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Item R10 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Mav 21, 2003 Division: BOCC Bulk Item: Yes No -2L Department: DISTRICT 5 AGENDA ITEM WORDING: Discussion ofthe division of wastewater funds to unincorporated Monroe County of state and federal funds under the agreement reached by the Intergovernmental Task Force and the signers of the Tallahassee agreement signed on April 25, 2001. ITEM BACKGROUND: On April 25, 2001, the elected officials of Monroe County and the cities of Key West, Marathon, Islamorada, Key Colony and Layton agreed to a division of wastewater funds. This decision was made on completing three large central wastewater systems-Key Largo, Islamorada and Marathon. Monroe County needs to confirm for the Key Largo Wastewater District what their current status is for planning and expansion of their wastewater system. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: TOTAL COST: BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNTPERMONTH_ Year APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _ DIVISION DIRECTOR APPROVAL: ~ L-~ MAY RO TEM MURRAY NELSON DOCUMENTATION: Included X To Follow_ Not Required_ AGENDA ITEM #~ DISPOSITION: r~ . OUNTY oiMONROE .... . ": KEY WEST ~ IF:ORID^ 33040 ~ (30~l294-464' (~ "'"'- BOARD OF COUNTY COMMISSIONERS MAYOR George Neugent, District 2 Mayor Pro-Tern Nora Williams, District 4 Dixie Spehar, District I Charles "Sonny" McCoy, District 3 Murray Nelson, District 5 Murray E. Nelson Comniissioner, District Five D~ron Building, Suite II 99198 Overseas Highway Key Largo, FL 33037 PHONE (305) 852-7175 FAX (305) 852-7162 Email: boccdis5@mai1.state.fl.us April 25, 2001 Representative Ken Sorenson 317 House Office Building 402 S. Monroe Street Tallahassee, FL 32399-1300 Dear Ken: Here are just a few thoughts regarding the agreement on the $100 million federal appropriation. The Monroe County BOCC and the mayors of the cities of Key West, Key Colony Beach, Layton, Marathon and Islamorada reached an agreement to split the $100 million in the foIlowingIlianner: . to? f&...~ Key Largo 29.56%=$29'560'000~~'It!fJ 414;-........ Islamorada 29.560,X, = 29,560,000 ~" , <- }/a4 V Marathon 29.56% = 29,560,000 ' / _ . jJ:~. Key West ,10.3 %. 10,320,000 IJ~ ~ 'Key Colony Beach .2 % = 200,000 Layton .8 % = 800,000. All parties present agreed to this and when Carmen Turner asked for a show of hands that supported this position, all p,olitical parties raised their hands. . . '. .....:, . ~," ";i' .' .. . 'Ii " .." Ken Sorenson -2- April 25, 2001 , 1 It is extremely important to note that everyone agreed that the first project ready would be the first project funded, but all projects.would be funded over the three-year period. It is not often that all of the political entities in the Florida Keys agree on one issue. I see this as the first step in bringing county and city governments into the process of working together to solve some of our common goals. I would also urge you to make every effort to identify state funds for a 10- 15% match of federal funds to insure that the Congress will actually fund the first $33 million in the bill. It is extremely important to let all of the areas that were not addressed in this agreement to be funded at a later date with county, state, and federal funds and that all the parties of this agreement would support that position in the future. It is also important to note that the funding of the three large projects, Key Largo, Islamorada, and Marathon will provide affordable sewage to those areas' residents. By following the agreement reached on April 20th in Marathon, we have accomplished the following goals: 1. Working together as a whole commtmity 2. Providing affordable wastewater treatment for the majority of the people in Monroe County 3. Reduce nutrients in our nearshore waters to the maximum, with available dollars Ken Sorenson -3- April 25, 2001 4. Provide assurances to the state and federal authorities that Monroe County and the cities of the Florida Keys are committed to implementing wastewater systems over the next nine years. c: Mayors Miller, Weekley MacLaren, Kulisky & Sheahan DCA Secretary Steven Seibert Co. Administrator Jim Roberts Co. Attorney Jim Hendrick Attachments: News articles, 4/20/01 agenda Sincerely, MurrayE. Ne son Commissioner District Five ~ d1_/J , T-r.'