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CAC Minutes 05/08/2008 R May 8, 2008 MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, May 8, 2008 LET IT BE REMEMBERED, that the Collier County Coastal Advisory Committee, in and for the County of Collier, having conducted business Herein, met on this date at 1:00 P.M. in REGULAR SESSION at Administrative Building "F", 3rd Floor, Collier County Government Complex, Naples, Florida with the following members present: CHAIRMAN: John Sorey, III VICE CHAIRMAN: Paul Sullivan Murray Hendel Heidi Kulpa Anthony Pires Jim Burke David Buser Ted Forcht Victor Rios ALSO PRESENT: Gary McAlpin, Coastal Zone Management Director Colleen Greene, Assistant County Attorney Gail Hambright, Tourist Tax Coordinator Dr. Michael Bauer, City of Naples Natural Resources Manager Collier County: May 8, 2008 Page 1 of2 May 8, 2008 MEETING AGENDA & NOTICE MEETING AGENDA 8< NOTICE COASTAL AOVISORY COMMITTEE (CAC) THURSDAY, MAY 8, 2008 - 1:00 P.M. W. HARMON TURNER BUILDING (Administrative Building F, 3rd Floor Collier County Government Center, 3301 E. Tamiami Trail, Naples) I. Call to Order II. Pledge of Allegiance III. Roll Call IV. Changes and Approval of Agenda V. Public Comments VI. Approval of CAe Minutes 1. ADril 10. 2008 VII. Staff Reports 1. Revenue Reaort - Garv McAlain 2. Proiect Co5lBe.RQ~~~_M~Rln_ VIII. New Business 1. Election of New Chairman and Vice Chairmcm 2. tticluWilY..1le..iKh Erosion Control Structures IX. Old Business 1. W~J~u.i_..M.giklin,g_Wfl[k.GroUD UDdate 2. Clam Bav Naviaational Marke[5 x. Public Comments XI. Announcements XII. Committee Member Discussion XIII. Next Meeting Date/Location June 12, 2008 - Government Center, Administration Bldg. F, 3rd Floor XIV. Adjournment All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable. For more information, please contact Gail D. Hambright at (239) 252-2966. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, FL 34112, (239) 252.8380. Public comments will be limited to 5 minutes unless the Chairman grants permission for additional time. http://www.colliergov.net/index.aspx?page=2434 5/5/2008 May 8, 2008 I. Call to Order The meeting was called to order at 1 :00 PM by Chairman Sorey. II. Pledge of Allegiance A Moment of Silence was held in memory of Ron Pennington. The Pledge of Allegiance was recited. III. Roll Call Roll Call was taken with a quorum established. IV. Changes and Approval of Agenda Mr. Forcht moved to approve the agenda. Second by Mr. Sorey. Carried unanimously 9-0. V. Public Comments None. VI. Approval of CAC Minutes 1. Apri1l0,2008 Mr. Hendel moved to approve the minutes of the April 10, 2008 meeting subject to the following changes: Page 3, paragraph 9, line 2 - Hideaway Beach Homeo'.mcrs ,^.ssoeiatioll Special District Page 4, paragraph 2, line 2 - flmfl to funds Page 4, paragraph 3, linc 2 - did not te include Page 5, paragraph 5, line 3 - definition, (and research whether or not the CAC would need to make a public accessibility finding) Second by Mr. Sullivan. Carried unanimously 9-0. Colleen Greene, Assistant County Attorney stated that she has prepared a memorandum, which outlines the requirements of approval for the Coastal Advisory Committee and Board of County Commissioners regarding the Hideaway Beach Special Tax District/City of Marco Island application continued under item Vl1.B.2 VII. Staff Reports 1. Revenue Report - Gary McAlpin Mr. McAlpin presented the updated Tourist Tax Revenue Report for FY- 2007-2008. It was noted that the City of Marco Island Revenues exceeded the Revenues for the City of Naples for the month of April 2008. 2. Project Cost Report - Gary McAlpin 2 May 8, 2008 Mr. McAlpin presented the updated FY 2007/2008 TDC Category "A" Beach Maintenance Projects. VIII. New Business I. Election of New Chairman and Vice Chairman Mr. Sorey was nominated by the Committee for Chainnan of the Coastal Advisory Committee. Mr. Pires was nominated by the Committee for Vice Chainnan of the Coastal Advisory Committee. 2. Hideaway Beach Erosion Control Structure Mr. Pires stated that he filed fonn 8B "Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers" as he has a conflict in this item and will not be participating in the discussion or voting. This item was continued from the previous meeting. Gary McAlpin, Coastal Zone Management Director presented the Executive Summary entitled "Share staffrecommendations and obtain a finding from the Coastal Advisory Committee (CAC) that Hideaway Beach is subject to high erosion; Erosion Control Structures or "T-Groins" are appropriate solutions for erosion control in this location; and if desired, make a detennination as to whether or not funding these structures is in the public interest" dated May 8, 2008. Gary McAlpin stated that Hideaway Beach, under Section 4 ofthe Tourist Development Category "A" funding policy, is an "ineligible beach" because it does not meet the criteria for public access guidelines. The policy does allow for "ineligible beaches" to receive funds if it meets the following criteria: 1. The Coastal Advisory Committee (CAC) needs to stipulate that the beach is a highly erosive beach. 