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Home My WebLink About01112012 Minutes�a 1►1""� HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JANUARY 11, 2012 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Hill called the regular meeting to order at 6:30 p.m. 2. Moment of silence. 3. The Pledge of Allegiance was led by Council Member Coy. 4. ROLL CALL Citv Council Present: Mayor Jim Hill Vice-Mayor pon Wright Council Member Andrea Coy Council Member Richard H. Gillmor Council Member Bob McPartlan Staff Present: City Manager, AI Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Finance Director, Ken Killgore Golf Course Director, Greg Gardner Police Chief, Michelle Morris Deputy Police Chief, Greg Witt MIS Senior Systems Analyst, Barbara Brooke-Reese 5. AGENDA MODIFICATIONS Modifications and additions require unanimous voted of Ciry Council Members None. 6. 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. 12.001 A. Douq Coward — Interim Executive Director of Solar and Enerqv Loan Fund — Clean Energy Proaram �brochurel Mr. Coward gave a Power Point presentation (see attached), and distributed additional materials (see attached) on the Solar and Energy Loan Fund which emphasizes energy efficiency and enhances consumer access to financing and expertise by providing low interest loans to individuals to make homes and businesses more energy efficient. Regular City Council Meeting January 11, 2012 Page Two He described the successful program currently in place in St. Lucie County, noting they were one of twenty counties nationwide to receive a grant for the program, and said municipalities in the Treasure Coast including Sebastian are being considered for the program. He cited the website www.cififund.com for further information. In response to Vice Mayor Wright as to what Sebastian could do to assist, Mr. Coward said though approval for Sebastian has not been decided yet, he would like to go back to the partners and let them know the City is interested, and said the City could offer in-kind support by getting the message out to the community, noting Port St. Lucie Mayor Faiella's forty minute video describing the program for her community. He thanked the Treasure Coast Regional Planning Council and its Director Michael Busha for an offer of $60K for a loan officer to work in the community. It was the consensus of Council for Mayor Hill to write a letter of support to Agriculture Commissioner Adam Putnam and the SELF Board of Directors. Vice Mayor Wright asked Mr. Coward to keep the City advised of their status. �2.002 B. Certificate of Appreciation to Brad White and Albert Alvarez, Citizen Budqet Review Advisorv Board Service Neither was in attendance and Mayor Hill thanked them for their service. C. Brief Announcements Mr. Gillmor announced the Sebastian River Art Center will host Highwayman artist, Ray McClendon on Friday, January 13, 2012 from 5 pm to 8 pm. Vice Mayor Wright announced the Chamber Concert in Riverview Park on Friday, January 13, 2012 from 5:30 pm to 8 pm with Atlantic Bluegrass Band, and the Sebastian Fine Art and Music Festival on January 21 and 22, 2012 from 10 am to 5 pm in the Riverview area. 7. CONSENT AGENDA A!1 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. lf 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. A. Approval of Minutes — December 14, 2011 Regular Meeting �2.00s B. Prior Authorization for Council Member McPartlan to Attend Institute for Elected Municipal Officials in Gainesville — January 20-22, 2012 (travel starts 1/19/12) (City Clerk Transmittal, Conference Information) 1 f.154 C. Resolution No. R-12-01 - Amended Council Meetinq Procedures (City Clerk Transmittal, R-12-01) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-09-45; ESTABLISHING THE DATES AND TIMES FOR CITY COUNCIL MEETINGS AND WORKSHOPS; ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR PROCEDURES FOR AGENDA PREPARATION, AGENDA FORMAT, AGENDA MODIFICATIONS, PUBLIC INPUT, PUBLIC HEARINGS, AND VERBATIM TRANSCRIPTS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 2 Regular City Council Meeting January 11, 2012 Page Three MOTION by Mr. Gillmor and SECOND by Mr. Wright to approve consent agenda items A-C. Result of the roll call vote: AYES: All NAYS: None Passed 5-0. 8. 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. Vice Mayor Wright reported on a meeting with local Mayors' Coastal Structures Subcommittee this past Monday to discuss alternative methods of controlling beach erosion, and motion was made to fund a study for other solutions which will be coming up again at the regular Beach and Shores meeting which Mayor Hill will attend. Ms. Coy thanked them both for their involvement in this issue. 9. PUBLIC HEARING - None 10. UNFINISHED BUSINESS 11.152 A. Golf Course Rates — Survey Results — Financial Analysis (Citv Manaqer Transmittal, Analysis, Proposed Resolution, R-05-25) The City Manager said staff had conducted a survey at the Golf Course and prepared a financial analysis of revenues and fees, noting the last few year's revenues have been at their lowest point, they had lowered management fees by budget reductions for this past year, and as debt is retired he hoped that cash flow would increase. He identified three major capital items that will be needed in the near future: turf resurfacing, tee box improvements, and the irrigation system. He said the irrigation pump had been replaced in 2009 and would probably be good for another 15 to 20 years, but the pipes and sprinkler heads will need an upgrade, noting we currently spend 1% of revenues on maintenance. He said staff had provided and are recommending that Council adopt a new rate resolution as set out in the agenda packet, which will implement a small rate increase at 5% which is $50,000 for this season. He said they want to sit down with the Golf Course maintenance company which may be able to implement some of the improvements in coordination with an extension of their contract. Mayor Hill said he appreciated the work put into this, agreed there have been lower revenues, and concurred with the recommendation to create a revenue stream for future improvements. He said Greg Gardner and the maintenance company are doing a great job and he was happy to see long range planning. Mr. Gillmor thanked staff for the work entailed, said this promotes a range so staff will not have to come to Council if the rate needs to be bumped up down the road, noted the Golf Course is world class and to maintain it will take some work. Ms. Coy agreed. 3 Regular City Council Meeting January 11, 2012 Page Four Vice Mayor Wright seconded their opinions, and asked how we will account for the extra revenues and set them aside for the Golf Course. The City Manager said he will work with the Finance Director to segregate the additional revenues. Mr. McPartlan asked what savings are anticipated with a new irrigation system. The City Manager said it was unknown, and explained best and worst scenarios ($9K to $22K) maintenance costs, compared to $90K debt on a new system, for which, he stated there would still be maintenance costs of approximately $5K. Mayor Hill agreed even with a new system it would be fool hardy not to budget for repair, because there would still be monthly maintenance but a new system purchased now would create new debt. It was the consensus of Council for staff to come back with the rate resolution on January 25, 2012. ��.002 B. Presidential Streets — Final Desiqn Approval (Citv Manaqer Transmittal, Profiles, PP Presentation) The City Manager reported that at the public workshop on January 4, 2012 there were six members of the public present, one concerned with increased traffic on Cleveland Street due to the planned additional parking. He said Frank Watanabe was present to present the draft