~ ,. R.~ty tco: ~t7eO Oller.." Highw." 120.1 Olflel 1)0. 699 TIlI.mier FL 3:1010 <3051153",,,, 52!! An;ell S".., K., We.t CI", hall Key WI.1. J:L 33040 (305) 203.1558 Cllf!tfnl~..: lOClI GO\llmmen' & V.t.,.na AI'ei" (CIl.fl) Genet'! Gov.,nM.nJ ~ppropl"'jon. ee"".f SCJIIC.tion N,lam.' RellOlll'C4l' j. ~""itCJl1"tefU'" Pru'.e(;\IOI\ Co"ncfI 'Of Smarte, 00\11'""'.'11 3" HOUSe Office 8Uild illg 402 SIN'" Mo/lflMl ''-IJIhI..ee. 'l32391,I34li) 1150) .18-8955 !I.maiI: sO'MSen,lla"."g.&tale"... Julv 17. 2001 Florida House of Representatives Ken Sorensen, Ph.D. Stare R@presentativ8, Oi6ttiClt 12G Dear Government Leaders: , WI' pleased to be able to attend the wastewater dJscuS$ion in Marathon on July 12, 2001, During the dIscussIon regarding the funding 01 the different projecb. Commlsskmer N!lson raised Ihe issue of how Key largo's share would be spent. One of the County Commi$sionec& at the meeting !ltated '"a\ an of Key largo's share Of $34,733.000 could not be spent there becsuse of EPA concerns of equ~f wastewater costs. , would like to remind everyone that the $17.5 million was committed bV the Governor because the leaders of Monroe County had agreed to a spending program to provide tM highest impact on reduction of nutrients. "'his 8greement is violated in any way, it could jeopardize the 517.5 million state match for an the other projects, it the Monroe County BOCC should change the agreement . that was signed in Ihe Governor'$ office on the $100 million dollar federal tunds for wastewater pr-ojects, then the original intent of fhe Wastewater Task Forcewould"rYe compromised. therefore requiring a review of the whole funding process. If the original intent of the Wastewater Task Force has, been changed. please contact my office wi'" details. For the first time in years we are approaChing a sense of community cooperation in the Keys. Please do not destroy this process. Sinc~e'y, 1 A A A _ J~r~~~h'-- State Representative Disfrict 120 KSlkcm Faxeo to all Public OfficIals hv....-..,e...:,,-....... oJ'....'" ...., .r-..\J'-.....;>.".::> ....,... ."h,"r~JJ""-.J~ ~nX~ kA~.R- ~.J MAvOR FIlAi'll( R. KtlUSKV VJCP. MAYOR RON LEVY COIJNCJI.A(AN (~r:OJlGP. GaSLER COUNCIt.MAN MAaK GarlCG COUNCII.MAN }AMCiS MOONSY Au~ust :lB. 2001 D jg@~D\Yljg n ~28m (u Commissioner Murray E. Nelson ()amaron Building, Sic. 2 99198 Ovcrsea.~ Highway ICe)' Largo PI. 13017 0e1U' C'..ommtssioner Netton: This ktter is in responK to your leueJ ()f August 27.200\ regatdinc nutrient reduction agreements. As 0 m.:mber ofthe Imergo"WnmentallMk forc~ J bave been .ctjyC in she solicitation and allOCAtion of both Federl1lud State funding for nutrient reduction. 1 was in Iuendanee in Tallahassee when rhe "hang for rhe buck" agreement was !;igned off on, and , wa.lt.n fact a signer of that agreement. Let me give you an answer 10 your question. I fll~ve nol been aware of any change: re.wing the jnclu~ion of Key Largo as one orlhe three large initial wastewaler projects to be funded. To my knowJedge, no vote occUlTed on the IGTf level after Ibe agreement was signed. . . h~~.. PO, 8111 SS8 · l~lAMOlW...,fIt HUJ(i JIMMY WEEKLEY Mavor THE CITY Of KEY WEST P. o. BOX H09 KEY WEST, FLORIDA 33041~ 1409 _.k~d\y.com August 28, 2001 Commissioner Murray E. Nelson MonroeBOCC Damaron Building, Suite II 99198 Overseas Highway Key Largo, FL 33037 Dear Commissioner Nelson, I have not been made aware of any changes to the agreements reached at the Intergovernmental Task Force Meetings in regards to either the distribution of the $100 million in federal funding, or the distribution plan for any fll'st year .federal allocation, At the September 5th City Commission meeting, I have sponsored a resolution in support ofthe aforementioned agreement. Key, West will receIve a 10.3% share, arid will be one of the four projects in line for first year funding. r do not recall any changes to the agreement based on the current status of the Key Largo sewer project. The IGTF has agreed that the fust projects ready to go would be in line to receive the Hrst year of federal funds, but no project to date has been targeted for a delayed allocation. /// Mayor McCoy RESOLtmON NO. 468 - 2001 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, CONFIRMING THE ACITON OF THE CHAIRPERSON OF.. THE MONROE COUNTY BOARD OF COUNlY COMMISSIONERS AS':o.NE Of .