2. That the erosion control structures would be a solution for the high erosion. The CAC may choose to make a recommendation on whether it meets the public interest if so desired, however they are not required to make a finding that it is in the public interest. Colleen Greene, Assistant County Attorney stated that she has submitted a memorandum to the Coastal Advisory Committee (CAC) dated April 28, 2008, Subject: "Hideaway Beach Erosion Control" and stated that pursuant to the plain language of the Tourist Development Council (TDC) funding policy for Category "A" funds, the CAC need only make a finding that the area is subject to high erosion and that the T-Groins are the appropriate solution to the area of high erosion. 3 May 8, 2008 Further, Section 5(b) requires that the Board of County Commissioners make a finding that funding this proj ect is in the public interest. She noted the Coastal Advisory Committee could provide the Board of County Commissioners with a recommendation whether or not funding the project is in the public interest. Chairman Sorey recommended the Coastal Advisory Committee make a recommendation to the Board of County Commissioners whether funding the project is in the public interest. Mr. Hendel asked Gary McAlpin if Coconut Island was not there at the time of the original submittal for the solution to prevent erosion on Hideaway Beach and would T-Groins have been installed the entire length of the Beach. Gary McAlpin noted that the technical solution in this scenario would have included T-Groins in this area. Whether all the T-Groins would have been funded is a different issue. Chairman Sorey requested Coastal Advisory Committee members determine ifthe Beach is subject to an area of high erosion and ifT-Groins are an acceptable solution. Mr. Sullivan noted that if Coconut Island was not in place at the time of the original submittal, the proposed solution would have included T -Groins in this area. The Coastal Advisory Committee determined that Hideaway Beach is subject to high erosion and T -Groins are the appropriate permanent solution to the problem. Speakers Bruce Anderson of Roetzel aud Andress noted that the Assistant County Attorney's opinion outlines the differing roles of the Coastal Advisory Committee (CAC) and Board of County Commissioners who are responsible for the approval of funding projects of this type. He requested the Coastal Advisory Committee forward the application with a recommendation of approval as it meets the criteria as outlined by the determination above. Further, the funding is for $1.6M for the erosion control structures, the City of Marco Island and Special Tax District will be funding $1.9M for the beach re- nourishment. The request is reasonable and meets the funding criteria. Erik Brechnitz, Vice Chairman of the Marco Island Special Tax District stated that the distance now between the shoreline and Royal Marco Road is now close to 65 feet as opposed to the 165 feet represented at the previous meeting. Further, the area is a destination for the commercial and public boating community. He noted that there will be an expenditure of approximately $300,000 - $400,000 for a temporary solution. The cost of this expenditure will be borne by the Special Tax District. 4 May 8, 2008 Ken Hnmiston of Humiston and Moore stated that he has provided the information requested at the last meeting, an erosion update and a storm erosion model. Further, Wiggins Pass and Naples T-Groin project funding was approved for Tourist Development Council funding and did not meet the beach requirements for funding but was funded as an inlet management action, similar to this proposal. Chairman Sorey polled the Committee members for their recommendation if the project is in the "public interest" Mr. Rios noted he made a site visit and determined the Beach is an area of high erosion and he was able to walk from Hideaway Beach to Tigertail Beach at that time of the day. He has determined the funding the project is in the "public interest." Colleen Greene, Assistant County Attorney noted there is no clear cut definition of "public interest"; it is a policy determination if the expenditure is a valid use of public money and does it serve a public purpose. Mr. Buser stated he is a boater and the Beach has public access from boats that utilize the area. It is tremendous amenity for the public. He noted that there has been no resistance from the private gated community and the public use of the area and access by water. This position should be applauded. It is in the public interest to maintain the tax values of the property. It meets the criteria for "public interest" on many levels. Further, he recommended a study to attempt to determine the affects of the T -Groins on Turtle nesting in the area, and the possible re-construction of Coconut Island. Mr. Sullivan is 100 percent in favor of supporting the proposal with the extent of the erosion and the existing structures placed previously are working to prevent further erosion. He sees the proposal as an extension of the previous project and it needs to be completed. Mr. Hendel stated that Hideaway Beach is subject to high erosion; the T- Groins are an acceptable permanent solution and the project is in the "public interest. " Ms. Kulpa stated it is in the "public interest" and the existing T-Groins are working well. Mr. Burke stated that there is private access to the Beach, however if the public accesses the beach they may use it and it is a project in the "public interest. " Mr. Forcht stated that there is public access via walking from Tigertai1 Beach. He noted that the applicant is providing more than half of the funding for the project and it is in "public interest." 