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HomeMy WebLinkAbout11282007cm ~ " 'B~I~"T1,~ _:.~11.~11~11 ~- HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, NOVEMBER 28, 2007 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY REINSPECTED /N THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council -time limit five minutes where public input allowed CALL TO ORDER 2. PLEDGE OF ALLEGIANCE LED BY MAYOR COY 3. MOMENT OF SILENCE 4. READING OF CIVILITY PLEDGE READ BY MAYOR COY We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. 5. ROLL CALL 6. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 7. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 07.194 A. Gloria Fennell, Ecumenical Council -Thank You to City for Placement of Food Pantry Box in City Hall 07.003 B. Presentation of Certificate -Employee of the Quarter, AI Frazier 07.195 C. Introduction of New Finance Director, Ken Killgore 8. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 1-13 A. Approval of Minutes - 11/14/07 Regular Meeting 07.149 B. Withdrawal of Ordinance No. 0-07-04 Building Height from Consideration in 15 Lieu of New Ordinance No. 0-07-15 Set Out Under New Business (City Attorney Transmittal) 9. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 10. PUBLIC HEARINGS -None 11. UNFINISHED BUSINESS -None 12. PUBLIC INPUT Public Input for each individual is five minutes, however, it can be extended or terminated by a majority vote of Council members present. 13. NEW BUSINESS 07.196 A. Request from Larry Watnick, Veterans Administration, for Placement of Interfaith in Action Memorial at Riverview Park Veterans Memorial Dedicated to Four Chaplains Who Went Down with the Dorchester in 1943 (no backup) 07.149 B. First Reading of Ordinance No. 0-07-15 -Deleting Conflicting Definitions of Building 17-20 Height -Set Public Hearing for 12/12/07 (City Attorney Transmittal, 0-07-15) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 54-5-22.2 DEFINITION OF TERMS TO DELETE THE DEFINITION OF "BUILDING HEIGHT"; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. 07.079 C. Resolution No. R-07-46 -Pursuing Measures to Become Green Local Government 21-36 (City Clerk Transmittal, R-07-46, FLC President Letter, Green Local Government Standard A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, TO PURSUE MEASURES TO BECOME A "GREEN LOCAL GOVERNMENT" THROUGH IMPROVED ENVIRONMENTAL PERFORMANCE, USING CRITERIA AND STANDARDS DEVELOPED BY THE FLORIDA GREEN BUILDING COALITION, AND ENCOURAGING THE LEGISLATURE AND GOVERNOR TO SUPPORT THE GREEN LOCAL GOVERNMENT PROGRAM, PROVIDING FOR EFFECTIVE DATE. 14. CITY ATTORNEY MATTERS 07.105 A. Direction Regarding Fellsmere Litigation If Needed (Backup To Be Provided Under Separate Cover) 2 15. CITY MANAGER MATTERS 16. CITY CLERK MATTERS 17. CITY COUNCIL MATTERS A. Mr. Wolff B. Mayor Coy C. Mr. Neglia D. Mr. Paternoster E. Ms. Simchick 18. ADJOURN (All meetings shall adjourn at 10:30 pm unless extended for up to one half hour by a majority vote of City Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. Regular City Council Meetings are Scheduled for Live Broadcast on Comcast Channei 25 ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Upcoming meetings: December 12, 2007 - 7:00 pm -Regular City Council Meeting January 9, 2008 - 7:00 pm -Regular City Council Meeting January 23, 2008 - 7:00 pm -Regular City Council Meeting February 13, 2008 - 7:00 pm -Regular City Council Meeting February 27, 2008 - 7:00 pm -Regular City Council Meeting March 12, 2008 - 7:00 pm -Regular City Council Meeting March 26, 2008 - 7:00 pm -Regular City Council Meeting April 9, 2008 - 7:00 pm -Regular City Council Meeting Apri123, 2008 - 7:00 pm -Regular City Council Meeting May 14, 2008 - 7:00 pm -Regular City Council Meeting May 28, 2008 - 7:00 pm -Regular City Council Meeting June 11, 2008 - 7:00 pm -Regular City Council Meeting June 25, 2008 - 7:00 pm -Regular City Council Meeting CfTY OF n S -~~„~ ~L HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, NOVEMBER 14, 2007 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Coy called the meeting to order at 7:00 p.m. 2. Council Member Wolff led the Pledge of Allegiance. 3. A moment of silence was held. 4. Council Member Wolff read the Civility Pledge. We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. 5. ROLL CALL City Council Present: Mayor Andrea Coy Vice-Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams MIS Systems Analyst, Barbara Brooke Airport Director, Joe Griffin Growth Management Director, Rebecca Grohall Building Director, Wayne Eseltine Police Chief, Jim Davis Public Works Director, Jerry Converse ,~ Regular City Council Meeting November 14, 2007 Page Two 6. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members ~'~;~~ The City Manager requested removal of item 12A -Resolution No. R-07-46 on behalf of Mayor Coy which he said would be brought back at another time. Voice Vote 5-0 to remove. 7. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 07.190 A. Proclamation -Sebastian Safe Boating Week -November 17-24, 2007 Mayor Coy read the Sebastian Safe Boating Week Proclamation and then turned the presentation over to Sebastian Inlet Sail and Power Squadron Commander Lynn Brown, Lieutenant Dave Werner, Past Rear Commander Frank Dougherty, and Staff Commander Nigel Hargreaves to Present Life Preservers to Police Chief Davis and Officer Tom Poore and Indian River County Sheriffs Office Captain Paul Fafeita and Sergeant Tony Consalo and then introduced Arden J. Greer Estate Trustee Nancy Greenwald. (see presentation script attached) The Power Squadron will be giving away life vests on Saturday, November 17, 2007 at the spoil island across from the Main Street ramp. Announcements Mayor Coy announced that the Salvation Army needs bell ringers at Wal-Mart from November 19th thru December 24th, 10 am to 8 pm and anyone interested can call Elaine McNeil at 473-5167. 8. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 1-10 A. Approval of Minutes - 10/24/07 Regular Meeting 07.040 B. Resolution No. R-07-42 - FY 2007 4th Quarter Budget Amendment (Finance 11-59 Transmittal, R-07-42, Memo, Capital Project Status Report, Schedule of Investments, 4th Quarter Accomplishments and Operating Statement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2006 AND ENDING SEPTEMBER 30, 2007 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 0 2 Regular City Council Meeting November 14, 2007 Page Three 07.191 C. Award Sunshine Land Design the Annual Quarter Round Installation Contract at 61-63 $15.95 per LF not to Exceed Annual Budgeted Amount of $818,444 (PW Transmittal, Bid Tabulation) 07.178 D. Waive Bid and Approve Purchase of 2006 JCB Model 3CX14XD Loader/ Excavator for Sebastian Municipal Airport from Pippin Tractor, Ft. Pierce in the Amount of $52,000 Based on FDOT Approval as Unique Item (Airport Director Transmittal, Four Quotes, FDOT Memo and E-Mail) 07.183 E. Street Closings for 12/1/07 Parade -Main Street from US 1 to River and Indian s5 River Drive from South of Jefferson to Riverview Park Only for Duration of Parade as it Progresses -Sebastian Boulevard from River to Just East of Hess for Duration of Event (City Clerk Transmittal) Mr. Neglia removed item C. Mr. Paternoster removed item D. MOTION by Ms. Simchick and SECOND by Mr. Paternoster to approve items A, B, and E. Roll call result as follows: Ayes: Neglia, Paternoster, Simchick, Wolff, Coy Nays: None Passed 5-0 Item C Mr. Neglia asked if this represented nine miles and whether the concrete contractor's cost would be an additional amount. The City Manager responded that the $800,000 does include concrete improvement which will make it almost nine miles of quarter round improvement. In response