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HomeMy WebLinkAboutAgenda CAB 110508Agenda - REVISED 10/20/08 City of Palm Beach Gardens nr..•aa.. Community Aesthetics Board Wednesday, November 5, 2008, 5:30 PM City Council Chambers PLEDGE OF ALLEGIANCE II. ROLL CALL: Regular Members Donna Wisneski — Chair Terence Brady -- Vice Chair David Anderson Frances Heaslip Jim Griffin Mark Lenow Lynn Silber Council Liaison Jody Barnett Alternates Rosie Carr - First Alternate (Appointed 10116108) Vacant - Second Alternate Staff Liaison Angela Wong Nogg: Jamie Cobb will no longer be serving as a Staff Liaison, III. ADDITIONS, DELETIONS, MODIFICATIONS IV. APPROVAL OF MINUTES: August 6, 2008 V. ITEMS BY COUNCIL LIAISON VI. ITEMS BY STAFF LIAISON VII. OLD BUSINESS A. Developing Board Objectives (Exhibit A) B. City Codes: a. Roadway Beautification Plan (Exhibit B) b, Tree and Plant Installation (Exhibit C) c. (Landscape) Maintenance (Exhibit D) d. Property Maintenance Standards (Exhibit E) Note: To see the entire Landscape Code, go to the following link, scroll down to Chapter 78, Article V, and Division 8. Landscape: http : /twww.munigode,com/resources/g to eway .asp ?pid= 12841&sid =9 Vill. NEW BUSINESS IX. COMMENTS BY PUBLIC X. ADJOURNMENT DEVELOP BOARD OBJECTIVES (Exhibit A) Please review and riop ritize the following suggestions. Be prepared to discuss your ranking at the November 5 1h meeting. • "Issue City beautification andlor environmental awards." Develop criteria (who, what, when, where, how) • Zones per board member • Provide different classes of awards i.e. commercial, private HOA's, residential communities, etc. • Always involve at least one board member with these awards Develop incentives i.e., tax relief, free renewal of business tax licenses for a year; however must be revenue neutral. Empower other organizations such as Gardens Clubs to promote, assist, or judge the awards • "At the request of council, review and provide recommendations on public roadway beautification projects." - Visual perspective on roadways (mailboxes, newspaper racks, snipe /commercial signs) - Only provide native, drought resistant vegetative species on public roadways - Already in place. See Tree and Plant Installation code. - Implement the Adopt -a- Highway Program - Request low maintenance elements only - Issue an ordinance requiring landscape contractors to use recycled mulch which is green product. Dyed mulch is not eco- friendly mulch. - Request more flowering trees, shrubs and ground cover to encourage wildlife. • "Approve community and neighborhood improvement grant applications." - Seek outside grant packages (private, governmental agencies) - Identify specific projects to find funding for (5013C organizations) - Fundraise to provide grants - Create media for residential home improvement assistance • "Review and provide recommendations on public environmental projects." - "Green Day" at City Hall (or Green Market) and coordinate this with other agencies - Establish a specific recycling day (i.e. prior to Election Day) - Update "Wild Lands" brochure - Review plans for commercial development projects above $500k • "Represent the City as the official 'Tree Board" in developing a comprehensive community tree management plan for the care of trees on public property." Create commemorative bumper stickers, etc. advertising Tree City, etc, to possibly tie into 50th Birthday Seek tree /landscaping donors o Create a page in Signature City (revenue generating to contribute towards trees) Invite the City Forester and the Grounds Superintendent to share the intensive ways which the city maintains all trees and fertilization. "Report to the City council as requested on special projects relating to community aesthetics and open space." Original McArthur Palms; tree plantings Work with the Code Enforcement Division to return the community to its original or better state before foreclosures or citizens not complying with Landscape Codes. - Post signs listing maintainer's information - Force unmaintained business owners to maintain Create commercial maintenance guidelines — Already in place. See Maintenance code. ARTICLE V. SUPPLEMENTARY DISTRICT REGULATIONS j6h&J 9 Page I of 2 Sec. 78 -324. Roadway beautification plan. (a) Applicability. (1) The standards contained in this section shall apply to all public rights -of -way which are adjacent, contiguous or internal to existing and proposed residential and nonresidential developments. Landscaping and irrigation are required within roadway medians and road shoulders. All approved planned unit developments or planned community developments that are subject to major amendments, in accordance with section 78 -49 of the land development regulations, shall be required to landscape, irrigate and maintain improvements within adjacent and /or contiguous public rights -of- way. If a development order requires road improvements not adjacent and /or contiguous to the development, the petitioner of the development shall landscape and irrigate said road. The intent