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01-25-2006 HUCM Regular Meeting January 25, 2006 Members present: President Craig Lenz; Vice President Donald Walser; Secretary David Wetterling; Commissioner Steven Cook; Commissioner Dwight Bordson; General Manager Michael Kumm Member absent: Attorney Marc Sebora President Lenz called the meeting to order at 3:00 pm. President Lenz called for the Commission reorganization. Commissioner Wetterling nominated Craig Lenz for the position of President. Commissioner Cook seconded the nomination. Commissioner Walser made a motion to cease nominations and elect Craig Lenz to the position of President. Commissioner Cook seconded the motion and it passed unanimously. Commissioner Wetterling nominated Donald Walser for the position of Vice President. Commissioner Cook seconded the nomination. Commissioner Wetterling made a motion to cease nominations and elect Donald Walser to the position of Vice President. Commissioner Cook seconded the motion and it passed unanimously. President Lenz appointed David Wetterling as Secretary. President Lenz appointed Marc Sebora as legal counsel. President Lenz appointed Lin Madson as recording secretary. Commissioner Wetterling made a motion to designate Citizens Bank & Trust Company and Wells Fargo as depositories for utility funds. Vice President Walser seconded the motion and it passed unanimously. Vice President Walser made a motion to approve the minutes of the December 28, 2005 Regular Meeting. Secretary Wetterling seconded the motion and it passed unanimously. Manager Kumm discussed the accounts payables and will e-mail President Lenz as to the payment to the State of Minnesota. Secretary Wetterling made a motion to ratify the payment of bills in the amount of $3,630,428.60 (detailed listing in payable book). Commissioner Bordson seconded the motion and it passed unanimously. Manager Kumm reported that the auditors will be here next week. The cash flow figures are not accurate because various entries were made for year-end Journal entries, however, HUC does have a positive cash flow for December. Jan Sifferath will meet with Karen Holt and will get the rest of the 2005 claims for a more accurate figure for the year-end running balance in the medical insurance account. Secretary Wetterling made a motion to approve the financial statement and budget year to date. Vice President Walser seconded the motion and it passed unanimously. Manager Kumm presented the Amendment to 2004 Stipulation Agreement (see attached). Motion was made by Commissioner Cook to approve the Amendment to 2004 Stipulation Agreement, pending PUC I EQB approval. Vice President Walser Seconded the motion and it passed unanimously. Manager Kumm asked for authorization to proceed with the implementation of the rate stabilization funds as presented at the December Commission meeting, with the exception, and as per our auditor's recommendation, that we place money in these funds beginning in January. Vice President Walser made a motion to approve the implementation of rate stabilization fund for electric and gas. Secretary Wetterling seconded the motion and it passed unanimously. Jeff Borkenhagen, Insurance Planners, was welcomed to the meeting. Mr. Borkenhagen gave a presentation on HUC Insurance Renewals. Vice President Walser made a motion to approve staff's recommendation of approving the $25,000 deductible insurance renewals, but not to include the excess liability coverage. Commissioner Cook seconded the motion and it passed unanimously. Manager Kumm asked for authorization to negotiate a new contract with Minnesota Mining & Manufacturing (3M). This contract will come before the board for approval. Secretary Wetterling made a motion to approve authorization to negotiate new contract with 3M. Commissioner Bordson seconded the motion and it passed unanimously. To follow through with an action from 2003, Manager Kumm asked for authorization to use Commissioner's presigned (stamped) signatures for payment of bills. Secretary Wetterling made a motion to authorize the use of Commissioner's