DEVELOPMENT ADVISORY BOARD

REGULAR MEETING

APRIL 9, 2008

CALL TO ORDER

The April 9, 2008, regular meeting of the Development Advisory Board was called to order by Chairman Schrage at 3:00 p.m.

ROLL CALL

Members Present: Pete Schrage, Gerald Clark, Gary Kellogg, Jim Salscheider, Darrel Williams, Dave McAtlin, Dennis Gray

Members Absent: Bert Berschauer, Ken Brown (exc), Larry Prielipp, Archana Aliyar (exc), Dennis Van

Staff Present: Larry Didion, Stuart Schmeling, Luke Morris, David Kinney, Jean Vinson

MINUTES

Mr. Kellogg made a motion to approve the minutes of the March 12, 2008, meeting as written. The motion was seconded by Mr. Salscheider and carried unanimously.

CORRESPONDENCE AND ANNOUNCEMENTS

Mr. Schmeling said there is another meeting scheduled for this room at 4:00 and if this meeting should need to be continued past that time, he has reserved a room in City Hall.

ENERGY CALCULATION PRESENTATION BY MR. BROWN

Mr. Brown had called prior to the meeting to state that he was called out of town and would be unable to make his presentation. He asked that this item be postponed to the May meeting.

PRESENTATION BY ROBIN BOUDREAU, ADOC

Mr. Robin Boudreau, Arizona Department of Commerce Energy Office, said he is here to present Green Energy with a focus toward buildings within Arizona and how the State stands today in regard to energy awareness. He said there are three steps to achieving a high-performance building. There are a lot of terms being used such as Green Building, Code-Built Houses, Energy Star homes, Net Zero homes. One step is to establish a “Building Energy Code” within a community. This is generally called the energy conservation code and it is a part of the family of I-Codes and goes hand-in-hand with the International Building Code and the International Residential Code. Currently in Arizona, out of the 100-plus communities, about 30 of them are actively engaged in building homes under the energy code and several others are reviewing it for possible adoption. The second step is the “Beyond Code” program which is the Energy Star program. This is a nationally-recognized program and is supported by the Environmental Protection Agency. In 2007, 20,000 Energy Star homes were constructed, mostly in Phoenix and Tucson. APS offers an incentive to build to Energy Star standards. He said that Arizona is a home-rule state and one of eleven states that remain in that condition. The third step is to present a Green Building Program that supports energy efficiency and the environment. He said that this program is supported by the Department of Energy and there is a lot of information on their website, including free software. He mentioned that AZBO is holding training seminars in Prescott in April.

Mr. Schrage asked about the future of Arizona regarding adopting the energy code. Mr. Boudreau said it is unlikely in the near future; at this time it is up to each individual community to adopt an energy code. In response to a question about costs, he said there is a publication available on line that addresses that subject. The website is swenergy.org. He spoke for a few minutes on LEEDS.

Mr. Kellogg mentioned his time in Vermont where there was a state-sponsored energy-efficient utility which was paid through the electric bill. Companies are becoming inspired to be energy efficient because of the costs. Mr. Boudreau said he is a native Vermonter and that Vermont has an award-winning program.

Mr. Schrage thanked Mr. Boudreau for his presentation.

Ms. Judy Schianna, with Remax and secretary for the Lower Colorado Resource Conservation Development Group, said that most home buyers are looking for energy efficient homes and that energy efficient homes tend to draw a larger price and sell faster. People can qualify for higher loans if the homes are energy efficient. She supports this whole effort to become green.

DISCUSSION: NOISE ORDINANCE

Ms. Kelly Garry, Assistant City Attorney, said she is here to present a noise ordinance that the City Attorney’s Office, the Police Department and Development Services Department have been working on. It is obvious that the current code provisions regarding noise are inefficient to respond to and to manage complaints. This ordinance is an attempt to develop a code that is beneficial for the entire community, not just those who complain, and to allow an objective way to measure the noise and to respond to it. It is a decibel based system which is measured by a hand-held meter at the place of the complaint, not at the place where the complaint arises. There are three zones: residential, commercial and mixed use, and manufacturing and industrial. These zones are broken down by other criteria such as time and days. There are several exemptions throughout the ordinance and some special noise sources that are clarified. Construction has its own section where it is regulated only by time, not by the decibel level. She is trying to meet with as many people as possible to get input, questions, comments and concerns. The goal is to develop an ordinance that will work for the community.