of this section is to beautify public roads and keep the public roads aesthetically pleasing with landscaping and other enhancements. Unless otherwise approved through a development order or other agreement, developers and their successors or assigns shall be responsible for the installation and maintenance of roadway landscaping, including irrigation. Where roads have been landscaped and enhanced, but become nonconforming due to safety standards implemented by this section, nonconformities may be rectified during future road improvements by the person or entity making the improvements. (2) As new developments are approved, it is the intent of this section to require adjacent property owners on both sides of the road to share the cost of landscape and irrigation maintenance for medians and /or road shoulders based on the linear frontage of each development or by the square footage of the area to be maintained. (b) Landscape plans. Landscape plans for rights -of -way shall be submitted by the applicant and approved with each development approval. Landscape plans shall be as detailed as required in section 78- 305(c)(7) of this division. A cross - section of the road right -of -way, soil profile, drainage plan, irrigation plan and root barrier details are required. The community aesthetics board may assist city staff in the review of all public roadway landscape plans that are not otherwise approved by resolution or ordinance. (c) Design. (1) Unless otherwise approved by city council, roadway landscaping shall be designed with characteristics similar to the nearest existing roadway beautification project on that road, in accordance with the landscape theme provided in section 78 -201 or section 78- 231, as applicable; or using a landscape plan approved by the city for a particular road, e.g. seven cities plan for USI or Northlake Boulevard overlay district. The same landscape theme shall be used in all four quadrants of any intersection. The landscape design shall be based on the ultimate roadway configuration if road improvements shall commence prior to the last certificate of occupancy for the entire project. If no road improvements are planned within the build -out date of the development, the landscape design may be based on the existing roadway configuration. Each of the following specific standards shall apply to all median designs: a. Future city roads and public access easement roads indicated on the city of palm beach gardens' linkage plan or thoroughfare plan shall have medians wide enough to accept a tree or palm specie. b. The median design may be enhanced or changed within 75 feet of a curb cut that directly, leads into a development entrance to emphasize or compliment the entry. c. No more than 40 percent of the total landscape area contained in a median shall be covered with sod or grass. htti)://Iibraryl.municode.com/default/DocVlew/12841/l/140/145 10/20/2008 ARTICLE V. SUPPLEMENTARY DISTRICT REGULATIONS Page 2 of 2 d. Windows or voids in the landscaping (other than sod), if not in excess of 60 feet, are acceptable for scenic views of lakes, art in public places, or signage. e. All trees and /or palms proposed within a median, which are outside of the safe sight distance triangle, shall be installed at the same or greater height as the trees and/or palms proposed within the safe sight distance triangle. (2) The plant palette for roadway landscaping is provided in the city's landscape handbook, unless otherwise approved by city council. Illustrations of existing roadway landscaping within the city have been incorporated into the landscape handbook. These illustrations are representative of the desired landscape design. (d) Installation. (1) Landscaping installation shall be in accordance with applicable state and /or county engineering standards stated in section 62 -215 of the City Code. All landscaping and irrigation within the right -of -way shall be installed and completed within six months from the issuance of the clearing permit for said project or as otherwise approved by the city council. The preparation of the soil within the road right -of -way shall include excavation of material detrimental to plant growth. Best management practices shall be used for proper soil preparation and drainage of the site. The water source for the roadway landscaping may originate from the developer's project so long as there is a publicly recorded access easement in favor of the City of Palm Beach Gardens to the water source. The electrical service shall have its own meter. (2) The developer shall be responsible for obtaining all permits through the appropriate agencies. If necessary, the city shall act as the permittee on behalf of the developer to facilitate any required permit with the state or the county. (e) Maintenance. The developer and its successors, or assigns shall be responsible for the roadway landscaping maintenance. Landscaping maintenance shall be performed in accordance with applicable state and /or county engineering standards stated in section 62 -215 of