~, .-" THE SIGNATORIES FOR WASTEWATER FUNDING . .:..,.. . WHEREAS, an agreement was entered into by the Mayors of ls1amorada, Marathon and Key West representing their respective cities and Monroe County Board of County Commissioners Mayor George R. Neugent representing unincorporated Key Largo for the purpose of arriving at a distribution of an anticipated $100,000,000.00 federal funding. This letter of agreement, dated April 25, 2001, shall become a part of this resolution; and WHEREAS, a confirmation of the signatory for Monroe County Board of County Commissioners is needed; and WHEREAS, the actJon may have implications for State of Florida participatIon; and WHEREAS, this resolution shouJd provjde further comfort to the residents of Key Largo that flnandal assistance Is paramount and further that this resolution and aft its implications are contfngent upon the. full one hundred miflion federal appropriation being commit.ted; now I therefore BE rr RESOL.VED 8Y THE BOARD OF COUNlY COMMISSIONERS OF MONROE COUNTY, FLORIDA that the action of the Monroe County Board of County Commissioners, as one of the signatorIes, fs hereby confirmed. PASSED AND ADOPTED by the Board of County Commlssion@rs of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of November, 2001. yor Charles McCov , r Pro TEfin-olxie Spehar ssfoner Murray Nelson loner Georg@ Neugent loner Nora WillIams yes yes yes yes yes ..,."!Ir. BOARD OF COUNTY COMMISSIONERS OF MONROE COU , ORIOA puty :J '!llf!u~~~JHOW Jdreswastew8ter$ 39\'H10~ " AN~I'IO 61: :6 Hf 9Z 33() tooZ By m.cn~n)l un.t n~.,. . ~~OIM G. u ICI~~ BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 16 April 2003 Bulk Item: Yes -X- No Division: Growth Management Marine Resources Department: AGENDA ITEM WORDING: Approval of a Resolution in support of the Program Management Plan for the Florida Keys Water Quality Improvement Program and the specific wastewater improvement priorities within the document for Monroe County ITEM BACKGROUND: Under Public Law 106-554, Departments of Labor, Health and Human Services and Education, and Related Agencies Appropriations Act of 2001, Section 109, the Army Corps of Engineers (ACOE) is authorized to provide technical and financial assistance to carry out projects for the planning, design, and construction of treatment works to improve the water quality of the Florida Keys National Marine Sanctuary. Under the ACOE policy for development of such projects, the ACOE develop a Program Management Plan (pMP) using a group called the Program Delivery Team (PDT). In large part, the PDT is synonymous with the Intergovernmental Task Force previous acknowledged by the Commission. The attached Resolution adopts the Final Draft Program Management Plan and the specific priority wastewater improvements for Monroe County found within the document. Staff has fully participated in the development ofthe PMP and fully reviewed the document and its conclusions and/or recommendations. PREVIOUS RELEVANT BOCC ACTION: Approval to participate on the PDT CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATIONS; Approval -.-..,.~... TOTAL COST: None COST TO COUNTY: None BUDGETED: Yes SOURCE OF FUNDS: No REVENUE PRODUCING: Yes No ----X- AMOUNT Per Month Year APPROVED BY: County Atty ----X- OMB/Purchasing NA Risk Management DIVISION DIRECTOR APPROVAL: -r:.~r--c. ,(?--.:...dlcz-/(c/12;(<...