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2001-12-12 ARC Agenda PacketCITY OF MENDOTA HEIUHTS December 12, 2001 -- Large Conference Room Call to Order - 7:00 p.m. 2. Roll Call Approval of November 14, 2001 Minutes 4. UnSnished and New Business: a. Mr. Kosel and Mr. Heide: Discussion of Rogers Lake East Issue bI Update on Airport Noise Video Progress Acknowledge Receipt of Various Reports/Correspondence: a. Letter from Michael A. Kosel, Rogers Lake East Airport Noise Reduction Committee to Jeffrey Hamiel, Metropolitan Airports Commission, dated November 20, 2001 b. Letter from Michael A. Kosel, Rogers Lake East Airport Noise Reduction Committee to Roy Fuhrmann, Metropolitan Airports Commission, dated November 28, 2001 c. Letter from Michael A. Kosel, Rogers Lake East Airport Noise Reduction Committee to Jeffrey Hamiel, Metropolitan Airports Commission, dated November 30, 2001 d. Metropolitan Airports Commission: September 2001 Minutes and December 2001 Agenda e. Eagan Airport Relations Commission Agenda for December 3, 2001 £ Airport Noise Reports 6. Other Comments or Concerns Public Comments 8. Adjourn Auxiliary aids for persons with disabilities are available upon request at least 120 hours in advance. If a notice of less than 120 hours is received, the City of Mendota Heights will make every attempt to provide the aids. This may not, however, be possible on short notice. Please contact City Administration at (651) 452-1850 with requests. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AIRPORT RELATIONS COMM 3-1vN MINUTES November 14, 2001 The regular meeting of the Mendota Heights Airport Relations Commission was held on Wednesday, November 14, 2001, in the Large Conference Room at City Hall, 1101 Victoria Curve. The meeting was called to order at 7:00 p.m. The following Commissioners were present: Scott Beaty, Ellsworth Stein, Liz Petschel, John Roszak, Gregg Fitzer and VernEdstrom. Staff present: City Administrator Carrie Lindberg, Administrative Assistant Patrick C. Hollister and Recorder Bonita Sullivan. Ms. Sullivan took the minutes..: r Not Present_ Commissioner Joseph Leuman, MINUTES Chair Beaty stated that on page 3, sixth paragraph beginning with 'City Administrator Lindberg stated', last sentence references 'involvement with the MAC', should read MASAC. Commissioner Petschel expressed her appreciation stating that the minutes were done exceptionally well and thanked Ms. Sullivan for doing a good job in capturing the content of the meeting. Commissioner Edstrom moved to approve the October 10, 2001 minutes. Commissioner Petschel seconded the motion. AYES: 6 NAYS: 0 Presentation None Unfinished[New Business A. Update on Airport Noise Video Administrative Assistant Hollister stated that on October 29, 2001, he and Commissioner Edstrom went with Dennis Raftery ofNDCTV to the airport to get live footage of the airport and its operations for the airport noise video. He explained that they met with Roy Fuhrman, Chad Leqve and Scott Scramstead of the Metropolitan Airport Commission Commission Meeting- November 14, 2001 Mendom Heights Airport Rel=iom Commission discussed the request to adjust the noise contours to include the neighborhood for insulation eligibility. He referenced the handout provided to the Commission for their review. Chair Beaty stated that one item he has learned from this is that Mr. Heide has a good, solid understanding of the issues and he was very impressed with how organized Mr. Heide was for the meeting. Commissioner Petschel asked about Mr. Heide's background and experience. Administrative Assistant Hollister stated that they are not sure of his background and agreed that he is very sharp and well organized. Chair Beaty stated that the bottom line is that these individuals may have some legitimate concerns regarding the methodology that the Airport is using to compile their information. City Administrator Lindberg stated that she asked the Committee what their purpose is for requesting placement of the ANOM and said she was told it was basically to prove that the Airport data is wrong. Administrative Assistant Hollister noted that Mr. Fuhrman and Mr. Legve stated that if is not their methodology but that it is a methodology they are mandated to use by the FAA He explained that they tried to convey that they are not the bad guys and the Committee would not be able to win this issue due to the fact that it is a Federal agency. Chair Beaty noted that one item they continued to ask is to move the ANOM meter into their area and he does not think this is an unreasonable request._ He stated that it is obvious that the Residents are having problems with the noise levels in their neighborhood and the Metropolitan Airport Commission needs to try and resolve the problem. Commissioner Petschel stated that McDougal did present this request to the Metropolitan Airport Commission at the Part 150 Conference. Commissioner Edstrom stated that one of the easiest outs would be to state that they have agreed to add that block