to Mr. Paternoster, the City Manager said the City would continue to maintain swales and ditches under a separate contract. MOTION by Mr. Neglia and SECOND by Mr. Wolff to approve item C -Award Sunshine Land Design the Annual Quarter Round Installation Contract at $15.95 per LF not to Exceed Annual Budgeted Amount of $818,444. Roll call result as follows: Ayes: Paternoster, Simchick, Wolff, Coy, Neglia Nays: None Passed 5-0 ~~/ Regular City Council Meeting November 14, 2007 Page Four Item D Mr. Paternoster said the warranty is two years rather than the one year that is stated in the agenda packet and asked the Airport Manager to address this for Council. The Airport Manager said he had not been able to obtain that information by press time but did provide it to Council after the fact. Mr. Paternoster commended him for his cost saving efforts with this equipment. MOTION by Mr. Paternoster and SECOND by Ms. Simchick to approve item D -Waive Bid and Approve Purchase of 2006 JCB Model 3CX14XD Loader/ Excavator for Sebastian Municipal Airport from Pippin Tractor, Ft. Pierce in the Amount of $52,000 Based on FDOT Approval as Unique Item. Roll call result as follows: Ayes: Simchick, Wolff, Coy, Neglia, Paternoster '~~' Nays: None ~;; Passed 5-0 ~ ~~ 9. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 07.012 A. Construction Board 67-73 (City Clerk Transmittal, Application, Ad, Board Member List) i. Interview Unless Waived, Submit Nominations for One Expired Regular Member, HARV Contractor Position to Expire 9/30/2010 Mr. Neglia and Mr. Paternoster nominated Mr. Delassandro and being no other applicants he was appointed to the HARV contract position to expire 9/30/2010. 07.004 B. Natural Resources Board 75-82 (City Clerk Transmittal, Application, Board Member List, Ad) i. Interview Unless Waived, Submit Nominations for One Unexpired Regular Member Position to Expire 7/1/2008 Harvey Wheeler said he thought he could help the City on this board and cited his extensive education and background for Council. Mr. Neglia and Mr. Paternoster nominated Mr. Wheeler and being the only applicant he was appointed to the unexpired regular member position to expire 7/1/2008. Mr. Neglia noted the committee application form still lists committees that have been repealed and the City Clerk said it would be corrected. n 4 Regular City Council Meeting November 14, 2007 Page Five 10. PUBLIC HEARINGS 07.182 A. Public Hearing and 2"d Reading of Ordinance No. 0-07-14 -Change `Occupational 83-92 License' to `Local Business Tax' (City Attorney Transmittal, 0-07-14) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 30 BUSINESSES ARTICLES II LICENSING TO REFLECT STATUTORY CHANGES; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. The City Attorney read the title and Mayor Coy opened the public hearing at 7:28 p.m. Louise Kautenberg, Sebastian, said she holds abroker/salesperson license and has to pay a higher fee than most people she works with in her real estate company. The City Attorney responded that he did seek an Attorney General Opinion on her situation in 1999 which ruled there is no applicable statute allowing an exemption for real estate agents operating under a broker. Mayor Coy closed the hearing at 7:33 p.m. Mr. Wolff said it is unfortunate that Ms. Kautenberg is being penalized for the license that she holds, and in his opinion, government is finally admitting this is a tax. The City Attorney said if the legislature allows a future equity study, the amount might be changed at that time. MOTION by Mr. Paternoster and SECOND by Ms. Simchick to adopt Ordinance No. 0- 07-14. Roll call result as follows: Ayes: Wolff, Coy, Neglia, Nays: None Passed 5-0 11. UNFINISHED BUSINESS Paternoster, Simchick ~ ~- ~~. L ~ ~. 07.179 A. 2008 Earth Day Location and Determination of City Responsibilities (City Clerk s3 Transmittal) Nancy Wood, Indian River Green Team, said the Vero group would love to have the City join them in sharing the Earth Day celebration. She asked if the City would like to donate use of its stage for the 2008 event. The City Manager said if Council blesses use of the stage in Vero he would make it happen. 5 / ~ J ~~ Regular City Council Meeting November 14, 2007 Page Six ~~: , . Mayor Coy pointed out the City would not charge for use of its park in Sebastian and expects the groups to hold the event in Sebastian in 2009. Mr. Neglia expressed concern about the stage being taken out of town. Ms. Wood said she would look at other options and just wanted to work together. MOTION by Ms. Simchick and SECOND by Mr. Paternoster to allow the City's stage to go down to Vero Beach with the City's Natural Resources Board in conjunction with the 2008 Earth Day celebration carried on a voice vote 5-0. 07.149 B. Construction Board Presentation -Recommendation on Board Responsibilities and 95-97 Meetings (Transmittal, Draft Minutes of 10/30/07 Meeting) The City Manager presented a power point presentation to synopsize the issues of the Construction Board (see attached). He recommended eliminating sponsorships at this time. Frank Garland, Construction Board Chair, addressed Council, said the committee has met and spoken with the Manager and Attorney and unanimously agreed with eliminating sponsorships, and recommended an increase from $500 to $5000 for unlicensed contractor fines. He said staff and the Board were looking at different ways of collecting the fines, that it will probably require hiring someone to catch unlicensed contractors and if we increase fines we may generate enough to pay for this person. He said the Building Official is doing a tremendous job, but it is a bad economy and the contractors in the area are stressed, looking for work and are saying we need to do something about unlicensed people. All members of Council agreed with eliminating sponsorships and increasing fines to regulate unlicensed contractors. In response to Mr. Paternoster, the City Attorney said there is a provision that you can take a citation to the Special Magistrate and he can impose a lien. The City Manager offered that the City's ordinance can be changed so that violations go to the Magistrate rather than County Court and the Magistrate could place liens on contractor assets. The City Attorney explained it would take a lot of work to find enough assets to recoup a $5,000.00 lien. It was the consensus of Council to bring back an ordinance to eliminate sponsorship on November 28, 2007 and agree to look at changing the fine for unlicensed contractors. Mayor Coy called recess at 8:15 p.m. and reconvened the meeting at 8:28 p.m. All members were present. C~ Regular City Council Meeting November 14, 2007 Page Seven 07.159 C. Council Short and Long Term Goals Recap from 10/17/07 Workshop and Set Goals 99-104 for Charter Officers (City Clerk Transmittal, Goals List from 10/24/07) Mr. Paternoster agreed with the short and long term goals established at the October workshop but added to the long term list future outlook for fresh water, and that construction at the Airport be built to green standards. He said he would like to sit down with the City Manager and Airport Manager to look at wind power at the Airport and then bring it back to Council. Mayor Coy added to her short term goals -continued efforts toward being a Tree City USA every year and budget for it. Council members agreed. Mr. Neglia added two items to long term goals -more mangroves along the river and look at incorporating hybrid cars to the City's fleet. Council members agreed. Mr. Paternoster said he had two individuals who could make a short presentation to Council on the vehicles. ~: Ms. Simchick also added green building in the City. ~~ ~~ Mayor Coy suggested calling these goals Energy Efficiency with subtitles. Ms. Simchick asked about a T1 line and Barbara Brooke responded that hopefully it will be in place and operating by the first of year. Ms. Simchick said that could be crossed off the list. Ms. Simchick asked how the comprehensive plan update is going and the City Manager said the RFP has gone out to bid and will probably come back to Council for contract at the first of the year. Ms. Simchick discussed the traffic prone area at U.S. 1 and Jackson Street, stating the MPO will have a presentation by FDOT at their meeting in December and perhaps one of the City Council members can attend to address improvements for this intersection. Ms. Simchick added to her long term list -historic preservation. All members agreed. Mr. Wolff said the first four goals can be combined under Economic Development. MOTION by Ms. Simchick and SECOND by Mr. Wolff to approve the list with additions carried on a voice vote of 5-0. 