the City Code. In addition to these standards, the city's landscape maintenance code, section 78 -329, and maintenance standards provided within the landscape handbook, shall control. Where these standards conflict, the stricter standard shall control. The intent of this section is to have the roadway maintained to the same standard as the adjacent development landscaping, including weeding the median concrete bullnose areas. As new developments or major amendments to approved developments occur adjacent to existing roadway beautification projects, the cost to maintain the common median shall be shared between the property owners on both sides of the roadway, per conditions of development approval or separate agreements, unless otherwise provided in the development order. The city shall disclose to all parties any maintenance agreements between developments upon request, but it shall be the property owner's responsibility to coordinate the maintenance and the shared cost thereof. (f) Enforcement. Failure to install and maintain roadway landscaping, including plant replacement, shall be a violation of this section as well as development order conditions, if applicable. Roadway landscaping and maintenance occurring within state, county or city rights - of -way shall be enforced as provided in article VII. (g) Nonconformities on city -owned roads. Any landscaped public road right -of -way dedicated to the City of Palm Beach Gardens after May 1, 2002, which falls into a nonconforming status due to changes to Palm Beach County's Streetscape Standards in the future, shall be corrected during regularly scheduled roadway improvements for said road, unless otherwise approved by the city council. Future roadway designs shall attempt to incorporate existing vegetation, including trees and palms, into the road improvements through creative engineering and /or new landscaping to replace removed vegetation. (Ord. No. 17 -2000, § 165, 7- 20 -00; Ord. No. 26 -2002, § 3, 10- 17 -02) ARTICLE V. SUPPLEMENTARY DISTRICT REGULATIONS f'Yt^fbi (r Page 1 of Sec. 78 -327. Tree and plant installation. (a) Minimum plant quality. Plant quality for all required landscaping shall be Florida No. 1 or better, as provided in Grades and Standards for Nursery Plants, Part I and Part II, as amended, as published by the Florida Department of Agriculture and Consumer Services. An alternative landscape improvement plan, as permitted by this article, may propose to use plant materials that do not meet the Florida No. 1 or better standard in order to relocate trees, create a transition area between landscaped areas and preserve areas, or for design effect. All vegetation shall be clean and free of noxious pests or disease. (b) Preferred species list. A preferred species list shall be prepared by the city, periodically revised, and distributed to the public upon request. This species list shall, to the greatest extent possible, represent plants that are: (1) Drought tolerant; (2) Adapted to cold weather; (3) Commercially available; (4) Native or naturalized; (5) Noninvasive and not destructive to native plants; and (6) Strong wooded, and not brittle. (c) Installation. All landscaping shall be installed with sound workmanship and sound nursery practices in a manner that will encourage vigorous growth. (d) Root barriers. The city shall require root barriers for trees planted within 15 feet of any road right -of -way, sidewalk, or utility. The intent of this requirement is to protect infrastructure, including sidewalks, from street trees shown on approved plans and from trees that are known to create root problems in South Florida. An applicant for a building permit may provide written justification to waive the requirement for root barriers. Such waivers shall be approved or denied administratively by the growth management department. Waivers that are denied may be appealed to the planning, zoning, and appeals board. (Ord. No. 17 -2000, § 168, 7- 20 -00; Ord. No. 17 -2004, § 5, 6 -3 -04) http: / /libraryl.municode. corn /default/DocView /12841/1/140/145 10/20/2008 ARTICLE V. SUPPLEMENTARY DISTRICT REGULATIONS Page I of 2 Sec. 78 -329. Maintenance. (a) Required. All landscape areas shall be maintained on a regular basis, to include weeding, watering, fertilizing, pruning, mowing, edging, mulching, replacement of dead or missing landscaping, removal of prohibited plants, and other horticultural practices that are needed to keep landscaping in good condition, free from disease, insect pests, weeds, refuse, and debris. Landscape maintenance shall be carried out in a manner that will not disrupt, inconvenience or endanger any member of the public, or pedestrian, or motor vehicles. City recommendations for general maintenance specifications are contained in the City of Palm Beach Gardens Landscape Handbook. (b) Condition at installation. Plants shall be alive and in good condition at the time of issuance of the certificate of occupancy. It shall be the responsibility of the property owner to replace landscaping and maintain