10042004 October 4, 2004 Council Meeting
October 4, 2004
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The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The
meeting was preceded by a special called work session. The meeting was called to order by
presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council members were present.
Also present were City Administrator Wayne Wright, City Clerk Susan Hiott, City Attorney Scott
Cochran, Executive Assistant Susan Drinnon and representatives of the press.
Invocation was given by Chaplain Brian Beaty from the Smyrna Fire Department, followed by
the pledge to the flag.
Council Member Lnenicka read a Proclamation in Recognition of Public Safety Appreciation
Week to those present, and presented the Proclamation to Chaplain Beaty.
AGENDA CHANGES:
There were none.
MAYOR'S REPORT:
Mayor Bacon recognized Cobb County School Board Member Curt Johnston, and Mr. Johnston
introduced Principal Parks and students from Brown Elementary School to those present. The
students sang two songs for those present with a theme pertaining to this month's character
education words, and presented Mayor Bacon with a present.
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Mayor Bacon recognized Mr. Garry Osborne from Campbell High School, and Mr. Osborne
thanked the Mayor, Council Members and others associated with the City for their interest in the
local schools. Two of Mr. Osborne's students read excerpts from the City of Smyrna Code of
Ordinances to those present.
CITIZENS INPUT:
Mayor Bacon recognized State Senator Ginger Collins, and Senator Collins stated she is seeking
reelection to the State Senate. Senator Collins asked those present for their support of her bid for
reelection.
Mayor Bacon recognized Ms. Jill Jones, and Ms. Jones provided details to those present
concerning a boys' club she is associated with.
Mayor Bacon recognized Dr. Sandra McQueen, residing on Church Street, and Dr. McQueen
expressed concern about the number of large trucks which travel upon Church Street. Dr.
McQueen expressed concern about debris in a buffer zone near her residence.
Mayor Bacon recognized Mr. Alex Backry, and Mr. Backry expressed views regarding the duties
of a mayor pro tem to those present, and also expressed concerns regarding Council Member
Lnenicka's use of that title.
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Mayor Bacon recognized Ms. Sam Sammon, residing on Bordeaux Walk, and Ms. Sammon
expressed concerns to those present regarding what she believes is an attenuation of City police
DUI countermeasures in response to complaints from Market Village business owners.
October 4,2004
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Mayor Bacon stated that the City police department's DUI Task Force has not been disbanded,
and that the Task Force is active. Mayor Bacon stated that the DUI Task Force has not been
given direction to reduce coverage in any particular sector of the City. Mayor Bacon stated that
the comments made at this meeting by Ms. Sammon are inaccurate.
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Mayor Bacon stated the City has had a mayor pro tern for many years, and that the duties of this
office are set forth in the Code (if Ordinances. Mayor Bacon stated that Council Member
Lnenicka was approved for the post of mayor pro tern by a unanimous vote of the city council,
and that he uses this title appropriately.
LAND ISSUES/ZONING/ANNEXATION:
(A) Public Hearing - Variance Request V04-028 - Reduction in Lot Width - Cooper Lake
Road at N ickajack Road (Lot I) - Michael Landers
Mr. Wright stated the subject tract comprises 2.7 acres annexed into the City during August ofthe
current year. Mr. Wright stated the applications include requests for changes in lot width and
setbacks. Mr. Wright stated these variance requests were tabled at the last meeting to provide
time to address various concerns expressed by owners of adjacent properties. Mr. Wright stated
staff recommends reducing all the requested lot setbacks, frontages, and widths as detailed in the
lot plans submitted with the variance application provided a landscape buffer is installed between
the subject parcel and the Summer Place Subdivision in conformance with minimum
requirements of Section 503 of the Zoning Code. Mr. Wright stated the width of the buffer shall
conform to the site plan submitted.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
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Council Member Wood recognized Mr. Landers, and asked Mr. Landers to provide details to
those present regarding measures that will be taken to help minimize the impact of the proposed
development on adjacent properties. Mr. Landers stated that a section of sidewalk wi II be
eliminated from the plan, and that some stamped asphalt walkways will be installed in certain
parts of the cul-de-sac. Mr. Landers stated this measure will provide an additional six feet of
space. Mr. Landers stated a regulated fountain and landscaping will be installed near Mr. Ellis'
property. Mr. Landers provided additional details concerning the planned buffer area to those
present. Council Member Wood stated the changes described by Mr. Landers have been
incorporated into the revised site plan. (Clerk's Note: Reference is made to Tree Replacement
/Site Plan Revision dated 9/24/04 by Jon Benson & Associates for The Manor at Vinings)
MOTION: Council Member Wood made a motion to approve Variance Request V04-028 for a
reduction in lot width at Cooper Lake Road at Nickajack Road (Lot I) for Michael Landers
subject to the guidelines of the revised site plan filed with the City. The motion was seconded by
Council Member Smith. Motion was approved 7 - O.