07.139 D. Proper Location for "Public Input" on Agendas (City Clerk Transmittal) 105 Mr. Wolff said he was concerned with people who had something to say during public input but do not get an opportunity due to lack of time, and suggested perhaps Council find some method to have their input carry over to the next meeting like asign-up sheet. ~~ Regular City Council Meeting November 14, 2007 Page Eight Mr. Neglia recommended staying with five minutes and leaving it where it is on the agenda. Mr. Paternoster said at the July retreat he thought public input should be moved up on the agenda to allow the public to speak, and it was Mr. Neglia who suggested waiting sixty days to readdress it. Mr. Paternoster suggested it be moved back to where it was originally now that there is a five minute time limit and have asign-up sheet in case Council does run out of time. Mayor Coy asked where it was and after brief research it was noted it came after Public Hearing and before Old Business. Ms. Simchick said she would like to see it after public hearing, but not if there is unfinished business because these are business meetings. Mr. Wolff suggested somewhere in the middle of the meeting. MOTION by Mr. Paternoster and SECOND by Ms. Simchick to move public input to follow Unfinished Business carried on a voice vote of 5-0. fi k~: ~~ 12. NEW BUSINESS ~" 07.079 A. Resolution No. R-07-46 -Pursuing Measures to Become Green Local Government 107-122 (City Clerk Transmittal. R-07-46. FLC President Letter, Green Local Government Standard A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, TO PURSUE MEASURES TO BECOME A "GREEN LOCAL GOVERNMENT" THROUGH IMPROVED ENVIRONMENTAL PERFORMANCE, USING CRITERIA AND STANDARDS DEVELOPED BY THE FLORIDA GREEN BUILDING COALITION, AND ENCOURAGING THE LEGISLATURE AND GOVERNOR TO SUPPORT THE GREEN LOCAL GOVERNMENT PROGRAM, PROVIDING FOR EFFECTIVE DATE. This item was removed during agenda modifications. 07.088 B. Florida Inland Navigation District Grant Agreement (Growth Management 123-156 Transmittal, Agreement) Mr. Paternoster asked if certain requirements such as the payment by reimbursement basis and showing that the City has the match upfront would hurt the City and the City Manager responded they were typical grant requirements. Mayor Coy congratulated Growth Management for obtaining this grant. In response to Mr. Neglia, the City Attorney said fees can be charged on an equal basis to everyone and the revenues can be used to maintain the improvement. MOTION by Mr. Neglia and SECOND by Ms. Simchick to approve the grant agreement with the Florida Inland Navigation District up to the amount of $487,532.00 for the Main Street Boat Ramp Trailer Parking Acquisition project. 8 Regular City Council Meeting November 14, 2007 Page Nine Roll call result as follows: Ayes: Coy, Neglia, Paternoster, Simchick Nays: Wolff Passed 4-1 .~ ~,_ ~~ 07.192 C. First Reading of Ordinance No. 0-07-04 -Height in Riverfront -Set Public Hearing 157- 163 for December 12, 2007 (City Attorney Transmittal, 0-07-04) AN ORDINANCE OF THE CITY SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 54-2-5.10(A)(2) SIZE AND DIMENSION CRITERIA; HEIGHT REGULATIONS AND EXCEPTIONS THERETO; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. The City Attorney read the title and gave a background on the riverfront height issue, noting the measurement from the crown of the road was taken out in 2000 due to the fact that it did not get transferred over to the permanent riverfront regulations and measurement was to be (if the flood plain was not involved) at the average grade of ten feet from exterior corners; and where the FEMA line is involved, the measurement should begin at the FEMA line. In 2006, there was one building over 25 feet where Planning and Zoning Commission (P & Z) requested more information and at the same time the Paradise Marina plan was under review so the determination was held in abeyance as to not influence the Paradise Marina project and now the measurement point should be determined. The P & Z Commission rejected consideration of the measurement point because there is a minimal number of affected lots. He said he has offered some alternatives including going back to road crown because it is more stable, however, due to the limited impact it may have it may not be worth making a change at all. Ruth Sullivan said the measurement from the crown of the road had always worked when it was in place, now for some of the sites there are three stories, with cupolas you can end up with four stories. Tom Collins, Capt'n Hirams, said it is impossible to build four stories of livable space. He asked how you can have a vista if you have 35 feet on the west side of Indian River Drive. He urged that Council take it to the FEMA line because you will restrict people to where the crown of the road is. Robert Nielson, property owner, concurred with Mr. Collins, urged approval of the FEMA line. He stated if he was restricted he would have to build wider which would restrict more of the visibility of the river. Louise Kautenberg, Sebastian, said Council needs to treat all people fairly and the only way to do so is with the FEMA line. gC Regular City Council Meeting November 14, 2007 Page Ten ,~ ~` :.:~~ ,..;:t Damien Gilliams, 1623 US 1, said he attended past P & Z meetings on this issue. He said there was no notice for tonight's meeting to property owners and this will take away private property rights, and urged this be left alone. Ms. Simchick said she was not in favor of this, noting the City Attorney said he was directed by prior Council to bring this forward, and we should see if there is a better way to protect the vista such as reviewing what has been built, determining what is city property, purchase property, apply for FRDAP grants to buy parks, approach owners for conservation easements, and outright buys. She said she would view this as a governmental take. Mr. Wolff said he could not figure out why this was before us tonight and asked what is the motivation for this tonight. The City Attorney explained it was requested by a prior Council but had to go through the P & Z process first. Mayor Coy agreed with the FEMA line, looking at transfer of development rights. Mr. Neglia asked what the difference between the FEMA line and the crown of road is. The City Attorney said the FEMA line is the base flood elevation, how high they think the water will reach once in 100 years on average, over eternity and it is mapped out along the riverfront. Mr. Neglia and Mr. Paternoster agreed with the FEMA line. The City Attorney suggested bringing the ordinance back amended, by changing provision 54.2-5.10 average construction grade "of all exterior corners" in the glossary to "measured out 10 feet from that corner" to prevent the house