landscaping throughout the life of the project. (c) Irrigation. (1) Standards. All landscape areas, except those areas composed of existing native plant communities, shall provide an irrigation system plan. The irrigation system shall be designed and installed in accordance with the Florida Irrigation Society Standards and Specifications for Turf and Landscape Irrigation Systems, as amended from time to time. Irrigation systems shall be designed and maintained to obtain the following results: a. Eliminate the wasteful use of water; b. Eliminate staining of buildings, walks, walls and other site improvements including landscaping; c. Provide a minimum of 100 percent coverage, including the capability of applying water onto turf areas on a different saturation level than that used to irrigate shrub - planting beds; and d. Eliminate water overthrow onto nonpervious areas. (2) Irrigation plan. An irrigation plan, unless otherwise provided herein, shall be required as part of an overall landscaping plan. The irrigation system plan shall be a minimum scale of one inch equals 30 feet. (3) Rain sensors. A rain sensor, to switch off irrigation during wet periods, shall be required on all irrigation systems. (4) Xeriscape. The city encourages the proper choice of plants for water conservation in landscaping as set forth in the South Florida Water Management District Xeriscape Plant Guide. (d) Ponds and water management areas. The maintenance of ponds, or any water management area and retention or detention area shall be the responsibility of the landowner. Such areas shall be kept in a neat and clear appearance, free of exotic aquatic vegetation and algae. (e) Maintenance of hazardous landscaping. (1) Notice and removal. A property owner shall remove a tree or palm after receiving written notice from the city indicating that the tree or palm has died and all or part of the tree or palm could fall and cause harm to persons or property. If the tree or palm is not removed within 30 days, the city shall consider or declare the tree or palm a public nuisance and shall take appropriate action to remove the tree or palm. The full cost of removing a tree or palm shall be paid by the property owner. (2) Hazards to buildings. Landscaping removed due to a potential hazard to a building htti)://Iibrar-yi.municode.com/default/DocView/12841/i/140/145 10/20/2008 ARTICLE V. SUPPLEMENTARY DISTRICT REGULATIONS Page 2 of 2 shall be replaced to comply with the approved landscape plan or with the requirements of this division, or to the greatest extent possible if an approved landscape plan is not on file with the city. (3) Hazards to persons. Landscaping removed due to a health or safety problem to persons shall be replaced to meet the intent of the approved landscape plan, or with the requirements of this division to the greatest extent possible. For example, if a concept from Crime Prevention Through Environmental Design (CPTED) could prevent a problem, alternative plants could replace existing landscaping to create a safer environment. (4) Replacement of dead or diseased landscaping. Landscaping removed due to its death, disease, damage or insect - infestation shall be replaced to comply with the approved landscape plan, or with the requirements of this division to the greatest extent possible if an approved landscape plan is not on file with the city. (Ord. No. 17- 2000, § 170, 7- 20 -00) Chapter 79 PROPERTY MAINTENANCE STANDARDS* Page 1 of 4 Chapter 79 PROPERTY MAINTENANCE STANDARDS* *Editor's note: Section 6 of Ord. No. 6, 2006, adopted May 4, 2006, provided for an effective date of Nov. 1, 2006, Sec. 79 -1. Purpose and scope. Sec. 79 -2. Definitions, Sec. 79 -3. Inspection. Sec. 79 -4. Code enforcement special master; alternative means of enforcement. Sec. 79 -5. Maintenance and appearance standards for all structures and landscaping. Sec. 79 -6. Responsibilities of owners and operators of dwellings, hotel units, and rooming houses for let. Sec. 79 -1. Purpose and scope. The purpose of this chapter is to establish uniform minimum standards for the occupancy and maintenance of dwellings, hotels, and rooming houses, as well as commercial, industrial, and institutional structures located in the City of Palm Beach Gardens. The objective of the standards of this chapter is to improve, preserve, and maintain the buildings and structures of the city and to eliminate blighting influences, wherever possible. Every building or structure in the city that is subject to the provisions of this chapter shall conform to the requirements of this chapter regardless of when the building or structure may have been constructed, altered, or repaired. This chapter does not replace or modify standards of other codes or ordinances regulating the construction, replacement, or repair of buildings or unsafe structures, but shall operate in conjunction with the standard Florida Building Codes and all other technical codes as adopted by ordinance. (Ord. No. 6, 2006, § 2, 5 -4 -06) Sec. 79 -2. Definitions. The following definitions