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February 12, 1968 to March 11, 1968244 At the Regular.Meeting of the Board of Supervisors of Frederick County, held in the Supervisors Room on the 12th day of February, 1968. PRESENT: Thomas B. Rosenberger, Chairman; J. Robert Russell, Donald L. Thomas B. Brumback, and Raymond C. Sandy. The minutes of the last meeting held on the 8th day of January, 1968 were read and approved. REPORTS: UPON MOTION duly made and seconded the reports of Harry L. McCann, Treasurer; Esten 0. Rudolph, Commissioner of Revenue; Lacy H. Anderson, Sheriff of Frederick County, E. Eugene Gunter, Commonwealth Attorney; Roberta A. James, Department of Welfare, Agnes Shirley, Home Demonstration Agent; John Wolfe, County Agent and H. C. Crowder, Road Engineer were read and approved. COUNTY DUMP - PROGRESS - NOTICE Mr. Rhinehart from the Tri- County Refuse Service gave a report of progress being made at the County Dump. Upon motion duly made and seconded, Be it Resolved, that the Board publishc4k Notice::in.the paper stating the County Dump will be open on week -day from 8:00 A.M. to 5:00 P.M. and on Saturday from 8:00 A.M. to dead animals, water tanks, rerrigerstors, or Simi 4:00 P.M.; no dumping on Sunday, no cars, trucks, or car bodies /to be dumped there. The above to be published in the paper for 3 weeks on Thursday and Friday. TRAILER COURTS - PETITION A petition was presented to the Board in regard to the rate of tax for of trailer camps in the County. Donald DeWitt and Carl Frye appeared before the'-',Board on behalf of persons in favor of the petition. No action was taken at this time and continued to the March meeting. Am Upon motion duly made and seconded, Be it Resolved, that the Frederick CountybBoard of Supervisors recommends to General Assembly of Virginia that Section 29 -194 of the Code of Virginia be amended and re- enacted as set forth in House Bill No. 58. The above resolution was passed. Mr. Neff requested the Board to give Robert Hansbrough the extra $50.00 for being over the other assessors to be here. The Board approved the above request effective starting the month of January. A petition of L. H. Stotler was presented to the Board concerning the re- zoning of a parcel of land situate on the Northwestern side of Martinsburg Pike from Agricultural -1 to B -2 for use as a filling station. The petition was referred to the Frederick County Planning Commission for items r, action. • • � 1:1.t Upon motion duly made and seconded, 245 The Road Meeting was set for March 11, 1968 at 10:00 A.M., Notice of same to be advertised once a week for two successive weeks after this meeting. The above resolution was passed. ' WHITACRE SUBDMSION - PRELIMINARY APPROVAL Upon motion duly made and seconddd,. The.Board approved the plat and description of Whitacre Subdivision, Section C, Final Plat, in Gainesboro District, for recordation subject to the approval of the State Highway Department. The above resolution was passed. HUNTING AND FISHIM3 LICENSES - NO,• Upon motion duly made and seconded, No action was taken upon issuing Hunting and Fishing Licenses. The above resolution was passed. DUMP - CONTRACT , Upon motion duly made and seconded, Be it Resolved, that the Board of Supervisors approves the goregoing Contract and it is ordered to be included in the minutes as follows: ' THIS AGRE UM AND CONTRACT'fis made and dated this 15th day of January, 1968, and between the Board of Supervisors of Frederick County, Virginia, party of the first part, It is specifically agreed by both the party of the first part and the party of the second part that the term of this agreement shall be for twelve (12) weeks from the date of this agreement. At the end of that time, the agreement may be terminated, continued for and William W. Denlinger, trading as Tri- County Refuge Service, party of the second part. WITNESSUH: That for and in consideration of the sum of Four Hundred Dollars ($400.00) per week to be paid by the party of the first part to the party of the second part the party of the second part hereby agrees