to the 160. Commissioner Roszak explained that it would then become a Federal issue. Commissioner Roszak asked if they could recommend to the City Council that the MCPA be brought into the area to do testing. Chair Beaty stated that he wasn't sure if their equipment or software would be compatible in measuring the same things the current ANOM measures. Commissioner Stein asked about the moving costs and if the City furnished the poles for the meters. Administrative Assistant Hollister stated that he is not sure of the costs adding that he didn't think the City furnished the poles for the meters. Commission Meeting, November 14, 2001 Liendom Heights Airport Relations Commission City Administrator Lindberg stated that the intent for inviting them to the next meeting would be to clarify what their issues are in order for the Commission to be able to determine what support could be provided and then determine the next step in the process. Administrative Assistant Hollister asked Chair Beaty if the neighborhood got their meter would it change things or reveal new information. Chair Beaty stated that he didn't think that moving the ANOM meter would help noting that if they can find and prove that the ANOM system is flawed this information could help many in the area. Commissioner Roszak asked if one of the plans would be to get the politicians involved and he agreed that the ANOM meters are not going to do much for them. City Administrator Lindberg asked the Commissioners if they want to invite them to the December 1T 2001 meeting. Administrative Assistant Hollister suggested waiting for the January 2002 meeting. Commissioner Petschel stated that she would like the group to provide their presentation .. -. ,.. in writing prior to the meeting for Commission review. City Administrator Lindberg stated that they would offer an invitation for them to present at the next meeting and clarified the intent of the Commission. She stated that they would also ask them to provide the Commission with a copy of their presentations for review prior to the meeting. Commissioner Edstrom clarified his understanding of the intent for Mr. Kosel and Mr. Heide's presentations with the Commission. Chair Beaty clarified that Mr. Heide has more than the noise concerns that could be presented. City Administrator Lindberg stated that she would call Mr. Heide and explain that their interest is in the information that was presented at the last meeting and the Commission would like him to attend the next meeting to clarify the information. The Commission agreed by consensus to extend an invitation to Mr. Heide and Ntr. Kosel to attend the December 12, 2001 meeting. Administrative Assistant Hollister reviewed the parallel issues and concerns conveyed by both l�fr. Heide and Mr. Kosel. He explained that it is a chain process that determines �vho gets the insulation. He stated that there are several points of attack noting it would be Pod to receive a concise summary of their issues for Commission review to help determine how they can cohesively go about providing support to them. City Administrator Lindberg clarified that they would make it very clear to Mr. Kose1 that the intent is to hear thew concerns clearly in order for them to determine the direction of support the Commission could provide or suggest. Commission Meeting -November 14, 2001 Mrndota Heights Airport Relations Commission process and noted that it is a question as to when they should update the equipment and data. OTHER COMIVIENTS OR CONCERNS Chair Beaty asked the Commission for comments. Commissioner Rosz stated that they have discussed having a holiday gathering for Commission members and spouses noting that he would like to host the gathering this year. The Commission agreed by consensus that this would be a great idea. City Administrator Lindberg asked if they would like to decide on a date. The group decided on Saturday, December 15, 2001 at 6:00 p.m. Chair Beaty asked if City Administrator Lindberg had everyone's email. Everyone provided her with an update of his or her email addresses. Chair Beaty stated if there was no further discussion he would move to adjourn. The Commission had no further comments. Chair adjourned by Executive Fiat. AYES: NAYS: The meeting adjourned at 8:21 p.m. Respectfully submitted, Bonita Sullivan TimeSaver Off Site Secretarial, Inc. CITY OF MENDOTA HEIGHTS MEMO December 6, 2001 TO: Airport Relations Commission FROM: Patrick C. Hollister, Administrative Assistant SUBJECT: Discussion of Rogers Lake East Issue With Mike Kosel and Guy Heide Discussion At the request of Chair Beaty, Staff has invited Mr. Kosel and Mr. Heide to attend the December 12, 2001 ARC meeting to discuss their issues with the MAC regarding noise contours. Action Required Discuss the Rogers Lake East issues with Mr. Kosel and Mr. Heide. CITY OF MENDOTA HEIGHTS MEMO December 6, 2001 TO: Airport Relations Commission FROM: Patrick C. Hollister, Administrative Assistant SUBJECT: Update on Airport Noise Video Progress