`City of Dania Beach

Airport Advisory Board March 24, 2011 Page 1 of 5

`City of Dania Beach Airport Advisory Board

Minutes Regular Meeting

Thursday, March 24, 2011 7:00 P.M.

1. ROLL CALL Jay Field, Chairperson Present Bob Mikes Present Mike Grady Unexcused Daniel Joe Payne Present Christopher Johnston Present Patrick Phipps Present Shaun Koby Present Linda Sacco Present Beulah Lair Unexcused Rae Sandler Present Mark LaRocca Present Dick Sokol Unexcused Jocelyn Lummis Unexcused Clive Taylor Unexcused No one on the Board called to be excused from the Regular Meeting of March 24, 2011 and therefore, Mike Grady, Beulah Lair, Jocelyn Lummis, Dick Sokol and Clive Taylor are considered “Unexcused”. Rae Sandler came in a few minutes late. David Clark resigned from the Airport Advisory Board. Next meeting will have new members appointed to this Board and also elect a new Chairperson. 2. APPROVAL OF MINUTES 2.1 REGULAR MEETING of February 24, 2011 Motion made by Shawn Koby and seconded by Daniel Joe Payne to approve the minutes

of February 24, 2011. Motion passed unanimously. 3. DISCUSSION 3.1 Draft of next newsletter mailing (Draft edits made by Bob Daniels with some

editorial comments) The Board reviewed the DRAFT of newsletter. Robert Daniels, Director of Community

Development discussed with the Board that he would like to devote more time in preparing the newsletter as the City Commission has asked that in this newsletter to explain simply the Noise Mitigation Plan which is a large document and there is one page to explain the plan. The biggest challenge will be getting it approved by the City Commission for the April 12th meeting then getting it to the printer and mailed to residents before the County Commission meeting which is on April 26th. Chairperson Field asked the Board for any further discussion about the newsletter. Shawn Koby made a suggestion to make sure all the residents in the impacted area are getting the newsletter. The Board needs to find out what areas and residents who are receiving the newsletter and broaden the distribution area. Mark LaRocca also stated that the Board is looking at an area in the 65 DNL line, but BCAD has squared


off the neighborhoods and that might be the reason all residents are not receiving the newsletter. Mr. Daniels said all the residents in the impacted area should receive the newsletter and will review this issue with City Commission. Bob Mikes suggested that the newsletter needs a graphic that would jump out so that the resident will look at it and not throw it in the garbage as junk-mail and that the newsletter needs to look the same so the resident so they will know it is the newsletter. Further, when referring to the “Runway”, let’s use the wording “South Runway Expansion Project” instead of “Runway Project”. Patrick Phipps suggested that the newsletter should have the same language as the Interlocal Agreement.

Mark LaRocca – There are people in the audience from Ocean Waterway Mobile Home Park and it is my understanding that they had a contract for sale in the Waterways and when the purchasers heard about the runway they backed out of the contract. Rae Sandler said homes are selling in Melaleuca Gardens that have been on the market for a few months, so it depends where you live.

Joe Rupert, 4424 SW 27 Avenue – The survey, was supposed to go out with a designator of what area it was coming to. Mr. Daniels commented that the survey firm coded it by neighborhood so that the residents are provided privacy and when the envelope is returned, the company will know where the surveys come from. Mr. Rupert further stated that the residents around him are waiting to have the County come in and buy them out. The residents don’t understand what is happening with the airport. He said that he prefers the County to buy his home and relocate. The pilot program is going forward irrespective of the survey, said Bob Daniels. Mr. Daniels explained that the hope is for the responses of the surveys will give the City Commission an avenue to negotiate with the County Commission but the surveys will not stop the expansion.

Shaun Koby first stated that he does not specialize in property law, but he is reviewing an in-depth review on inverse condemnation and eminent domain so in a next few weeks a memo will be prepared for the Board on what he learned about those subjects. Secondly, he recommended that a live plane should fly over the homes, set a date and time so that the residents will hear the impact of noise over the homes. He asked that staff make sure the Interlocal Agreement is on the City of Dania Beach’s website.