on the hill effect and eliminate the second reference in the glossary. MOTION by Mr. Wolff and SECOND by Mr. Paternoster to pass as amended by the City Attorney and bring it for public hearing on 12/12/07. Mayor Coy asked Mr. Gilliams to put his hand down. Roll call result as follows: Ayes: Neglia, Paternoster, Wolff, Coy Nays: Simchick Passed 4-1 ~~ io Regular City Council Meeting November 14, 2007 Page Eleven ~, !, 13. PUBLIC INPUT Public Input for each individual is five minutes, however, it can be extended or terminated by a majority vote of Council members present. Alma Miller, Dept. of Health, Easy Street, Sebastian, Indian River County Health Department, said HIV/Aids is epidemic in the State of Florida, there have been three teenagers who tested positive for aids in Indian River County and the Health Department's mission is to spread information to educate and test the public, noting they are looking for a better outlet in the north county area and asked for Sebastian's help in bringing this information to residents. Mayor Coy recommended she get with the City Clerk to place information on Channel 25. Ms. Miller said people can call John May 794-7477 for further information. Damien Gilliams, said Mayor Coy is inconsistent in allowing him to speak on agenda items stating he was not allowed to speak on Earth Day but then acknowledged for the next item. She responded and he cut her off. Mayor Coy said if he is going to ask questions, he should expect answers. She gave him a first warning and then a second warning. She said it was her decision not to recognize him during administrative business and that is her prerogative. She gave him a third warning and asked that he be removed. Mr. Gilliams was removed by Police Lieutenant Lockhart. Mr. Gilliams asked for a point of order. Mr. Gilliams yelled from the back of the room that she is Gestapo and she asked the Police Chief to hold him outside so she could speak to him. 14. CITY ATTORNEY MATTERS Reported on an unsafe structure on Indian River Drive; encouraged Council attendance at Special Magistrate hearings which is functioning very well; advised that points of order can only be raised by a member of the body; the Mayor has initial call on discretionary recognition and any member can appeal the rule of the chair; reported on a counter proposal received from Fellsmere on the annexation issue and received a consensus for an attorney-client session to discuss this matter at 6 p.m. on November 28, 2007. 15. CITY MANAGER MATTERS Reported on filling the Finance Director position with Ken Kilgore who will start on December 12, 2007 and be introduced at the November 28, 2007 Council meeting. 11 ~~ Regular City Council Meeting November 14, 2007 Page Twelve 16. CITY CLERK MATTERS None. 17. CITY COUNCIL MATTERS A. Ms. Simchick ~~, ~, ~-~w Ms. Simchick said she is happy about the historical museum and the grand opening is November 27, 2007 from 11 am to 2 pm. B. Mr. Wolff Mr. Wolff discussed receipt of letters from Ashbury property owners regarding the back gate. The City Manager said Growth Management is drafting a letter for him to send and they will have to fix their gate rather than use the chain that is there now because the code requires two entrances. Mr. Wolff said there are products available that could photograph offenders. Mayor Coy said she and Chief Davis and the Growth Management Director spoke to the Association Manager and he was told it was approved as a gated community and not a barricaded community. She said she offered to hold a town hall meeting to discuss the concerns of the community and offer some other solutions. C. Mavor Coy Mayor Coy apologized to the public for continued outbursts and thanked Council for a really great meeting. D. Mr. Neglia Mr. Neglia presented information on Elder Helpline (see attached); said at the beginning of the hurricane season he asked for volunteers to help put up shutters and Chris Hill and his staff of Sebastian Aluminum came forward to volunteer and he wanted to publicly thank him for his offer and would like a letter of recognition to him and his staff. E. Mr. Paternoster Mr. Paternoster requested that we take a few more seconds during our moment of silence and recommended 20 seconds. He said he had received several complaints relative to increased helicopter and flight activity at the Airport and he had asked Mr. Griffin to stay tonight to give us a synopsis of what is being done. 1 ~- 7 >, 2 ~~ "~` ~ `i Regular City Council Meeting November 14, 2007 Page Thirteen The Airport Director said there has been an increase in transient training operations, that he and the City Manager had a discussion with three of the training groups. He said the public should know he tries to find solutions that benefit the community, and has had assurances that they will do something about their operations. He said the Silver States helicopter folks have been very cooperative and he has seen a difference, but he has not seen a difference in Flight Safety which has increased. Ms. Simchick asked if this can be a future agenda item because it needs to be addressed. MOTION by Ms. Simchick and SECOND by Mr. Paternoster to extend the meeting. There was no objection from Council. Mr. Neglia discussed heavy plane traffic this past weekend. 18. Being no further business, the meeting adjourned at 10:30 p.m. Approved at the November 28`h, 2007 Regular City Council meeting. Andrea Coy, Mayor ATTEST: Sally A. Maio, MMC -City Clerk ., 13 i~ City of Sebastian, Florida O~f1C~ O~ T~I~ CITY ~TTOi~N~Y AGENDA TRA,~SMITTAL Agenda No. ~ ~~ '~ ~' l ~~ Subject: Withdrawal of Ordinance 0-07-04 Date Submitted: 11/20/07. For Agenda of: 11/28/07 SITIVIMARY: Following the decision of the City Council at its 11/24/07 meeting to maintain the current land development code provisions measuring building height, where applicable, from the minimum flood elevation line, it was discussed that the City still needed to resolve conflicting provisions in the code concerning this matter. Suggested amendments were made to Ordinance 0-07-04 at first reading, and public hearing was set for December 12, 2007. Initially, it was recommended that one element of the glossary definition be retained and grafted onto Section 54-2-5.10; specifically, the rule that construction grade be measured from a point ten feet from the corners. This rule, or some similar provision, is often utilized by governments to prevent homebuilders from creating the "house-on-the-hill" effect by sitting the structure on top of an elevated mound of fill. However; upon further discussions with staff, it was determined. that another code provision enacted in the 2000 prevents fill from being placed more than twelve inches above the minimum elevations set by regulatory agencies. Since that time, the ten foot rule has been detrimental to prompt review of building plans and has created an unnecessary expense for builders. For this reason, it is felt that the best course of action is to merely delete the definition from the glossary. To avoid confusion, it is requested that Council vote to formally withdraw Ordinance 0-07-04. A new ordinance has been submitted for first reading elsewhere on this agenda to delete the glossary defuution. RECOMMENDED ACTION: Formally withdraw Ordinance 0-07-04 from consideration. REVIEWED BY CITY CLERK: AUTI30RIZED PLACEMENT ON AGENDA BY CITY MANAGE 15, I(~ City of Sebastian, Florida 0~~1C~ 0~' T~I~ CITY ~TTO~tN£Y AGENDA TRANSMITTAL Agenda No. ©~ . ~ t-~~ Subject: Building height measurement; Date Submitted: 11/20/07 Ordinance 0-07-15 For Agenda of 11/28/07 StifMMARY: Following the decision of the City Council at its 11/24/07 meeting to maintain the current land development code provisions measuring