presigned (stamped) signatures for payment of bills. Vice President Walser seconded the motion and it passed unanimously. Manager Kumm gave a presentation on a strategic management process. Nine key areas will be presented to the board, one section at a time. Don Merkins explained that a control card from plant 1 (downtown) cannot be repaired, due to being obsolete. We need to upgrade Unit 1 so we can fix substation at the downtown plant. Secretary Wetterling made a motion to approve requisition #001651 for Unit 1 RTU/Control System Replacement from C3 Ilex Systems for $30,885. Commissioner Bordson seconded the motion and it passed unanimously. Division Reports: Don Merkins - Electric Electric & gas crews working together to remove overhead lines on Adams Street Turbocharger is being overhauled End of year reports done Dan Lang at MRES regarding MISO John Webster - Gas New Ulm consultants meeting regarding Fairfax Interconnect station Employees training on public awareness - how to respond to emergencies Jo-Max asking for final payment MN Pipeline running liquid pipeline through part of McLeod County Jan Sifferath - Business Policy at next month's meeting regarding 2 Commissioners signatures on check Videotronix to change front doors from auto-lock to manual lock Videotronix to fix key-card hardware lock system Cleaning up end-of-year inventory Manager Kumm reported to the Commission about the two break-ins on our property. We have installed more lights and a lock plate on some of the doors. Legal Update Received e-mail from Gislason & Hunter. One property owner on the pipeline has filed an appeal. HUC will file an appeal also so as not to set the original award as a floor from which other appeals will work from. Old Business: None New Business: None Commissioner Cook made a motion to adjourn at 4:50 pm. Secretary Wetterling seconded the motion and it passed unanimously. David Wetterling, Secretary ATTEST Craig Lenz, President Regular Meeting January 25, 2006 Members present: President Craig Lenz; Vice President Donald Walser; Secretary David Wetterling; Commissioner Steven Cook; Commissioner Dwight Bordson; General Manager Michael Kumm Member absent: Attorney Marc Sebora President Lenz called the meeting to order at 3:00 pm. President Lenz called for the Commission reorganization. Commissioner Wetterling nominated Craig Lenz for the position of President. Commissioner Cook seconded the nomination. Commissioner Walser made a motion to cease nominations and elect Craig Lenz to the position of President. Commissioner Cook seconded the motion and it passed unanimously. Commissioner Wetterling nominated Donald Walser for the position of Vice President. Commissioner Cook seconded the nomination. Commissioner Wetterling made a motion to cease nominations and elect Donald Walser to the position of Vice President. Commissioner Cook seconded the motion and it passed unanimously. President Lenz appointed David Wetterling as Secretary. President Lenz appointed Marc Sebora as legal counsel. President Lenz appointed Lin Madson as recording secretary. Commissioner Wetterling made a motion to designate Citizens Bank & Trust Company and Wells Fargo as depositories for utility funds. Vice President Walser seconded the motion and it passed unanimously. Vice President Walser made a motion to approve the minutes of the December 28, 2005 Regular Meeting. Secretary Wetterling seconded the motion and it passed unanimously. Manager Kumm discussed the accounts payables and will e-mail President Lenz as to the payment to the State of Minnesota. Secretary Wetterling made a motion to ratify the payment of bills in the amount of $3,630,428.60 (detailed listing in payable book). Commissioner Bordson seconded the motion and it passed unanimously. Manager Kumm reported that the auditors will be here next week. The cash flow figures are not accurate because various entries were made for year -end Journal entries, however, HUC does have a positive cash flow for December. 