(B) Public Hearing - Variance Request V04-029 - Reduction in Lot Width - Cooper Lake
Road at Nickajack Road (Lot 4) - Michael Landers
MOTION: Council Member Wood made a motion to approve Variance Request V04-029 for a
reduction in lot width at Cooper Lake Road at Nickajack Road (Lot 4) for Michael Landers. The
motion was seconded by Council Member Smith. Motion was approved 7 - O.
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October 4. 2004
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(C) Public Hearing - Variance Request V04-030 - Reduction in Lot Width and Lot Frontage
_ Cooper Lake Road at Nickajack Road (Lot 5) - Michael Landers
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MOTION: Council Member Wood made a motion to approve Variance Request V04-030 for a
reduction in lot width and lot frontage at Cooper Lake Road at Nickajack Road (Lot 5) for
Michael Landers. The motion was seconded by Council Member Smith. Motion was approved
7 -0.
(D) Public Hearing - Variance Request V04-031 - Reduction in Front Yard Setback-
Cooper Lake Road at Nickajack Road (Lot 6) - Michael Landers
MOTION: Council Member Wood made a motion to approve Variance Request V04-031 for a
reduction in front yard setback at Cooper Lake Road at Nickajack Road (Lot 6) for Michael
Landers. The motion was seconded by Council Member Smith. Council Member Lnenicka
commended Mr. Landers and Council Member Wood for their efforts in finding a plan solution
acceptable to all persons concerned in this matter. Motion was approved 7 - o.
(E) Public Hearing - Special Land Use Permit Request Z04 - 021 -Installation of
Communication Towers (3) for Radio Station - 2275 Dixie Avenue - Dixie Avenue
Properties, LLC
Mr. Wright stated Dixie Avenue Properties is proposing to install three new communication
towers for a radio station at 2275 Dixie Avenue. Mr. Wright stated the plans call for each tower
to be 162' in height and spaced approximately 180' apart. Mr. Wright stated that, in accordance
with the Zoning Code, a special land use permit is required in conjunction with this request. Mr.
Wright stated staff does not support the proposed special land use permit for the radio towers.
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Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was
administered to several persons by Mr. Cochran.
Council Member Scoggins recognized Mr. Kevin Moore, and asked Mr. Moore to provide details
to those present concerning the proposal under consideration. Mr. Moore stated the subject
property comprises 6.08 acres. Mr. Moore stated the proposed towers are for an existing local
radio station. Mr. Moore stated this radio station is presently located near Belmont Hills
Shopping Center, and that approval of the requested special land use permit would result in
smaller towers and a reduction in the number of towers. Mr. Moore stated the relocation of this
radio station is occasioned by the redevelopment of the Belmont Hills Shopping Center proposed
by the City and the owner of that property. Mr. Moore stated that FCC regulations limit the area
to which a radio station may be relocated. Mr. Moore stated that the proposed location for the
radio towers is near a military aviation installation, and that placement of the radio towers on the
subject property has been approved by the FAA. Mr. Moore stated the plans for the relocated
radio station include renovation of an existing building to house the broadcast operation. Mr.
Moore stated the proposed location for the radio station is appropriate. Mr. Moore stated this
radio station is an important cultural resource for many people in the City. Mr. Moore stated a
diligent search has been made for another location for this radio station, and that the proposed
location is the only suitable place that could be found.
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Council Member Lnenicka asked Mr. Moore how the station would be able to operate with a
reduction in the number and size of the towers. Mayor Bacon recognized Mr. Duncan Pearson
(phonetic), chief engineer for the radio station, and Mr. Pearson stated that the FCC will not allow
the station to have the same power level that was approved previously, and that fewer towers will
October 4, 2004
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be needed as a result. Council Member Lnenicka asked Mr. Pearson if the towers are directional,
and Mr. Pearson answered in the affirmative. Council Member Lnenicka asked Mr. Pearson if it
would be possible for the station to use a single omni-directional antenna. Mr. Pearson stated a
directional antenna is needed to protect other stations on the same frequency as well as adjacent
frequencies. Council Member Lnenicka asked Mr. Pearson if it would be possible to install three
antennas on one tower. Mr. Pearson provided an explanation, including technical details, as to
why multiple antennas on one tower would not be feasible. Mayor Bacon stated that interference
from this radio station has been evident for some time. Mayor Bacon asked if it would be
possible for the applicant to provide assurances that the radio towers in the proposed location
would not create interference with cellular phones, televisions and other electronic devices. Mr.