to clean up the county dump located on the Sulfur Springs Road in Frederick County, Virginia; to exterminate the rats on said property; to cover up all of the rubbish and debris now accumulated at the said dump; to start a sanitary land fill operation in the ravine on the property recently acquired from Alonzo Smith by the party of the first part ;;to adequatbly post the said property; to fence the said property in all places necessary to effectively bar trespassers; and to construct or purchase a gate or gates and install said gate or gates at•the entrance to,the dump, it being specifically ' understood that the labor is included in the weekly payment agreed to be paid by the party of the first part to the party df the second part but that the material is to be paid for by the party of the first part. In addition to the other obligations set forth above, the party of the second part hereby agrees to render a report suggesting a proper rate schedule to be charged ' commercial users of the dump, such report shall be rendered to the party of the first part before the termination date of this agreement. N The party of the first part hereby grants authority to the party of the second part and the agents and employees of the party of the second party to supervise the said county dump and to utilize any and all buildings or, facilities located thereon in the exercise of.reasonable discretion. It is specifically agreed by both the party of the first part and the party of the second part that the term of this agreement shall be for twelve (12) weeks from the date of this agreement. At the end of that time, the agreement may be terminated, continued for I any specified period of time by written agreement of both parties, or renegotiated in any or fashion. WITNESS the following signatures and seals. :• •• •- �. •. • :405 A l. r :i• 1• 1:' :i1 GEORGE B. WHITACRE orge B. whitacre cretary ILLIAM W. DENLINGER Uli w. Denlinger tra Tri- County Refuge Service STATE OF VIRGINIA COUNTY OF FREDERICK, to -wit: as I, Janie Gunter, a Notary Public in and for the State and County aforesaid, doi hereby certify that T. B. Rosenberger, and George B. Whitacre, .Chairman and Secretary respectively of the Board of Supervisors of Frederick County, Virginia, and William W. Denlinger, trading as Tri- County Refuge Service whose signatures are affixed to the fore writing, bearing date of January 15th, 1968, have appeared before me and acknowledged the same in my state and County aforesaid. Given under my hand this 15th day of January, 1968. My Commission expires May 5, 19 FLRPM� Eftijil • • 1:1• Upon motion duly made and seconded, Be it Resolved, that the following people be named as assessors from the respective districts. Fred B. Gore - Opequon District Hugh.Dailey - Gainesboro District The above resolution was passed. Upon motion duly made and seconded, Be it Resolved, that the Frederick County Board of Supervisors strongly recommends to the General Assembly of Virginia that House Bill No. 45 be enacted. The above resolution was passed. Upon motion duly made and seconded, BE IT RESOLVED, that the Frederick County Board" of supervisors recommends to the General Assembly of Virginia that Section 33 -287 of the Code of Virginia be amended and re- enacted as follows: Section 33 -287 shooting in or along road or in a street - -If any person shoot in or along any road, or within 100 yards thereof, or in a street of any city or town, whether the town be incorporated or not, he shall 'for each offense, be fined not less than K but the provisions of this Section shall not apply to otherwise lawful shooting matches conducted in a safe and prudent manner with the guns being discharged in the direction away from the road or street. r L i 247 The above resolution was passed. PLAZA - APPLE BIDSSOM Upon motion duly made and seconded, / The Board agrees for the Apple Blossom Committee to use the Plaza on Wednesday, Thursday and' "Friday,_ May:.l; =2.and 3rd, 1968. The above resolution was passed. • r • .0 is Upon motion duly made and seconded, The Board approved the request of George B. Whitacre for a new adding machine in the Clerk's Office. The above resolution was passed. WILSON AVENUE - ADDED TO SECONDARY SYSTEM The following is a notation from the Highway Department that Wilson Avenue has been added to Highway System: As requested -in resolution by your Board on November 13, 1967, the following J addition to the Secondary System of Frederick County is hereby approved, effective January 11, 1968. ADDITIU14 LENGTH Wilson Avenue - extending from Route 7 to 0.20 mile north. 