design and he sought Council's approval to move forward to bid on the project. Frank Watanabe, Neel-Schaffer, addressed Council, noting there were good comments from the public on keeping Cleveland more residential and walkable, and to eliminate angled parking in front of a residence on the south side, and due to concerns and a recent survey with location of two driveways he had now redesigned to put the angled parking on the north side of Cleveland. In response to Ms. Coy, Mr. Watanabe reiterated the Cleveland Street angled parking is now on the north side. Vice Mayor Wright asked if it would make sense to put some parallel parking back on the south side, and Mr. Watanabe said it is best to avoid angled and parallel on the same street. Ms. Coy said she wanted to be sure we had addressed Maria Jovanovich's concern. Ms. Jovanovich came to the podium and said it seemed much better, but then noted that the Indian River Drive drainage system will impact a tree planted by Paul Stephenson. Mr. Watanabe said the drainage system will miss the tree but it can be rerouted if Council wishes, and then Ms. Jovanovich asked why a street light would be considered near the tree if there is one across the street, and Mr. Watanabe said they are pedestrian lights and can be moved away from the tree. MOTION by Mr. Gillmor and SECOND by Mr. Wright to approve as stated, however it was determined that consensus to proceed to bid was all that was needed. There was no objection. � Regular City Council Meeting January 11, 2012 Page Five 11. PUBLIC INPUT Larry Wapnick, President of the Four Chaplains Committee, also representing North County Veterans' Advisory Coalition, which is composed of local military organizations formed as a result of the monument, said challenges are being made and a lot of people are having issues in regard to the monument and the proposed walkway, that he had met with the City Manager discussing sale of victory bricks and where the money would go, and though it would be wonderful if it went to embellishments for the park or veterans, it would be a good idea if the coalition would oversee the funds for the City, they could interview needy veterans, and then go to the City with an application and recommendation, come up with plans for the area, such as are we going to allow weddings or educate children. Ms. Coy said his input was unexpected and he brought a lot and she was expecting a funding discussion, that the deadline for the Four Chaplains Memorial is almost here, but the Art festival will be coming and this is the first time Council has heard of this new group, and she would not throw a blanket endorsement to a group with no plans in front of her. She advised him to come back with a plan for Council to review. Mr. Wapnick said he is meeting with Joe Schulke tomorrow, that as the coalition met people began to have questions. Mayor Hill suggested he get with the City Manager, go over the issues and agendize the matter. Dave Walton, Sebastian, said there needs to be a blueprint on the monument walkway project, that they are on a tight deadline of February 14th, that he had spoken to the City Manager about use of CRA funds that won't have to be paid back. The City Manager said he would address this under his matters. Mayor Hill said Council fully supports the installation of the monument and the walkway. Jim Sunnycalb said he was in the Christmas parade with the Dog Park and someone was told to take a campaign sign down but there was a hearse in the parade and he did not understand that. Mayor Hill said he would ask the Parade Committee. 12. NEW BUSINESS �2.00a A. Resolution No. R-12-02 - 4th Quarter FY2011 Budqet Amendment (Finance Transmittal, R-12-02, Comparison, Reports, Schedule, Accomplishments) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010 AND ENDING SEPTEMBER 30, 2011 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The Finance Director said the budget amendment consists of adjusted funds, that it was reviewed by the Budget Advisory Board who were pleased City departments did not exceed their budgets, noting the budget came in at 99.5% overall. He said most projects have been completed, there is $6M invested in US Treasuries which will mature within a year, that performance reports for each department are included and staff is working with the auditors and moving on toward the next budget. Mayor Hill said it was nice to see the budget come in this way. Regular City Council Meeting January 11, 2012 Page Six MOTION by Mr. Wright and SECOND by Ms. Coy to approve Resolution No. R-12-02. Result of the roll call vote: AYES: All NAYS: None Passed 5-0. �2.005 B. Request for Reduction in Lien (PD-Code Enforcement Division) Jim Goldsmith, a real estate agent representing a customer interested in the property, said they are asking Council to relieve the lien interest to move on, clean up the property and get it sold. In response to Mayor Hill, the City Attorney said he was informed by Code Enforcement that the house is in compliance. Vice Mayor Wright asked if the home was in bank ownership and Mr. Goldsmith said it was and a lot of properties end up like this during foreclosure proceedings where there is no responsible party. Mayor Hill asked if Council removed the interest, would all the City's expenses be covered and the City Attorney said they would. Vice Mayor Wright asked if they would pay the lien right away or sell the property first, and Mr. Goldsmith said the lien would be paid hopefully by March 1St when the bank completes the foreclosure and has full control of the property. Vice Mayor Wright said he would like them to pay promptly or leave the interest in there and asked if Council could impose a time restriction. MOTION by Mr. Wright and SECOND by Mr. Gillmor that if the City is paid within 30 days we release the interest. Mr. Gillmor then suggested changing it to 60 days. It was changed to March 1, 2012. Ms. Coy said it was unique to come before a closing and now we know who to call if the grass gets high. Mayor Hill said the idea of code enforcement is compliance. Result of the roll call vote (on revision to March 1St): AYES: All NAYS: Passed 5-0. Mayor Hill called recess at 7:51 p.m. and reconvened the meeting at 8:04 pm. All members were present. ».�ss C. Ordinance No. 0-12-01 - Noise Ordinance (Citv Attornev Transmittal, Proposed 0-12-01, Decibel Chart) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA RELATING TO NOISE; AMENDING CHAPTER 67 OF THE CODE OF THE CITY OF SEBASTIAN; DELETING THE EXEMPTION FOR NOISE EMANATING FROM NON-RESIDENTIAL USES; PROHIBITING CERTAIN NOISE WITHIN RESIDENTIAL, NON-RESIDENTIAL AND MIXED USE AREA; PROVIDING ENFORCEMENT; PROVIDING DEFINITIONS; REPEALING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-12-01 for the first time by title only. C Regular City Council Meeting January 11, 2012 Page Seven Mayor Hill said he would ask for public input before Council deliberation and urged the audience that this may be an emotional issue, but that there should be no "you or me" in it, and everyone should be looking for the ideal solution. Mr. Gillmor said he had spoken with the City Attorney who advised that this ordinance is a framework within which Council can work. Public Input: Ruth Sullivan said this second noise ordinance was far worse than the previous because it sets the decibel level 15db over normal db levels, and asked the references to ambient level be stricken. She distributed six exhibits (see attached) relative to noise studies, decibel ratings, and research data from various agencies and read portions of them into the record. She said under the violations proposed none may ever be written, invasive noise cannot be overemphasized, she cited dangerous decibel levels for older people, and noted the loss of $1200 from a