shall apply in the interpretation and enforcement of this chapter: Building. Any structure that encloses a space used for sheltering any occupancy. Each portion of a building separated from other portions by a fire wall shall be considered as a separate building. Deterioration. The condition or appearance of a building, or parts thereof, characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting, or other evidence of physical decay, neglect, or lack of maintenance. Dwelling. Any building which is wholly or partially used or intended to be used for living, sleeping, cooking, eating, and sanitation, providing that temporary housing as hereinafter defined shall not be regarded as a dwelling. Garbage. The animal and /or vegetable waste resulting from the handling, preparation, cooking, and/or consumption of food; and wastepaper, plastic, or related materials used in the packaging and preparation of foods. Good stale of repair, good repair. A structure which is safe and habitable for its ordinary and intended use, and the materials used therein, or any fixture related thereto, must be sound, stable, and performing the function for which intended. Good condition. The item is fully and safely operable for the use for which it was intended. http: / /library I.municode.com/default/DoeView/I 2841/l /149 10/20/2008 Chapter 79 PROPERTY MAINTENANCE STANDARDS* Page 2 of 4 Hotel unit. Any room or group of hotel rooms forming a single habitable unit used or intended to be used for living and sleeping and which may not be used for cooking and eating. For the purpose of this chapter, motel units and dormitory-type sleeping accommodations shall be included in this category. Infestation. The presence of insects, rodents, vermin, or other pests within or contiguous to a structure or premises. Nuisance. Anything that endangers life or health, gives offense to the senses, obstructs reasonable use of any property, or any act or activity prohibited by general, special, or local laws. Occupant. Any person living, sleeping, cooking, or eating in, or having actual possession of a dwelling, dwelling unit, hotel unit, or rooming unit. Operator. Any person who has charge, care, or control of a building or structure, or part thereof, which is subject to this Code. Owner. Any person who alone or jointly has legal title to any building or structure, or part thereof, which is subject to this Code. Person. Any individual, firm, corporation, association, partnership, or other legal entity. Rooming house. Any building or portion thereof containing guest rooms where rent is paid and guests are not transient. For the purpose of this chapter, boarding houses are included in this category. Rooming unit. Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but including a kitchen. Rubbish. All combustible and noncombustible waste materials, except garbage, including, but not limited to, non - operating toys, bicycles, motorcycles, automobiles, mechanical equipment, and machines, or parts thereof. Structure. That which is built or constructed. Temporary housing. Any tent, trailer, or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or to any utilities systems on the same premises for more than 30 consecutive days. (Ord. No. 6, 2006, § 2, 5 -4 -06) Sec. 79 -3. Inspection. (a) The City of Palm Beach Gardens Code Enforcement Division, through its code inspectors, is hereby authorized to inspect, from time to time, all dwellings, hotels, rooming houses, and commercial, industrial, and institutional structures that are subject to the minimum property standards of this chapter. When a code inspector is required to enter onto private premises to make an inspection, he/she shall do so with the consent of the owner, operator, lessee, or occupant. In the event consent to enter the premises is withheld, the code inspector may make application to the proper court for an order allowing access to the premises. (b) Inspection of all buildings or structures shall be made during reasonable hours. If there is cause to believe an immediate threat exists to the health, welfare, or safety of persons in or about any building or structure, an inspection may be made at anytime. (Ord. No. 6, 2006, § 2, 5 -4 -06) Chapter 79 PROPERTY MAINTENANCE STANDARDS* Page 3 of 4 Sec. 79-4. Code enforcement special master; alternative means of enforcement. The City of Palm Beach Gardens Code Enforcement Special Master, pursuant to its authority under Chapter 2 of the City of Palm Beach Gardens Code of Ordinances, and under Chapter 162, Florida Statutes, shall have jurisdiction to hear and decide cases in which violations of this Code are alleged; provided, however, that alternatively, the city may utilize the citation method of code enforcement or any other lawful means available, at its discretion. (Ord. No. 6, 2006, § 2, 5 -4 -06) Sec. 79 -5. Maintenance and appearance standards for all structures and landscaping. (a) The owner and operator of all real properties within the city shall maintain the exterior of the premises in such a manner to