0,20 Mi. ADDITI ANu ABANDONMENT OF ROUTE f,� The following is a notation from the Highway Department on the addition and abandonment of Route 739: As requested in resolution by your Board on December 11, 1967, the following addition to and abandonment from the Secondary System of Frederick County are hereby effective January 16, 1968. ADDITION Sections 4 and 5 of new location of Route 739, between Route 673 and Route 672, Project 0739 - 034 -109 -501 Section 3 of old location of Route 739, from Station 183+00 to Route 672,. Project 0739 - 034 -109,C -501. RENT OFFICE SPACE - COMMONWEALTH ATTORNEY LENGTH o.64 Mi. 0.37 Mi. Upon motion duly made and seconded, " I Be it Resolved, that the Board pay $75.00 reR tTMIe Commonwealth Attorney for allowance on his renting of office space. The above resolution was passed. •m • u u• iii •� •• The following is a notation from t13 State Highway Department about the and abandonment of Route 622. As requested in resolution by your Board on January 8, 1968, the following addition to and abandonment from the Secondary System of Frederick County are hereby effective January 26, 1968. MA • ADDITION Section 4 of new location of Rost a 628 and Sections 5 and 6 of new location of Route 622 between Cedar Creek and Route 622, Project 0628- 034 - 105,0 -;jol. Section 3 of old location of Route 622, from connecting Station 111+00 to old Route 628, Project 0628- o34 -lo5, C -501. JULIUS R. SELL - AMEND ZONING ORDINANCE N 0 T I C E LENGTH o.40 Mi. o.18 Mi. The Board of Supervisors of Frederick County, Virginia, will hold a public hearing on Monday, April 8,,1968, at 11:00 a.m., in the Board Room, County Office Building, upon the application of Julius R. Sell and Virgie E. Sell to amend the zoning ordinance for two acres of land owned by the said Julius R. Sell and Virgie E. Sell fronting on the Northe side of U. S. Highway No. 522, gust West of the western bypass(Route 37) and relocated Apple Pie Ridge Road (Route 739), and more particularly described in a plat and survey dated July 10, 1957, prepared by Richard U. Goode, Certified Land Surveyor, from Agricultural Gene District A -2 to Business General District B -2. Petitions and their exhibits, if anp,Finay be examined in the Office of the of the Circuit Court of Frederick County, Virginia. Upon motion duly made and seconded, The Board agreed to continue the application of Julius R. Sell and Virgie E. Sell for tac.period of sixty days. CITIES SERVICE OIL COMPANY - AMEND ZONING ORDINANCE - ADOPTED Upon motion duly made and seconded, BE IT ENACTED, that 7.35 acres of realty belonging to Cities Service 011 which property fronts on U. S. Highway No. 11 at its Southern intersection with Interstate Highway No. 81 and Virginia Secondary Road No. 839, be rezoned from Industrial I to Business II to permit the use of same for the erection and operation of a gasoline service station, motel, and restaurant. This Ordinance is hereby adopted after. due Notice and the holding of a public hearing on this 12th day of February, 1968. WADE H. EMMART AND SON - AMEND ZONING ORDINANCE - ADOPTED Upon motion duly made and seconded, BE IT ENACTED, that the Petition of Wade H. Fhmart and Son to amend the zoning ordinance for a lot fronting on Dodge Avenue and adjoining lots facing Route 7 from Residential 2 to Business 2 in conformity to said lots facing Route 7 is hereby granted; the said lots being owned by the Petitioners. This Ordinance is hereby adopted after due Notice and the holding of a public J hearing on this 12th day. of February, 1968. .iie. EXPANSION.OF