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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, g the Cityhas engaged the services of Bill Albee an expert in airport noise mitigation who worked p � g 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 Y tY p �' 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 P p p g 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 r LOUISE STILSON, CMC C. K. E Y A CITY CLERK c��' s F� MAYOR—COMMISSIONER Approved: January 11, 2011 �- � 1 Minutes of Meeting 4 Dania Beach City Commission Airport Advisory Board Workshop Meeting Tuesday,December 14,2010-6:00 p.m.