conform with all city codes and ordinances; to avoid blighting influences on neighboring properties; and to avoid the creation of hazards to public health, safety, and welfare. Properties shall be maintained in accordance with the following standards: (1) The exterior of all premises and every structure thereon, including all parts of the structure and appurtenances where exposed to public view, shall be maintained in good condition and shall not show evidence of deterioration, weathering, discoloration, ripping, tearing, or other holes or breaks. All screened enclosures shall be properly fitted and maintained. All other surfaces shall be maintained free of broken glass, crumbling stone, brick, or stucco, or other conditions reflective of deterioration or inadequate maintenance. (2) All surfaces requiring paint or which are otherwise protected from the elements shall be kept painted or protected. Painted surfaces shall be maintained free of graffiti and void of any evidence of deterioration. (3) All off - street parking spaces shall be asphalt, concrete, block, or other surface or material approved by the city, and shall be smooth surfaced and in good repair in compliance with city codes. (4) Only one principal color may be used on each structure, excluding those used to accent architectural features and /or trim, except where more than one principal color is expressly approved by a separate development order. (5) Property adjacent to dwelling structures shall be kept free from growth of weeds, rubbish, trash, and other refuse, and landscaping shall be maintained in good condition consistent with the requirements of section 78 -329 of the Code of Ordinances. Provided, however, that the irrigation requirements of section 78 -329 shall not be interpreted to require existing residential properties to install irrigation if such installation was not required at the time the property was developed. (6) The entire yard where exposed to public view must be kept free of debris and accumulations of property and equipment which present an unsightly appearance from usual vantage points on adjacent streets and properties. Outdoor storage and the area used for such storage shall be maintained in a clean, neat, and presentable manner. Outside storage shall be confined to the required rear or side yard setback between a building and an adjacent street or building. (7) The exterior premises shall be maintained so as to prevent the accumulation of stagnant water thereon. (8) The exterior premises shall remain free of hazards which include, but are not limited to, the following: a. Dead and dying trees and limbs. httv:/ /library I.municode.com/default/DocView/I 2841/1 / 149 10/20/2008 Chapter 79 PROPERTY MAINTENANCE STANDARDS* Page 4 of 4 b. Loose and overhanging objects which, by reason of location above ground level, constitute a danger of falling on persons in the vicinity thereof. c. Holes, excavations, breaks, projections, or obstructions. d_ Excretions of pets and other animals on paths, walks, driveways, parking lots, and parking areas, and other parts of the premises which are accessible to or used by persons on the premises. e. Inadequate runoff drains for stormwater. f. Sources of infestation of rodents, vermin, and other pests. (b) Structures shall be kept in a clean and sanitary condition and in a good state of repair, including all equipment, sanitary facilities, yards, courts, driveways, lawns, and shrubbery. The owner and occupant shall prevent the infestation of rodents, vermin, and other pests within the structure he /she occupies or controls. (c) The owner and operator shall prevent animals or pets from creating an unsanitary condition or a nuisance on any premises in the owner's or operator's control. (d) Repairs and installations shall be made so as to comply with the provisions of the Florida Building Code and all other applicable regulations, laws, and /or codes. All work shall proceed in a timely fashion and be done in a workmanlike manner. (Ord. No. 6, 2006, § 2, 5 -4 -06) Sec. 79 -6. Responsibilities of owners and operators of dwellings, hotel units, and rooming houses for let. The owner or operator of every dwelling unit, hotel unit, or rooming house for let shall, jointly and severally: (1) Be responsible for the sanitary and safe maintenance of all equipment, furnishings, walls, floors, ceilings, and other building parts, and the entire premises, including yards, courts, driveways, lawns, and shrubbery. (2) Provide shades, draperies, or other devices or materials for all windows which, when properly used, will afford privacy to the occupants of the unit. (3) Be responsible for the prompt and sanitary disposal of all garbage and trash through the use of approved mechanical equipment or by placing all garbage and trash in required containers; and disposal of rubbish, garbage, lawn and shrubbery cuttings, leaves, and other waste material as provided by applicable law. (Ord. No. 6, 2006, § 2, 5 -4 -06) htti)://Iibraryl.municode.com/default/DocView/I 2841/I /149 10/20/2008