R. P. I. - ADOPTED Upon motion duly made and seconded, The following is a resolution duly adopted on February 12, 1968, by the 0 County Board of Supervisors upon the motion of Thomas B. Srumback and seconded by J. Robert Russell: BE IT RESOLVED, that the Frederick County Board of Supervisors hereby urges the 1968 Virginia General Assembly to abandon the costly plan of expanding R. P. I. to the James River across 193 acres in the high density area of downtown Richmond, since the state will be financially hardpressed as never before, and, BE IT FURTHER RESOLVED, that the 2072 acre state owned Elko Tract in the Metropolitan Richmond area be utilized as a third site for the state university without expending state funds for site acquisition, to form a tri- campus site for a great state university utilizing existing facilities and locations of M.C.V. and R.P.I. as parts thereof!, J. Fred Larrick, Attorney at Law, presented the application of Joseph F. Hughes et ux and Shenandoah Brick and Tile Corporation to rezone a portion of land containing approximately 202 acres located about two miles East of WincYe star, just North of State 7, which portion of land is commonly known as the Warner property. Upon motion duly made and seconded, the request was referred to the Frederick County Planning Commission. The above resolution was passed. LAWRENCE P. COLE, ET UX - VARIANCE TO SUBDIVISION ORDINANCE Charles E. Bass, of the Frederick County Planning Commission, appeared and advised the Board that Lawrence P. Cole at ux wished to convey a parcel of land containing slightly less than one acre to Harry B. Thompson, Jr. at ux; such property being located on Red Bud Road dust North of State Route No. 7 a short distance East of Winchester., Virginia. Mr. Bass.advised the Board of Supervisors that Harry B. Thompson, Jr. is an employee of and a close�fri9ndlof Lawrence P. Cole. Mr. Bass further advised that Mr. Cole has no further intention to subdivide the remaining land owned by him. Mr. Bass suggested that Mr. and Mrs. Cole be allowed to convey the said parcel of land to Harry B. Thompson, Jr. at ux. Upon motion duly made and seconded, Lawrence P. Cole at ux are hereby granted authority to convey the aforesaid tract of land to Harry B. Thompson, Jr. et ux as a or exception to the subdivision ordinance of Frederick County, Virginia. V .• I�ml.i • • ••• AN ORDINANCE EXEMPTING CERTAIN REALTY FROM THE PROVISIONS OF TITLE I. ARTICLES IV -2, IV -4, IV -5 -1, IV -7 -2, and IV -7 -3 OF THE ZONING ORDINANCE OF FREDERICK COUNTY, VIRGINIA, WHICH WAS ADOPTED ON THE 13TH DAY OF MARCH, 1967, AND EXEMPTING THE SAME REALTY FROM THE BUILDING LINE AND AREA REQUIREMENTS OF TITLE II, ARTICLE V, SECTION 5 (a) OF THE FREDERICK COUNTY SUBDIVISDN ORDINANCE, WHICH WAS ENACTEDDON JANUARY 10, 1966, FOR THE PURPOSE OF PERMITTING THE ERECTION OF:dTOWNSHOUSES THEREON. BE IT ENACTED that there is hereby exempted and excepted from Title I. Articles IV -2, IV -4, IV -5 -1', IV -7 -2, and IV -7 -3, all that lot or parcel of land containing 7.632 acres lying and being situate on the North side of Virginia Secondary Road No. 657, bounded on the South by Virginia Secondary Road No 657 on the West by the lard of Brownie Kern Sutton, on the East by the land of Bernard Sours, and on the North by the land of Lohr H. Dunlap so as to permit the erection of town houses. BE IT FURTHER ENACTED that the aforesaid property is hereby exempted and exc from the building line and area requirements of Title II, Article V, Section 5 (a), of the Frederick County Subdivisinn Ordinance for the purpose of permitting the erection of houses. This Ordinance is hereby adopted after due Notice and the holding of a public ' hearing on this 12th day of February, 1968. ACCOUNTS PAYABLE Accounts totaling $16,824.81 were readdand approved and ordered to be paid from ' the General County Funds by Warrants 3210 and 3317 inclusive: Livestock, Fowl Claim and Henry Bursey's Salary totaling $650.45 were read and ordered to be paid from the Dog Fund by Warrants 72 and 82 inclusive. UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD DO NOW ADJOURN. At the Regular Meeting of the Frederick County Board of Supervisors on the 28th day of February, 1968, at 7:30 P.M. PRESENT: T. B. Rosenberger, Chairman, R. C. Sandy, Donald L. Baughman, J. Robert Russell, and Thomas B. Brumback. CHAMBER OF COMMERCE - RAISE APPROPRIATION Upon motion duly made and seconded, Colonel C.G. Follansbee appeared before the Board requesting the Supervisors to increase the appropriation in budget of $500.00 to $1,000.00- No action was taken at this time. GAS CHAMBER - PURCHASE OF Upon motion duly made and seconded, BE IT RESOLVED, that the Board authorizes Henry Bursey to buy a Gas Chamber to be used for extermination of dogs. The above resolution was passed. BUDGET MEETING - DATE SET Upon motion duly made and seconded, BE IT RESOLVED, that the Board hold a meeting on March 13, 1968, at 7:00 P.M. for a; general discussion of the 1968 -1969 Frederick County Budget. COUNTY OF HENRICO - RESOLUTION At a regular meeting of the Frederick County Board of Supervisors, held in the County Office Building, Winchester, Virginia, on Wednesday, February 28, 1968, at 7:30 p.m.,- on motion of Donald L. Baughman, seconded by J. Robert Russell, the following resolution was iI unanimously adopted: BE IT RESOLVED that the Frederick County Board of Supervisors does hereby request the Executive Director of the Virginia Association of Counties to take postive action on of the County of Henrico and all members of the Association to vigorously oppose the bill now pending in the General Assembly, whi6h would force a merger between the City of Richmond and Lthe t-C o unty of Henrico . 251 request the Executive Director of the Virginia Association of Counties to take the same ac BE IT FURTHER RESOLVED, that the Frederick County Board of Supervisors does hereby in reference to any similar legislation involving any other member of the Virginia Associat of Counties. BE IT FURTHER RESOLVED, that attested copies of this resolution be forwarded to the - Executive Director of the Virginia Association of Counties, to the Honorable J. Kenneth Robinson, and to the Honorable Flournoy L. Largent, Jr. UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE B©ARDPIDO NOW ADJOURN. i l At the Regular Meeting of the Board of Supervisors of Frederick County, Virginia, held in the Supervisors Room on the -11th day of March, 1968. PRESENT: Thomas B. Rosenberger, Chairman; J. Robert Russell, Donald L. Baughman, Thomas B. Brumback, and Raymond C. Sandy. The minutes of the last meeting held on the 12th day of February, 1968, were reads and approved. REPORTS: UPON MOTION duly made and seconded the reports of Harry L. McCann, Esten 0. Rudolph, Commissioner of Reverme; Lacy H. Anderson, Sheriff of Frederick County, E. Eugene Gunter, Commonwealth Attorney; Roberta A. James, Department of Welfare, Agnes 'Home Demonstration Agent; John Wolfe, County Agent and H. C. Crowder, Road Engineer were read and approved. TRI- COUNTY REFUSE SERVICE - REPORT Paul Rhinehart appeared before the Board and gave a report on the progress at the Frederick County Dump. ANNEXATION SUIT - CITY AND COUNTY - REPORT Eugene Gunter, Commonwealth Attorney gave a report on the pre -trial conference of the Winchester - Frederick County Annexation suit held in Front Royal on March 9, 1968. :isl�o Y"' �alwy uma1�:!IlR`eT�d Dr. L. A. Dickerson presented the 1968 -1969 Health Department budget. DEER SEASON IN FREDERICK COUNTY - RESOLUTION Upon motion of Donald Baughman and seconded by Raymond Sandy, Be it Resolved, that the Board of Supervisors of Frederick County request the State Game Commission to so arrange the Game laws of Frederick County in that it shall be lawful ;to take "Bucks" for one week only, and leave the balance of the Game Season as is. The above resolution was passed. ROAD VIEWERS - APPOINTED It appearing to the Board that it is necessary to have Road Viewers, Uponrmotion duly made and seconded, It is ordered that E. W. Adams, Jr.