building height, where applicable, from the minimum flood elevation line, it was discussed that the City still needed to resolve conflicting provisions in the code concerning this matter. The language of Code Section 54-2-5.10 is not compatible with the definition of "building height" contained in the land development code glossary (Section 54- 5-22.2). Initially, it was recommended that one element of the glossary definition be retained; specifically, the rule that. construction grade be measured from a point ten feet from the corners. This rule, or some similar provision, is often utilized by governments to prevent homebuilders from creating the "house-on-the-hill" effect by sitting the structure on top of an elevated mound of fill. However, upon further discussions with staff, it was determined that another code provision enacted in the year 2000 prevents fill from being placed more than twelve inches above the minimum elevations required by regulatory agencies. Since that time, the ten foot rule has in fact been detrimental to prompt review of building plans and has created an unnecessary expense for builders. For this reason, it is felt that the best course of action is to merely delete the definition from the glossary. To avoid confusion with the prior amendments considered as to measurement of building height, a new ordinance has been submitted for first reading. RECOMMENDED ACTION: i~ At Council's discretion, pass Ordinance 0-07-15 on first reading and set a public hearing for December 12, 2007. REVIEWED BY CITY CLERK: AUTHORIZED PLACEMENT ON AGENDA B~ CITY MANAGER: i~ ORDINANCE NO.O-07-15 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 54-5-22.2 DEFINITION OF TERMS TO DELETE THE DEFINITION OF "BUILDING HEIGHT"; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. WHEREAS, there is a conflict of terms within the Land Development Code on the method for measuring building height; and WHEREAS, the City Council has determined that the terms of Section 54-2-5.10(x)(2) provide the preferred methodology and is the more logical location within the Code for this provision; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That Section 54-5-22.2 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to delete the definition of "Building height" as follows: Sec. 54-5-22.2 Definition of Terms Section 2. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. iu, Section 3. are hereby repealed. Section 4. by the City Council. CONFLICT. All ordinances or parts of ordinances in conflict herewith EFFECTIVE DATE. This Ordinance shall take effect upon its adoption The foregoing Ordinance was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Andrea Coy Vice-mayor Sal Neglia Councilmember Al Paternoster Councilmember Dale Simchick Councilxnember Eugene Wolff The Mayor thereupon declared this Ordinance duly passed and adopted this 12~` day of December, 2007. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Andrea Coy Sally A. Maio, MMC City Clerk zo Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney arc a ~' _ `~ `sue ~. HOME OF PELICAN ISIAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Agenda No: d~ ~? ~ ~ ~ q Resolution No. R-07-46 -Pursuing Method to Become Green Local Department Origin: Ci Clerk G er ent City Attorney: Hager Date Submitted: 11/21/07 For Agenda of: 11 /28/07 Exhibits: SUMMARY STATEMENT Florida League of Cities has recommended adoption of a resolution committing to pursuing methods to become a Green Local Government through improved environmental performance, utilizing criteria and standards developed by the Florida Green Building Coalition. A draft resolution was provided by FLC as well as Green Local Government Standards. This item was requested to be placed on the 11/14/07 agenda by Mayor Coy, but removed during agenda modifications at her request and by a consensus of City Council Council Member Simchick has requested this item be placed on .the 11/28/07 agenda. RECOMMENDED ACTION Adopt R-07-46 at Council's discretion. ~~ z2 ~~ RESOLUTION NO. R-07-46 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, TO PURSUE MEASURES TO BECOME A "GREEN LOCAL GOVERNMENT" THROUGH IMPROVED ENVIRONMENTAL PERFORMANCE, USING CRITERIA .AND STANDARDS DEVELOPED BY THE FLORIDA GREEN .BUILDING COALITION, AND ENCOURAGING THE LEGISLATURE AND GOVERNOR TO SUPPORT THE GREEN LOCAL GOVERNMENT PROGRAM: WHEREAS, the City of Sebastian recognizes the importance of environmental stewardship in a variety of media, including energy, water, air, land and waste; and WHEREAS, successful environmental stewardship practices will enhance local and national energy security, protect natural resources for future generations, and result in long term cost savings; and WHEREAS, the Florida Green Building Coalition, Inc. is a Florida non-profit corporation with open membership whose primary mission is to develop and maintain Green Designation Standards for Florida and to promote cost-effective, sustainable improvements in the built environment; and WHEREAS, the Florida Green Building Coalition not only presents opportunities for a municipality to "be green", but also provides examples and resources covering how to do it; and WHEREAS, the Florida Green Building Coalition, Inc., has developed the "Green Local Government Standard," which disignates Green Cities and Green Counties for outstanding environmental stewardship; and WHEREAS, the Green Local Government Standard focuses on improving municipal environmental performance through measurable criteria for municipalities to pursue in order to .promote alternative energies and a cleaner environment; and WHEREAS, because the Green Local Government Standard was developed with the participation of cities and counties, it recognizes the diversity of Florida's municipalities and their need for flexibility and autonomy; and Z~, WHEREAS, municipalities who incorporate sufficient criteria such that they meet or exceed designated thresholds are "certified" or "registered" as a Green Local Government; and WHEREAS, a Green Local Government is defined as a city or county that incorporates multiple environmental, ecological and sustainability features throughout the functions they perform that improve environmental performance considerably over a city or a county that just minimally meets state and local regulations; and WHEREAS, the Green Local Government Standard is a useful reference even for those municipalities who do not choose to become "certified" or "registered", but who are trying to achieve a particular environmental goal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA: Section 1. That the City of Sebastian endorse the Florida Green Building Coalition's "Green Local Government Standard" as a voluntary means for municipalities to take positive steps toward improving and advancing environmental quality and energy security; Section 2. That the City of Sebastian will pursue steps towards becoming a Florida Green Local Government using the .Green Local Government Standard developed by the Florida Green Building Coalition; Section 3. That the City of Sebastian encourages the Florida Legislature and Governor Crist to support the Green Local Government program of the Florida Green Building Coalition, Inc., as means for Florida municipalities to use their home rule powers improve their environmental stewardship through participation in a program that is voluntary, fiscally defensible, and tailored to specific environmental goals of each municipality and its citizens. z Z'~ Section 4. This Resolution shall become effective immediately upon adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Andrea Coy Vice Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff The Mayor thereupon declared the Resolution dully passed and adopted this day of , 2007. CITY OF SEBASTIAN, FLORIDA By: Andrea Coy, Mayor ATTEST: Sally A. Maio, MMC City Clerk (SEAL) Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney 3 251 Z~ FLORIDA LEAGUE October 29, 2007 Dear Mayor: This year, my priority as President of the Florida League of Cities is to assist Florida's cities in becoming "Green Local Governments." It would be my .desire that all . 