couple who checked in for six weeks and checked out within hours because of the noise. She said residents and other businesses are being hurt by loud noise that can be controlled, and read proposed language from her handout which she would like to see in the ordinance. Pam Morgan, General Manager, Oyster Bay Resort, said the 89 unit time share resort has residents who are on vacation, appreciated the City Attorney meeting with her, but said this doesn't do enough to protect those residents, will be impossible to enforce unless an acceptable decibel is chosen, that it should be in effect 24 hours a day, and there is no way citations will be issued because they have 15 minutes to comply. Gregory Gore, Attorney, with an office on Washington Street, and 31 years in Sebastian, said this is not excessive noise, said he and a friend go outside to hear the music and if he wants to drown it out he puts on Mozart. He said this area is going to grow and young people will come. He said the whole idea of the riverFront district smacks of St. Augustine or New Haven Avenue in Melbourne, the music is not loud and asked them to imagine if someone had told Harry James to shut up. David Plotkin, sound man at Earls, said they don't amplify the drums so lowering the sound of the band would be like telling the drummer not to play and there wouldn't be music. He said sound at 116 db at the stage is 65 decibels at 600 feet away which is as loud as a conversation. He said this ordinance will hurt the businesses which would be detrimental to the City of Sebastian Willard Seibert, 1013 Indian River Drive, said the last two arguments are ridiculous, that we have to find a way to be compatible with one another, said outdoor entertainment is not a right but a privilege, and when it interferes with another's right to do business, it's wrong, and said the music can be turned down. He said he had spoken to Chris Pinson who says he wants to work with us and urged him to let him enjoy what he enjoys at his home, and not fool with Mrs. Sullivan's livelihood. He said this is a work in progress and they must recognize the rights of the people who live in the area, and that this needs to be a 24 hour ordinance. Catherine McKenzie, ATT, offered an amendment to clarify that the ordinance would not prohibit routine testing of utility equipment to ensure it is working for emergencies. 7 Regular City Council Meeting January 11, 2012 Page Eight Cathy Cheshire, 925 Indian River Drive, said there are people who camp on the river, there is noise coming from those campers, and she hoped we come to compliance and work together because the river is what Sebastian is about. Frannie Southern, Earl's Hideaway Manager, said they are trying to be good neighbors and have put a tremendous amount of money back into the business to neutralize the sound, that crowds will absorb the sound and when you move away from the stage the decibel levels go down, noting 30 decibels is a quiet library whisper. She said people like Sebastian because of the riverfront and she had many testimonials from people all over. She said she had given Mrs. Sullivan her phone number if she had any problems. Tom Collins, Capt Hiram's thanked the City Attorney for corralling everybody, said if we get regulated on live entertainment it will hurt the businesses, noted they have had music for 20 years, and when this was brought to his attention earlier they spent $40K to build a separate bandstand, put in e�ra landscaping, and though they have not been perfect they do the best they can and have shared phone numbers with other businesses. He said this is difficult to enforce, they can try to work with neighbors, but they need to acknowledge this a commercial district, and not something that can fall to the whim of those who live in the area and said there has been cooperation. He urged everyone to come together, take all input and come up with something fair. Chris Pinson, Susi's Tiki Bar and Grille, said he shared a lot of the same thoughts as Mr. Collins, and has not received the best report card, said he believes in making improvements and instituting rules, and has heard it said because they didn't move the bandstand or put in landscaping that means they don't care. He said they have some fear of making the changes because they are not sure where they stand. He noted at the level he is now speaking he probably exceeds the db levels in the ordinance, that he handed out his cell phone number and only got one response from Mr. Seibert and they came up with some ideas. He said the Chief has some interesting statistics to share and wants to dispel any rumors that they are not being cooperative, and apologized to Mrs. Sullivan or anyone else that has been affected. He reminded Council that the City sponsors live concerts that will have to comply, said we are in a commercial district, and nightlife will attract people with salaries who enjoy it and help economic growth. John Campbell, another owner of Susi's Tiki Bar, with 20 years as an environmental specialist, said by OSHA standards a safe level is 80-85 decibels over a time weighted average of eight hours. He said an air conditioner would read at 50 decibels if everyone was quiet. Donna Keys, property owner on US 1, said the more money the businesses make the more valuable her property is, however, there are others who have the right to quiet, and there has to be some kind of compromise, noted bars are conditional uses in this commercial/ residential zoning district and necessary measures must be taken for surrounding property owners and suggested a workshop with input from experts be arranged. Cheryl Doyle, Palmer Drive, thanked the City Attorney for meeting with everyone, agreed this is worse than the original ordinance, that last Sunday Earls was at 96db and at her property it was 65db and said now she would have to wait until 11 pm to make a disturbance call. She said she wants to be able to enjoy her home and back porch and 8 Regular City Council Meeting January 11, 2012 Page Nine they are putting her business in jeopardy, having already lost one tenant because of loud music. She said she should be able to make complaint at any hour of the day, and that her peace is disrupted five days a week. She said she called Ms. Coy on Sunday at 4:30 pm to listen, and thought Ms. Coy was surprised, and told her she has to listen to this for nine hours every Sunday. Mike Natale, marketer, said marketing the riverfront is catering to people who enjoy that stuff and not an old couple who want to look at birds. He said he owned a house in Lauderdale along an airport runway, and if you know what is happening why buy in that area. He said there are more music lovers than non-music lovers here so it is better to cater to music lovers. Mayor Hill said he had been wearing a decibel reader for the past two weeks, urged that we be careful that we don't overreact to the greatest employers in the CRA District, and said he would not support an ordinance that uses decibels at all, noting at that moment we were well above 55db. He asked Chief Morris to come to the podium for her report. Chief Morris, in response to Mayor Hill, said for 2011 there were five complaints for Earls, three for Suzi's, and 19 for Hiram's; and for the last three months there were ten total for all three businesses out of 97 noise complaints for the whole City. She said when officers receive complaints, they make contact and get compliance. Ms. Coy said it is important to note that the music goes down when we get complaints. In response to Mr. Gillmor, Chief Morris said State Statutes govern disturbing the peace regulation, but noise does not meet the statutory requirement, rather we have an ordinance that covers noise, noting the State repealed the law that regulated amplified