9 Jan Sifferath will meet with Karen Holt and will get the rest of the 2005 claims for a more accurate figure for the year -end running balance in the medical insurance account. Secretary Wetterling made a motion to approve the financial statement and budget year to date. Vice President Walser seconded the motion and it passed unanimously. Manager Kumm presented the Amendment to 2004 Stipulation Agreement (see attached). Motion was made by Commissioner Cook to approve the Amendment to 2004 Stipulation Agreement, pending PUC / EQB approval. Vice President Walser Seconded the motion and it passed unanimously. Manager Kumm asked for authorization to proceed with the implementation of the rate stabilization funds as presented at the December Commission meeting, with the exception, and as per our auditor's recommendation, that we place money in these funds beginning in January. Vice President Walser made a motion to approve the implementation of rate stabilization fund for electric and gas. Secretary Wetterling seconded the motion and it passed unanimously. Jeff Borkenhagen, Insurance Planners, was welcomed to the meeting. Mr. Borkenhagen gave a presentation on HUC Insurance Renewals. Vice President Walser made a motion to approve staffs recommendation of approving the $25,000 deductible insurance renewals, but not to include the excess liability coverage. Commissioner Cook seconded the motion and it passed unanimously. Manager Kumm asked for authorization to negotiate a new contract with Minnesota Mining & Manufacturing (3M). This contract will come before the board for approval. Secretary Wetterling made a motion to approve authorization to negotiate new contract with 3M. Commissioner Bordson seconded the motion and it passed unanimously. To follow through with an action from 2003, Manager Kumm asked for authorization to use Commissioner's presigned (stamped) signatures for payment of bills. Secretary Wetterling made a motion to authorize the use of Commissioner's presigned (stamped) signatures for payment of bills. Vice President Walser seconded the motion and it passed unanimously. Manager Kumm gave a presentation on a strategic management process. Nine key areas will be presented to the board, one section at a time. Don Merkins explained that a control card from plant 1 (downtown) cannot be repaired, due to being obsolete. We need to upgrade Unit 1 so we can fix substation at the downtown plant. Secretary Wetterling made a motion to approve requisition #001651 for Unit 1 RTU /Control System Replacement from C3 Ilex Systems for $30,885. Commissioner Bordson seconded the motion and it passed unanimously. Division Reports: Don Merkins — Electric Electric & gas crews working together to remove overhead lines on Adams Street Turbocharger is being overhauled End of year reports done Dan Lang at MRES regarding MISO John Webster — Gas New Ulm consultants meeting regarding Fairfax Interconnect station Employees training on public awareness — how to respond to emergencies Jo -Max asking for final payment MN Pipeline running liquid pipeline through part of McLeod County Jan Sifferath — Business Policy at next month's meeting regarding 2 Commissioners signatures on check Videotronix to change front doors from auto -lock to manual lock Videotronix to fix key -card hardware lock system Cleaning up end -of -year inventory Manager Kumm reported to the Commission about the two break -ins on our property. We have installed more lights and a lock plate on some of the doors. Legal Update Received e-mail from Gislason & Hunter. One property owner on the pipeline has filed an appeal. HUC will file an appeal also so as not to set the original award as a floor from which other appeals will work from. Old Business: None New Business: None Commissioner Cook made a motion to adjourn at 4:50 pm. Secretary Wetterling seconded the motion and it passed unanimously. W erling; Secretary ATTES C STATE OF MINNESOTA MINNESOTA ENVIRONMENTAL QUALITY BOARD In the Matter of AMENDMENT TO 2004 STIPULATION the City of Hutchinson AGREEMENT (Hutchinson Utilities Commission) Pipeline Project Part 1. Background, Purpose and Scope. On or about December 23, 2004, the