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Home My WebLink About06/22/2004 INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS OF JUNE 22, 2004 1.CALL TO ORDER........................................................................................ 1 2.INVOCATION ............................................................................................... 1 3.PLEDGE OF ALLEGIANCE...................................................................... 1 4.A.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS ............................................................................................................ 2 4.B.INTRODUCTION OF COUNTY HUMAN RESOURCES DIRECTOR DONNA KASPARI ................................................................ 2 5.PROCLAMATIONS AND PRESENTATIONS ....................................... 3 5.A.PME,OC RESENTATION BY ARGUERITA NGEL FFICE OF OMMUNICATIONS AND GA–CTDRP OVERNMENTAL FFAIRS ANAL RASH AND EBRIS EDUCTION ROJECT –S.JRWMD(SJRWMD)L T OHNS IVER ATER ANAGEMENT ISTRICT AGOON LPC-SP ................................................................3 ICENSE LATE OSTHARING ROGRAM 6.APPROVAL OF MINUTES ........................................................................ 3 7.CONSENT AGENDA ................................................................................... 3 JUNE 22, 2004 1 7.A.R .....................................................................................................................3 EPORTS 7.B.AW–J4-10,2004............................................................4 PPROVAL OF ARRANTS UNE 7.C.AM,I.-AMC MERICAN EGACOM NC NNUAL AINTENANCE ONTRACT FOR CTE–2004-2005 ........................................................4 OURTROOM APING QUIPMENT 7.D.EMPOBA LECTION OF ETROPOLITAN LANNING RGANIZATION ICYCLE DVISORY C(MPOBAC)CLHVC OMMITTEE HAIRMAN IBBY ARROW AND ICE HAIRMAN TG ...............................................................................................................4 ERRY OFF 7.E.R2004-061-MBA015 ....................5 ESOLUTION ISCELLANEOUS UDGET MENDMENT 7.F.PCFSIGA AUL OVERDELL ORENSIC CIENCE MPROVEMENT RANT PPLICATION $15,508-S ..............................................................................................5 FOR HERIFF 7.G.RPII-FPA–CR IVERWIND HASE INAL LAT PPROVAL ONTRACT FOR EQUIRED I(SL)JDCF,I. ...............5 MPROVEMENTS TORMWATER AND ANDSCAPING LORIDA NC 7.H.CBS-WO#4A OUNTYWIDE EACH URVEYING ORK RDER TO THE NNUAL SSCN.0390–M&E,I. URVEYING ERVICES ONTRACT O ORGAN KLUND NC (BPP) .............................................................................6 EACH RESERVATION ROJECT 7.I.HRCDBG OUSING EHABILITATION OMMUNITY EVELOPMENT LOCK RANT (CDBG)–GA-JKA.C.CBM IFFORD REA AMES ING AND ANNON IDS TO EYERS C,CO#1#2DMR ONSTRUCTION HANGE RDER AND FOR AVE AND ARY OBERTS MC .......................................................................................6 TO EYERS ONSTRUCTION 7.J.APVCB, UTHORIZATION TO URCHASE EHICLES BASED ON OMPARATIVE IDS SC,FS’A,TW TATE ONTRACTS LORIDA HERIFFS SSOCIATION OR HREE RITTEN Q-S......................................................................................................7 UOTES HERIFF 7.K.CECP–A’CI OUNTY MPLOYEES AFETERIA LAN LLSTATES ANCER NSURANCE AISTDR–S AND CCIDENT NSURANCE WITH A HORT ERM ISABILITY IDER ECTION 125–IRSC–BRG NTERNAL EVENUE ERVICE ODE ENEFITS ESOURCE ROUP (BRG)-KO .......................................................................................................8 EN RR 9.A.1.PUBLIC HEARING - ECHO LAKE –CONCEPTUAL PLANNED DEVELOPMENT SPECIAL EXCEPTION USE APPROVAL – SUNLAND DEVELOPMENT, INC. – KNIGHT, MCGUIRE & ASSOCIATES, INC. (LEGISLATIVE) ..................................................... 8 JUNE 22, 2004 2 9.A.2.PUBLIC HEARING - ORDINANCE 2004-018 – REZONE APPROXIMATELY 75.10 ACRES FROM A-1 TO RS-3 – EAST THTHTH OF 66 AVENUE BETWEEN 49 AND 45 STREETS - VERO BEACH DEVELOPMENT I, LLC (RZON 2004020225) (QUASI-JUDICIAL) ................................................................................... 13 9.A.3.PUBLIC HEARING – ORDINANCE 2004-019 – IMPLEMENTING ARTICLE V COURT COST SHIFTS BETWEEN THE STATE AND COUNTY (LEGISLATIVE) .............. 15 9.A.4.PUBLIC HEARING – PROPOSED AMENDMENT TO CHAPTER 208 (REGARDING FIRE PROTECTION/FIRE PREVENTION) AND ADOPTING FEES (LEGISLATIVE) ............... 17 9.B.1.PUBLIC DISCUSSION ITEM – BRIAN HEADY’S REQUEST TO DISCUSS HOW CURRENT AND PAST ACTIONS OF NEARBY COUNTIES ARE SIMILAR TO ACTIONS OF THE ELECTED BODY ALL OF WHICH RELATE TO THE QUALITY OF LIFE, THE TAX BURDEN, AND EXPENDITURES OF INDIAN RIVER COUNTY RESIDENTS .............................................................................. 20 9.B.2.PUBLIC DISCUSSION ITEM – FRANK L. ZORC’S REQUEST TO DISCUSS NEGATIVE RESPONSES TO COMMISSIONER TH LOWTHER’S JUNE 8 DISCUSSION ON “REQUIRING A REFERENDUM FOR PURCHASES EXCEEDING $15,000,000.” ..... 20 9.B.3.PUBLIC DISCUSSION ITEM – ADRIENE CUFFE’S REQUEST RD TO DISCUSS 43 AVENUE WIDENING PROJECT ......................... 21 JUNE 22, 2004 3 9.B.4PUBLIC DISCUSSION ITEM - DR. ROBERT NICHOLAS’ REQUEST TO DISCUSS NON-PERFORMANCE OF DEVELOPER – CHASE MEADOWS, L.L.C. ....................................... 21 9.C.1.PUBLIC NOTICE ITEM SCHEDULED FOR PUBLIC HEARING ON JULY 6, 2004 ......................................................................................... 24 9.C.1.H&FP,LLC:RR6.04AL ROPERTIES EQUEST TO EZONE CRES OCATED AT THE SQI73SU.S.1 RD OUTHWEST UADRANT OF THE NTERSECTION OF TREET AND OCR,O,C,R,CL,L FROM FFICE OMMERCIAL ESIDENTIAL TO IMITED C,CK.JT,O,BM,A OMMERCIAL YNTHIA OHNSON RUST WNER ILL ILLS GENT (Q-J) .................................................................................................... 24 UASIUDICIAL 9.C.2PUBLIC NOTICE ITEM SCHEDULED FOR PUBLIC HEARING ON JULY 20, 2004 ....................................................................................... 24 9.C.2.WDS:RR ATERFRONT EVELOPMENT OF EBASTIAN EQUEST TO EZONE A1.98ALSQ PPROXIMATELY CRES OCATED AT THE OUTHWEST UADRANT OF U.S.1S.SRCL,LC AND THE T EBASTIAN IVER FROM IMITED OMMERCIAL DOCR,O,C,R,D– ISTRICT TO FFICE OMMERCIAL ESIDENTIAL ISTRICT WDS,O;RB,A ATERFRONT EVELOPMENT OF EBASTIAN WNER OGER IRT GENT (Q-J) .................................................................................................... 