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HomeMy WebLinkAboutMinutes of First Public Hearing - Airport Settlement Agreement Amendment - March 15, 2012 MINUTES OF FIRST PUBLIC HEARING AIRPORT SETTLEMENT AGREEMENT AMENDMENT DANIA BEACH CITY COMMISSION THURSDAY, MARCH 15, 2012 — 7:00 P.M. 1. Call to Order Mayor Flury called the meeting to order at 7:00 p.m. 2. Roll Call Present: Mayor: Patricia A. Flury Vice-Mayor: C. K. "Mac" McElyea Commissioners: Anne Castro Commissioner: Walter Duke - via telephone Bobbie H. Grace City Manager: Robert Baldwin City Attorney: Thomas Ansbro City Clerk: Louise Stilson 3. Public Hearing 3.1 ORDINANCE#2012-007 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE SETTLEMENT AGREEMENT(IN COMPLIANCE WITH CITY CHARTER REQUIREMENTS), WITH BROWARD COUNTY, FLORIDA, RELATED TO LITIGATION EXISTING BETWEEN THE PARTIES IN CONNECTION WITH CONSTRUCTION OF A NEW SOUTH RUNWAY AT FORT LAUDERDALE-HOLLYWOOD INTERNATIONAL AIRPORT, SUCH AMENDMENT TO CHANGE THE VOIDABILITY OPTION PERIOD OF PARAGRAPH 6 OF THE AGREEMENT FROM THIRTY(30)DAYS TO SIXTY(60) DAYS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of Ordinance #2012-007. He advised this Ordinance only extends the voidability period from 30 to 60 days to allow the City to confer with Broward County and the Federal Aviation Administration (FAA), to determine whether or not the Settlement Agreement can be completed as originally negotiated. City Attorney Ansbro clarified that we are not discussing elements of the Settlement Agreement. Mayor Flury opened the Public Hearing. Zachary Adams, 837 Argonaut Isle, said this agreement was entered into carelessly by the City and Broward County because the FAA never gave any indication that they would approve the Settlement Agreement. He is opposed to giving anybody any additional time. The FAA has no intention of moving forward with the Agreement that was laid out, and we should revert back to the original 1995 Interlocal Agreement, which would protect the City. Gary Luedtke, 4461 SW 34 h Drive, asked who needed the extra time and asked for the status of the negotiations with the FAA. City Attorney Ansbro responded the FAA letter was very detailed, citing a lot of Federal Aviation regulations. He noted that both the City and the County want additional time to persuade the FAA that the proposed Agreement should be upheld. Commissioner Castro clarified she does not disagree with Mr. Adams to revert to the original 1995 Interlocal Agreement. She further explained that the reason our Agreement works this way is because we brought an action against the County. The FAA is not a party of that action, but they govern the Airport. Commissioner Castro noted that entering into the Agreement was subject to litigation over the original Interlocal Agreement. She encouraged everyone to seek counsel for interpretation of the original Interlocal Agreement. Commissioner Castro stated that, as a homeowner, she is not in favor of the original Interlocal Agreement, and returning to it would only get us operational restrictions for a short period of time. She noted that if the proposed Settlement Agreement does not work out with the FAA in the next 30 days, her intention would be to void the Agreement, go for the injunction and continue litigation. Randy Wright, 4391 SW 30' Lane, noted that the FAA stated they do not own the noise, the County does; therefore,the FAA has no reason to negotiate the Agreement. Jack McGinnis, Melaleuca Gardens, requested a copy of the FAA letter. Commissioner Castro noted the letter is posted on the City website, under Airport Hot Topics. Linda Sacco, 4481 SW 38 h Terrace, is in favor of the time extension. Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public Hearing. Commissioner Castro motioned to adopt Ordinance #2012-007, on first reading, with the removal of Section 2; seconded by Commissioner Grace. The motion carried on the following 5-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor McElyea Yes Commissioner Duke Yes Mayor Flury Yes Commissioner Grace Yes Minutes of First Public Hearing 2 Airport Settlement Agreement Amendment Dania Beach City Commission Thursday,March 15,2012—7:00 p.m. 4. Adjournment Mayor Flury adjourned the meeting at 7:14 p.m. ATTEST: CITY OF DANIA BEACH LOUISE STILSON, CMC PATRICIA A. FLURY CITY CLERK MAYOR Approved: March 27, 2012 e�o���S F,�ro�r AnD Minutes of First Public Hearing 3 Airport Settlement Agreement Amendment Dania Beach City Commission Thursday,March 15,2012—7:00 p.m.