State of Minnesota Environmental Quality Board ( "EQB ") and the City of Hutchinson, Hutchinson Utilities Commission ( "HUC ") entered into a Stipulation Agreement (the "2004 Stipulation Agreement ") and an Escrow Agreement to resolve alleged violations of the permit issued by EQB to HUC in March 2003 for the construction of a pipeline by HUC. The purpose of the Escrow Agreement was to allow for the deposit by HUC of One Hundred Fifty Thousand Dollars ($150,000.00) in a designated account to provide a fund to be administered by the Minnesota Department of Agriculture ( "MDA ") for soil decompaction work (the "Decompaction Fund ") requested by landowners whose property is subject to HUC's natural gas pipeline and who had not settled claims with HUC (the "Nonsettling Property Owners "). The purpose of the 2004 Stipulation Agreement was to settle all remaining disputes between EQB and HUC and to establish procedures under which the Nonsettling Property Owners may seek and obtain reimbursement payments from the Decompaction Fund. It is the sole purpose of this Amendment to the 2004 Stipulation Agreement (the "Amendment ") to amend and extend the deadline for Nonsettling Property Owners to apply for reimbursement from the Decompaction Fund. Part 2. Amendments. Part 7.B.5. of the 2004 Stipulation Agreement, which states as follows: 5. Decompaction eligible for reimbursement may be conducted only one time per growing season for the two growing seasons included in this program, growing seasons 2005 and 2006. is now amended to state: 5. Decompaction eligible for reimbursement may be conducted only one time per growing season for the four growing seasons included in this program, growing seasons 2005, 2006, 2007 and 2008. Part 7.D. of the 2004 Stipulation Agreement, which states as follows: D. At the end of the growing season 2006, any portion of the $150,000 initial deposit remaining may be applied to a supplemental environmental project reviewed and approved by the EQB Board, or as the law applicable to settlement of state litigation matters requires or allows. is now amended to state: D. At the end of the growing season 2008, any portion of the $150,000 initial deposit remaining may be applied to a supplemental environmental project reviewed and approved by the EQB Board, or as the law applicable to settlement of state litigation matters requires or allows. Part 3. No Other Amendments. All other terms, conditions and provisions of the 2004 Stipulation Agreement shall remain unchanged and in full force and effect. 1051995.1 BY THEIR SIGNATURES BELOW, THE UNDERSIGNED REPRESENT THAT THEY HAVE AUTHORITY TO BIND THE PARTIES THEY REPRESENT, AND THEIR AGENTS, CONTRACTORS, AND SUBSIDIARIES. CITY OF HUTCHINSON (Hutchinson Utilities Commission) By: CRA Title: RES ENT Date: 2. STATE OF MINNESOTA ENVIRONMENTAL QUALITY BOARD ROBERT A. SCHROEDER Title: CHAIR Date: 1 To: Hutchinson Utilities Commission From: Mike Kumm, General Manager Re: Implementation of the Rate Stabilization Funds for Gas and Electric Date: January 19, 2006 Dear Commissioners: We are asking for authorization to proceed with the implementation of the rate stabilization funds as presented at the December Commission Meeting, with one exception. We have reviewed the concept with our auditor, and he would like to place money in these funds beginning in January. As you recall, these funds were to be unrestricted funds, and would show up on the balance sheet. Our auditor is preparing the appropriate journal entries that need to be made to place money into these funds. As of this writing, we have not receive those journal entries, however, the auditor is aware that this needs to be done prior to February Is'. As you may recall, the primary objective is to have both the power cost adjustment clause and also the fuel cost adjustment clause to equal zero each month. To do this, stabilization funds would be established for both the gas utility and also the electric utility. Gas Utility • Funds for gas are designed to operate within a range of $200,000 to $400,000. • If the fund gets below $200,000 