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HomeMy WebLinkAboutR-2015-041 - Urged Broward County to Expedite Soundproofing & Other Actions called for in the 2013 Airport Settlement Agreement RESOLUTION NO. 2015-041 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, URGING BROWARD COUNTY TO EXPEDITE SOUNDPROOFING OF RESIDENTIAL PROPERTIES AND OTHER ACTIONS CALLED FOR IN THE 2013 AIRPORT SETTLEMENT AGREEMENT EXISTING BETWEEN THE CITY OF DANIA BEACH AND BROWARD COUNTY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Fort Lauderdale-Hollywood International Airport is owned by Broward County and operated by the Broward County Aviation Department(`BCAD"); and WHEREAS, flight operations at the Airport generate significant levels of noise in residential neighborhoods of the City, which affect City residents' quality of life and property values; and WHEREAS, the City and County entered into an Interlocal Agreement in 2013 ("2013 Interlocal Agreement") which resolved all outstanding litigation between the City and the County regarding expansion of the airport's South Runway, and put into effect certain noise abatement and mitigation measures to address noise impacts on the residents of the City occasioned by the expanded South Runway; and WHEREAS, the County agreed to implement a series of measures designed to mitigate airport noise impacts on residents of the City, including sound insulation of approximately 1,706 houses, and voluntary sales assistance and "Conveyance and Release" programs to residents in the 65 DNL noise contour (collectively referred to in this Resolution as the "County's Noise Mitigation Plan"); and WHEREAS, in exchange for that commitment by the County, the City agreed in the 2013 Interlocal Agreement not to oppose or otherwise challenge identified Airport projects, specifically, the expansion of the South Runway and certain terminal improvements, and to assist the County by facilitating open and regular communications with City residents and by providing the County with information to assist in the efficient and effective implementation of the County's Noise Mitigation Plan; and WHEREAS, the project schedule described in the "County's Noise Mitigation Plan", amended and adopted by the Broward County Board of County Commissioners on October 23, 2012, states that "[T]he Voluntary Sound Insulation Program is structured so that the County will substantially complete the sound insulation of all eligible structures located within the 65+ DNL noise contour by the time Runway 9R/27 becomes operational" and the plan further states that"[T]he County will maintain a goal of insulating approximately 400 homes per year"; and WHEREAS, only 121 of the 961 eligible homes within the 65+ DNL were sound insulated before Runway 9R/27 was operational and the current pace of the sound insulation program only allows for completion of twenty-four(24)homes per year; and WHEREAS, during the past eighteen (18) months, it has become evident that BCAD is not implementing the County's Noise Mitigation Plan in a timely and efficient manner, specifically: • The process to sound insulate a home by Broward County is a protracted and lengthy process to complete; • Only 121 homes have been completed and 89 homes are under construction, to date, of the 1,706 homes eligible for sound insulation. Furthermore, hundreds of homeowners have not yet been invited to participate in the sound mitigation program; • Several delays from procedural revisions to the programs have occurred without adequate information being provided to the affected homeowners and without corresponding action by Broward County to rectify the delays to the construction schedule; • Even though hundreds of homeowners are eligible and ready to proceed in the sales assistance and "Conveyance and Release" programs, Broward County has been delayed in its implementation of them, such that homeowners who sold and are selling their homes during this delayed period have lost or will lose the opportunity to participate and cannot regain these benefits; and WHEREAS, the delayed implementation of the sound mitigation programs has left Broward County homeowners and Dania Beach residents exposed to unmitigated airport noise that has severely compromised their living conditions and their quality of life, and WHEREAS, the implementation of the sound mitigation programs adopted in the County's Noise Mitigation Plan is now behind schedule and the related implementation processes must be expedited and streamlined in order to adequately provide homeowners and residents with the much needed benefits that were negotiated in the Settlement Agreement, and 2 RESOLUTION#2015-041 WHEREAS,the City is entitled to implementation of the elements of the 2013 Interlocal Agreement and the County's Noise Mitigation Plan in particular, and desires to see City homeowners receive the benefits under that Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing "Whereas" clauses are true and correct, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the City Commission of the City of Dania Beach, Florida, encourages and urges the Broward County Commission to implement the County's Noise Mitigation Plan in an expeditious and inclusive manner so that all affected City residents receive the benefits to which they are entitled under the Agreement on a timely basis. Section 3. That the City Clerk is directed to send a certified copy of this Resolution to U.S. Senator Bill Nelson, U.S. Senator Marco Rubio, U.S. Congresswoman Debbie Wasserman-Schultz, U.S. Congressman Alcee Hastings, Tim Ryan, the Mayor of Broward County, the Board of County Commissioners, the County Administrator, the Director of Aviation for Broward County's Aviation Department, the United States Department of Transportation, the Director of the Federal Aviation Administration, the Director of the Florida Department of Transportation, the Broward League of Cities and to the municipalities of Fort Lauderdale, Davie, and Hollywood. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. 3 RESOLUTION#2015-041 Section 5. That this Resolution shall be in full force and effect immediately upon its passage and adoption. PASSED AND ADOPTED on April 28, 2015. ATTEST: -- C f LOUISE STILSON, CMC MAP,,406 k SALVINO, SR. CITY CLERK M OR APPROVED AS TO F AN CORRECTNESS: THOMAS J. RO CITY ATTORNEY 4 RESOLUTION#2015-041