music in cars, said a 95.2 db reading in the packet table at Suzi's was motorcycles driving by. In response to Vice Mayor Wright, Chief Morris said if someone calls at noon the call is recorded, that the ambient noise level is something she and the City Manager will have to measure over many months to determine, that the Police Department has two readers and they don't currently calibrate them. Mr. McPartlan said readers require specialized training and regular calibration. Mr. Gillmor said if the ordinance is unenforceable before 11 pm why even write it, that decibel readings are hard to enforce, that he read 80db at Mrs. Sullivan's one day from the wind blowing. He said we need something to identify this as a conditional use, that inside music does not affect the outdoors like outside music does, you can moderate the music with speaker location, wiring, and that people do mike drums. He agreed we cannot use decibels, but bar managers have to manage the noise so they know they are in compliance by taking readings in different areas. He recommended a workshop, and said we need something that works and businesses don't have the right to disturb others' peace, noting Ruth has been in her location for 38 years and he would not support this ordinance. Ms. Coy said Council has addressed noise twice before several years ago, same complaint and there were only two bars and she is disappointed we are doing this again because they are starting to get complaints. She said Hiram's and Earl's spent lots of money to redirect the sound, she cited an experience where she got a call from someone complaining about Earl's and she called the Manager and there was no music there and it was coming from Suzi's. She said she felt most of the complaints of noise were coming from Suzi's. Mrs. Sullivan and Mr. Siebert answered yes. 9 Regular City Council Meeting January 11, 2012 Page Ten She said the latest problems did not surface until about November with the direct connection being the change of management at Suzi's, though there are some occurrences at Earl's and Hiram's. She opined the new establishment has zero buffering. She cited a visit to Chill and Grill next to Earl's where she walked inside and could hear no music coming from Earl's. She urged buffering and directing sound and agreed that decibel levels won't work. She suggested considering common sense and said police officer judgment is subjective, she cited "reasonable and prudenY', stating if Mr. Siebert calls in and his floors are vibrating it is too loud, if Mrs. Sullivan can sing along with the lyrics it is too loud, then the first time warning, and second time and beyond are fines. Chief Morris noted while we had been talking the reader spiked up to 70 db. Ms. Coy said taste in music is also a factor, the intent is not to have music die, but said she would not have the right to park her car next to Mr. Pinson's business and crank up her car radio, just as residents have rights not to have to hear it. She said Mr. Pinson had given her his word and nothing had changed yet. She said we need to come up with Land Development regulations for outdoor music, such as minimal buffering. She said she would like to make it pleasant for everyone. Mr. Wright said he looked at other city ordinances and most do have decibel readings and most talk about cause. He listed eight issues he'd like to talk about and thought a workshop was a good idea. 1) 24 hour a day situation, which all other ordinances had. He said if his neighbor was blasting a radio at 3 pm he would not be happy and said we need to look at residential and non-residential; 2) Need for independent professional to show how to measure noise; 3) Where do we measure noise from; 4) Decibel levels — to use them or not; 5) Would like to see voluntary compliance — get phone numbers of all business owners; 6) ATT request needs to be considered; 7) Sound cannot be measured in an instant, must be looked at in a continuous time frame; 8) Issue of outdoor music becomes important because Mulligan's has approval for outdoor music; 9) Not appropriate to pass an ordinance based on voluntary compliance and suggested moving to a workshop. Vice Mayor Wright suggested getting cooperation and see how it works; and that we need professional assistance. Mr. McPartlan said that the ordinance needs to be simple, that if an officer responds to a call and he feels the floor shaking and windows are rattling, it's too loud and agreed that we should not be tied down by decibel numbers. Mayor Hill said we have a framework and if we pass it, removing the decibel levels and give police authority to enforce, we can move forward. 10 Regular City Council Meeting January 11, 2012 Page Eleven MOTION by Mayor Hill and SECOND by Ms. Coy to strike any references to decibel levels or ambient noise and add the ATT language requested and make the ordinance 24/7. Further discussion followed about decibel levels which was stated eliminates common sense, and further suggestions by Vice Mayor Wright as to where the changes should occur within the ordinance and questions about the effect of language in the violations section. The City Attorney explained that the 60 days is not a grace period but actually the opposite. First offense is a warning, then on to each subsequent offense with fines. He said to make it tougher they could go to 90 days, or Vice Mayor Wright said maybe 365 days. The City Attorney asked permission to go over the changes in the ordinance, that it would cover 24 hours seven days per week, no decibel levels or ambient noise would be utilized so all definitions could be eliminated, and we would add in the requested ATT language to exempt routine testing of equipment (see revised ordinance in legislative format attached) Result of the roll call vote (to pass on 1St reading as amended — public hearing 2/8/12): AYES: All NAYS: None Passed 5-0. 13. CITY ATTORNEY MATTE The City Attorney thanked all the parties who met with him on the noise ordinance. 14. CITY MANAGER MATTERS The City Manager said he had several discussions with Larry Wapnick and others on the Four Chaplains project and tying together the two projects at the Veterans memorial and noted they are running out of money, and he did not think they would make the February 14th deadline, though that will be the groundbreaking date. He said Larry needs an engineer, the 50 x 50 site Council selected should work, there are concerns about the pond, memorial and flame and the City needs to have it engineered. He said Council recognizes the upgrade to the memorial site will tie in with the Four Chaplains memorial. He said he had considered the HUD CDBG CRA funds but after looking into it, the veterans were upset since it was slated to be used for veterans housing, so it will be left there. He said he will place an item on the 1/25 or 2/8 agenda and let Larry come in for funding in an approximate amount of $20K which won't break the bank, as well as bring in plans and more information. Vice Mayor Wright said it is essential we get engineering plans and we need all parking spaces for the Art Festival. The City Manager said there would be no construction in January. 15. CITY CLERK MATTERS - None 11 Regular City Council Meeting January 11, 2012 Page Twelve 16. CITY COUNCIL MATTERS A. Council Member Cov Ms. Coy encouraged people to call the Police Department with noise complaints to document them. B. Council Member Gillmor Mr. Gillmor noted the Art Center location at 1245 Main Street. C. Council Member McPartlan None. D. Mavor Hill Mayor Hill noted the noise ordinance approval does not state that we will not have live music. E. Vice Mavor Wriqht Vice Mayor Wright said the issues we dealt will require a huge amount of discussion and being good neighbors, and if not the next step is to go back to the drawing board. He wished everyone a happy New Year and said it is time for everyone to lighten up. 17. Being no further business, Mayor Hill adjourned the regular City Council meeting at 9:55 p.m. Approved �the January 25, 2012 Regular City Council meeting. Mayor //ATTE T: .