and the cost of gas exceeds $7.85 per unit, then we would collect money from the customer, in other words the customer would be charged a fuel cost adjustment clause. If the cost of gas is less than $7.85 per unit, then the fuel cost adjustment clause would equal 0. • If the fund gets above $400,000 and the cost of gas is less than $7.85, then we would distribute this money back to the customer, in other words the customer would receive a credit from the fuel cost adjustment clause. If the cost of gas is greater than $7.85 per unit, then the fuel cost adjustment clause would equal 0. • If the fund is between $200,000 to $400,000, then the fuel cost adjustment clause would equal 0. Electric Utility • Funds for electric are designed to operate within a range of $400,000 to $800,000. • If the fund gets below $400,000 and the cost of electricity exceeds $.0557 per unit, then we would collect money from the customer, in other words the customer would be charged a power cost adjustment clause. If the cost of electricity is less than $.0557 per unit, then the power cost adjustment clause would equal 0. • If the fund gets above $800,000 and the cost of electricity is less than $.0557, then we would distribute this money back to the customer, in other words the customer would receive a credit from the power cost adjustment clause. If the cost of electricity is greater than $.0557 per unit, then the power cost adjustment clause would equal 0. If the fund is between $400,000 to $800,000, then the power cost adjustment clause would equal 0. On an annual basis, the rates will be evaluated to reflect the projected cost of wholesale gas (set at $7.85 for 2006), and also wholesale electricity (set at $.0557 for 2006). In effect, the procedure forces an `informal rate study' on an annual basis, where the largest cost driver is evaluated to determine its impact on rates, as well as, resetting the power cost adjustment clause and also the fuel cost adjustment clause. At this time, we are recommending this plan be implemented, beginning with the bills that will be sent out in February, for January customer useage. Sincerely, Mike Kumm General Manager r� LJ League of Minnesota Cities LAC Insurance Trust 145 University Avenue West, St. Paul, MN 55103 -2044 (651) 281 -1200 • (800) 925 -1122 Fax: (651) 281 -1298 • TDD: (651) 281 -1290 www.imnc.org January 12, 2006 Insurance Planners Re: Hutchinson Utilities Commission 135 Third Avenue S.E. P.O. Box 68 Effective Date: 1/01/06 Hutchinson, MN 55350 RENEWAL PREMIUM SUMMARY AND BINDER ❖ Property ❖ Mobile Property ❖ Municipal Liability Automobile Liability ❖ UM /UIM 1,000,000 - Including unregistered vehicles ❖ Basic Economic Loss Benefits (PIP) - Including unregistered vehicles ❖ Automobile Physical Damage Crime ❖ Bonds Equipment Breakdown Excess Liability Limit: $1,000,000. Open Meeting Law 100% ❖ Deductible: Option: $25,000. REMARKS: DO NOT PAY UNTIL YOU RECEIVE INVOICESI $31,771. 2,442. 107,795. 3,064. 277. Included. 3,081. Included. Not Covered. 516. 43,479. 1,897. TOTAL $194,322. TORT LIMIT $300,000. /$1,000,000. Renewal coverage is bound up to 60 days pending issuance of renewal based on LMCIT forms and practices in effect on renewal date. Sincerely, Underwriter ST LMC IT22 11/05 (Prev 11/97; 4/02; 1/04, 3(04;) AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER mc I,aa"a o%MhM"W& Cigar cak, rVMWieg &" &,& January 12, 2006 Insurance Planners 135 Third Avenue S.E. P.O. Box 68 Hutchinson, MN 55350 League of Minnesota Cities Insurance Trust 145 University Avenue West, St Paul, MN 55103 -2044 (651) 281 -1200 • (800) 925 -1122 Fax: (651) 281 -1298 • TDD: (651) 281 -1290 www.imnc.org Re: Hutchinson Utilities Commission Effective Date: 1/01/06 RENEWAL PREMIUM SUMMARY AND BINDER ❖ Property ❖ Mobile Property ❖ Municipal Liability ❖ Automobile Liability ❖ UM /UIM 1,000,000 - Including unregistered vehicles ❖ Basic Economic Loss Benefits (PIP) - Including unregistered vehicles ❖ Automobile Physical Damage ❖ Crime ❖ Bonds Equipment Breakdown Excess Liability Limit: $1,000,000. Open Meeting Law 100% TOTAL TORT LIMIT $35,583. 