412 cities in Florida embrace this as a priority for their city. Accordingly, the Florida League of Cities' Board of Directors approved the attached resolution and requests your city's consideration of this resolution. The Florida League of Cities recognizes the importance of environmental stewardship and understands that successful environmental stewardship practices will enhance local and national energy security, protect natural resources for future generations, and result in long term cost savings. The Florida Green Building Coalition, Inc., is anon-profit corporation whose primary mission is to develop and maintain Green Designation Standards for Florida and to promote cost-effective, sustainable environmental improvements. The Coalition has developed the "Green Local Government Standard," which focuses on improving municipal environmental performance through measurable criteria in ode rot promote alternative energies and a cleaner environment. In short, the Coalition is a one-stop source of guidance, "how-to" steps and information. It can assist municipalities in developing a comprehensive:program for improving environmental stewardship and energy efficiency that is tailored to the individual municipality and which includes measurable criteria for evaluating progress. We encourage you to adopt the attached resolution, support the "Green Local Government Standard" and pursue steps toward becoming a Florida Green Local Government. Far further information, please contact Rebecca O'Hara at the Florida League of Cities at 1-800-342-8112 or the Florida Green Building Coalition, Inc. on the web at www.floridagreenbuilding ors Z`t President Frank Ortis, Mayor, Pembroke Pines First 1/ice President Carmine Priore, Counciimember, Wellington • Second Vice President John Marks, Mayor, Tallahassee Executive Director Michael Sittig • General Counsei Harry Morrison, Jr. 301 South 8ronough Street, Suite 300 • P.O. Box 1757 • Tallahassee, FL 32302-1757 (850) 222-9684 • Suncom 278-5331 • Fax (850) 222-3806 • Web site: www.flcities.com Florida Mayors October 29, 2007 Page Two Thanking you in advance for your consideration of and action regarding this request, I am Sincerely, Frank C. Ortis, President Mayor, City of Pembroke Pines Attachments -- Sample Resolution -- Information regarding Florida Green Building Coalition, Inc. RESOLUTION NO.2007- A RESOLUTION OF THE {city, town, village} OF MEASURES TO BECOME A "GREEN LOCAL TO PURSUE GOVERNMENT" THROUGH IMPROVED .ENVIRONMENTAL PERFORMANCE, USING CRITERIA AND STANDARDS DEVELOPED BY THE FLORIDA GREEN BUILDING COALITION, AND ENCOURAGING THE LEGISLATURE AND GOVERNOR TO SUPPORT THE GREEN LOCAL GOVERNMENT PROGRAM: Whereas, the {city, town, village} of recognizes the importance of environmental stewardship in a variety of media, including energy, water, air, land and waste; and Whereas, successful environmental stewardship practices will enhance local and national energy security, protect natural resources for future generations, and result in long term cost savings; and Whereas, the Florida Green Building Coalition, Inc., is a Florida non-profit corporation with open membership whose primary mission is to develop and maintain Green Designation Standards for Florida and to promote cost-effective, sustainable improvements in the built environment; and Whereas, the Florida Green Building Coalition not only presents opportunities for a municipality to "be green", but also provides examples and resources covering how to do it; and Whereas, the Florida Green Building Coalition, Inc., has developed the "Green Local Government Standard," which designates Green Cities and Green Counties for outstanding environmental stewardship; and Whereas, the Green Local Government Standard focuses on improving municipal environmental performance through measurable criteria for municipalities to pursue in order to promote alternative energies and a cleaner environment; and Whereas, because the Green Local Government Standard was developed with the participation of cities and counties, it recognizes the diversity of Florida's municipalities and their need for flexibility and autonomy; and Whereas, municipalities who incorporate sufficient criteria such that they meet or exceed designated thresholds are "certified" or "registered" as a Green Local Government; and Whereas, a Green Local Government is defined as a city or county that incorporates multiple environmental, ecological and sustainability features throughout the functions they perform that improve the environmental performance considerably over a city or a county that just minimally meets state and local regulations; and ~v) Whereas, the Green Local Government Standard is a useful reference even for those municipalities who do not choose to become "certified" or "registered", but who are trying to achieve a particular environmental goal. NOW THEREFORE, BE IT RESOLVED BY THE {city, town, village} OF Section 1. That the {city, town, village} of endorses the Florida Green Building Coalition's "Green Local Government Standard" as a voluntary means for municipalities to take positive steps toward improving and advancing environmental quality and energy security; Section 3. That the {city, town, village} of will pursue steps toward becoming a Florida Green Local Government using the Green Local Government Standard developed by the Florida Green Building Coalition; Section 4. That the {city, town, village} of encourages the Florida Legislature and Governor Crist to support the Green Local Government program of the Florida Green Building Coalition, Inc., as a means for Florida municipalities to use their home rule powers to improve their environmental stewardship through participation in a program that is voluntary, fiscally defensible, and tailored to the specific environmental goals of each municipality and its citizens. PASSED AND ADOPTED by the {city, town, village} of ,this Day of 20 30 Green Local Government Standard ~ Florida Green Building Coalition Page 1 of 6 Green Local Government Standard The Green Local Government Standard designates Green Cities and Green Counties for outstanding environmental stewardship. It is expected that certified green city and county governments will not only gain recognition and publicity, but also function in a more efficient manner though better internal communication, dollar savings, and effective risk and asset management. FGBC is actively working towards the availability of incentives that are based on compliance with this standard. This standard presents a comprehensive list of criteria, organized in terms of local govemment department functions. It focuses on improving their environmental performance through a number of mediums (energy, water, air, land, waste), and evaluates: . Environmental practices done "in-house." . Incentives and ordinances to foster green practices. . Educational activities to improve the environment. The Florida Green Local Government Standard is similar to other green standards currently in effect in Florida and many other states, yet very unique in its target: In essence, a list of criteria is presented, and each is assigned a point value. A minimum total point value is set that represents a bar, and local govemments who incorporate sufficient criteria such that they meet or