Discussion Dennis Raftery of NDCTV reports that Dave Nimmer has now recorded the voice-over for the video, and that he did an excellent job. Mr. Raftery is still optimistic that the video can be completed by the end of this year. Rumors that the MAC would not allow is to use the Part 150 video have proven to be false. Staff will provide an additional update on video progress on Wednesday evening. Action Required This is an information item only. November 20, 2001 Rogers Lake East Airport Noise Reduction Committee c/o Mr. Michael A. Kosel 889 Bluebill Drive Mendota Heights, MN 55120 Phone: 651 �56-9512 Mr. p'olitan Airports Commission 280' Avenue South avolis, MN 55450 Dear Mr. Hamiel: This letter will follow up on our brief discussion yesterday afrer the MAC Commission meeting. On Tuesday, October 16, our Committee met with two representatives of the Metropolitan Airports Commission (Roy Fuhrmann and Chad Leqve) in a good faith attempt to correct mapping errors in MAC's 1996 Part 150 noise contour map. (This 1996 noise contour map determined which homes qualified for MAC home insulation program.) Regrettably, no progress was made at this October 16 meeting. Our cause of action will therefore need to be pursued in another forum to obtain relief and redress the injustice done to homeowners in Rogers Lake East. This letter will request documents and responses that will determine future action by our Committee. FIRST REQliEST MAC's incorrect 1996 noise contour map was developed in 1992 (according to the presentation made by your staff). We request a copy of the entire Part I50 submission made by iv1AC at that time (presumably in 1992) which contained the false 1996 noise contour map. BACKGROUND TO FIRST REQUEST Buried in the current drafr 1-t CFR Purt 150 Update is an admission that the 1996 noise contour map was wrongly drawn. The admission is made on page 3-27 where it discloses that humidiri was not included in preparing the 1996 noise contour map (submitted in 1992). If humidiri had been included, the 65 dB DNL contour would have increased by 13.1 %and the 60 dB DNL contour increased by 17.6%. These are massive mapping errors! Page Two November 20, 2001 Rogers Lake East (our community) is located on the border of this wrongly drawn 1996 65 dB DNL contour boundary. Due to this mapping error, homes in Rogers Lake East deserving of insulation (due to being wrongly placed in the 60 dB DNL contour) were not insulated by MAC. At the recent October lb meeting, your representatives refused to correct MAC's mapping error in the 1996 65 dB DNL contour. In effect, your staff is refusing to insulate homes that should have been included in the 1996 65 dB DNL contour if MAC had correctly drawn the map. This mapping error raises serious questions. Presumably the error -ridden 1996 noise contour map was the 5-year extrapolation or projection from a 1991 map (as required by FAA regulations). It follows that if the 1996 map was wrong, then the 1991 map on which it was based was also wrongly drawn. The ANOMS system of noise monitors was installed in 1991 and became fully operational by 1993. Your submission in 1992 of the inaccurate 1996 noise contour map was concurrent with the ANOMS startup. While ANOMS is not used to draw noise contour maps, it has been used to validate these maps. This leads to the following questions: 1. Did the ANOIvfS system catch the mapping error and if so, when? 2. MAC has described the ANOMS system as "one of the most sophisticated in the world" (in your letter to Senator Wiener of August 2, 2001). Thus the ANOMS system, if it were as good as claimed, would have detected these major mapping errors, certainly by the year 1993 at the latest. When you and your staff detected the mapping errors, were Chairman Nichols and the Board of Commissioners informed? 3. If the ANOMS system did NOT catch the mapping errors, when did NIAC first become aware that the 1996 noise contour map was a false map and not "true and complete" as required by FAA regulations (Pan 150, Subpart B, 150.21 [e])? Did you then promptly notify Chairman Nichols and the Board of Commissioners? 4. Why was the public never informed that the 1996 noise contour map is false? Was this a deliberate decision taken by you as Executive Director with the consent of the Board of Commissioners and its Chairman? Is this not a failure to represent the public interest that you and the Board are swom to uphold as fiduciaries of the public interest? As you may be aware, US Code Section 1001 provides that the making of false statements or covering up material facts in matters under the jurisdiction of the executive branch, subject that person to being "fined under this title or imprisoned not more than 5 years, or both." (Section 1001 [a] [3]) Such a person must do so `knowingly.' A copy of the entire Part 150 submission (that contained the false 1996 noise contour map) will contain the name of the MAC official who falsely swore that the 1996 noise exposure map contained therein was `true and complete." It