2,735. 120,730. 3,432. 310. Included. 3,449. Included. Not Covered. 542. 43,479. 1,897. $212,157. $300,000. /$1,000,000. ❖ Deductible: Option $15,000. REMARKS: DO NOT PAY UNTIL YOU RECEIVE INVOICESI Renewal coverage is bound up to 60 days pending issuance of renewal based on LMCIT forms and practices in effect on renewal date. Sincerely, Underwriter ST LMC IT22 11/05 (Prey.. 11/97; 4/02; 1/04, 3/04;) AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER F� i League of Minnesota Cities LAC Insurance Trust 145 University Avenue West, St Paul, MN 55103 -2044 (651) 281 -1200 • (800) 925 -1122 Caw i "B aaaca�oew Fax: (651) 281 -1298 • TDD: (651) 281 -1290 www.imnc.org January 12, 2006 Insurance Planners Re: Hutchinson Utilities Commission 135 Third Avenue S.E. P.O. Box 68 Effective Date: 1/01/06 Hutchinson, MN 55350 RENEWAL PREMIUM SUMMARY AND BINDER ❖ Property Mobile Property ❖ Municipal Liability ❖ Automobile Liability ❖ UM /UIM 1,000,000 - Including unregistered vehicles ❖ Basic Economic Loss Benefits (PIP) - Including unregistered vehicles ❖ Automobile Physical Damage ❖ Crime ❖ Bonds Equipment Breakdown Excess Liability Limit: $1,000,000. Open Meeting Law 100% ❖ Deductible: Option: $10,000. REMARKS: DO NOT PAY UNTIL YOU RECEIVE INVOICESI $38,379. 2,950. 130,216. 3,701. 335. Included. 3,720. Included. Not Covered. 629. 43,479. 1,897. TOTAL $225,306. TORT LIMIT $300,000. /$1,000,000. Renewal coverage is bound up to 60 days pending issuance of renewal based on LMCIT forms and practices in effect on renewal date. Sincerely, Underwriter ST LMC IT22 11/05 (Prev: 11/97; 4/02;1104.3/04;) AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER League of Minnesota Cities LAC Insurance Trust 145 University Avenue West, St Paul, MN 55103 -2044 (651) 281 -1200 • (800) 925 -1122 Cm> W Fax: (651) 281 -1298 • TDD: (651) 281 -1290 www.imnc.org January 12, 2006 Insurance Planners Re: Hutchinson Utilities Commission 135 Third Avenue S.E. P.O. Box 68 Effective Date: 1/01/06 Hutchinson, MN 55350 RENEWAL PREMIUM SUMMARY AND BINDER ❖ Property $42,191. v Mobile Property 3,243. ❖ Municipal Liability 143,151. ❖ Automobile Liability 4,069. ❖ UM /UIM 1,000,000 - Including unregistered vehicles 368. Basic Economic Loss Benefits (PIP) - Including unregistered vehicles Included. ❖ Automobile Physical Damage 4,090. ❖ Crime Included. 4• Bonds Not Covered. Equipment Breakdown 728. Excess Liability Limit: $1,000,000. 43,479. Open Meeting Law 100% 1,897. TOTAL $249,745. TORT LIMIT $300,000. /$1,000,000. ❖ Deductible: Option: $5,000. REMARKS, DO NOT PAY UNTIL YOU RECEIVE INVOICESI Renewal coverage is bound up to 60 days pending issuance of renewal based on LMCIT forms and practices in effect on renewal date. Sincerely, Underwriter ST LMC IT22 11105 (Prey. 11197; 4/02; 1104,3/04;) AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER League of Minnesota Cities LAC Insurance Trust 145 University Avenue West, St Paul, MN 55103 -2044 �rto C (651) 281 -1200 • (800) 925 -1122 Claw amine awAnce Fax: (651) 281 -1298 • TDD: (651) 281 -1290 www.lmnc.org January 12, 2006 Insurance Planners 135 Third Avenue S.E. P.O. Box 68 Hutchinson, MN 55350 ❖ Property ❖ Mobile Property ❖ Municipal Liability ❖ Automobile Liability Re: Hutchinson Utilities Commission Effective Date: 1/01/06 RENEWAL PREMIUM SUMMARY AND BINDER ❖ UM /UIM 1,000,000 - Including unregistered vehicles ❖ Basic Economic Loss Benefits (PIP) -Including unregistered vehicles ❖ Automobile Physical Damage ❖ Crime ❖ Bonds Equipment Breakdown Excess Liability Limit: $1,000,000. Open Meeting Law 100% TOTAL TORT LIMIT ❖ Deductible: $500. $50,833. 3,907. 172,472. 4,895. 442. Included. 4,928. Included. Not Covered. 845. 43,479. 1,897. $283,698. $300,000. /$1,000,000. REMARKS: DO NOT PAY UNTIL YOU RECEIVE INVOICESI See Optional deductible quotes. Equipment Breakdown coverage applies to 225 Michegan Street office and Warehouse only. Renewal coverage is bound up to 60 days pending issuance of renewal based on LMCIT forms and practices in effect on renewal date. 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