exceed the bar are "certified" or "registered" as a Green Local Govemment. Typical components of green building programs have traditionally targeted individual buildings and land developments. One of the goals of the Local Govemment Standard is to increase the penetration of many types of green activities. The Florida Green Local Govemment Standard leverages many existing programs, and also presents new criteria. Existing programs that are leveraged include statewide programs such as Waterfronts Florida,.and Florida Main Street Designation, and national programs such as Tree City USA from the National Arbor Day Foundation. Examples of criteria that are not defined by an existing program include developing local government energy reduction plans, instituting an environmentally preferable purchasing program, utilizing green fleet management, and working with water utilities to promote conservation. Background The Florida Green Local Government Standard was created by the Florida Solar Energy Center (FSEC), working under a contract from the U.S. Department of Energy and the Florida Energy Office. A number of organizations and agencies served as subcontractors or contributed, including: . The Florida Green Building Coalition, Inc. FGBC will maintain the standard over time and award all designations. . The Miami Dade Department of Environmental Resources Management put together educational modules on fleet management and on landscape maintenance to assist `~ local governments with the process. http://www.floridagreenbuilding.org/db/?q=node/5751 10/23/2007 Green Local Government Standard ~ Florida Green Building Coalition Page 2 of 6 Sarasota ,Alachua and Miami-Dade counties and the City of Gainesville helped with creation and review of the standard. . City of Orlando representatives also participated in development of the standard. It is envisioned that successful local govemments will create and enforce landscape codes that help preserve natural Florida ecosystems, conserve water, create pedestrian-friendly environments, and follow green policies throughout their own organization in everything from ball field maintenance to in-house recycling. The standard is presented in such a way that it is much more than just aerogram - it is a powerful tool. The guiding documents of the standard are designed to act as educational material for a wide audience of readers. Here, the documents not only present opportunities for a local govemment to "be green", but also provide examples and resources covering how to do it. In many cases, based on current application of criteria in pilot Florida cities and counties, as well as other US local govemments, quantifiable results can also be presented such as dollar savings, tons of CO 2 reduction, pounds of waste diverted ftom landfill, etc. With such a broad scope and the uniqueness of tying in many suggestions, resources, existing programs to leverage, etc. into one comprehensive standard, a "one stop shop" of information is created so to speak. In this case, the standard is an excellent reference for Florida local govemments to refer to when trying to accomplish environmental goals - whether ftom aregulatory, arisk /asset management, an economic development, or a cost reduction standpoint. The standard is meant to be a useful reference even for those local govemments who have no interest in becoming certified, but are trying to accomplish a singular goal, rather than the big "green" picture. For those that do wish to become certified, there are flexible paths to qualification so that cities and counties can tailor qualification to meet their goals, while still maintaining the well-rounded profile that has come to define "green". Flexibility is also important, for no two local govemments look alike, nor do they all. perform the same functions. Part of what started the development of the Florida Green Local Govemment Standard was a desire of the Florida Energy Office and the US Department of Energy to achieve "Energy and Environmental Integration" within govemment. A solicitation was announced, and The Florida Solar Energy Center (part of the University of Central Florida ), the Florida Green Building Coalition, and Miami/Dade Department of Environmental Management (DERM) teamed together on a winning proposal. The original request for proposal indicated that while energy and environmental elements are tightly linked in natural and economic systems, federal, state, and local govemments have traditionally approached these two issues by segmenting them into separate organizations in a way that obscures their connections. One goal of the Florida Green Local Govemment Standard is to bring together entities with common objectives and overlapping interests to develop integrated energy/environmental solutions to statewide as well as local issues. Such integrated energy/environmental strategies offer.new opportunities for increased energy efficiency, multi-pollutant prevention, and environmental improvements as well as greater operational efficiency, increased customer service, and expanded public acceptance. These goals can be well accomplished by incorporating the actions of green building into the framework of local govemments, ~~ http://www.floridagreenbuilding.org/db/?q=node/5751 10/23/2007 Green Local Government Standard ~ Florida Green Building Coalition through the process of striving to meet a green building standard. Part of the process for determining qualification with the standard is to look across all local government departments to determine what is currently being done, what the needs/desires are, and what remains to be done in order to qualify. This process inherently requires extensive communication between departments, eventually identifying areas of potential cooperation to better achieve common goals. Another aspect is that as local govemments team more about how being green can help them accomplish their goals, they will see the benefit of encouraging the private sector to apply the same principles through the creation of green homes, green commercial buildings, and green land developments. There are already standards in effect for these sectors in Florida ,and green local govemments can increase the penetration of green buildings and land developments through various incentives. The City of Gainesville recently passed an ordinance giving a $300 discount on building permits for certified green projects, as well as free fast track permitting (a $350 value). They are also actively promoting and publicizing such projects. Green building is not just good for the property owner or those living on the property, it is good for the whole community. Developing a standard, rather than a comprehensive guidebook is important for a number of reasons. Creating a standard and setting a bar gives local governments a meaningful goal to aim towards. The bar is designed to be a realistic one (based on pilot city/county involvement), and gives local champions of the effort something to point towards in order to keep things on track. It may provide enough driving force to push a local govemment who would have only achieved 50% of the bar with a simple guidebook achieve 100% of the bar such that they can become certified. The certification will allow a local govemment to publicize their efforts in order to gain the recognition they deserve from the local community as well as the state. Other stakeholders will also be taking part in publicizing the existence of the standard, as well as the efforts of certified cities and counties. It is.also envisioned that the standard will act as an excellent metric on which to base eventual statewide incentives to cities and counties who become certified. It could also be