-> III _ ~/ Timothy McGarry, Director of Growth Manage e -') DOCUMENTATION: Included ----X- To Follow _ Not Required DISPOSITION: AGENDA ITEM NO.: \f3 BC0304100 04/02/032:42 PM RESOLlIIJON NO. 2003 A RESOLUflON OF THE MONROE COUNIY BOARD OF COMMISSIONERS ADOPTING THE PROGRAM MANAGEMENT PLAN FOR THE FLORIDA KEYS WATER QUALITY IWROVEMENT PROGRAM AND THE SECTIONS OF THE PLAN, TABLE 3.3, SPECIFIC TO PRIORITIZING WASTEWATER PROJECTS IN UNINCORPORATED MONROE COUNTY WHEREAS, Under Public Law 106-554, Departments of Labor, Health and Human Services and Education, and Related Agencies Appropriations Act of 200 1, Section 109, the Anny Corps of Engineers (ACOE) is authorized to provide technical and financial assistance to can)' out projects for the planning, design, and construction of treatment works to improve the water quality of the Florida Keys National Marine Sanctuary; and WHEREAS, under the ACOE policy for development of such projects, the ACOE must develop a Program Management Plan (PMP) using a group called the Program Delivery Team (PDT); and WHEREAS, the PDT is currently synonymous with the Intergovernmental Task Force previous acknowledged and approved by the Board of County Commissioners; and WHEREAS, County staff represented on the PDT have fully participated in the development of the PMP and fuHy rflviewed the docwnent and its conclusions and/or recommendations, and WHEREAS, the Commission recognizes the value of the PMP in further developing waStewater projects in Monroe County and its use to justify federal wastewater and storm water projec:t appropriations before Congress; now, therefore BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA THAT: Section 1. The Commission adopts the Final Draft Program Management Plant which are attached as Exhibit A and incorporated into this Resolution. Res SWMP PMI' 030416 041071039:32 AM Section 2. The Commission adopts the specific priority ~astewater improvements for unincorporated Monroe County found within the document as Table 3.3, which are attached as Exhibit B and incorporated into this Resolution. PASSED AND ADOPTED by the Board of County Commissioners, Monroe County, Florida at a regular meeting of said Board held on the 16th day of April, A.D., 2003. Mayor Dixie Spehar I"fayor Pro Tern Murray Nelson Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner David Rice BOARD OF COUNTY COMMISSIONERS MONROE COUNTY, FLORIDA BY: MA YOR/CHAIR PERSON (SEAL) ATTEST: DANNY L KOLHAGE, CLERK BY: APPR.OVED AS "0 FORM AND LEGAL SUFFICIENCY 8~ A ITa 'S OFFICE DEPUTY CLERK -'-.,.~.,. 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ClO-.l-.l", ::r ~ \ 3- ~~ -3 == I:l'" ;- ~ ~ - = -. - !.: "'= ., ~. ~ ~ - rIJ PMP Corrections/Comments Page 3-11 Distribution Formula approved by the ITF (Distribution Formula) line 4 in the matllx, "Monroe County" should strike out "MUlllut:I County" 'and replaced with Key Largo Wastewater District .. see attached documentation. . Page 3~11 section 3,3.2 Initial Projects Ust . does process restrict projects that may not be on the list at this date but may be in readiness to proceed when federal grants are available, excluded from rece,iving availabfe federal dollars? Page 3-5 table 3.1 Summary of a Master Project Ust note spreadsheet here ..; correction of "Key largo wastewater district" the ~ Page 3-7 Jfi~ add tne Key largo wastewater district and their purpose.Hf authorization List of Acronyms section 4 add to list KlWTD -- Key Largo Wastewater Treatment District AppendiK E. funding scheme approved by ITF note KlWTO is not listed for fair and equitable distribution of federal grants. KlWTO is subordinated under the "unincorporated Monroe County" umbrella. KlWTO is a special district legislated by the state legislature as sole Authority for wastewater in the Key largo area, therefore the KlWTD should be given equal consideration and Authority as any municipaJity within Monroe County Point of C....1Catioft does this document go througb one more revIew? What will be the method for amending? RNotutlon of the Key L8IgO Wptewafer TtMtment DIstrict f}A/lFI Wh.,.... - the Florida Legislature crea~ and incorporated (FS --,33n as an independent special district, ~ to d\alJter 189" F40rida at~te&, tn be known aa ih& Key Lamo ',~... Wastewater Treatment District (district), ill Monroe County, which special district shalr be a ' public body COl'pQ'" and politic. ..,,~.. Whe,e. - the purpose of the district shall be to perform such acts and shaH be necessary for the sound