Pearson stated that the FCC requires radio stations to satisty all interference complaints after
construction. Council Member McNabb asked Mr. Pearson why there have been complaints of
interference with radios and televisions attributed to harmonics from the towers at this radio
station for several years. Mr. Pearson stated he is not familiar with the individual cases, and that
trying to address them would be difficult without specifics. Mr. Pearson stated that it is not
unusual for motorists to experience interference when passing any radio station because of
receiver overload. Mr. Pearson stated the level of interference may vary among different types of
radios. Council Member McNabb asked Mr. Pearson if interference is a function of output
broadcast power, and Mr. Pearson acknowledged that there is less interference with a lower
powered station. Mr. Moore stated he will submit a written constitutional challenge to Mr.
Cochran to protect his client's rights.
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Mayor Bacon recognized Ms. Shirley Higgs, residing on Norton Place, and Ms. Higgs stated her
mother's house is near the subject area and was not acquired by the applicant. Ms. Higgs stated
the applicant offered to purchase her mother's house, but the amount offered was not sufficient to
cover the cost of relocating her.
Mayor Bacon recognized Ms. Pamela Clemmons, and Ms. Clemmons stated she is also a
daughter of Mrs. Grace Lefevre (phonetic). Ms. Clemmons stated she is concerned about the fact
that all the land around her mother's house has been purchased, and that her mother's house could
remain there with non-residential uses around it. Ms. Clemmons stated the applicant should offer
to purchase her mother's house at a price comparable to those that were paid for other nearby
houses.
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Mayor Bacon recognized Assistant Pastor Calvin Tibbs from International Gospel Outreach
Church, and Pastor Tibbs stated that people at his church have experienced interference from this
radio station at its current location. Pastor Tibbs stated the FCC was contacted regarding the
interference, and the FCC was unable to intercede. Pastor Tibbs provided details to those present
concerning the effort and resources expended by the church in attempts to mitigate the effects of
the radio interference. Council Member McNabb asked Pastor Tibbs to provide a cost estimate
for the interference countermeasures the church has obtained. Pastor Tibbs stated he does not
know what the costs are, but is certain they are significant. Council Member McNabb asked
Pastor Tibbs if the radio station has ever been requested to assist the church with these expenses,
and Pastor Tibbs said no.
Mayor Bacon asked Mr. Moore why Parcel 5 was not purchased. Mr. Moore stated the applicant
and the property owner could not agree on a price.
MOTION: Council Member Scoggins stated the request does not meet the requirements of the
City ordinance, and made a motion to deny Special Land Use Permit Request 204 - 021 for
installation of communication towers for a radio station at 2275 Dixie Avenue for Dixie Avenue
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October 4. 2004
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Properties, LLC. The motion was seconded by Council Member McNabb. Motion to deny the
request was approved 7 - O.
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PRIVILEGE LICENSE:
There were none.
FORMAL BUSINESS:
(A) Ordinance Amendment 2004-30 - Change in Terms of Office for Members of the Parks
and Recreation Commission
Mr. Wright stated the proposed ordinance amendment contains provisions for two-year terms for
members of the Parks and Recreation Commission beginning with each municipal election with
expiration dates midway between the terms of the council members.
Mr. Cochran stated the ordinance would be changed so that the terms for Parks and Recreation
Commission members will be for two years, with the initial terms to begin at the first council
meeting when the mayor and council members are sworn in. Mr. Cochran stated that subsequent
two-year terms would begin on the first meeting ofthe third year and would expire at the end of
the term of the mayor and council. Mr. Cochran stated there will be two terms for the Parks and
Recreation Commission members for every term of mayor and council.
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MOTION: Council Member Wood made a motion to approve Ordinance Amendment 2004-30
for a change in terms of office for members of the Parks and Recreation Commission as specified
by the City Attorney. The motion was seconded by Council Member Smith. Motion was
approved 7 - O.
(B) Appointment and Reappointment of Members to the Parks and Recreation Commission
MOTION: Council Member Pritchett made a motion to appoint Adam Pickard, residing at 2741
Farmstead Road, to the Ward I post of the Parks and Recreation Commission. The motion was
seconded by Council Member Newcomb. Motion was approved 7 - O.