� � Sally A. 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SELF currently administers the Cl�an Energv Loan Prograln and is considered an "�;m�rgin�;" CommunitX I�evelo�ment Financial Institution fCDF� as per the U.S. Department of the Treasury (USTREAS). This document provides: (A) background information; (B) status report; (C) an update on expansion plans; and, (D) tentative timeline of major events. (A) Back�round Information: SELF originated from the St. Lucie Board of County Commissioners (BCC) in the fall of 2009 — when the BCC first decided to try and develop a local clean energy financing program. The overall goal was to empower local residents and businesses to take advantage of cost-effective clean energy technologies, including: (1) energy conservation; (2) energy efficiency; and, (3) solar thermal and solar electric products. The primary strategy was to increase consumer access to clean energy technologies through favorable financing options. At that time, Pr�pertv-Assessed C:lean Ener�ry (PACE} programs were the most prevalent local clean energy financing model in the country. The BCC was interested in the PACE collection methodology (i.e., land-secured assessments) but had significant concerns about costly, cumbersome and repetitive bonding requirements for the loan pool. The high interest rates (i.e., 8-10%) were also specifically identified as the primary hurdle for existing PACE programs. After reviewing assorted clean energy financing programs from all across the country, the BCC ultimately decided to pursue an entirely new clean energy financing model based on the Coinmunity Dev�lc�pment Fina��cial Institution �CDFI� Func� — which was authorized by Congress and signed into law in 1994. The CDFI Fund is administered by USTREAS and the majority of the 900+ certified progams focus on affordable housing projects. The BCC felt the successful CDFI Fund should be expanded into the energy sector because it provided the best approach to attract and leverage private capital for the loan pool and could offer more favorable financing options. The BCC originally intended to use the "Green CDFI" Fund as the financial vehicle to create the loan pool and to use PACE assessments for collection purposes only. In the spring of 2010, Florida passed P.ACE �nablin�; le�isl�ition (i.e., HB 7179), and shortly thereafter, the St. Lucie Board of County Commissioners passed Ordinance No. 10-025, entitled, "St. Lucie Countv Sustainabilit�� District", which created the voluntary special taxing district to allow for Property-Assessed Clean Energy (PACE) assessments in the county. The BCC also decided to pursue highly-competitive DOE grants available through Option Two of the Energy Efficiency and Conservation Block Grant (EECBG) program because St. Lucie County did not receive any direct allocations from the U.S. Department of Energy (DOE) as a part of the American Recoverv and Reinvestment �ct (ARRA). Page 1 St. Lucie County worked with the Economic Development Council of St. Lucie County and the Treasure Coast Regional Planning Council to convene meetings with local bankers and financial institutions, and these efforts helped secure letters of interest from: 1) PNC Bank; 2) Oculina Bank; 3) IBM/PGA federal credit union; and, 4) SunTrust Bank. Letters of support for the DOE gant application were also received from all levels of government and from the public, private, and non-profit sectors. The County's EECBG application was submitted in December 2009. The BCC simultaneously helped create the new non-profit organization called the Solar and Energy Loan Fund (SELF) of St. Lucie County, Inc., including: articles of incorporation; by- laws; an application for Section 501(c)(3) designation; and, an eight (8) member Board of Di�rec,t�rs. The MISSION of SELF was established by the Board of Directors to specifically enhance consumer access to clean energy solutions by: • Providing favorable financing; • Providing energy expertise; • Stimulating economic prosperity; • Aiding underserved areas; and, • Facilitating educational awareness. In June 2010, St. Lucie County's EECBG application was selected as one (1) of twenty (20) programs in the entire country, and was the only award recipient in Florida. DOE provided the county with a three-year EEC`�3G award totaling $2,941,500 — which began in August 2010 and is set to expire in August 2013. These grant funds were specifically earmarked for start-up costs, administration, and the initial loan pool of $1,654,215. In July 2010, the Federal Housing Finance Agency (FHFA), which regulates Freddie Mac, Fannie Mae, and the federal home loan banks, issued a statement that determined that certain energy retrofit lending programs caused significant concern. As a result, the newly-created Solar and Energy Loan Fund of St. Lucie County, Inc. decided to eliminate PACE assessment provisions from the "Green CDFI" model and instead shifted to consumer energy loans. In January 201 l, the BCC also secured a$300,000 �rar�t fi-om the Fl�rida Energy & Clima2e C'oinmission to help pay for professional grade energy assessments on 800 homes. In the spring of 2011, SELF began operation of the Clean Energy Loan Program, including the first energy assessment in February and the first loan in April. In Ju1y 2011, SELF secured a$65,000 Technie�i Assistanee Grant from USTREAS to complete the Marketing Research Analysis & Business Plan and Financial Modeling. SELF issued a Request far Proposals (RF�P I 1-001) in November 2011 and expects the final work product to be completed by March 2012. Page Z (B) Status Re�ort: As of December 31, 2011, SELF had received 145 applications, completed 97 energy assessments, and closed 63 loans totaling $616,162. The average loan size is approximately $10,000, and the predominant types of improvements include: weatherization; energy efficient air conditioners; and, solar photovoltaic (PV) panels. SELF has more than 20 products on the approved list and has certified more than 301oca1 contractors. During the first nine (9) months of operation, SELF focused primarily on establishing and refining basic policies and procedures. Over the last three (3) months, SELF has taken the following steps to increase awareness of and participation in the Clean Energy Loan Program: 1. Br<�chure (distributed 15,000 copies via public buildings, contractors, & events). 2. ��%ebsite with additional links on partner websites, such as: local governments, contractors, trade organizations, and non-profits. 3. Facebook Pa�c (Clean Energy Loan Program). 4. Mare than 50 speaking engagements to homeowner associations, civic groups, trade organizations, environmental groups, local governments, and other interested parties. 5. T�V �egment with Pc�rt St. Lucie ;Vlayor Joann Faiella and St. Lucie Countti� Comnlission Chairman and SELF �resident Chr�S Dzadovskv. 6. Radio Sht�u� (Comfort Ti�i�e Li��•e - Part I�. 7. Radic� Sho��Colnfort Time Live - Pa1-� II). 8. Multiple newspaper stories. 9. Public Service Announcements (PSA) on 1oca1 public TV channels. 10. Participation in multiple community events (e.g., trade show, blood drive, ete). 11. Partnership with Indian River State College, including: a. Capstone Interns (2 students, 60 hours each, beginning in January 2012) b. Media Center (assistance with educational and marketing videos in 2012) 12. Rl� A— 201 ? Marketiil7 Plan, which includes $20,000 from the 2012 budget. 13. RFP - MaY-ketit��7 Reseai-cl� An�lvsis and Busines5 Plan. 14. Established a New Marketing Subcommittee. 