24 UASIUDICIAL 11.C.1.GENERAL SERVICES – ADMINISTRATIVE OFFICE RD FACILITIES AT 43 AVENUE – AMENDED AGREEMENT WITH DONADIO & ASSOCIATES, ARCHITECTS OF VERO BEACH ......................................................................................................... 25 11. I.1.WESTFIELD SUBDIVISION DEVELOPER’S AGREEMENT - TH INTERSECTION WIDENING OF STATE ROAD 60 AND 58 AVENUE – RJP DEVELOPMENT COMPANY ................................... 26 JUNE 22, 2004 4 11.I.2EAST CR-510 AND NORTH A1A ROADWAY IMPROVEMENTS -PROFESSIONAL CIVIL ENGINEERING, GEOTECHNICAL ENGINEERING AND LAND SURVEYING SERVICES AGREEMENT – KIMLEY-HORN AND ASSOCIATES .............................................................................................. 26 11.I.3.BID AWARD NO. 6080 MILLING, RESURFACING AND SHOULDER WIDENING OF CR-512 FROM SR-60 TO TH FELLSMERE FARMS AND OSLO ROAD FROM 20 AVENUE TH TO 27 AVENUE – E. J. BRENEMAN L.P. .......................................... 27 11.J.1.HAGER HIGHLANDS SUBDIVISION – PETITION WATER THTH SERVICE – 10 AVENUE, SOUTH OFF 4 STREET – PROJECT NO. UCP-2468 ......................................................................... 28 12.COUNTY ATTORNEY – RESOLUTION 2004-062 – CALLING FOR BOND REFERENDUM ELECTION ON NOVEMBER 2, 2004 – LAND ACQUISITION ADVISORY COMMITTEE (LAAC) ........................................................................................................................ 29 13.A.1.CHAIRMAN CAROLINE D. GINN – COMMITTED ROADWAYS – TRANSPORTATION ELEMENT OF THE COMP PLAN ............................................................................................... 31 13.C.COMMISSIONER FRAN B. ADAMS – AUTHORIZATION FOR AN APPRAISAL ON LAND ADJACENT TO THE COURTHOUSE PARKING GARAGE ................................................... 32 JUNE 22, 2004 5 June 22, 2004 REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS The Board of County Commissioners of Indian River County, Florida, met in th Regular Session at the County Commission Chambers, 1840 25 Street, Vero Beach, Florida, on Tuesday, June 22, 2004, at 9:00 a.m. Present were Caroline D. Ginn, Chairman; Arthur R. Neuberger, Vice Chairman; and Commissioners Fran B. Adams, Thomas S. Lowther, and Kenneth R. Macht,. Also present were Joseph Baird, County Administrator; William G. Collins II, County Attorney; Kimberly Massung, Executive Aide and Maria I. Suesz, Deputy Clerk. 1. CALL TO ORDER Chairman Ginn called the meeting to order. 2. INVOCATION Commissioner Kenneth R. Macht delivered the Invocation. 3. PLEDGE OF ALLEGIANCE Commissioner Arthur R. Neuberger led the Pledge of Allegiance to the Flag. JUNE 22, 2004 1 4.A. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Ginn requested the following changes to today’s agenda: Replace: Item 9.A.4. Page 134 – 152, Ordinance Amending Chapter 208 (Fire Protection/Fire Prevention), Resolution Adopting Fees and Attachment “A” Schedule of Fees Defer: Item 9.B.2. Frank Zorc’s Request to Speak Regarding Negative Responses to Commissioner Lowther’s th June 8 Discussion on “Requiring a Referendum for Purchases exceeding $15,000,000” Add: Item 13.C. Commissioner Adams’s request for Appraisal on Property Adjacent to the Courthouse Parking Garage ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, the Board unanimously made the above changes to the Agenda. 4.B. INTRODUCTION OF COUNTY HUMAN RESOURCES DIRECTOR DONNA KASPARI County Administrator Joseph Baird introduced Donna Kaspari as the new County Human Resources Director. JUNE 22, 2004 2 5. PROCLAMATIONS AND PRESENTATIONS 5.A. PME,O RESENTATION BY ARGUERITA NGEL FFICE OF CGA–CT OMMUNICATIONS AND OVERNMENTAL FFAIRS ANAL RASH DRP–S.JRW AND EBRIS EDUCTION ROJECT T OHNS IVER ATER MD(SJRWMD)LLP ANAGEMENT ISTRICT AGOON ICENSE LATE C-SP OSTHARING ROGRAM Marguerita Engel, Intergovernmental Coordinator, Office of Communications and Governmental Affairs presented a check in the amount of $19,410 on behalf of the St. Johns River Water Management District and the Indian River Lagoon License Plate Cost-Sharing Program for the Indian River Farms Canal Trash and Debris Reduction Project. She provided information on other cost-sharing programs available and their deadlines for applications. 6. APPROVAL OF MINUTES None. 7. CONSENT AGENDA 7.A. R EPORTS The following report has been received and is on file in the office of the Clerk to the Board: 1. St. Johns River Water Control District – Charles Shinn reelected for an additional 3 years JUNE 22, 2004 3 7.B. AW–J4-10,2004 PPROVAL OF ARRANTS UNE ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously approved the list of Warrants for the time period of June 4-10, 2004, as recommended in the memorandum of June 10, 2004. 7.C. AM,I.-AMC MERICAN EGACOM NC NNUAL AINTENANCE ONTRACT CTE–2004-2005 FOR OURTROOM APING QUIPMENT ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously approved the American Megacom, Inc. Annual Maintenance Contract commencing on April 15, 2004, as recommended in the memorandum of June 16, 2004. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.D. EMPOB LECTION OF ETROPOLITAN LANNING RGANIZATION ICYCLE AC(MPOBAC)CLH DVISORY OMMITTEE HAIRMAN IBBY ARROW VCTG AND ICE HAIRMAN ERRY OFF The Board noted the above elections for the record. JUNE 22, 2004 4 7.E. R2004-061-MBA ESOLUTION ISCELLANEOUS UDGET MENDMENT 015 ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously adopted Resolution 2004-061 amending the fiscal year 2003/2004 budget. 7.F. PCFSIG AUL OVERDELL ORENSIC CIENCE MPROVEMENT RANT A$15,508-S PPLICATION FOR HERIFF ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously authorized the Chairman to sign the application, as recommended in the letter of June 15, 2004. 7.G. RPII-FPA–C IVERWIND HASE INAL LAT PPROVAL ONTRACT FOR RI(SL) EQUIRED MPROVEMENTS TORMWATER AND ANDSCAPING JDCF,I. LORIDA NC ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously granted final plat approval for Riverwind Phase II authorizing the Chairman to execute the Contract for Construction and any security documents, and JUNE 22, 2004 5 accepting the security, as recommended in the memorandum of June 11, 2004. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.H. CBS-WO#4 OUNTYWIDE EACH URVEYING ORK RDER TO THE ASSCN.0390–M& NNUAL URVEYING ERVICES ONTRACT O ORGAN E,I.(BPP) KLUND NC EACH RESERVATION ROJECT ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously approved Work Order # 4 to the contract with Morgan & Eklund, Inc., as recommended in the memorandum of June 9, 2004. WORK ORDER NO. 4 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.I. HRCDB OUSING EHABILITATION OMMUNITY EVELOPMENT LOCK G(CDBG)–GA-JKA.C. RANT IFFORD REA AMES ING AND CBMC,CO#1 ANNON IDS TO EYERS ONSTRUCTION HANGE RDER #2DMRM AND FOR AVE AND ARY OBERTS TO EYERS C ONSTRUCTION JUNE 22, 2004 6 ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously th approved the following bids; James King (3990 47 Place) to Meyers Construction for the total amount of rd $44,186.00; A. C. Cannon (4516 33 Avenue) to Meyers Construction for the total amount of $43,396.00; Change Order #1 and #2 for Dave and rd Mary Roberts (4516 33 Avenue) to Meyers Construction for $3,943.00, as recommended in the memorandum of. June 14, 2004. 7.J. APV UTHORIZATION TO URCHASE EHICLES BASED ON CB,SC,FS’ OMPARATIVE IDS TATE ONTRACTS LORIDA HERIFFS A,TWQ-S SSOCIATION OR HREE RITTEN UOTES HERIFF ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously authorized staff during the remainder of this fiscal year to purchase vehicles from any licensed automotive dealer provided the prices are equal to or less than those found within the Florida Sheriff’s Association Vehicle Bid #03-11-0825 or the State of Florida Contract for Automobiles and Light Trucks #070-001-04-1, or the use of three written quotes utilizing the lowest quoted price if the prices can’t be lower than the State Contract or Florida Sheriff’s JUNE 22, 2004 7 Association Bid, as recommended in the memorandum of June 16, 2004. 7.K. CECP–A’C OUNTY MPLOYEES AFETERIA LAN LLSTATES ANCER IAIST NSURANCE AND CCIDENT NSURANCE WITH A HORT ERM DR–S125–IRS ISABILITY IDER ECTION NTERNAL EVENUE ERVICE C–BRG(BRG)-KO ODE ENEFITS ESOURCE ROUP EN RR ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously approved expanding the County’s existing voluntary benefit package to include Cancer Insurance and Accident Insurance with a Short-Term Disability Rider. 9.A.1. PUBLIC HEARING - ECHO LAKE –CONCEPTUAL PLANNED DEVELOPMENT SPECIAL EXCEPTION USE APPROVAL – SUNLAND DEVELOPMENT, INC. – KNIGHT, MCGUIRE & ASSOCIATES, INC. (Legislative) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Community Development Director Robert Keating used a PowerPoint presentation (copy on file) to display the Planned Development process for the South County Initiative. Echo Lake is one of seven development projects and is requesting a Special Exception Use approval to obtain waivers in lot size, lot width, and setbacks in return for dedication of an improved 10.2 acre JUNE 22, 2004 8 park site, greater perimeter setbacks and buffers, on–site recreation amenities, tree preservation st and on-site relocation, right-of-way dedication for 21 Street SW, right-of-way dedication and construction of a local north-south roadway, and stormwater treatment for the park site. Director Keating reviewed these items in detail. He recommended the Board grant Special Exception Use and Planned Development approval with all conditions itemized in the backup. There was a brief question and answer period by the Commissioners to Director Keating regarding clarification of some of the recommendations and dedications. The Chairman opened the public hearing and asked if anyone wished to be heard regarding this matter. th Richard Sneed, Attorney 1905 South 25 Street, Ft. Pierce, is a landowner in the vicinity of this project and he requested that anybody who is testifying be sworn in. He was trying to make a record for court purposes and posed several questions to Director Keating regarding traffic concurrency and water, sewer and stormwater runoff. Director Keating replied to Attorney Sneed’s questions that he could answer and that which he could not he referred to utilities. Chairman Ginn questioned if Attorney Sneed’s interrogation of staff was proper form since he was not addressing the Board. Attorney Collins explained that Mr. Sneed was trying to make a record to take before a court and he is entitled to cross-examine any witnesses that appear before the Board. The Clerk administered the oath to all those who intended to speak on this item. nd Shawn Smith , 2169 42 Court S.W, representing several neighbors spoke in favor of the Echo Lake project, but he was concerned for the safety of the children, the wildlife that live in the palm hammock that is being removed, townhomes bringing crime, and adding another park. JUNE 22, 2004 9 Brian Heady , Vero Beach, felt residents should be able to buy a home expecting the government not to come in and change the zoning in that community. He said it is important before they make changes to existing zones that they look at capacity. He was concerned with the impact to the lagoon from the stormwater runoff and the cost being carried by the existing taxpayers. He asked to see figures relating to water and sewer capacity and Chairman Ginn told him that she had that information in her office and that she would provide that to him after the meeting. Administrator Baird did have some figures regarding capacity but he did not have the information concerning usage. Attorney Collins explained the process for determining the need for expansion of water supply facilities. Commissioner Adams added that the process is mandated by the Comp Plan and the Comp Plan is mandated by the State. th Dian George, 1515 27 Avenue, questioned the purpose of having a Growth Task Force when staff waives already existing requirements. She used as an example for the Board the th situation at the end of 39 Avenue but she did not go into detail. She sniped, “with all the waivers, who