HomeMy WebLinkAbout2010-12-14 Airport Advisory Board Workshop meeting minutes MINUTES OF MEETING
DANIA BEACH CITY COMMISSION
AIRPORT ADVISORY BOARD WORKSHOP MEETING
TUESDAY, DECEMBER 14, 2010 - 6:00 P.M.
Mayor McElyea called the meeting to order at 6:00 p.m.
Present:
Mayor: C. K. "Mac" McElyea
Vice-Mayor: Anne Castro
Commissioners: Bob Anton
Walter Duke
Bobbie Grace
City Manager: Robert Baldwin
City Attorney: Tom Ansbro
City Clerk: Louise Stilson
Airport Attorney: Neal McAliley
Airport Advisory Board Members present:
Jay Field, Chairman Bob Mikes
Joe Payne Mark LaRocca
Clive Taylor Rae Sandler
Dick Sokol Linda Sacco
Shaun Koby Patrick Phipps
David Clark
Airport Advisory Board Members absent:
Beaulah Lair Mike Grady
Chris Johnston Jocelyn Lummis
1. Discussion between Airport Advisory Board and City Commission to plan a response
strategy in preparation for the January 25, 2011 Broward County Commission meeting
relating to funding of the sound insulation and part 150 program
2. Presentation by Neal McAliley, and introduction of Bill Albee, consultant retained by the
City
Neal McAliley, Airport Attorney, noted that there are two parts in the litigation process
regarding the South Runway Airport Expansion: 1) the City's challenge to the FAA Record of
Decision in Washington, for which we have not yet received a ruling; 2) the motion filed by the
City in the Broward County Circuit Court to enforce the 1995 Interlocal Agreement against
Broward County. He explained the noise mitigation provision included in the agreement.
Attorney McAliley further advised that the County has filed a motion to set aside the Interlocal
Agreement and declare it invalid for all purposes. He indicated that Broward County proposed
the Pilot Program for noise mitigation; the City suggested some changes but the County only
made some minor modifications. The County alleged that most of our comments were
premature because that was not the main noise restriction plan. Attorney McAliley noted that the
Broward County Aviation Department (BCAD) submitted their Noise Mitigation Plan to the
County Commission and the City. In response to their plan, the City sent comments to the
Aviation Department including the views and suggestions of our residents and the matter could
be discussed at the January 25, 2011, County Commission meeting. He noted that we want to
know whether or not we are allowed to receive federal funds for mitigation. For thispurpose,
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the Cityhas engaged the services of Bill Albee an expert in airport noise mitigation who worked
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with the Federal Aviation Administration (FAA) in the 1990's and has a vast knowledge of their
rules and regulations.
Bill Albee, Noise Consultant retained b the City, explained his background and noted he will
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share his experience in noise policy and mitigation. He was available to answer any questions.
Commissioner Anton referred to the comments made by the Broward County Aviation Director
at the November 9, 2010, County Commission meeting regarding the 65-70 DNL requirements
for noise mitigation. He noted they also discussed the purchase assurance and sales assistance
program.
Mr. Albee noted that there is no written regulation on this issue; however, there are different
interpretations by different regional offices in the FAA as to how they administer a rule. He
added that ultimately the Airport would like to have every eligible house sound insulated, before
the noise from the new runway comes.
Vice-Mayor Castro asked if there is a regulation to require everything to be mitigated to 65
DNL.
Mr. Albee noted that a general answer would be yes; however,this is a voluntary program.
Commissioner Grace asked if there had been any follow up from the County regarding their
consistency in the funding for the sound insulation. She also questioned if there is an
explanation from the County as to the change in the design of the runway.
Attorney McAliley noted that there has not been any response from the County on this issue. He
added that Mr. Albee's expertise relates to noise mitigation and not the design engineering aspect
of the project.
Mr. Albee noted that if there is a design change to the preferred alternative, the City could
request a noise analysis showing that the additional footage would not affect the noise contours.
Attorney McAliley responded for Vice-Mayor Castro that the City could ask for a supplemental
analysis. However, it has not yet been determined whether the Broward County Aviation
Department considers this to be a substantial change to the proposed action.
Mr. Albee remarked that if the runway expansion finally comes to fruition, the City should try to
get as much home insulation as possible and discuss other issues afterwards.
Minutes of Meeting 2
Dania Beach City Commission
Airport Advisory Board Workshop Meeting
Tuesday,December 14,2010-6:00 p.m.
Commissioner Anton questioned if there is a requirement that a house should be sound mitigated
in order to participate in the purchase assurance and sales assistance program.
Mr. Albee responded there is none.
Commissioner Duke asked Mr. Albee if he had an opportunity to review the Noise Mitigation
Program that is currently on the table and if it represents what is in compliance with what
governing bodies typically offer impacted cities.
Mr. Albee advised he has looked at it but not in depth. He added that in his opinion the program
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is in compliance.
Vice-Mayor Castro pointed out that the FAA goal is to go as cheap as possible to try to put an
end to the problem.
Commissioner Duke asked if the impact to Dania Beach would go away in the event the north
runway is selected as opposed to the south runway.
Mr. Albee noted he could not answer this question without looking at the contours information.
Attorney McAliley advised that the EIS states that the north parallel runway would not only
eliminate the increase in noise but it would also reduce the overall noise impacts.
Linda Sacco, 4481 SW 38th Terrace, member of the Airport Advisory Board, asked if the City
could request from BCAD the definition of "significant" when referring to the change in the
noise contours. She asked if we would have to pay to make them prove it.
Mr. Albee noted that if they do a supplemental EIS at the request of the City, BCAD would pay
for it.
Rae Sandler, 810 NW 7th Avenue, member of the Airport Advisory Board, noted that the FAA
does not require Avigation Easements for sound mitigation; however, Broward County is
proposing that this document be executed by the residents, in order to participate in the purchase
assurance and sales assistance program. She asked if this was true.
Mr. Albee advised that FAA regulations do not require homeowners to do that. However, he
would have to research further for more details.
Bob Mikes, 601 NW 7th Street, member of the Airport Advisory Board, noted that the residents
would like to see copies of recent purchase assurance and sales assistance programs throughout
the country,to see how the FAA would handle their appraisal values.
Mark LaRocca, 4511 SW 34th Avenue, member of the Airport Advisory Board, asked if there is
any regulation on sound mitigation regarding appraisals coming from within the impacted area or
outside the impacted area.
Minutes of Meeting 3
Dania Beach City Commission
Airport Advisory Board Workshop Meeting
Tuesday,December 14,2010-6:00 p.m.
Mr. Albee noted that the purchase assurance program states that the appraisals are taken with the
noise impacts.
3. Adjournment
Mayor McElyea adjourned the meeting at 7:00 p.m.
ATTEST: CITY OF DANIA BEACH
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LOUISE STILSON, CMC C. K. E Y A
CITY CLERK c��' s F� MAYOR—COMMISSIONER
Approved: January 11, 2011 �-
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Minutes of Meeting 4
Dania Beach City Commission
Airport Advisory Board Workshop Meeting
Tuesday,December 14,2010-6:00 p.m.