5 May S, 200S Chairman Sorey stated he visited the site and recognized the erosion taking place in the area. Mr. Hendel moved that the Coastal Advisory Committee approve the project of putting in T-Groins in Marco Island at Hideaway Beach on the theory that Hideaway Beach is subject to high erosion and that erosion control structures or T-Groins are an appropriate permanent solution to the problem. Further, after all the presentations, the Coastal Advisory Committee (CAC) makes a recommendation to the Board of County Commissioners that the CA C favors using "public interest" as a mechanism for approving this project. Second by Mr. Rios. Carried unanimously 8-0. Mr. Pires abstained. Ms. Kulpa noted in reference to the previous Marco Island T -groin project, she researched the issues with this project and it was started during turtle season which created all sorts of issues and problems and recommended that the new approval and subsequent construction take this into consideration and seek to avoid these problems. IX. Old Business 1. Wiggins Pass Modeling Work Group update Gary McAlpin noted the Group met on April 3, 200S and submitted the minutes from the meeting as well a summary entitled "Wiggins Pass Modeling Group Discussion Meeting, April 3, 200S." Ms. Kulpa, Group Leader noted that at the last Estuary Conservation Meeting Gary McAlpin provided a presentation on the Work Group. The meeting was well attended by the boating community and the presentation was well received. She noted that the solution is for the 3' draft vessel requirement. 2. Clam Bay Navigational Markers Gary McAlpin submitted a letter prepared by Tim Hall of Turrell, Hall and Associates, Inc. that provided a summary of the issues involved with the Clam Bay Permit application. There have been a number of meetings on the navigational markers and they are moving forward on getting the marker locations identified. He noted that Pelican Bay Services Division states there is no violation in this area and further the Division has possibly indicated they will not fund the placement of the navigational markers. This issue will need to be resolved. There are a variety of sub-work groups working within the Clam Bay Discussion Group. In respect to the application submittal, Pelican Bay Services Division will be responsible for the Mangrove Maintenance portion of the overall management plan for the County and there is clear direction from the Board of County Commissioners on how to proceed. They have applied for a I year extension of the permit for emergency operation purposes. 6 May 8, 2008 Mr. Buser noted he attended the Department of Environmental Protection meetings. Mr. Burke noted the channel markers are not deemed in "violation", but are now deemed "compliance issues." The Pelican Bay Services Division is moving forward with the 1 year extension of the permit. Mr. Buser noted that the permit was very detailed and not everyone understood all of the components of the permit and this lack of understanding of these components has led to misinformation for various individuals. He commended Gary McAlpin's handling of this issue with the various groups involved. X. Public Comments Marsha Cravens, Mangrove Action Group stated that in respect to the Clam Bay Permit signage requirement she has been in contact with Tara Alford and Major Ouellette of Florida Fish and Wildlife Commission, (FWC) and studied the permit. The signage for "raise your props" is not doable via the Statute. With respect to the markers, this area is not a maintained navigable waterway and there are a variety of navigable waterway definitions depending on the various agencies contacted. The permit is not in violation or in non-compliance in this aspect. Mr. Buser noted the Clam Bay Restoration Management Plan requires the channel be marked by Coast Guard approved navigational markers. The Corp of Engineers permit incorporated the plan as official language in their permit. The Department of Environmental Protection permit addresses the signage regarding tilt motors up, etc. The decision regarding appropriate sign language is addressed by FWC and this compliance could be an issue. He further stated the definition of navigation is not determined at the local level, it is determined by the State and Federal Government and is clear, it is either a navigable waterway or not. The channel is a navigable waterway by definition and the argument should be set aside. Chairman Sorey noted that the Coastal Advisory Committee does consider the channel as a navigable waterway. XI. Announcements Gary McAlpin stated that Eddie Chesser, Sr. Beach Operator has been selected as Employee of the month. He is the first County Employee to receive this award twice. Chairman Sorey requested Mr. Chesser's presence at the June meeting for an official "Thank you." XII. Committee Member Discussion Mr. Sullivan stated this is his last meeting as his term has expired. He has enjoyed serving on the Committee. He encourages other citizens to take advantage of serving on the County Advisory Committees. The Committee thanked Mr. Sullivan for his service. Chairman Sorey requested Gary McAlpin make a recommendation in June on the status of whether the Committee will or will not meet in July. 7 May 8, 2008 XIII. Next Meeting Date June 12, 2008 - Government Center, Administration Bldg. F, 3'd Floor ***** There being no further business for the good ofthe County, the meeting was adjourned by order of the chair at 2:20 P.M. Collier County Coastal Advisory Committee John Sorey, III, Chairman These minutes approved by the Board/Committee on as presented or as amended 8 MAILING ADDRESS ~OO 1'100 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR _COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY.Q~.cOMMITTEE~ . ... ... '57 L-- 11.0 J (h '/11/)' /76,; THE BOARD, COUNCIL, COMMISSION, AUTHO OR COMMITTEE ON WHICH 1 SERVE IS A UNIT OF: 1:1 CITY ~COUNTY NAMEO(tJIJ#-UBD?