar to the
type around drilling rigs. The second option is a berm with trees and irrigation. In response to Chair
Cozad, Mr. Hartness stated it could be a combination of a wall and berms so the screening is tall. He
stated the neighbors suggested planting three (3) rows of trees, after they consulted with three (3)
nurseries.
El Gerald Johnson, surrounding property owner, presented the different sound wall options available
to DCP Operating Company, LP (Exhibit L). In response to Commissioner Conway, Mr. Johnson clarified
the neighbors would prefer the second wall presented because it is lightweight and can be built to the
height of 28 feet. He explained the information about the sound walls was discussed at length with DCP.
Commissioner Kirkmeyer suggested landscaping on the neighbor's property will provide the most
effective visual mitigation from the facility.
Mr. Groom suggested the neighbors are confusing the visual and noise mitigation landscape plans.
He stated DCP has proposed a technical design for noise mitigation features to meet the USR
requirements and the surrounding property owners presented noise mitigation proposals, which is a
separate issue from visual mitigation. He stated the applicant proposed the sound wall to provide visual
screening of the facility and they have reviewed the proposals from the surrounding property owners. He
explained once the Condition of Approval is satisfied for landscaping, the Department of Planning
Services can release the permits and they can begin construction on the new part of the facility. That
construction will implement the proposed landscape features that will improve conditions for the
homeowners. He stated this final proposal will accommodate the surrounding property owners' needs,
as well as those of DCP Operating Company, LP.
In response to Commissioner Moreno, Mr. Groom stated the landscape plan will cost $4 million and
the applicant has put $3 million toward expenses for the on -site mitigation.
In response to Commissioner Kirkmeyer, Mr. Groom reported he doesn't have any illustrations of
the elevations. He explained when the trees are matured the total height of the berm will reach 30 to 40
feet and it isn't possible to build a 150 -foot wide berm because the pipelines cannot handle the weight.
Commissioner Kirkmeyer requested illustrations of elevations showing the visual mitigation from the
surrounding property owners.
.__=4Chair Cozad stated she would like to see drawings of elevations from the surrounding areas.
El In response to Chair Cozad, Mr. Ogle stated the approved landscape plan would include the updates
and Mr. Ogle's recommendations. Mr. Groom stated he agrees and supports the revised plan.
=" Mr. Ogle reviewed his educational background and knowledge of the landscaping. He explained he
completed the landscape review with Michelle Martin, Department of Planning Services Manager, and
Tom Parko, Director of the Department of Planning Services. In response to Commissioner Kirkmeyer,
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Mr. Ogle stated he didn't complete any elevations, nor did he physically visit the site; however, he
explained he took in consideration the topography of the site. He stated the facility is situated on top of a
hill, but the Mewbourn III sits lower. In response to Commissioner Kirkmeyer, Mr. Ogle stated there is not
a topography map available.
CA Mr. Groom stated the elevation change is about a 35 -foot drop from the southeast corner to the
northwest corner.
• In response to Commissioner Moreno, Mr. Ogle stated staff made suggestions to DCP to make the
berm higher in some spots and lower in others. He stated staff only has a landscape concept plan, not
one with details which would be an actual construction plan.
Commissioner Kirkmeyer expressed her frustration that the Board has not been presented with
enough information to see evidence of visual impact mitigation, in order to make a decision.
• Commissioner Freeman stated because of the topography of the property and the height of the
building, it is impossible to build anything tall enough to completely block the view.
• Commissioner Moreno stated DCP will not be able to totally hide the plant. Commissioner Freeman
stated the primary issue is noise, but there is no way to completely screen the plant.
FAI Commissioner Kirkmeyer reiterated her frustration with the lack of elevations to see if the proposed
plan will mitigate impacts.
Chair Cozad stated she would like to see elevations for surrounding properties and would be in favor
of a continuance.
Fi Mr. Groom stated with the concerns the Commissioners have raised, he isn't sure what the
landscaping standards are supposed to be. He stated it isn't possible to screen this plant entirely. He
stated he has submitted a request for an early release of the building permits.
• Commissioner Kirkmeyer stated she isn't sure the applicant's Landscape Plan provides any visual
mitigation and they didn't provide any elevations so there isn't enough information available to make a
decision.
• Chair Cozad reviewed the Board needs elevation illustrations or drawings of what it visually looks
like from the southeast, north and northwest. Commissioner Kirkmeyer requested the applicant
demonstrate the visual mitigation of the proposed plan. Mr. Groom asked the Board take in consideration
the timing of approvals so they can start construction. Commissioner Kirkmeyer moved to continue said
matter to November 6, 2017. Seconded by Commissioner Moreno, the motion carried unanimously.
Chair Cozad clarified the Board wants to see the elevation of the proposal and the applicant should
send it to the portal. Additionally, there will be no public comment at the continuance hearing scheduled
for November 6, 2017.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. No Ordinances were approved.
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Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Clerk to the Board.
There being no further business, this meeting was adjourned at 11:55 a.m.
BOARD OF COUNTY COMMISSIONERS
ATTEST: daxilti
Weld County Clerk to the Board
WELD COJp1NTY, COLO2ADO
ozad, Chair
a[eve Moreno, rro- i eni
Sieve Moreno, Pro -Tern
BY.C...(0—O-e. (2,
ty Clerk to the Board uty Clerk to the Board
Sean P. Conway
r. e
Freeman
arbara Kirkmeyer
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