4. SUB-COMMITTEES Legal Sub-Committee, Chairperson, Shawn Koby stated that the City lost the Motion of

Rehearing at the appellate level in DC. The City has a hearing on May 10th in the Circuit Court case in Broward County and believes the County will prevail on the action. When the City sued in 1995, the issues with the Interlocal Agreement still remain and the City Commission will have to decide whether to file another lawsuit against the County should the Interlocal Agreement case fails. Mr. Koby does not believe the Interlocal Agreement will stand because of a few conditions: There is an “Impossibility of Performance” clause which is a legal concept that basically says that if you enter into a contract in good faith and if there is something out there that would make it impossible to fulfill your obligations, then that contract will be voided. One of those things is the FAA, and Broward County and the City of Dania Beach can’t do anything about the FAA. Second, Broward County can argue that the Interlocal Agreement was based on a disagreement over a proposed runway


expansion and the parameters of that expansion are laid out in the settlement agreement. There is a different conflict now because the parameters of the construction have changed. So in essence, there is a different disagreement which might have a lot of weight. Third, the agreement says that Broward County cannot start construction on the south runway expansion unless all conditions are met. If the court rules in the City’s favor that would put Broward County completely in a position not to build the runway if the FAA does not agree with the restrictions which he doesn’t believe that a court would agree to that from a legal perspective.

Environment Sub-Committee, Linda Sacco stated that on March 1st U.S. Army Corp of Engineers sent out a public notice (which is on the City’s website) and is in the process of getting its permits, and the public has until March 31st to request a Public Hearing if they wish. She stated that she will be sending a letter requesting a public hearing because on page 5 there are approximately 19 acres of wetlands and mangroves that will be destroyed as well as using some of West Lake Park. This is what is going to be proposed by the government. Page 7, Essential Fish Habitat refers to proposed mitigation to West Lake Park to replace habitat loss and ecological productivity at the proposed project site. It continues on to say that “Our final determination relative to project impacts and the need for mitigation measures is subject to review by and coordination with the National Marine Fisheries Service”. Therefore, it is her plan to write a letter requesting a Public Hearing for the fish habitat. Bob Mikes mentioned that habitat protection act is a legacy; the community had better environmental protection years ago and can be used because that is an extremely environmental sensitive area that has been mitigated at West Lake. So the Army Corp might be the best bet to contact to request a Public Hearing. The letter goes to the District Engineer within the designated time. Second, Ms. Sacco continued, at the last meeting a motion was made for a copy of the Noise Study. She stated that the Board only received a memo and should have a copy of the noise study.

Aviation Sub-Committee, Chris Johnston stated the 60% design plans are now available at the Broward County office and also the engineer’s report which runs in parallel with the design plans which each Board member should have a copy of that package. The 30% design plan which was available in August is the plan showing the 65 feet elevation being an additional 20 feet from the original plan. In the ROD it does not mentioned the 65 feet elevation and is outside of the scope of the ROD and maybe outside of the EIS in what was used in determining the impact around the runway. The City should make sure that the FAA complies with the ROD. Jay Field was going to find out how to handle getting a letter to the FAA. Shaun Koby mentioned to do a workshop with the City Attorney to discuss this matter. Chris Johnston also commented that the Boeing 777 is the largest aircraft that would land on the runway and is very concerned about this aircraft with a wide body landing on the new runway. Additionally, Mr. Johnston commented that the night time flights should be restricted.

5. UNFINISHED BUSINESS Jay Field asked about the status of the survey. How many have responded and is there

going to be another survey mailed out? Mr. Daniels responded that there will be


one mail out in order to make the survey work in the appropriate time frame needed. The deadline, March 27th for response is a deadline not set in stone as some of the folks are meeting with Commissioner Castro and having small individual meetings to discuss the survey. Staff contacted BKL about the deadline and they will follow up with the folks that did not make the deadline. They are a professional firm and know how to do this type of process. Jay Field would like report back by email from staff to the Board regarding the responses. Mr. Daniels said that the City will get a report with the percentage of the number of responses.