will also Page Three November 20, 2001 contain the proof submitted to validate what is now admittedly a false 1996 noise contour map. Receipt of this requested document will provide guidance for future interrogatories/depositions. SECOND REQUEST We also request a complete copy of The Airline Operating Agreement dated January 1, 1999. BACKGROUND TO SECOND REQUEST Mr. Fuhrmann has famished our Committee Exhibit I from this document (which he refers to as the "1999 lease agreement"). Nigel Finney in his February 27 memorandum to the Planning and Environment Committee (labeled item 14) referred to this contract as the "Airline Operating Agreement dated January 1, 1999." I do not know why Mr. Fuhrmann and Mr. Finney refer to this contract with different titles. Exhibit I of this contract (Page 6 of 21) commits the signers of the contract "to insulate houses and schools within the DNL 65 and 1996 DNL 60 contours." Please note that the contract explicitly commits the parties to insulate houses in the "1996 DNL 60 contours." Your 1996 map placed Rogers Lake East in the DNL 60 contour. Therefore, our homes should be insulated per the wording of the contract's Exhibit I regardless of the merit and outcome of our claim that we should have been placed in the DNL 65 contour if the 1996 map had been correctly drawn. Inexplicably, MAC is not carrying out Exhibit I although, presumably, MAC also signed this contract. A copy of the entire Agreement is needed as other language in the Agreement could guide our pleadings, determining the Court with jurisdiction and the appropriate law that applies to the contract. The Agreement will also determine what standing our Committee has to enforce a contract to which it is not a signatory. We have placed our trust in the Metropolitan Airports Commission to represent the public interest. As is stated on MAC's website: "The chairman and 14 commissioners meet monthly to represent the interests of the community... " Suit may have to be brought against the Metropolitan Airports Commission to remedy its failure to obtain performance of the contract as fiduciaries of the public interest. RECAPITULATION OF DOCUiviENT REQL�STS The following rivo documents have been requested: L The final Part 150 submission to the FAA that contained the inaccurate 1996 noise contour map (we believe this to have occurred in 1992); 2. The complete Airline Operating Agreement dated January 1, 1999, Page Four November 20, 2001 The documentation can be mailed to the Committee at thea iesa shown above. If you call me at 651-456-9512 or call Guy Heide, our Secretary, at 651-454-7440, we would stop by your offices to pick up these documents. If you object to furnishing the documentation, it is our belief that the release of this information is covered by the Minnesota Government Data Practices Act. If you refuse to supply the requested documents, please supply the legal basis for your refusal. CONCLUSION As is evidenced in our past correspondence, Mr. Hamiel, our goal had been to resolve our grievance privately by good faith negotiations with the MAC. Regrettably, your intransigence has forced us to pursue a different venue, which will likely be expensive to both of us and may also subject these issues to the glare of publicity. Please know that this path was not of our own choosing but was forced upon us by your intransigence. Sincerely, Michael A. Kesel cc: MAC (Charles Nichols, chairman, alone with all 14 commissionzrs) Rov Fuhrmann, Director of Environment, MAC Chad Leqve, Manager —Aviation Noise &.Satellite Programs Charles Ivlertensotto, Mayor of Mendota Heights Cari Lindberg, Mendota Heights City Administrator Scott Beaty, Mendota Heights Airport Relations Committee Deanna L. Wiener, State Senator District 38 Wes Skoglund, Representative District 62B John Brandl, Dean of the Humphrey Institute of Public Affairs Representative James Oberstar, Ranking Democratic Member, House Transportation & Infrastructure Committee from Minnesota's 8a` District Cam. � li,✓� l�atwww'�1 ' .lA WN Mr. Roy politan Airports Commission 28a' Avenue South :apolis, MN 55450 Dear Mr. Fuhrmann: November 28, 2001 Rogers Lake East Airport Noise Reduction Committee c/o Mr. Michael A. Kosel 889 Bluebill Drive Mendota Heights, MN 55120 Phone: 651-456-9512 On October 16 you and Mr. Chad Leqve from MAC met with our Committee. The agenda for the meeting was based on our September 12 letter to MAC. Pages 5 and 6 of that September 121etter documented major internal inconsistencies in noise reports from MAC's ANOMS noise monitoring system. The internal inconsistency (or anomaly) is that MAC's `noise' reports do not track with the increase or decrease of airport `activity' in the Eagan/Mendota Heights Corridor (where our neighborhood is located). The inconsistencies are major, not minor. NLY 1999 VS DULY 2000 For example, departures increased 87%from July 1999 to July 2000. An 87% increase meant that departures in the Eagan/Mendota Heights Corridor almost doubled (from 5,615 to 10,481, almost 