MOTION: Council Member Newcomb made a motion to appoint Susan Watte to the Ward 2
post of the Parks and Recreation Commission. The motion was seconded by Council Member
Scoggins. Motion was approved 7 - o.
MOTION: Council Member Scoggins made a motion to appoint Rosie Malone, residing on
Gordon Circle, to the Ward 3 post ofthe Parks and Recreation Commission. The motion was
seconded by Council Member Newcomb. Motion was approved 7 - o.
MOTION: Council Member McNabb made a motion to appoint Paula Weeks, residing at 3099
Lee Street, to the Ward 4 post of the Parks and Recreation Commission. The motion was
seconded by Council Member Scoggins. Motion was approved 7 - o.
MOTION: Council Member Smith made a motion to appoint Steve Haraway, residing at 6015
Bordeaux Walk, to the Ward 5 post of the Parks and Recreation Commission. The motion was
seconded by Council Member Wood. Motion was approved 7 - O.
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October 4, 2004
MOTION: Council Member Lnenicka made a motion to appoint Annette Bergman, residing at
3750 Ridge Road, to the Ward 6 post of the Parks and Recreation Commission for a new
term to expire on the first Monday in January, 2006. The motion was seconded by Council
Member Smith. Motion was approved 7 ~ O.
MOTION: Council Member Wood made a motion to appoint Tom Sconzo, residing at 4093
Winding Valley Drive, to the Ward 7 post of the Parks and Recreation Commission for a new
term to expire on the first Monday in January, 2006. The motion was seconded by Council
Member Lnenicka. Motion was approved 7 - O.
COMMERCIAL BUILDING PERMITS:
There were none.
CONSENT AGENDA:
(A) Approval of September 20,2004 Minutes
(B) Approval of Temporary Road Closing for a Halloween Event
Parks & Recreation is having a pre-school Halloween function on the morning of October
29 from 9:30 am-12 noon. Only the approach roads to Village Green will be closed
during this time for the safe travel of a hayride. Approval of this road closure is
recommended.
(C)
Award Professional Services Contract for Environmental Engineering, Planning, and
Geotechnical Services at the North Cooper Lake Landfill
Bids were solicited among the following finns for environmental evaluation at the 5] .8
acre site: Arcadis G & M, Inc., Rosser International, Inc., and HDR Engineering, Inc.
All three qualified firms submitted a RFP of a similar scope. A single firm was initially
recommended for the work at the August 23 COTW Meeting. Award of the bid to
Arcadis G & M, Inc. in the amount of $28,650.00 is recommended.
(D) Approval of Temporary Reopening of Quarles Avenue
It is proposed to reopen Quarles Avenue for a period of90 days beginning October 5,
2004 and ending January 5, 2005. The reopened roadway is to be configured as a one-
way street for exit only. The developer will agree to the following stipulations for the
reopenmg:
1.
The street is to be a one-lane, exit only roadway from the back parking lot onto
Quarles Avenue.
An elevated speed breaker will be poured at the start of the exit to slow the speed
of veh icles.
Two signs bearing the words Exit Only will be installed on Quarles A venue
facing both directions.
A sign bearing the words SLOW - Children at Play will be installed at an
appropriate location in the subject area.
Upon reclosure of Quarles Avenue, developer agrees to install a permanent
landscape buffer meeting the following minimum standards:
a. The buffer will be a minimum of 40' in width.
b. Deciduous trees, at least two layers deep and staggered to fill in all
planting gaps between trees, will be planted in the buffer.
2.
3.
4.
5.
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October 4, 2004
c.
On the Quarles Avenue side of the buffer, Encore Azaleas will be
planted at the base of the trees. The area planted with Encore Azaleas
will be a minimum of 40' in width.
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MOTION: Council Member Wood made a motion to approve the consent agenda. The motion
was seconded by Council Member Smith. Motion was approved 7 - O.
COMMITTEE REPORTS:
Council Member Pritchett reminded those present that there will be a measure on the ballot for
the upcoming election on November 2 for Smyrna residents to vote on whether or not an
increased homestead exemption for disabled City residents will be approved.
Council Member Newcomb stated that at the Cobb County Chamber of Commerce Public Safety
Appreciation Week meeting this morning there were several City of Smyrna public safety
personnel present who were nominees for public safety awards.
Council Member Scoggins yielded the floor with no report.
Council Member McNabb yielded the floor with no report.
Council Member Smith thanked Mr. Osborne for bringing some of his students to the meeting
this evening, and stated he is looking forward to seeing other students from Mr. Osborne's class
at upcoming meetings.