gets the Porsché?” th Robert Johnson, 535 39 Court SW, spoke of the one-year requirement for PD plans to be resubmitted if construction has not begun and he stated he learned that requirement rd only pertains to rezoning. He wanted to hear what road improvements are planned west of 43 thth Avenue for 13 Street to 17 Street which allows traffic to bypass the Indian River Mall. He rd thought everyone knew that west of 43 Avenue was the FEMA flood plain and he wondered why no one showed concern for improving this area. He felt through the PD process the developers rd received waivers and he did not see the taxpayers who reside on 43 Avenue receiving any assistance. JUNE 22, 2004 10 John Williams , 1535 Smugglers Cove, said it was refreshing to hear Director Keating refer to the South County Initiative. He believes that the impact of traffic from all seven projects should be reviewed and approved as a whole rather than individually. He wanted to know if under home rule or charter government it is possible that a referendum by the people could say that concurrency has to be in place before approvals are given. Attorney Collins responded to his question saying that the State has rules in place but the County’s rules are more stringent than the State and charter government rules could be more stringent than the County’s. Mr. Williams thought the taxpayers are reaching a point where they do not trust the Commission in this County and that is another reason for charter government; so the citizens could control their own destiny. st Annette Karnatz , 4125 21 Street SW, had several technical questions regarding location of sidewalks, provisions for driveways, culverts, provisions for the sand hill cranes, and whether County water will be available. Director Keating explained procedures for those items impacted by the improvements. Scott McGuire , Knight, McGuire and Associates, 80 Royal Palm Pointe stated st there will be a water main constructed on 21 Street with appropriate fire hydrants and residents could apply to the County to be connected to the water main. He explained that the dedications and improvements for this project are more significant and costly than normally required, and therefore they are asking for relief in the zoning criteria. He cleared up a couple of questions regarding the right-of-way and the thoroughfare roads. He said he did not see traffic being a problem and asked that Recommendation 4.D be shifted to Phase II of the project. JUNE 22, 2004 11 rd Adriene Cuffe, 645 43 Avenue, wanted to answer Mr. Williams’ question and read parts of Florida Statute 163 and Rule 9J.5 regarding local Comp Plans. Ron Hyman, President of Sunland Development, Inc., 6823 Vista Parkway North, West Palm Beach, cleared up a technical issue addressing the whole concept of concurrency. He gave an explanation of the approval and permitting process and lectured on growth and population. He stated he was seeking some variances and not diversifying from 3 units per acre and he hoped the Board would give him some consideration. Richard Sneed Attorney posed several questions to Mr. Hyman regarding Sunland Development’s contractual agreement with the developer Lennar Homes. Mr. Hyman responded they do have a contractual agreement with the developer and said his company does intend to sell the project to the developer. Attorney Sneed asked whether the developer would be denied their property rights to build if they do not get their waivers. Mr. Hyman said the question was too speculative to answer. There was a discussion regarding letting Attorney Sneed proceed with his own agenda and Attorney Collins advised the Board to allow Attorney Sneed to continue with his line of questioning to avoid any legal ramifications. Attorney Sneed continued to pose questions to Mr. Hyman and Mr. Hyman responded accordingly. The Chairman asked if anyone else wished to be heard with regard to this matter. There being none, the Chairman closed the public hearing. JUNE 22, 2004 12 Discussion continued regarding the proposed roadways to be paved. Chairman Ginn said she could not support this issue unless she had some assurance that the roads are being paved. In response to Attorney Collins’ inquiry, Director Keating stated that staff has no problem with moving Recommendation 4.D. to Phase II of the project. ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Adams, by a 4-1 vote, Chairman Ginn opposed, the Board unanimously adopted staff’s recommendation as set forth in the memorandum of June 15, 2004 and as amended (moving Recommendation 4.D. to Phase II of the project). (CLERK’S NOTE: The Chairman called for a short recess at 10:48 a.m. and reconvened the meeting at 10:59 a.m. with all members present.) 9.A.2. PUBLIC HEARING - ORDINANCE 2004-018 – REZONE APPROXIMATELY 75.10 ACRES FROM A-1 TO RS-3 – EAST THTHTH OF 66 AVENUE BETWEEN 49 AND 45 STREETS - VERO BEACH DEVELOPMENT I, LLC (RZON 2004020225) (Quasi-Judicial) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Community Development Director Bob Keating showed a graphic of the location thth to be rezoned between 45 Street and 49 Street from A-1 to RS-3. The purpose of this rezoning is JUNE 22, 2004 13 to secure the zoning necessary to develop the land. The Planning & Zoning Commission and staff are recommending Board approval. The Chairman opened the public hearing asking if anyone wished to be heard regarding this matter. th Robert Johnson inquired about the expansion plans for 66 Avenue and Director Keating explained it is designated to be a four-lane arterial highway. Brian Heady , Vero Beach, posed the same questions that he had in the previous matter regarding the availability of water, sewer and the provisions for stormwater runoff. He wanted specific answers before the vote. Chairman Ginn read a short paragraph regarding the North County Reverse Osmosis Plant (copy in the backup) saying that there is sufficient capacity to accommodate additional demands generated by the proposed rezoning. She told Mr. Heady that they do look into all of these items and she asked him to be seated. The Chairman asked if anyone else wished to be heard regarding this matter. There being none, the Chairman closed the public hearing. ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously adopted Ordinance 2004-018 amending the zoning ordinance and the accompanying zoning map for th approximately 75.10 acres located east of 66 Avenue thth between 45 Street and 49 Street, from A-1, Agricultural District (up to 1 unit/5 acres), to RS-3, JUNE 22, 2004 14 Single Family Residential District (up to 3 units/acre); and providing codification, severability, and effective date. 9.A.3. PUBLIC HEARING – ORDINANCE 2004-019 – IMPLEMENTING ARTICLE V COURT COST SHIFTS BETWEEN THE STATE AND COUNTY (Legislative) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Assistant County Attorney Marian E. Fell stated this Ordinance repeals parts of the existing Chapter 305 of the County Code, updates the remaining parts of Chapter 305, imposes as allowed by Article V Legislation a new $65 court cost, imposes a new $15 surcharge, reimposes certain other costs to fund criminal justice education degree programs and training courses and allocates the previously imposed costs for crime prevention programs, effective July 1, 2004 which is the effective date of Article V Legislation. The Chairman opened the public hearing and asked if anyone wished to be heard regarding this matter. Robert Johnson’s In response toinquiry regarding the impact on the County by Article V, Administrator Baird replied that higher fees will have to be paid rather than increasing ad valorem taxes. Commissioner Macht pointed out the State has been required by Constitutional Law to support the court systems for many years but this law has never been enforced. Renee Renzi , 301 Waverly Place, inquired if this will address the problem the judges were concerned with regarding revenue shortages in the court systems. Attorney Collins replied that the bill last year eliminated fees funding local court programs, however, this year the Legislature recognized the shortfall and provided for certain filing fees to be used to fund court programs that the judges were complaining had been cut. JUNE 22, 2004 15 The Chairman asked if anyone else wished to be heard regarding this matter. There being none, the Chairman closed the public hearing. ON MOTION by Commissioner Adams, SECONDED by Commissioner Neuberger, the Board unanimously adopted Ordinance 2004-019 concerning court costs; providing findings; providing a title and citation; repealing Parts I (General), II (Family Mediation and Conciliation Services), IV (D.U.I. Impoundment and Immobilization Trust Fund), and V (Teen Court Trust Fund) of Chapter 305, Courts, of the Code of Indian River County; providing for limited continued funding of existing programs under Chapter 305; amending and restating the provisions of Parts III (Drug Abuse Trust Fund) and VI (Traffic Education Program Trust Fund) of Chapter 305; creating new parts of Chapter 305 providing for the imposition and the allocation of additional court costs in criminal cases pursuant to Florida Statutes Section 939.185; providing for the imposition and the allocation of a surcharge on non-criminal traffic infractions or violations, or criminal violations pursuant to Florida Statutes Section 318.18(13)(a); providing for the allocation of funds received from the court costs imposed on non-criminal traffic infractions or violations pursuant to Florida Statutes Section 318.18(11)(c); providing for the imposition and the allocation of additional court costs on non-criminal traffic infractions or JUNE 22, 2004 16 violations pursuant to Florida Statutes Section 318.18(11)(d); providing for the allocation of additional court costs imposed on criminal cases pursuant to Florida Statutes Section 775.083(2); providing for repeal of conflicting ordinances; providing for severability; providing for inclusion in the Code of Indian River County; providing for filing with the Department of State; and providing for an effective date. 9.A.4. PUBLIC HEARING – PROPOSED AMENDMENT TO CHAPTER 208 (REGARDING FIRE PROTECTION/FIRE PREVENTION) AND ADOPTING FEES (Legislative) Emergency Services Director John King said the proposed amendment to the County Code places emphasis on meeting the State mandate of uniform fire protection and fire prevention codes and is an effort to offset the cost of inspecting new construction of commercial, institutional and multi-family facilities. Dale Justice Fire Prevention Bureau Chief used a PowerPoint presentation (copy on file) to highlight the purpose of the Florida Fire Prevention Code and what it encompasses. Chairman Ginn asked to continue this item to have time to review the Fire Prevention Code. Commissioner Adams inquired whether Director King wanted to implement the st Ordinance by July 1. JUNE 22, 2004 17 Director King replied affirmatively. He explained the ordinance is aimed at placing certain restrictions on the sale of fireworks, and the resolution adopts the fees for plan review and code enforcement. Chief Justice In response to Chairman Ginn’s inquiry on fireworks gave a detailed explanation of the two categories; fireworks are those that explode into the air and sparklers are anything purchased off the shelf. The State mandates there will be no retail sales of fireworks for safety reasons and it has given Commissioners statewide the ability to regulate the sale of fireworks. There was a question and answer period regarding open burning and air curtain incinerators and Assistant County Attorney William DeBraal explained that the main changes referencing open burning are updates to the Florida Administrative citations that have been moved. The other change is that it is a violation to conduct open burning contrary to the limits of the permit issued. Discussion ensued regarding the fees and Administrator Baird pointed out that there is no way that the fees would cover 100% of the cost. They are hiring two additional employees and are looking to recoup some of the expense. Commissioner Lowther suggested that they look at raising the fees if they are not high enough to