5,000 additional departures in July 2000). The ANOMS reports do not seem to detect this substantial increase. In the October 16 meeting you did not dispute that the ANOMS reports did not pick up tIle substantial increase in noise. But you did not agree with our conclusion that something is wrong with the ANOMS system. As stated in your October 22 follow-up letter to our Secretary, Guy Heide: "As we discussed last night, I do not share your belief or skepticism concerning the accuracy of the RMTs or the INM." YOUR EXPLANATION OF ANObIALIES Your response was to explain the anomaly as being due to the introduction of quieter jets (Stage 2 versus Stage 3 jets). This (if true) would explain how noise could go down or stay the same while activity increased. Page Two November 28, 2001 Attached is a statistical study examining the plausibility of your explanation. Using the data from your web site, a statistical analysis has been done with that data and with data from a PowerPoint presentation made to our Committee. Please review the study. Since you have attributed the noise reporting anomaly to quieter "jets", the analysis is based on jet activity. Note that the reduction in noise due to the retirement of Stage 2 jets in these months is miniscule. Based on this study, quieter jets do not appear to statistically explain the anomaly. To provide an additional comparison, the study also compares July 1999 to July 2001. Jet departures in the Eagan/Mendota Heights more than DOUBLED (from 3,959 to 9,454, almost 5,500 additional jet departures in July 200#rlAgain MAC's ANOMS system does not seem to detect what is a truly massive increase in noise. The increase from July 2000 to July 2001 is substantial (21% or 1,638 additional jet departures) but the ten ANOMS monitors report the identical totals (627.8 versus 627.9). It is as if the noise from the 1,638 additional departures never occurred. Before proceeding further, in fairness an opportunity should be given you to justify your position that quieter jets explain these anomalous noise reports generated by the ANOMS system. We extend the courtesy to you to document and explain your statement to the Committee. CONCLUSION Unless we hear a scientifically acceptable explanation, it would be ow intention to appear at a future monthly meeting of the Metropolitan Airports Commission. A brief review of the internally inconsistent ANOMS would then be presented to the Commission (similar to what is in this letter). We would then request that the Commissioner exercise the powers granted him by Minnesota Statute Chapter 360 (Airports and Aeronautics), 360.015 (Commissioner, powers and duties), subd. 11 (Investigation and hearing). That statute gives the Commissioner power to hold investigations, inquiries and hearings with subpoena power. The public purpose behind this investigation would be to see if money spent on the ANOMS noise monitoring system has been money well spent. In your letter to Senator Wiener of August 2 you describe this as "one of the most sophisticated in the world." In our opinion, Commissioners (who have approved the money for the ANOMS system) and affected citizens should/will want to discover why ANOMS cannot pick up noise from thousands of additional jet departures in month to month comparisons. Page Three November 28, 2001 Please respond as soon as possible. If you elect to refuse to respond, please advise us (a phone call would be sufficient for that purpose) and we will proceed as outlined above. Sincerely, Michael A. Kosel Attachments (2—Ex}ubits A & B) cc: MAC (Chazles Nichols, chairman, along with all 14 commissioners) Jeffrey Harniel, Executive Director, MAC Chad Leqve, Manager —Aviation Noise & Satellite Programs Charles Mertensotto, MASAC Chairman and Mayor of Mendota Heights Cari Lindberg, Mendota Heights City Administrator Scott Beaty, Mendota Heights Airport Relations Committee_ Deanna L. Wiener, State Senator District 38 Wes Skoglund, Representative District 62B John Brandl, Dean of the Humphrey Institute of Public Affairs Representative James Oberstar, Ranking Democratic Member, House Transportation & Infrastructure Committee from Minnesota's 8t' District Page I of 4 November 28, 2001 EXHIBIT A Statistical Study of Anomalies in Reports from 11MAC's ANOMS Network for the Eagan/Mendota Heights Corridor Purpose: To prove or disprove the statement by Roy Fuhrmann, Director of Environment, Metropolitan Airports Commission that dismissed these anomalies as due to the introduction of quieter jets from one year to the neat. This statement by Mr. Fuhrmann was made at a meeting on October 16 with the Rogers Lake East Airport Noise Reduction Committee (a community in the Eagan/Mendota Heights Corridor). Nature of anomaly: ANOMS noise monitoring reports do not track with the increase/decrease in airport activity. The statistical comparisons below are based on the months of: July 1999 July 2000 July 2001. The study compares the reports from the entire subset of MAC noise monitors in the Eagan/Mendota Heights corridor with the subset of reported jet activity levels in the Corridor. I. ANOivIS REPORT TOTALS FOR THE THREE MONTHS IN QUESTION Monitor #13 414 915 #16 #21 #22 #23 #24 925 926 July 1999 July 1999 Total DNL Aircraft DNL 62.0 58.4 67.2 65.7 63.9 60.8 65.9 63.7 62.4 54.2 61.5 57.3 70.7 70.0 65.5 62.3 N/A* N/A* N/A* N/A* July 2000 Aircraft Ldn dBA 60.1 67.4 62.1 70.3 56.3 59.1 70.2 64.3 58.5 59.5 July 2001 Aircraft Ldn dBA 61.3 66.9 63.0 69.7 57.3 59.1 70A 63.8 58.2 58.2 SUB TOTAL 519.1 492.4 627.8 627.9 *Less #25 R, #26........................................ (118.0) (116.4) TOTALS 519.1 492.4 ** 509.8 51 L5 Page 2 of 4 November 28, 2001 * Monitors #25 and #26 did not operate in the Eagan/Mendota Heights Corridor until 2000, therefore they must be subtracted to make the totals comparable. ** In our letter to MAC dated September 12, 2001, discussing the anomaly, "Total DNL" was used for July 1999 when perhaps the "Aircraft DNL" total should have been used. For this analysis both "Aircraft )NU and "Total DNL" will be used for the July 1999 noise reports. The question arises because after July 1999 there was a change in the format of noise monitor reports. This question does not arise between the months of July 2000 and July 2001. II. JET FLEET COMPOSITION FOR MONTHS Ii t QUESTION July 1999 July 2000 July 2001 Stage II 3,500 (11.3%) 163 (0.5%) 163 (0.5%) Stage III 271396 (88.7%) 31,748 (99.5%) 327549 (99.5%) NOTE: The above totals are for the entire airport and not just the Eagan/Mendota Heights Corridor. For purposes of this analysis, departures in the Eagan/Mendota Heights Corridor are assumed to follow the same profile as the profile for the entire airport. III. NOISE GENERATION CALCULATIONS FOR THE EAGAN/1�IENDOTA HEIGHTS CORRIDOR Based on MAC's slide presentation for "Production Aircraft Noise Levels" the following noise values have been assigned for Stage II and Stage III jet departures (see E,Yhibit B for statistical basis for noise modeling): EPNdB Range Midpoint of Range (Average) Stage II 292-302 298 EPN dB/each departure Stage III 255-275 265 EPN dB/each departure July 1999 July 2000 July 2001 Total jet departures in Eagan/Mendota Heights Corridor: 3,959 7,816 9,454 Breakdown of above departures by aircraft type: Stage II departures 447 (11.3%) 39 (0.5%) 47 (0,5%) Stage III departures 3,512 (88.7%) 7,777 (99.5%) 9,407 (99.5%) Page 3 of 4 November 28, 2001 Converting departures to EPNdB using standards derived from MAC's chart: Stage II @ 298 EPNdB/ea Stage III @ 265 EPNdB/ea TOTAL NOISE/MONTH July 1999 July 2000 July 2001 133,206 11,622 14,006 930,680 2,0601905 2,492,855 1,063>886 2,072,527 2,506,861 NOTE: "Departures" have been considered in this analysis as it is agreed that they are more significant noise events than "arrivals." If some contest this omission, there were more jet "arrivals" in July of 2000 than in July of 1999 (8,268 in July 2000 versus 7,269 in July 1999) so the inclusion of "arrivals" would be additive to the July 2000 noise total and compound the anomaly. The number of jet "arrivals" in July of 2001 versus July of 1999 is roughly the same (7,134 in July 2001 versus 7,269 in July 1999), IV. ANALYSIS From July 1999 to July 2000 departure noise increased by ...........................+95% From July 1999 to July 2000 ANOMS noise monitors reported: If we use the "Aircraft DNL", totals increased by.....I ............... 0.....0.....+ 3.5% If we use the "Total DNL", totals decreased by...................4................. ( 1 . 8 % ) Analysis: while "noise" almost doubled, the ANOMS system in July 2000 reported statistically similar report totals as in July 1999 (either a slight gain or a slight reduction, statistically not that significant). From July 1999 to July 2001 departure noise increased by'.. ............ +136% From July 1999 to July 2001 ANOMS noise monitors reported: If we use the "Aircraft DNL", totals increased.... I .......... If we use the "Total DNL", totals decreased, .. * a 1 11. a.... a . a. , ". a'... , , '' P.... ... 6.. (L5%) Analysis: while "noise" more than doubled in July 2001 versus July 1999, the ANOMS system again reported statistically similar report totals in 2001 as in 1999 (either a slight gain or a slight reduction, statistically not that significant). The report for July 2001 is virtually the identical report as July 2000, although departures were significantly different in those two months. From July 2000 to July 2001 departure noise increased by..............................+21 From July 2000 to July 2001 ANOMS 10 noise monitors reported ............... no change Analysis: while "noise" increased significantly (+21%), the ANOMS system in July 2001 again does not detect the increase, but reports virtually identical totals! Page 4 of 4 November 28, 2001 V. SUMMARY 8i RECOMMENDATION 1. Mr. Fuhrmann is correct that Stage II departures declined by about 400 from July 1999, to July 2000 and also July 2001, but this is a small portion of overall departures and not statistically that significant. The attempt to dismiss the anomaly with this statement is disproved by the above analysis. The massive increase in Stage III departures in July 2000 and July 2001 dwarfs whatever minor noise reduction was obtained retiring Stage II jets in the interim. 