15. Special meeting with contractors about co-marketing strategies. 16. Fort Pierce Utility Authority in-bill Flyer being sent to 29,000 customers (Dec. 29). (C) Ex�ansion Plans: The SELF Board of Directors held a special planning retreat on October 24, 2011, to discuss the long-term sustainability of the organization and potential expansion of the Clean Energy Loan Progam. The BOD reaffirmed that the primary focus of the organization would remain on full implementation of the program in St. Lucie County and that expansion plans should not negatively affect participation by local property owners. The BOD also gave staff direction to: expedite programmatic expansion; explore and develop an action plan for geographic expansion in the Treasure Coast Region; and, to further investigate potential expansion into other regions of Florida — namely the Space Coast and Tampa Bay Regions. All expansion plans are a"work-in- progress" - which are rapidly evolving at this time and subject to final approval by the BOD. Page 3 -- Since the retreat, SELF has accomplished and/or is working on the following expansion items: Programmatic — a. The green products list has been expanded by the BOD to include 22 products. b. New commercial loan policies are under development by the Loan Committee. Recommendations will be presented to the BOD on January 9th, 2011. c. Staff is working with outside legal counsel, St. Lucie County, and the St. Lucie County Tax Collector regarding new commercial PACE assessments. 2. Geographic — A) Treasure Coast Region I. Staff has met with nearly every city and county in the Treasure Coast region, including staff and elected officials from: the Cities of Vero Beach, Stuart, Sebastian, Okeechobee, and Fellsmere; and, Martin, Indian River and Okeechobee Counties. II. Staff has made public presentations to the City of Fellsmere, the Okeechobee County Commission, the Economic Development Council of Okeechobee County, the Sebastian River Area Chamber of Commerce, the Treasure Coast Regional Planning Council, and the Treasure Coast Council of Local Governments. III. Additional public presentations are scheduled in the City of Stuart (January 9th, 2012) and the City of Sebastian (January 12t", 2012). IV. Staff formalized support from the Treasure Coast Regional Planning Council to hire an additional Clean Energy Loan Officer to work throughout the Treasure Coast Region. The TCRPC also committed to providing office space for this purpose. B) Florida I. Staff made a presentation to the Tampa Bay Regional Planning Council on December 12, 2011, which includes: 21 local governments; FDOT; FDEP; and, gubernatorial appointees. The TBRPC was "very interested" in the Clean Energy Loan Program, and follow-up meetings are scheduled in January 2012. II. Staff has formalized support from the Space Coast Energy Consortium to hire an additional Clean Energy Loan Officer to work throughout Brevard County and the Space Coast Region. The Consortium also offered office space for staff. III. Staff is working with the Florida Office of Energy regarding the reallocation of "$2- 3 million" of unspent DOE funds which have been specifically earmarked for loan loss reserve funds. A competitive allocation process is anticipated in late January. IV. Staff is also coordinating with St. Lucie County and the Florida Office of Energy to modify an existing energy assessment grant to mirror the time-frame in the EECBG program and expand the geographic area to include all of the Treasure Coast. V. Staff has met with private financial institutions to secure supplemental funding for commercial loans and future investments in the "Green" CDFI (after certification). VI. Staff is working with USTREAS to obtain CDFI certification. The application will be submitted in April 2012 and certification is expected to take 3-6 months. _ _ Page 4 Based on initial meetings will adjacent cities and counties, the most immediate opportunity for expansion of the C1ean Energy Loan Program is in the Tre;asure C�>ast Rerion, including: Martin, Okeechobee, and Indian River Counties. The Cities of Vero Beach, Stuart, Fellsmere, and Sebastian are also interested in the program. This document is being provided to all of these entities to assist them in their due diligence. The next most immediate opportunity far expansion is in the East Central Florida Re�;ion which is being spearheaded by the Suace Cc�ast Erier�y C<�nsortium. This private entity has been working closely with local governments in the East Central Florida region, and has been in contact with SELF for more than a year. The Consortium desires to create a satellite program anchared in Brevard County, and has formally offered to provide office space in their existing building and cover staffing and administrative costs up to $50,000. The Tampa Bay Re�,rional Planning Council is "very interested" in potential expansion of the Clean Energy Loan Program into Hillsborough, Manatee, Pasco, and Pinellas Counties. SELF is scheduled to have a follow-up meeting with TBRPC staff in January 2012. (D) General Timeline: • January • February Seek loan loss reserve funds from the Florida Office of Energy BOD meeting to further evaluate initial expansion plans • March Complete Marketing Research Analysis and Business Plan • March/April BOD meetings to review Marketing Study and Business Plan • April Submit CDFI certification application to USTREAS • June/September Receive CDFI certification (3-6 months from submission date) • June/September Finalize banking partnerships and investments in new CDFI. Once SELF is certified as a CDFI by USTREAS, then the organization becomes attractive to financial institutions and a variety of other potential investors who are interested in: Coinmun�� Reinvestment Act {CRA� Credits; nominal rates of return on investment; achieving the Triple Bottotn Line; and, numerous opportunities for beneficial public relations. SELF is actively working with existing banking partners and other financial institutions who are interested in investing in the new "Green CDFI". These private investments will supplement the existing loan pool and are a key component for expansion of the Clean Energy Loan Program. Note: All plans for expansion are subject to further review and final approval by the SELF Board of Directors. 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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA: Section 1. Chapter 67 of the Code of the City of Sebastian is hereby amended as follows: Sec. 67-1. - Noises; unnecessary and excessive prohibited. A. It shall be unlawful and a violation of this section for any person to make, continue, or cause to be made or continued any unreasonably loud, excessive, unnecessary, or unusual noise. e nn��o Ic��cl �.