cover costs. Commissioner Adams thought the fees were realistic because fees will never be enough to cover salaries. Chairman Ginn had other concerns regarding firewall requirements in multi-family units. She wondered if there might be overlapping of responsibility between the building department and the fire department. JUNE 22, 2004 18 Administrator Baird assured her there is none. The Chairman opened the public hearing and asked if anyone wished to be heard regarding this matter. Frank Coffey, 1200 Admirals Walk, Chairman of the Emergency Services Advisory Committee said the Committee had a great deal of discussion regarding the need for additional staff and the Committee supported the proposal. C. N. Curry , Roseland, supported the issue but was concerned with several areas of the Ordinance particularly Chapter 208.10 (1), abatement of hazardous materials. He wanted the Board to do a comparison with Florida Department of Environmental Protection (FDEP) requirements because currently they are monitoring it. He felt provisions regulating quantity emission was necessary for some small businesses rather than overall regulation covering all situations. Chapter 208.10 (3) he felt was redundant and provided no specifics or limitations. He felt the sale of fireworks should be outside in a tent rather than enclosed in a building should any fireworks break loose. He questioned whether the fee of $50 was for each test or per property and Chief JusticeMr. Curry replied it is a fee per trip. stated he has been an advocate of user fees in many issues. In this case where fire prevention is a public issue, he felt it should be treated as an overall public expense. ON MOTION by Commissioner Adams, SECONDED by Chairman Ginn, the Board unanimously continued the public hearing to July 6, 2004. (CLERK’S NOTE: Item 13.C. was heard prior to Item 9.B.1., but is placed chronologically in the minutes for continuity purposes. At the conclusion of Item 13.C. Commissioner Adams left the meeting to attend the FACo Conference in Hollywood, Florida.) JUNE 22, 2004 19 9.B.1. PUBLIC DISCUSSION ITEM – BRIAN HEADY’S REQUEST TO DISCUSS HOW CURRENT AND PAST ACTIONS OF NEARBY COUNTIES ARE SIMILAR TO ACTIONS OF THE ELECTED BODY ALL OF WHICH RELATE TO THE QUALITY OF LIFE, THE TAX BURDEN, AND EXPENDITURES OF INDIAN RIVER COUNTY RESIDENTS Brian Heady , Vero Beach, referenced Article I, Section 5 of the Florida Constitution that addresses the right of citizens to instruct their representatives and the Sunshine Law that provides that meetings be noticed, open to the public and the public be allowed to attend and speak. Rather than spending a ton of money to make a five-lane highway in a residential area that the residents do not want, he asked the Board to have another meeting that will be properly noticed, that the public will have the opportunity to attend, and he asked them to listen to the rd public, do their public duty and represent the majority of the public with regards to the 43 Avenue widening. NO ACTION REQUIRED OR TAKEN. 9.B.2. PUBLIC DISCUSSION ITEM – FRANK L. ZORC’S REQUEST TO DISCUSS NEGATIVE RESPONSES TO COMMISSIONER TH LOWTHER’S JUNE 8 DISCUSSION ON “REQUIRING A REFERENDUM FOR PURCHASES EXCEEDING $15,000,000.” Deferred. JUNE 22, 2004 20 9.B.3. PUBLIC DISCUSSION ITEM – ADRIENE CUFFE’S REQUEST RD TO DISCUSS 43 AVENUE WIDENING PROJECT rdrd Adriene Cuffe, 695 43 Avenue, supported 3-laning 43 Avenue and said the rd direction given by the Board on May 17 appeared clear to her to redesign 43 Avenue to three lanes. She did not understand why staff needed clarification. She asked the Board to reconsider their motions from May 17 and June 1 again. She was sending a copy of her speech to the Vero Beach City Council, the Press Journal, Charles Gauthier, Florida Department of Community Affairs, and Richard Grosso, Director, Environmental and Land Use Law Clinic and Association, Nova Southeastern University (Copy was not furnished to the Clerk). NO ACTION TAKEN OR REQUIRED. 9.B.4 PUBLIC DISCUSSION ITEM - DR. ROBERT NICHOLAS’ REQUEST TO DISCUSS NON-PERFORMANCE OF DEVELOPER – CHASE MEADOWS, L.L.C. Commissioner Adams stated for the record that Steve and Barbara Case Staples, th 6555 35 Place, left the meeting before this item was heard but they wanted it to be known that they supported the Oak Chase Homeowners Association’s request to require the developer to follow through with its commitments. CONSENSUS was to grant Dr. Nicholas additional time to be heard beyond the 3-minute limit. Dr. Robert Nicholas, President of the Homeowners Association at Oak Chase PD, provided a booklet to the Board that included his PowerPoint presentation (copy on file). He presented 23 items of concern that covered stormwater management, quality issues, and unfinished commitments by the developer. He brought a piece of asphalt to demonstrate the reason behind some of the road problems, showing that it is too thin to meet County standards. JUNE 22, 2004 21 Dr. Nicholas hadpresented these issues to the Board before but only some of the problems have been corrected. Carter Associates, Inc.’s engineer, John Blum, has signed off on the project and the homeowners are seeking help from the Board. Commissioner Macht suggested implementing a provision whereby the Board may force the developer to follow through with their commitments. After holding joint meetings with the developer, Mr. Chase, and the engineers at Carter Associates, Inc., the developer agreed to clear up these problems but failed to follow through with his promises. Chairman Ginn wanted to know how the Board could influence the developer and she sought advice from Attorney Collins, who explained the Board has no leverage once the certification is signed off. He said there is a one-year warranty period for public dedicated improvements but not for private systems. Amending the LDRs to require a warranty for private systems is something the Board could look into. In this case he thought it might be a civil matter between the homeowners association and the developer. Dr. Nicholas said the Board needs to have control of the developer