2. ANOMS noise reports do NOT correlate with activity in the Eagan/Mendota Heights Corridor. The ANOMS system generated reports that appear to be predetermined to meet certain acceptable parameters. Either the ANOMS reports in July 1999 greatly overstated the noise levels, or the July 2000 and July 2001 ANOMS noise reports greatly understated the noise levels. Even July 2000 versus July 2001 (wherein there was a 2 1 % increase in departure noise) is not reflected in the ANOMS reports which are for all practical purposes identical! 3. One possible explanation for the anomaly is that there are "holes" in the ANOMS network of noise monitors. The Rogers Lake East Airport Noise Reduction Committee has made this case to MAC. The Chairman of MASAC, Charles Mertensotto, has stated that there are "holes" in this network. However, Mr. Jeffrey Hamiel (MAC's Executive Director) and Mr. Roy Fuhrmann (MAC's Director of Environment) have denied that there are "holes" in the ANOMS network. 4. An investigation by objective experts in this Feld should be undertaken. These experts should not have ties to the staff of the Metropolitan Airports Commission or to any of their subcontractors. Chairman Nichols, or a committee of Commissioners, should directly superintend the work of these experts to resolve these anomalies and the question raised as to whether the money spent on the ANOMS system has delivered what was promised and been wisely spent. Page 1 of 1 November 28, 2001 Determining Stage 2 versus tiYLaj; .Y Aircraft Noise Levels Basing Calcnla ions on MAC's Chart EXHIBIT B Cu lative Noise Level - PNdB N N N N N N N N W W '+•• O O fT O (n O (n N O N N M o o m Ov A O N r m c) y� o cmi 9 •9 - �r m �Ni o , � a n 9 t—+ N Ui EPNdB RangeRanQe Mid�int Stage 2 292-302 298 Stage 3 255-275 265 Note: The above midpoint or average has been fairly set, although it could be further refined if we had proportions of the various aircraft involved making up the class. Such refinements though would only involve some `tweaking' of the number (slightly higher or lower). The outcome of the study hinges on the number of departures and tweaking the average will not overcome the outcome of the study. November 30, 2001 Rogers Lake East Airport Noise Reduction Committee c/o Mr. Michael A. Kosel, Chairman 889 Bluebill Drive Mendota Heights, MN 55120 Phone: 651-456-9512 Mr. Jeffrey Airports Commission Avenue South is, MN 55450 Dear Mr. Hamiel: Last Friday, November 16, our engineer met with your staff to begin an independent analysis of noise contour maps in the current 14 CFR Part 150 Update. At that time, our engineer discussed the following data request with Chad Leqve of your staff: 1. The input files used by HNTB Corporation for the INM analysis in the new Part 150 Update; 2. Along with an index describing which computer files go with the corresponding exhibits in the new Part 150 Update. Our engineer has processed similar requests for Federal government data and our Committee's request is typical of such requests. CDs are the usual medium employed to fill these type of data requests. We have a CD-ROM drive and furnishing this data on a CD will also work best in our case. While Mr. Legve was most courteous when talking with our engineer, there did not seem to be a recognition on his part about the significance of our request. Our engineer did not want to argue the point as it is his intention to work cooperatively with your staff. However, to date we have not received the requested data and therefore we are unable to proceed. 1ViINNESOTA LAW Minnesota Statutes Chapter 13 (Data Practices) Section 13.03 (Access to government data) has the following general provisions: 1. "All government data" is public (with some rare exceptions for privacy, etc.). The point we would stress here is that "all" data is public, not just what an agency has released to the public. 2. Requests are to be filled in a "prompt manner." 3. After furnishing data, the citizen has the right to be informed by the agency of its meaning. 