�hinh ovnocrl� +hc �mhior,+ �n� �r,r! Icvcl h�� , , , , , , ��e„��.,o .,.,��o B. A violation of this chapter � shall occur mo�c ��romon� hoinn r,.,"�o if circumstances are such that a violation would be obvious to an ordinary, reasonable, prudent person. C. The following acts, among others, are declared to be unreasonably loud, excessive, unnecessary or unusual noises in violation of this chapter but this enumeration shall not be deemed to be exclusive, namely: (1) Power tools and landscape equipment. The operation of noise-producing lawn mowers, lawn edgers, weed trimmers, blowers, chippers, chain saws, power tools and other noise producing tools which are used at a residence out-of-doors between 9:00 p.m. and 7:00 a.m. (2) Anima/s, birds, etc. The owning, harboring, possessing or keeping of any dog, animal or bird which causes frequent, habitual or continued noise and which disturbs the peace, quiet and comfort of neighboring residents. (3) Radios, televisions, CD players, musical instruments, speakers, loudspeakers, amplifiers, and similar devices ' .The using, operating, or permitting to be played, used or operated any radio, television, CD player, musical instrument, speakers, loudspeakers, amplifiers or other machine or device for the producing, reproducing or amplifying sound in such manner as to disturb the peace, quiet and comfort of flei�er+�� r°°�� neighbors. T"° ��°r��inn „f ,,,., �,,,.h �o+ , , , . . . . . . , Sec. 67-2. - Responsibility for compliance. A. For the purposes of this article, any person owning or having responsibility for management of a premises, however temporarily, or any performer or disc jockey producing sound upon any premises, any person playing music, any person having control of volume knobs or levels or amplification devices, and the business as named on the occupational license, if applicable, shall be jointly and severally liable for compliance with this article and shall be responsible for any violations of this article. B. Anv person, firm or corporation mav provide the citv with the name and phone number(s) of one or more persons who may be called to achieve compliance with this chapter. Citv enforcement officers, when furnished with such contact information, shall attempt to reach those persons by phone in an attempt to achieve compliance and such persons shall also be responsible for compliance as defined in section 67-2 A. above. � Sec. 67-3. - Enforcement procedure, warnings, and citations. A. (�} Warnings. A first violation of this chapter shall result in a warning, either oral or written, that details the violation with specificity and requires prompt corrective action be taken by any person(s) responsible for compliance as defined in section 67-2. B. �} Cifations. If corrective action is not taken within #+�e fifteen (15) minutes of the warning, or if a warning for the same offense has been issued within the past 60 days, an enforcement officer is authorized to issue a citation for each subsequent violation in accordance with the following schedule: � The first citation issued within 60 days of a warninq for the same offense shall carry a fine of $50.00. � The second citation issued within 60 davs of a warning for the same offense shall carry a fine of $250.00. � The third and each subsequent citation issued within 60 days of a warninq for the same offense shall carry a fine of $500.00. Sec. 67-4. - Exemption. The following uses and activities shall be exempt from the noise regulations set forth in this chapter: (1) Noises of authorized safety signals and warning devises. (2) Noises emanating from any government vehicle or property. . ■*r.r_r� � .:�.�� .a�..e.::_:.e.:�.T..e..�:.,..�_.�.�., 3 �{4� Noises from emergency work, which is to be construed as work made necessary to restore property to a safe condition following a public calamity, or work required to protect persons or property from an imminent exposure to danger, including without limitation noises from generators or other equipment used by communications companies or other utility companies due to a commercial power outage or in connection with restoration of service operations or routine testing of such generators or other equipment. �{5} Any activity authorized by the city council or city manager. Section 2. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 3. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 4. Codification. The sections of the ordinance may be made a part of the City Code of Laws and ordinances and may be re-numbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "division," or any other appropriate word. Section 5. Effective Date. This ordinance shall take effect immediately upon 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 Jim Hill Vice-Mayor pon Wright Councilmember Andrea B. Coy Councilmember Richard H. Gillmor Councilmember Bob McPartland The Mayor thereupon declared this Ordinance duly passed and adopted this _ day of , 2012. CITY OF SEBASTIAN, FLORIDA By: Mayor Jim Hill ATTEST: Sally A. Maio, MMC City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only. Robert A. Ginsburg, City Attorney Words stricken shall be deleted; words underlined constitute the proposed amendment; remaining provisions continue in effect. 5 Noise Ordinance 1. "Decibel" means a numerical expression of the reiative loudness of a sound. 2. "Measured" means the use of a sound level meter sensitive to levels from 30 to 120 decibels. Wher�as excessive sound is a serious hazard to the public health, welfare, safety, and the quality of life; and u�hereas a substantial body of science and technology exists by which excessive sound may be substantially abated; and whereas the people have a right to, and should be assured of, an environment free from excessive sound. Naw therefore, it is the policy of the City of Sebastian to prevent excessive sound that may jeopardize the health, welfare or safety of the citizens or degrade the quality of life. l. The decibel level shall not exceed between 50 to 55 decibels for residences and businesses with living accommodations. 2. The decibels shall be measured from th� property line of the complaint nearest to the sound source. 3. The same decibel level shall be set for 2417 to ensure the comfort of older citizens, due to earlier and increasing outdoor music schedules and to ensure ease of enforcement. The provisions of this ordinance shall be acted upon by city of enforcement officers., who shall investigate possible v�olations sound levels which equal or exceed the sound levels set forth in this ordinance. Impulsive or other sounds sha11 not exceed 80 decibels at any time. Enforcement Procedure, w�rnings, and citations. A. Warnings. A first vio�aiion shali result in a written wa.rning, recording the deta.ils of the violation� . . . � J � !"h� . //E��Pi'� requ�res prompt corre�ive ac�ion�o be take� by any person (s) responsible far compliance. There will be no cita.tion for this first warning. B. Citations. With the second and addifiional violations an enforc�ment officer is authorized to issue a citation for each subsequent violation in accordance with the following schedule: 1. The first citation shall carry a fine of $50. 2. The second citation shall carry a fine of $250. 3. The third and each subsequent citation$ shall carry a fine of $500. Exemption. As originaliy cited in ordinance. �. �_. Dangerous Decibels » Listen Ug! (OMSI Rese,arch Data} �, _ � � �� , ; ��r �� Page 1 of 1 - Education • Exhibitrv • Reseazch • Store • C4I2�C� Listen IT� ! ��c�n1 /�'j l%S��/yI d r 5�� - d i,�'' � � 5 �'� y Eghibit Results t 1Q 2Q 30 40 50 60 �� 2001-20i 1 All rights reserved. Site by Sna�tortoise. - s�� x, � �� f�: � � �� • aa�� + � � - � `� � com�t �,�,�,le:o�-- —� - _ i 7U 84 �,� �� -�e-�� , � �a� i.;�s.��:• ♦�r.: e �v , - � � :.; ��: va �:ts.^� .:-:.:t s E-:�Y : 1'1 1 Q W � 3 � � .Z1 � m � � � o �' c � - � O Z !it O O O O O � N R1 o y o � m z N S c�i� c�r� `c'n' g r 0 � 0 0 a � °o c�n c�i+ c�i, ' c'y N O 0 3 o $ m � n 0 0 0 o Q r 0 � 0 0 Z D 0 — C c~i+ cvs � -yi W � � � V O O W O o � O o � �'' z o� g0 cfl 0 0 � a, �,. ' �:, ,. ;s; '4�: ,� t_ � :� � � � .�'^ . �, ." � -= �'� � .,.�`a �'.. `. �y �1"� �: ` ��.,� `_� i i Noise Pollufion � Air and Radiatio�a ?�� PA �� . � � � ,� �� Qn t#�is page: �'r�� `� �`� �¢ i '�= � `;�. ..,:.� r � . � •.t . s You are here: EPA Home Air and Radiatlon Noise Po!lutian �11hat is Noise Poilutian? Heatth Effects Pr�tection from Naise The R�le af EPA Naise So�trces Requlated by EPA �urrect A iv'�es Freauent Asked Questions Resource Cen�er Page 1 of 4 Announcements Aagust 5i 2004 - RlVi3@d Re�Wateon far tha labelin� of Hearing Prot�tion Devices (HPQ) ProPos�d See Current Activities You w►fl need Adobe Rcrobat Reader to view #he Adobe PD� files on this page. See EPA's PDF �ge for moce inform��ian about getting and using the free Acrobat Reader. What is Noise Poilution? Tfie trad�tional definition of nt�ise is punwanted or disturbing sound�. Sc.