and suggested prior to site plan approval that there be mandatory requirements to ensure that the developer completes his commitments. Brian Heady, Vero Beach, thought the County should file a claim with the developer’s insurance. Dean Luethje, When asked to comment a principal with Carter Associates, Inc., said he was not prepared to make a formal presentation. He thought there were several circumstances that needed to be brought out but he needed time to look into the allegations. He did comment that several of the items have been repaired, several are maintenance problems, and several were not part of their contract. He agreed that there should be mandatory requirements for the developers. This was the first time he saw asphalt that thin and he had no explanation. He JUNE 22, 2004 22 supported John Blum describing him as a very good, conscientious engineer. He acknowledged that the homeowners are upset and realized that the reputation of Carter Associates, Inc. is at stake. Discussion ensued and it was mentioned that Chase Meadows, L.L.C. is developing other PDs in the County, however, the Board has no recourse in this situation. It was determined that Dr. Nicholas had contacted St. Johns River Water Management District (SJRWMD) and they are taking measures towards against the developer. Commissioner Macht thought they should be looking at the LDRs and the site plan review, not just for growth, but also for quality control. Administrator Baird thought they should provide a warranty bond for private streets in the future as Attorney Collins suggested. Dave Thompson , who currently is in the process of building a house at Oak Chase, questioned what mechanisms are in place for staff to enforce the terms of an agreement. Attorney Collins responded that if a subdivision is not completed, then the bonds are not released until they have done what they said they would do. In this case, because it is a private subdivision, an outside engineer signed off that the roads were done correctly. The problems appeared afterwards. Adriene Cuffe suggested that Dr. Nicholas check the Florida Statutes, Chapter 718, that controls condominiums as well as homeowners associations. She thought there might be a protection clause in the bylaws preventing Chase Meadows, L.L.C. from doing more development if it has not lived up to its stipulations. JUNE 22, 2004 23 Chairman Ginn gave the following directions: 1.Attorney Collins to look into Chapter 718 to see if the Board would have any influence of any kind in this situation. 2.Staff to contact St. Johns River Water Management District and follow up on their progress with the developer. There was CONSENSUS to bring this item back on July 20, 2004. 9.C.1. PUBLIC NOTICE ITEM SCHEDULED FOR PUBLIC HEARING ON JULY 6, 2004 9.C.1.H&FP,LLC:RR6.04A ROPERTIES EQUEST TO EZONE CRES LSQI OCATED AT THE OUTHWEST UADRANT OF THE NTERSECTION 73SU.S.1OCR,O,C, RD OF TREET AND FROM FFICE OMMERCIAL R,CL,LC,CK. ESIDENTIAL TO IMITED OMMERCIAL YNTHIA JT,O,BM,A(Q-J) OHNSON RUST WNER ILL ILLS GENT UASIUDICIAL 9.C.2 PUBLIC NOTICE ITEM SCHEDULED FOR PUBLIC HEARING ON JULY 20, 2004 9.C.2.WDS:R ATERFRONT EVELOPMENT OF EBASTIAN EQUEST TO RA1.98AL EZONE PPROXIMATELY CRES OCATED AT THE SQU.S.1S.SR OUTHWEST UADRANT OF AND THE T EBASTIAN IVER JUNE 22, 2004 24 CL,LCDOCR,O, FROM IMITED OMMERCIAL ISTRICT TO FFICE C,R,D–W OMMERCIAL ESIDENTIAL ISTRICT ATERFRONT DS,O;RB,A EVELOPMENT OF EBASTIAN WNER OGER IRT GENT (Q-J) UASIUDICIAL The Chairman read the notices into the record. 11.C.1. GENERAL SERVICES – ADMINISTRATIVE OFFICE RD FACILITIES AT 43 AVENUE – AMENDED AGREEMENT WITH DONADIO & ASSOCIATES, ARCHITECTS OF VERO BEACH ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Lowther, by a 4-0 vote, Commissioner Adams absent, the Board unanimously approved the amended agreement with Donadio & Associates, Architect of Vero Beach for the proposed additional County Administration rd Facilities at 43 Avenue, as recommended in the memorandum of June 15, 2004. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD JUNE 22, 2004 25 11. I.1. WESTFIELD SUBDIVISION DEVELOPER’S AGREEMENT - TH INTERSECTION WIDENING OF STATE ROAD 60 AND 58 AVENUE – RJP DEVELOPMENT COMPANY ON MOTION by Commissioner Neuberger, SECONDED by Commissioner Lowther, by a 4-0 vote, Commissioner Adams absent, the Board unanimously approved the developer’s agreement with RJP Development Company, as recommended in the memorandum dated June 15, 2004. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.I.2 EAST CR-510 AND NORTH A1A ROADWAY IMPROVEMENTS -PROFESSIONAL CIVIL ENGINEERING, GEOTECHNICAL ENGINEERING AND LAND SURVEYING SERVICES AGREEMENT – KIMLEY-HORN AND ASSOCIATES Chairman Ginn requested adding a right turn lane on Vera Cruz traveling south and a traffic light. Project Manager Terry Thompson said they could add it in and come back with an amendment. JUNE 22, 2004 26 ON MOTION by Commissioner Lowther, SECONDED by Commissioner Neuberger, by a 4-0 vote, Commissioner Adams absent, the Board approved the Professional Civil Engineering, Geotechnical Engineering and Land Surveying Services Agreement with Kimley-Horn & Associates, and authorized the Chairman to execute same, as recommended in the memorandum dated June 11, 2004 AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD (CLERK’S NOTE: Commissioner Macht temporarily left the meeting and was absent during Item 11.I.3.) 11.I.3. BID AWARD NO. 6080 MILLING, RESURFACING AND SHOULDER WIDENING OF CR-512 FROM SR-60 TO TH FELLSMERE FARMS AND OSLO ROAD FROM 20 TH AVENUE TO 27 AVENUE – E. J. BRENEMAN L.P. ON MOTION by Commissioner Lowther, SECONDED by Commissioner Neuberger, by a 3-0 vote, Commissioners Adams and Macht absent, the Board awarded Bid No. 6080 to E. J. Breneman L.P. for CR 512 and Oslo Road, in the amount of $1,326,909.00; approved Change Order No. 1 to reduce the cost to $1,285,161.00; authorizing the JUNE 22, 2004 27 Chairman to execute the contract document upon review and approval as to form by the County Attorney, as recommended in the memorandum of June 16, 2004. (Clerk’s Note: Commissioner Macht returned to the meeting.) 