used in the regulatory arena, where anon-compliant local government could be given the option of achieving the certification, as opposed to other regulatory actions that may be taken against them. Steps to Becoming a Florida Green Local Government 1. Learn about the Florida Green Local Government Standard. Contact the Florida Green Building Coalition, Inc. (FGBC) who operates and maintains the standard. An individual will be available fo introduce you to the process or call 321-638-1450 2. Designate an office, department, or individual as Project Coordinator. The Project Coordinator will be the main link between the local govemment and FGBC. A protect evaluator will be assigned to yourteam by FGBC. 3. Determine what criteria apply to the local government. Page 3 of 6 3~ http://www.floridagreenbuilding.org/db/?q~ode/5751 10/23/2007 Green Local Government Standard ~ Florida Green Building Coalition Since the standard's criteria are organized in terms of generic local govemment functions, the coordinator will perform an exercise to determine what criteria will apply to the local govemment. For example, if there is no public electric utility, certain criteria wiN not apply. The exercise will enable the Project Coordinator to determine the Maximum Applicable Points Total . The Project Coordinator will also determine which department is likely fo perform each function, in order to distribute criteria effectively. 4. Conduct a local government assessment review in cooperation with departments. After criteria has been distributed to appropriate departments, individual departments review the criteria and indicate what has been done or is planned for implementation, and also indicate what is likely to be considered in the interest of achieving the standard, and for the benefit of the local govemment. 5. Conduct a local government evaluation. The Project CooMinator collects all departmental information, and determines where the local govemment currently falls in reference to the suggested levels of compliance. The Project Coordinator then prepares a summary report that is sent to all applicable local govemment departments. 6. Schedule implementation meeting fo outline path towards qualification. The coordinator then assembles a meeting of departmental representatives to discuss the status in reference to the standard. An interactive process.then begins whereby areas of cooperation are explored, potential sustainable and green improvements are identified, and a plan is outlined with the intent of brining the city/county towaMs compliance with the standard. Designation Levels are awarded based on achieving percentages of the Maximum Applicable Points Total. 7. Submit application and all necessary documentation to FGBC, Inc. for evaluation. At which time.the local govemment believes they have met the minimum requirements of the standard, a submittal is provided fo FGBC with necessary documentation such that the efforts can be reviewed, and the designation awarded. Cost to apply: Population 1 < 20,000 $1,500 Population 20,000 -100,000 $3,000 Population > 100,000 $4,500 Application Tool An Excel spreadsheet helps a local coordinator apply the FGBC criteria to local govemment departments, assign repsonsibilities and determine which criteria are applicable to teh local ~~ Page 4 of 6 http://www.floridagreenbuilding.org/db/?q=node/5751 10/23/2007 Green Local Government Standard ~ Florida Green Building Coalition Page 5 of 6 government body. This tool allows the local coordinator to filter on key criteria for reporting progress, and serves as an electronic application form. Tool and Application Instructions (included on spreadsheet) 1. To start the process enter names of Local Government Departments in the designated spreadsheet rows. 2. Worksheets allow you to determine which criteria apply to your city/county, and help you to track progress as criteria are implemented. Tools are provided for you to flag criteria according to appropriate department and staff member. Point totals are tallied for each government function. 3. The "Filter Tool" contains all criteria, and allows criteria to be organized according to a number of variables. Point totals are tallied for the entire program. 4. A complete application package will include an electronic copy of the completed tool or hard copy of all "sheets" except the "filter tool", all required documentation, and the required application fee. Green Local Government Documents Cover and Introduction Cover, acknowledgements, overview, processing 3.5MB - steps, table of contents . Standard Administration of standard 170kb ~~ Reference Guide Details of how to earn credit and designation 3.7MB Fleet Management Module Guide to Fleet,Management for Local Govemments 3.6M6 Landscape Maintenance Guide to Landscape Maintenance for Local 3.5MB Module Govemments Ability to enter local government departments, Application Tool assign responsibilities and determine applicable 1.7M6 items as well as designation points earned Modification Form (Word) Suggested modifications for next revision 4.7MB Modification Form (pdf) Total ~ Cover, introduction, standard, modification form and 7 2M6 reference guide. . Modification Process . Suggested revisions shall be submitted to the Florida Green Building Coalition, Inc. using a form available at the FloridaGreenBuilding.org web site. . Applications shall be compiled and circulated to the Florida Green Building Coalition Green Local Government Committee, past applicants, and project evaluators for comments. The comment period shall be at least thirty days. . Following the public comment period, each application and its public comments shall ,~ ~~ http://www.floridagreenbuilding.org/db/?q=node/5751 10/23/2007 Green Local Government Standard ~ Florida Green Building Coalition be reviewed by the Florida Green Building Coalition Green Local Government Committee, which will make written consensus recommendations to the Board of Directors for suggested revisions to the standard along with the original applications. . The Board of Directors of the Florida Green Building Coalition, Inc. shall adopt, adopt with modification, or reject each application for change. Revision Cycle for the Green Local Government Designation Standard: . Periodic review. At least triennially, the provisions set forth in these Green Local Page 6 of 6 Govemment Designation Standards shall be reviewed by the Standards Committee of the Florida Green Building Coalition, Inc. in collaboration with other stakeholders. At a minimum, this review shall include consideration and evaluation of changes in the law, technological innovations, and comments and requests received from interested parties. . All applications for revision shall be disposed of on an annual cycle such that applications received prior to the last working day of June 15 are included in the application review cycle that concludes no later than Septemberl5. . The Board shall approve any changes to the standard by the last day of October in any year in which it is to be revised. . Any new standard shall be in placed on the web site (along with the current standard) no later than November 15. . The effective date of any new Green Local Govemment Designation Standards shall be January 1. Only those proposals to change these Green Local Govemment Designation Standards that are received on or prior to June 15 shall be considered for the revisions to these Green Local Govemment Designation Standards that may become effective on January 1 of the following year. The reference guide and module text, graphics and examples maybe updated at anytime by FGBC; so long as they are of a clarifying nafure. 3(a http://www.floridagreenbuilding.org/db/?q=node/5751 10/23/2007