6. NEW BUSINESS 6.1 Mark LaRocca - Requested that the Airport Advisory Board recommend to the

Dania Beach City Commission that an Airport Advisory Board member be allowed to attend the City / Airport mediation meetings. Mr. LaRocca noted that mediation is not public under court rules if an agreement is reached then there will be a public process for approval at the City Commission. He said that he thought the mediation meetings were open to the public and found out that it is not so. The City Commission voted that Commissioner Castro be the point person to attend the mediation meetings. He recommends that more than one person should attend these meetings to represent the City as well as the City Attorney, City Manager and some other City Staff including Mr. Daniels. It is important that the City sends the best team to the mediation meetings so the residents of this community get the best representation. Mark LaRocca made a motion for Robert Daniels and the City Manager to attend the mediation meetings and Shaun Koby seconded the motion. Rae Sandler and Chris Johnston voted “No”.

6.2 Bob Mikes - Requested the County or the City to have a baseline health

survey/study for the impacted neighborhoods. Over the years the noise mitigation has improved on aircraft, and has brought the noise contours closer to the airport. The impact from the emissions has become significant and the small particles have become significant where residents are breathing those particles 24 hours a day. It’s time to start doing this kind of study as it has not been done before. Rae Sandler said there was one done in Chicago, IL. Linda Saccco said there was a similar one done in the Boston area. Mark LaRocca stated that he agrees and if the Broward County does not want to do this study that the City should find out what the cost would be to have the study done. Dan Payne asked how would the parameters be determined for the study? Bob Mikes said that the neighborhoods of the impacted areas would be squared off and a survey asking questions would be sent to the residents about their health and how long they have lived there, etc. You would have to have a company that specializes in this kind of study be involved. Motion was made by Bob Mikes to have a baseline health study made for the airport expansion impacted areas and Shaun Koby seconded the motion. Motion passed unanimously.

Jay Field recommends that every board member should make an effort to go to speak to each County Commissioner and give statistics and information about the airport expansion so that they will have a better understanding and what you expect from the County. He continued to say that this Board is very educated about this matter


and every member should go down to speak with them. Bob Mikes recommends that you put it in writing before you go to speak with the Commissioner and make it simple. Set some priorities that are important to you. Linda Sacco does not recommend each board member to go individually without an agenda in common. Mark LaRocca recommends that the Board have a workshop regarding this matter so we can send the same message to the County Commission.

Patrick Phipps stated that the lack of concern with this Board where the “The Sunshine Law” issues might be violated is a concern for him. For example, members have paired off and gone to meetings to get information which might violate the Sunshine Law. He continued to say that this Board has the potential of 15 members and not all the members come to these meetings and those that do not come should be removed. This Board is very important to the community and needs members that are interested in the airport expansion. Each City Commissioner appoints three people to this Board.

Bob Mikes and other board members are requesting for a single event contour with a live MD88 aircraft to fly over the impacted areas. Mark LaRocca asked Mr. Daniels to follow up with Kent George on flying over the areas. Rae Sandler mentioned that when Mr. George said that he would consider doing a fly over at the meeting he told her later that “there is no way that would happen.” Mr. Daniels said that he would contact BCAD to see if there is any merit to what Mr. George said at the meeting, and if he says yes to this, then Mr. Daniels will check on the cost of a single event. Bob Mikes commented that a simulated diagram not actual would be easier to get accomplished.

Linda Sacco – some of the people on this Board is also on the Airport Noise Abatement Committee (ANAC) which meets every three months. Could those members report back to this Board as both groups discuss the airport issues.

Meeting adjourned at 9:32 PM APPROVAL ________________________________ JAY FIELD, CHAIRPERSON ______________________ Dated

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