11.J.1. HAGER HIGHLANDS SUBDIVISION – PETITION WATER THTH SERVICE – 10 AVENUE, SOUTH OFF 4 STREET – PROJECT NO. UCP-2468 ON MOTION by Commissioner Lowther, SECONDED by Commissioner Neuberger, by a 4-0 vote, Commissioner Adams absent, the Board approved the above listed project and authorized the Utilities Department to proceed with the engineering design work and negotiate a contract for survey services, with one of the approved survey consultants, in preparation for the special assessment project, as recommended in the memorandum dated June 11, 2004. JUNE 22, 2004 28 12. COUNTY ATTORNEY – RESOLUTION 2004-062 – CALLING FOR BOND REFERENDUM ELECTION ON NOVEMBER 2, 2004 – LAND ACQUISITION ADVISORY COMMITTEE (LAAC) MOTION WAS MADE by Commissioner Macht, SECONDED by Commissioner Neuberger, to accept staff’s recommendation. Chairman Ginn announced that she has the questions, etc. from the Trust for Public Lands. Jim Granse, 36 Pine Arbor Lane, inquired what funds were involved and Chairman Ginn replied that there will be $12,000. Mr. Granse objected to $12,000 to sell the land bond issue and Chairman Ginn advised the funds were to educate the public, not to sell the referendum. Frank Coffey, 1200 Admirals Way, inquired further relative to the disbursement of the $12,000. He wanted to know who would be developing the facts and questioned how it would be coordinated with the activities. He referred to page 220, Section 12, Item 2. in the backup where it states: “the Board commits to revise the Environmental Lands Program Guide to provide criteria and guidelines for the acquisition of historic sites and/or agricultural land prior to the 2004 Referendum”. He wanted to know if that task would be assigned to LAAC. Environmental & Code Enforcement Chief Roland DeBlois explained the purpose of the $12,000 is for the development of a brochure through the Land Acquisition Advisory JUNE 22, 2004 29 Committee (LAAC) which will be brought before this Board before it is sent out. Guide revisions are a LAAC matter that are going through the Committee for recommendations to the Board. Back in 1992 two brochures came through the County. One was drafted by a subcommittee and then went to LAAC to make it informational. Frank Coffey continued, stating the brochure was mailed out covering what was developed at that time. Chairman Ginn thought the Board needed to send their recommendations to LAAC and not leave all the work up to them. The CHAIRMAN CALLED THE QUESTION and the motion carried 4-0, Commissioner Adams absent. (The Board unanimously adopted Resolution 2004-062 calling a Bond Referendum election for the issuance of general obligation bonds; providing the form of the ballot title and the bond referendum question; providing for places of voting, printing of ballots and bond referendum election procedure; providing for effect of referendum results; providing for a general description of the projects to be funded by the bonds issued pursuant to the bond referendum question; providing authorization for necessary action; providing for severability; and providing for an effective date.) JUNE 22, 2004 30 13.A.1. CHAIRMAN CAROLINE D. GINN – COMMITTED ROADWAYS – TRANSPORTATION ELEMENT OF THE COMP PLAN Chairman Ginn spoke of what she sees as a serious matter appears improvements budgeted in the Transportation Element of the Comp Plan for construction within 5 years are considered committed improvements: “For travel demand forecasting and transportation planning rd purposes, committed improvements are considered in place and existing.” Heading the list is 43 Avenue. Director Keating replied that it is not considered “in place and existing” for concurrency purposes. He read Policy 1.4, page 115 of the Transportation Element, explaining they do not consider a project in place for capacity purposes unless it is going to be under construction no more than 2 years. After the CO of the project it is a development order of condition. Commissioner Macht thought it seemed odd that they approved Echo Lake yet the permits are issued on a concurrency basis instead of a one-by-one basis. Attorney Collins explained this was the way the requirements were structured several years ago. Due to a lot of debate whether that was appropriate or not, a decision was made not to frontload all impact fees at one time. JUNE 22, 2004 31 Administrator Baird remembered in 1991 there was a bad economy and many developers were going under when the Board changed the way concurrency occurs. Chairman Ginn said she needed to look further at Policy 1.4. NO ACTION REQUIRED OR TAKEN 13.C. COMMISSIONER FRAN B. ADAMS – AUTHORIZATION FOR AN APPRAISAL ON LAND ADJACENT TO THE COURTHOUSE PARKING GARAGE (Clerk’s Note: See BCC meeting of June 8, 2004, Item 11.C.2, the Board agreed not to purchase this property.) Commissioner Adams voted affirmatively on this item at the previous meeting and wanted to take another look from an appraisal point of view. There was a discussion regarding whether the purchase of this property was considered for purchase in the past. Commissioner Macht said it was rejected several years ago when it was offered for $400,000 for the house and the lot by staff and the Public Safety Committee for two reasons: 1) insufficient funds, and 2) it would serve no purpose. ON MOTION by Commissioner Adams, SECONDED by Commissioner Lowther, by a 4-0 vote, Commissioner Adams absent, the Board unanimously directed General Services Director Tom Frame to order an appraisal on the property adjacent to the Courthouse Parking Garage for reconsideration. JUNE 22, 2004 32 (CLERK’S NOTE: Item 13.C. was heard prior to Item 9.B.1., but is placed chronologically in the minutes for continuity purposes. At the conclusion of Item 13.C. Commissioner Adams left the meeting to attend the FACo Conference in Hollywood, Florida.) ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 1:22 p.m. ATTEST: _________________________________ ________________________________ Jeffrey K. Barton, Clerk Caroline D. Ginn, Chairman Minutes Approved: _________________ BCC/MIS/2004Minutes JUNE 22, 2004 33