�nd becomes unwanied when �t either interteres with normal activities such as sleeping, conversation, ar disnapts or diminishgs one's qua!}ty o€ life. The fact that you can't see, taste or smeii it may help explain why it has not received as much attention as other types of pollution, such as air potlution, or water pottution. The air around us is cor�stantly ftlled with sounds, yet most of us wouki probabty not say we a�e surraunded by noise. Though for same, tF►e persisten� anct escalating sources of sound can oRen % considered an aRnoyance. This °annoyance" can fiave majo� consequences, primarity to one's overall health. Hesitt� E!#ec�s Noise poNution adversely a�cis �t1;e lives of mii#ions o# people. Studies haye shown #hat there are dtrect tfnks between nofse and heafth. Probiems related to noise inciude stress related iitnesses, high biood pressure, speech interference, hearing ioss, sleep disn�ption, and lost produc�ivity. Noise Induced Hear�ng Loss (NIHL.) is tf�e most common and aften discussed health effect, but research has shown that exposure to constant or high tevefs of nolse can cause countless adverse health affects. Learn more about the health effects: ht�p•l/www nanoise or�llibnry/handbook/handbook htm v��,��f�=�:�;. ht�p:J/www.nonoise.org/librarvl�ter/sute�.htm ��_��.; Protection ft�om Noise Indiv�duais can take many steps to protect themsetves from the harmfui effects of noise pollution. If peopie must be around loud sounds, tt�ey +can prot.ect their ears with t�ea�ing httpJ/vvww.e�a.gov/sirl�i�e.htmi 2118/2000 Ha�g�t�s Uecibels » Noise �nduced Hearing Loss • About Us • Education • E�ibi � • Research • Store • COIl�Ct �� ,n;�.. �� « Information Center � Hovv Loud is Too Loud? » • Haw We Hear » • Hearin L� oss » • Noise induced Hearin Lg oss » • NIHL and Veterans » • Links » • FA » Page 1 of 2 ' �LG %�� ,,tL �� ;1�� N"��' . �`ti . ��-� :,7�� . J � Y' �,�`/�''' ' ' �''� �- �� ,iL'� �,jk. �" �---- ��,�� -�'�� ,�� -� ' " � � ; / ,Ll< ��`' `�=�' �`� r� .. ,� ��"��-, "' ^ � ��,,�_ ,� c ; ,�,y� .q �r;�>�;�.-��,, � ' � " �► " � • � ' Of fihe roughly 40 million Americans suffering from hearing loss, 10 million can be attributed to noise -induced hearing loss {NIHL). NIHL can be caused by a one-time exposure to loud sound as well as by repeated exposure to sounds at various loudness levels over an eartended period of time. Damage happens to the mi�roscopic hair cells found inside the cochlea. These cells respond to mechanical sound vibra.tions by sending an electrical signal to the auditory nerve. Different groups of hair cells are resgonsible for different frequencies (rate of vibrations). The healthy human ear can hear frequencies ranging from 20Hz to 20,000 Hz. Over time, the hair cell's hair-like stereocilia may get damaged or broken. If enough of them are damaged, hearing Ioss results. The high frequeney area of the cochlea is often damaged by loud sound. Sound pressure is measured in decibels (dB). Like a temperature scale, the decibel scale goes below zero. The average person can hear sounds down to about 0 dB, the level of rustling leaves. Some people with very good hearing can hear sounds down to -15 dB. If a sound reaches 85 dB or stronger, it can cause permanent damage to your hearing. The amount of time you listen to a sound affects how much damage it wilt cause. The quieter the saund, the longer you can listen to it safely. If the sound is httpllwww.dangerousdecibe�s.org/educatianlinforn�ation-center/noise-induced-heari�g-ic�ss/ 2l18l2(�}0 Jangerous Decibels » Noise Induced Hearing Loss Page 2 of 2 very quiet, it will not cause damage even if you listen to it for a very long time; however, exposure to some comman sounds can cause permanent damage. With extended e�osure, noises that reach a decibel level of 85 can cause permauent damage to the hair cells in the inner eaz, lea.ding to hearing loss. Many common sounds may be louder than you think. .. • A typical conversation occars at 60 dB — not loud enough to canse damage. • A bulldozer that is idling (note that this is idling, not actively bulldazing) is ioud enough at 85 dB that it can cause permanent damage after only 1 wark day (8 honrs). • When listening to music an earphones at a standard volume level 5, the sound generated reaches a tevel of 1t1D dB, load enaugh to cause permaneat damage after jus# 15 minutes per day! • A clap af thunder from a nearby starm (120 dB) or a ganshot (140-190 dB, depending on weapon), can both cause immed.iate damage. In fact, noise is probably the most common occupational hazard facing peopte today. It is estimated tha# as many as 30 million Americans are exposed to potentially harmfial sounds at work. Even outside of work, many people participate in recreational activities that can produce harfnful noise (musical concerts, use of power tools, etc.). Sixty million Americans own firearms, and many people da not use appropriate hearing protection devices. 0 2001-2011 Dangerous Decibels. All rights reserved. Site by Snaptortoise. • �onsors • About • Cantact laading About Noise and NPC ,� �� ,��' r' �� N+�i�e P�[�ut�+�n '�� .r�.�� '� ��ari� ��►u�� . � � �� About Noise, Noise Pollution, and the Clearinghouse Page I of 1 The word "noise" is derived from the Latin word "nausea," meaning seasickness. Noise is among the most pervasive pollutants today. Noise from road traffic, jet planes, jet skis, garbage trucks, construction equipment, manufacturing processes, lawn mowers, leaf blowers, and boom boxes, to name a few, are anzong the audible litter that aze routinely broadcast into the air. Noise negatively affects human heaith and well-being. Problems related to noise include hearing loss, stress, high blood pressure, sleep loss, distraction and lost productivity, and a general reduction in the quality of life and opportunities for tranquillity. �Ve experience noise in a number of ways. On some occasions, we can be both the cause and the victim of noise, such as when we are operating noisy appliances or equipment. Tt�ere are also instances when we experience noise genera.ted by others just as people experience secc>nd-hand smoke. V�7hile in both instances, noises are equa.11y damaging, second-hand noise is more troubling because it has negative impacts on us but is put into the environment by others, without our consen� �The air into which second-hand noise is emitted and on which it travels is a"'commons," a public good. it belongs to no one persan or group, but to everyone. People, businesses, and organizations, therefore, do not ha.ve unlimited rights to broadcast noise as they please, as if the effects of noise were limited only ta #heir private property. On the contrary, they have an obligation to use the cammons in ways tha.t are compatible with ar do not detract from other uses. ";. People, businesses, and organizations tha# disregazd ihe obligation tv not interfere wit� others` use and '�' enjoyment of the commons by producing noise pollution are, in many ways, acting like a bully in a �`' schooi yard. Although perhaps unknowingly, they nevertheiess disregard the rights of others and claim :�^ ' for themselves rights that are not theirs. We have arganized to raise awareness of noise pollution and help communities take back the commons from those acting like bullies. Our efforts include building a library of resources and tools conceming noise pollution, establishing links to other groups that have similar collections, establishing networks among local noise activists, assistin� communities and activists who are working to reduce noise poilution, and monitoring and advocating for stronger noise controls. H�me To� htipJ/www �noise.org/aboutno.htm 2/18/Z000