planning, acquisition, development, operation and maintenance of wastewater management systems within the district. WhentaS - the district shall have exclusive jurisdiction over the acquisition, deVelopment, operation, and management of a wastewater management system in and for the district boundaries. The district boundaries all of Key largo starting at Tavernier Creek., and everything north on Key Largo excluding Ocean, reef all in Monroe County, Florida. Whereas -- Monroe County BOCC and the mayor's of the cities of Key West, Key Cotony Beach, Layton, Marathon and Islamorada reached an agreement to split the $100 million in the follOWing matter: The Monroe County BOCC and the m.ayors of'the cities of Key West, Key Colony Beach, Layton. Marathon BUd)'glamorada reached an asreement to split the $100 mDlion in the fonowin~ manner: . ' - l '.'',JI- KeyLargc , 29.s~-$29'S~O'OOO;Q-~~~~r~"''''~ Is1amorada 29.S~~ -- 29.560,000 ~ u~r /~_~ tft/ Mma1hon 29,56%= 29.S60.00~ -'~IL._.' ..Koy. Wast . ..10.3 % ,- 10.320,00' 1J~..t..z" ~ Key Colon.y Beech .2 % """ 200.000 . ' . ' ,', Layton .8 % - 800,000. All parties present agreed to this and when Carmen Turner asked for a show of hands that supported this position. all pplitical parties raised the.ix hands. : .' ..- . ": :...;.:;:.::. ~.:" ." . ~-- ." ~:~~.:. Whereas --1he Monroe County BOCC on the 20th day of November, 2000 unanimously passed resolution No. 468-2001 confirming the action of the Monroe County chairperson George Neugent's agreement to the above shared diStribution whereby Key Largo was to receive 29.56% = $29,560,000 of the potential $100 million federal grant. See attached ...... - the present PMP on page 3-11 makes no reference to KLWTD receiving any distributed funds. Under this scenario the KLWTO receives no funds or is subontinated to' attempt to politically acquire funds from the County. The KLWTD is an independent special district polltlcal body which is entltfed to fair share equal distribution as any of the other municipalities. Wh.... -- the PMP page 3-6 table 3.1 indicates Isfamorada and Marathon each have 7 projects. The KLWTD has 14 projects at an estimated cost $139.7 millIon, $40 milfion more than either Islamorada or Marathon" estimated cost. Yet according to the distribution formula on page 3.11 both Islamorada and Marathon are slated for $29.3 millron each, 70% more dollars than the I<lWTD. Whereas - the KJ.WTD ;s the largesl single area In the Keys and can provide the greatest benefit by reducing the nutrient loading at 8 larger scale than most other areas in the Keys. Be Resolved by tbe Board of the Key Largo ..........r Treatment DIstrtct of Monroe County, Florida that the Distribution Formula on page 3-11 in the Final Draft (2/23103)- of the Program Management Plan, Florida Keys Water Quality lmprovemenfs Program be revised to strike out M9Rtee Ca_ and replaced with -Kev lafQO Wastewater Treatment Districr to be eligible for $29.300,000 of the $100 mll1iOn federa' funding should It be appropriated. -....':'e-'.. P8888d and adopted by the board of 'the Key largo Wastewater Treatment District of Monroe County, Florida at a regular meeting of said board held on the niilth day of ApriJ 2003, '-..-.. Florida Keys Storm Water and Wastewater Projects Proviso Language Funds in specific appropriation Line Item 1637E shall be used to fund construction of local government wastewater and stormwater systems in Monroe County. If the substance ofHB 101 or SB 1336 (Relating to Florida Keys & Key West Areas Trust Fund) becomes law, these funds are to be placed in that trust fund and distributed in accordance with this proviso language. If the trust fund is not established, the funds are to be used by the Department of Environmental Regulation in accordance with this proviso language. In order to qualify for funding, wastewater projects must be consistent with the local government's wastewater master plan, project sites necessary to project viability must have been acquired, construction bids or designlbuild proposals must have been evaluated, and a system of user charges, fees, or assessments must have been established no later than March 1, 