Captain Joe Fiumara explained how the decibel measuring will work and said that Officer John Mihalich did a lot of the work on the ordinance and is in attendance today. He gave examples of BJ’s and McKee’s which tend to be loud.

Several members of the public spoke about how the loud noises, music, and PA systems from the bars affect them in their nearby residences. Ms. Garry said in response to questions that this ordinance is an attempt to make noise levels objective rather than subjective; something which is actually measurable. Mr. Schmeling responded by saying that the bars are allowed to have speakers outside, but if they have a special event such as a band outside, they would have to obtain a temporary use permit or a special use permit from the City.

Captain Fiumara pointed out that the construction industry is not regulated by decibels; they are regulated by time. There are some seasonal differences for summer and winter. Mr. Kellogg mentioned the acoustical problems with sound. Captain Fiumara said all conditions will be taken into account by the officers who are called out for noise complaints. Mr. Salscheider said that BJ’s is undergoing extensive renovation to mitigate their noise; this ordinance will give the police a way to measure the sound levels.

Mr. Didion said that one of the aspects of the noise ordinance deals with the construction element; that is where this Board’s expertise will come in and be beneficial to this endeavor. The comments received are good and they will be taken into account. He asked the Board to look at the restrictions and exemptions for construction-related activities and if the members have any comments, suggestions or concerns. Mr. Schrage said he has a concern about the starting time; there are a few months of the year when the builders start pouring concrete at 3:00 a.m. He asked if there can be a special permit to allow that. Captain Fiumara said the answer is yes and Ms. Garry said the ordinance has a process to obtain a permit.

Mr. Didion said those permits would be over the counter with no charge. Ms. Garry said there will be another public meeting on Tuesday, at 5:00 p.m. in this meeting room.

Mr. Didion asked that the meeting be moved to City Hall, Room 155, at 4:03.

CHANGE OF POLICY FOR POOL ENCLOSURES (JANICE SORENSON)

Ms. Janice Sorenson said that the code enforcement staff is looking for possible changes to the pool enclosure policy in an attempt to make the policy more efficient. The pool enclosure is a life-safety issue and needs to be addressed because some of the fencing being constructed does not meet the code requirements. Also, in some cases, water is placed in the pool before the enclosure is erected and inspected for compliance. In many instances, the property owner is not aware that the enclosure is in violation after the contractor has completed the pool. One of the proposed changes is to ask the pool contractor to provide details of the enclosure on the site plan when a pool permit is applied for and when temporary access is needed, the location should be shown on the site plan also. This would prevent water from being put in the pool before inspections are completed. There are three objectives: to prevent water in the pool before the enclosure is constructed; to support enforcement and improve the ability to track the enclosure; and to educate pool contractors and owner. At this point, the Building Division sends a letter to the owner of each pool application explaining the process.

Mr. Kinney said that at this point an enclosure is not required until the pre-plaster inspection, and this causes problems with fiberglass pools. He said that fiberglass only require one inspection: the final. In most cases, as soon as the pool permit is issued, the contractor drops in the pool and fills it with water. Ms. Sorenson said it might be possible to require an inspection on the enclosure before the pool is put in. She is checking with the registrar to see if the owners are aware that there can be no water put in before the enclosure is up.

Mr. Kinney said another problem is that the pool contractor is not responsible for the enclosure; that is the property owner’s responsibility. He suggested the possibility of issuing two separate permits: one for the enclosure first and then one for the pool itself. Ms. Sorenson said that would be a good idea. Mr. McAtlin agreed.

Mr. Schmeling asked if there was a consensus among the board members that staff should initiate a process for issuing two permits. Ms. Sorenson said both permits could be applied for at the same time and Mr. Kinney agreed. A consensus was received.

NEW OR OLD BUSINESS

None.

CALL TO PUBLIC

None.

FUTURE MEETING

The next meeting will be held on May 14, 2008.

ADJOURNMENT

The meeting was adjourned at 4:25 p.m.

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Pete Schrage, Chairman

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Jean Vinson, Recording Secretary