~/ MY POSITION IS: / ~ ELECTIVE APPOINTIVE AME-F1RST NAME-MID COUNTY Collier 1:1 OTHER LOCAL AGENCY CITY Naples DATE ON WHICH VOTE OC WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board. council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. -- ~-- ~~ I ~ INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local pUblic office MUST ABSTAIN from voting on a measure which inures to hiS or her speCIal private gain or loss. Each elected or appomted local officer also IS prohibited from knOWingly votmg on a mea- 4_ ~e which mures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the ..rent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F .S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a ~relative~ includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A ~business associateft means any person or entity engaged in or canying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). . . ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembiy the nature of your interest in the measure on which you are abstaining from voting; and WIT\:iIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the fonn in the minutes. . . . APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you othelWise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE -TAKEN: a You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM BS - EFF.1/2000 PAGE 1 APPOINTED OFFICERS (continued) A copy of the form must be provided immediately to the other members of the agency. The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT 8Y DISCUSSION AT THE MEETING: You must disclose orally the nature of your conflict in the measure before participating. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, --ftJ/iJfJuc/iJJ~..J.~-~----, hereby disclose that onj)JL"i.fL- Z?lleAI{)f211t~, 20<?'t__ (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, ______~_______'_____________________~____________; -~::: ::: ::::::;::::: :::: ::~y L2;~~~(D __lf2JJ:/-.F ~QO/r}!!Jlw7Jjjbi_L~'-~; /IV /t1t-v "t If'II1 t<I whom I alrt-Felainett; or inured to the special gain or loss of __________,_____________~______________________.__________. which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: cr v8fl;YiIJ~fO / (;Pl/ /A ~J;;(P~ S'~ &;f/'SS/f1.J';1/o/lf;P/{J/JO~C;C ) IV C/<JlJef /L/ /J1JI21'D j J7ft/f} ) ~ CjJO/ T,t;:/11 (0NS'1!){l? I9;Y/U V7Jl'.2- ~ ;ra'1 ty 2{}tJ f.'/ /J.iO j'p(/l~-.:i CW /i!/lIL/~ ItJ(J{? After consultation with the County Attorney, I abstained from voting on the above matter pursuant to Section 286.012, Florida Statutes, which provides that "no member of any state, county, or municipal governmental board, commission or agency who is present at any meeting of such body at which an official decision, ruling or other official act is to be taken or adopted may abstain from voting.. .except when, with respect to any such member, there is or appears to be, a possil]le conflict of interest under the provisions of 112.311, S.112.313, or S.112.3143. In such cases, said member shall comp wit di e requirements of 5.112.3143." __________LM(J2_dcOlll7 ------ Date Filed 51 NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY 8E PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM S6 - EFF. 112000 PAGE 2 .J,'-.""", For the record my name is Erik Brechnitz, Vice Chairman of the Marco Island Special Tax District. We were here a month ago to enlist your support for the modification of the 2005 beach re-nourishment permit. You tabled the agenda item pending a legal opinion from staff and further technical information from our engineer. In addition there are further developments to the section of the beach that is eroding which have grave consequences. I have Bruce Anderson here today, the tax district attorney, who will discuss the legal opinion issued by county staff as well as the criteria of which this board should be concerned. Ken Humiston, our coastal engineer is here as well to discuss the reasons why the project we propose will solve the problem. But before I ask Mr. Humiston to discuss the technical merits of the project, I would like to remind all of us of a couple of relevant points. 1. The original project worked 2. Coconut Island migrated leaving this beach unprotected. 3. The erosion is so severe that only 65 feet remain. 4. 312 Housing Units at risk 5. This is a Recreation Destination for tour operators, hotel excursions, boat rental companies and the general boating public 6. The eroded area is where 1/3 of all the turtle nests were on Marco Island. 7. Valuable conservation area is being destroyed. C5\G -, --:I3> (5!>~ d> <:::? 8. 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