- Gainesboro District, D. K. Russell, - Stonewall District, E. Michael Luby,- Shawnee District, Winston Huffman, - Opequon District, and Oren Snapp, -Back Creek District, hereby are appointed Road Viewers for Frederick County, Virginia. 252 The date for viewing certain roads was ^continued to the next regular meeting. ri s • i a+• • u J. Robert Russell and Raymond Sandy were appointed to study the Trailer situation in Frederick County. Upon motion duly made and seconded, Be it Resolved, Eugene Gunter, Commonwealth Attorney has permission to order furniture from the Virginia State Penitentiary to be paid for by him. The above resolution was passed. sHAWNEE -LAND - PLAT AND DEED OF DEDICATION Charles E. Bass, Subdivision Administrator presented Shawnee -Land, Plat No.l'and 2, Section 9, and Deed of Dedication for recordation. The above Deed of Dedication was accepted and ordered to be recorded. ROAD R EQUESTS - ADDITIONS AND IMPROVEMENTS FOR 19 BACK • gar, D ISTRICT Route T. C. FROM TO REQUEST REMARKS New Addition Rt. 620 Rt. 619 New Addition Five Pitcoc New Addition Rt. 50 Dead End New Addition (Ward Avenue) Mrs. Guy Wolfo with Petition 629 68 Rt. 628 Rt:o622:,•'� ,cRavenstruct and _ U ame gh wing an Reconstruct Pave and 671 31 Rt. 681 Back Creek 622, 39 Rt. 620 Rt. 629 Improve Curves Roland Sna p (2� Reconstruct and 654 65 Rt. at St. Paula Church and two Reconstruct and and Opequon, Widen and Resurface 606 16 Rt. 608 Shen. C. L. Culverts at (2) locations John C New Addition Rt. 817 .40 M1. South Elmer L. Emmor and two (2) 632 93 Rt. 7a+ Dead End New Bridge and Charles Willi( two Widen and New Addition Rt. 50 South New Addition � da3 Edwin Ho(2) two 707 30 Rt. 610 W. Va. Line Reconstruct Mr. Rosenberg( 616 43 Rt. 608 Rt. 608 Reconstruct Mr. Rosenberg( 606 16 Bridge over Cedar Creek Mr. Rosenberg( 622 984 .25 Mi. W• Rt. 11 Improve Curve Mr. Rosenberg( 600 136 Rt. 607 Rt. 611 St . J Bridge urc • C hurch 621 64 Rt. 622 Rt. 628 Reconstruct Mr. GAINESBOR0 DISTRICT New Addition Rt. 789 South New Addition 608 63 Rt. 63o Rt. 679 Reconstruct Pave and 608 55 Rt. 731 Rt. 681 Reconstruct Pave and 681 90 Rt. 671 W. Va. Line Reconstruct Pave and 671 31 Rt. 681 Back Creek Widen 6o8 79 Rt. 654 Rt. 522 Reconstruct and 654 65 Rt. 674 Rt. 671 Reconstruct and Homer Davis with Petition Marvin Combs and Four (4) with petition Ric catner and Six (6) with written f+equest W. R. Wolfe an One (1) W. R. Wolfe a One (1) Mr. Russell Mr. Russell 253 r Route T. C. FROM TO Rt. 628 636 26 739 502 Rt. 522 Rt. 672 734 59 Rt. 127 Rt. 694 696 68 Rt. 522 W. Va. Line 699 17 Rt. 522 Low Water Bridge OPEQUON DISTRICT 759 52 Rt. 638 Rt. 627 636 26 Rt. 64o Rt. 641 735 47 End Hard Surf. Rt. 737 640 37 Rt. 639 Warren C.L New Addition Rt. 636 Warren C.L. 67 Rt. 656 Rt. 820 644 24 648 93 Rt. 631 Rt. 649 638 53 Rt. 625 Rt. 759 629 27 Rt. 631 . 25 Mi South 842 41 End Hard Surf. Warren C.L. New Addition End Rt. 1012 Rt. 735 SHAWNEE DISTRICT 655 77 Improve Ford at Clark C.L. 659 67 Rt. 656 Rt. 820 644 24 Rt. 50 Clarke C. L. New Addition Orchard Avenue Woodland Ave. New Addition Brown Street From Rt. 744 North STONEWALL DISTRICT [ I New Additions. End of Rt. 667 Rt. 666 667 39 Bridge at Clarke C.L. W. Va. Line New Addition Rt. 811 Extension .10 mi. North 672 Rt. 11 Brucetown fIn Budget) Guard Rail Mr. Russel Improve Curves Mr. Patters Reconstruct Mr. Russell (1.2 Miles in current budget) Widen Mr. Russell Widen and Improve Widen and Improve RecorB truct Buckhorn Lane Improve Widen Add. Stabilization Reconstruct Reconstruct Reconstruct Resurface ✓. u. a.ua o and three H. B. Live. and One (1 Frank Quinn and One (1) James Judy Mr. Sandy Mr. Sandy Mr. Sandy Petition Mr. Sandy Mr. Sandy Arthur Roe a Two (2) Mr. Baughman Mr. Baughman Mr. Baughman Mr. Baughman B. A. Travers Petition Bill Orndorff Wm. Reuter (Mrs)Joseph Jollif. ACCOUNTS PAYABLE Accounts totaling $16 were read and approved and ordered to be paid from the General County Funds by Warrants 3318 and 3400 inclusive: Livestock, Fowl Claim and Henry Bursey's Salary totaling $652.06 were read and ordered to be paid from the:Dog Fund by Warrants 83 and 92 inclusive. • • �1Z u : ��: ::n a_�Zi to �� Y • ; q M� 5:�7:T.�7:1:7��� Lei i;;iM