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Council Member Lnenicka stated that Ofc. John P. Robinson was recognized as the Smyna police
department's Officer ofthe Year, and Lt. Stephen W. Westbrook was recognized as the Smyrna
fire department's Firefighter ofthe Year. Council Member Lnenicka commended these two
individuals and all ofthe City's public safety personnel for their efforts on behalf of the
community.
Council Member Lnenicka thanked the residents of Collier Gate subdivision for attending a
neighborhood meeting for that community last week.
Council Member Wood yielded the floor with no report.
CITIZENS INPUT:
Mayor Bacon recognized Mrs. Jean Martin, residing at 3435 Lee Street, and Mrs. Martin asked if
Quarles Avenue is being reopened so that traffic from the bank can be routed through to Lee
Street. Council Member McNabb stated the temporary roadway will be a one-lane, exit only
route for the drive-through windows. Council Member McNabb stated that, without the
temporary street, there would be no way for vehicles to exit during the construction at that
location. Council Member McNabb provided additional details regarding the temporary roadway
to those present. Mrs. Martin expressed concerns regarding possible traffic congestion she
believes could result from this temporary roadway. Mrs. Martin requested additional police
coverage in the affected area during the period oftime the temporary roadway is to be open.
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Mayor Bacon recognized Mr. Howard Martin, residing at 3435 Lee Street, and Mr. Martin
expressed appreciation to the City's public safety personnel for their service to the community.
October 4, 2004
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Mr. Martin commented on the importance of the City police department's DUI Task Force to
those present, and related details of the loss of one of his cousins who was struck by a vehicle
driven by a repeat DUI offender. Mr. Martin provided details to those present concerning other
DUI incidents in the Atlanta area. Mr. Martin stated that the citizens of Smyrna have a right to be
protected from drivers under the influence of alcohol.
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Mayor Bacon recognized Mr. Alex Backry, and Mr. Backry stated that Lt. Carlson of the City
police department verified to him that the two officers that were detailed to the DUI Task Force
are no longer assigned to that unit. Mr. Backry asked that the names of the officers now assigned
to the DUI Task Force be provided to him at this time. Mayor Bacon stated he does not know the
names of the officers currently assigned to the DUI Task Force, but that the Task Force has not
been disbanded. Mayor Bacon suggested that Mr. Backry should meet with Chief Hook for
additional information regarding the DUI Task Force.
Mayor Bacon stated that there was an excellent article published in a local newspaper recently
which featured the Village Green and other aspects of revitalization in Smyrna.
ADJOURNMENT:
A
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S SA D. HIOTT, CITY CLERK
A. MAX BACON, MAYOR
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RON NEWCOMB, WARD 2
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WADE S. LNENICKA, WARD 6
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CHARLES PETE WOOD, WARD 7
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Ordinance 2004-30
AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE
_ CODE OF ORDINANCES, CHAPTER 70, PARKS AND RECREATION, ARTICLE II. PARKS
AND RECREA TION COMMMISSION, SECTION 70-28 MEMBERS, BE AMENDED BY
REVISING SAID SECTION TO REFLECT A CHANGE IN THE TERMS OF OFFICE OF
THE APPOINTED MEMBERS OF THE PARKS AND RECREATION COMMISSION
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
SMYRNA. GEORGIA:
That Chapter 70, Sec. 70-28 be amended to read as follows:
"The parks and recreation commission shall consist of eight members, who shall serve
without compensation, and each of whom shall be a resident of the city. Seven of the commission
members shall reside in the ward which they represent. The eighth member, the mayor's appointee,
shall be a resident of the city to serve at large. The initial term of office shall begin on the first
Monday of each year after a general municipal election and shall be for two years. The subsequent
term during a term of mayor and council shall begin the first meeting of mayor and council in the
third year of the term of that mayor and council and end at the end of the term of that mayor and
council. In the event of a vacancy, any appointment by the governing body shall be for the unexpired
portion of such term. Additionally, the mayor and members of the parks and recreation committee
shall be ex officio members."
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All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as
of the effective date of this ordinance.
Severability: Should any section of this Ordinance be declared invalid or
unconstitutional by any court of competent jurisdiction, such declaration shall not affect the
validity of the Ordinance as a whole or any part thereof which is not specifically declared to
be invalid or unconstitutional.
Approved by Mayor and Council this 4th day of October, 200
f:2
Attest:
A. Max Bacon, Mayor
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Approved as to form:
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