2004. Such wastewater proj ects must be designed to meet the requirements of s. 403.086(4)a., F.S., in addition to the requirements of chapter 99-395, Laws of Florida. In order to qualify for funding, stormwater projects must be consistent with the local government's master stormwater plan, project sites necessary to project viability must have been acquired, construction bids or designlbuild proposals must have been evaluated, and a system of user charges, fees, or assessments must have been established no later than March 1, 2004. The funds shall be used for projects meeting the criteria established herein, as follows: up to 23.75% each to the municipalities of Marathon, Key West, and the Villages of Islam orad a, and to Monroe County for Key Largo; up to 2.5% each to the municipalities of Layton and Key Colony Beach. If any funds remain after distribution to qualified projects identified previously, the funds shall be distributed to hot spot projects identified in the Monroe County Sanitary Wastewater Master Plan that meet the wastewater criteria identified herein. Funds remaining after all previously identified distributions have been made to qualifying projects shall be distributed among all qualifying project(s) or in such other amounts as may be agreed upon in writing by the local governments with qualifying projects. It is the intent of the Legislature that the funds appropriated herein be counted toward the non- federal contribution of any federal funds provided for water quality improvements in the Florida Keys. Florida Keys Storm Water and Wastewater Projects Proviso Language Funds in specific appropriation Line Item 1637E shall be used to fund construction of local government wastewater and stormwater systems in Monroe County. If the substance ofHB 101 or SB 1336 (Relating to Florida Keys & Key West Areas Trust Fund) becomes law, these funds are to be placed in that trust fund and distributed in accordance with this proviso language. If the trust fund is not established, the funds are to be used by the Department of Environmental Regulation in accordance with this proviso language. In order to qualify for funding, wastewater projects must be consistent with the local government's wastewater master plan, project sites necessary to project viability must have been acquired, construction bids or designlbuild proposals must have been evaluated, and a system of user charges, fees, or assessments must have been established no later than March 1,2004. Such wastewater projects must be designed to meet the requirements of s. 403.086( 4)a., F.S., in addition to the requirements of chapter 99-395, Laws of Florida. In order to qualify for funding, stormwater projects must be consistent with the local government's master stormwater plan, project sites necessary to project viability must have been acquired, construction bids or designlbuild proposals must have been evaluated, and a system of user charges, fees, or assessments must have been established no later than March 1,2004. The funds shall be used for projects meeting the criteria established herein, as follows: 29.56% to Marathon; 29.56% to the Villages ofIslamorada, and 29.56% to Monroe County for Key Largo; 10.3% to the City of Key West; and .8% tothe City of Layton, and .2% to the City of Key Colony Beach. If any funds remain after distribution to qualified projects identified previously, the funds shall be distributed to hot spot projects identified in the Monroe County Sanitary Wastewater Master Plan that meet the wastewater criteria identified herein. Funds remaining after all previously identified distributions have been made to qualifying projects shall be distributed among all qualifying project(s) or in such other amounts as may be agreed upon in writing by the local governments with qualifying projects. It is the intent of the Legislature that th.e funds appropriated herein be counted toward the non- federal contribution of any federal funds provided for water quality improvements in the Florida Keys. t"r'l fCJ 6 i 7 I . !d__!:q-~_.c.~._,,< I' ~,(). a t:J C> to " - -'-. -1 'Jd 0 X JA^,.1 I l .' 7, I V-I J::l"f 1 vty Iv ("-J