4. Electronic information can be made available in an electronic medium (such as a CD). Exhibit A (herewith) gives the specific citations. Page Two November 30, 2001 FAA Part 150 Regulations also refer to "interested parties" being given "the opportunity to substantiate the results" of noise contour map methodology (see 14 CFR, Appendix A, Part B, Sec. A150.103[a]). The ability of "interested parties" to confirm the results of a sponsor's noise contour is one of the "key factors" in obtaining FAA approval in that regulation. CONCLUSION Our intention in writing this letter is not to upset anyone at the Metropolitan Airports Commission. Our engineer does not want to be the source of controversy but he needs the data to proceed with the project. The purpose of this letter is to document our request for government data and ask for the prompt release of that requested data, Mr. Hamiel. If there are any questions, please do not hesitate to give us a call. We do not live far from your offices and if your office would give us a call at 651-456-9512 someone from our Committee would be available to pick up the data from the receptionist at the front desk. We look forward to a prompt response so that our work can proceed. Sincerely, Michael A. Kosel Attachment (Exhibits A) cc: MAC (Charles Nichols, chairman, along with all 14 commissioners) Roy Fuhrmann, Director of Environment, MAC Chad Leqve, Hanager—Aviation Noise & Satellite Programs, MAC Charles Mertensotto, Mayor of Mendota Heights Cari Lindberg, Mendota Heights City Administrator Scott Beaty, Mendota Heights Airport Relations Committee Deanna L. Wiener, State Senator District 38 Wes Skoglund, Representative District 62B John Brandl, Dean of the Humphrey Institute of Public Affairs Representative James Oberstar, Ranking Democratic Member, House Transportation & Infrastructure Committee from Minnesota's 8 s District Page l of 1 November 30. 2001 EXHIBIT A ivIINNESOTA STATUTES 2001 Chapter 13 "Subdivision i. Public data. All government data collected, created, received, maintained or disseminated by a state agency, political subdivision, or statewide system shall be public unless classified by statute... The responsible authority in every state agency, political subdivision and statewide system shall keep records containing government data in such an arrangement and condition as to make them easily accessible for convenient use.... "Subdivision 2. Procedures. (a) The responsible authority... shall... insure that requests for government data are received and complied with in an appropriate and prompt manner. "Subdivision 3. Request for access to data. (a) ... a person shall be permitted to inspect and copy public government data at reasonable times and places, and, upon request, shall be informed of the data's meaning... (b) ...In the case of data stored in electronic form... inspection includes remote access to the data by the public and the ability to print copies of or download the data... (e) The responsible authority of a state agency, statewide system, or political subdivision that maintains public government data in a computer storage medium shall provide to any person making a request under this section a copy of any public data contained in that medium in electronic form..." (a CD is the usual medium for electronic data) November 30, 2001 Rogers Lake East Airport Noise Reduction Committee c/o Mr. Michael A. Kesel, Chairman 839 Bluebill Drive Mendota Heights, NIIQ 55120 Phone: 651 456-9512 Mr. John Hensel Supervisor of Air, Waste & Transportation Units Minnesota Pollution Control Agency 520 Lafayette Road North St. Paul, MN 551554194 Dear Mr. Hensel: Thank you for your letter of November 21, which was recently received by our Committee. I believe you and I met briefly on the evening of October 8, Mr. Hensel, when I dropped off our original letter for Brian Timerson of your staff. This was during the strike. You were very helpful given that situation and I look forward to meeting you again. YOUR OFFER TO MEET We accept your offer to meet and I will contact you on behalf of the Committee to establish an appropriate time on Monday, December 3. An agenda for the meeting is attached herewith (see Exhibit A). We would appreciate Mr. Timerson being in attendance. FAA REGULATORY NIISSTATEMENTS IN YOUR LETTER OF NOVEMBER 21 As a supervisor in a state regulatory agency, you must appreciate the importance of correctly stating what the law or the regulations are. There are some regulatory misunderstandings in your letter that are often expressed by members of the staff of the Metropolitan Airports Commission (MAC). The similarities are such that your letter could have been drafted by a member of the MAC staff, as the letter makes the same regulatory misstatements. FIRST NIISSTATE1bIENT The letter states: "This method (INiV>) is the only way to calculate noise contours that is acceptable by the FAA in the implementation of the FAA Part 150 sound insulation program." (bold added) That the above is an inaccurate and misleading characterization of the FAA regulations can be seen from the following FAA regulatory excerpts: 1. From Part 150, Appendix A, Part B—Noise Exposure Map Development, Sec. A150.103 (a): Page Two November 30, 2001 "The airport operator shall acquire the aviation operations data necessary to develop noise exposure contours using an FAA approved methodology or computer program, such as the Integrated Noise Model (INM)..." (the clause then goes on to give the general parameters to approve methodologies, other than INM, note that INM is not the only permissible methodology) (bold added) 2. From Part 150, Appendix A, Part C—Mathematical Descriptions, Sec. AI50.1(b): "(b) This appendix provides for the use of the FAA's Integrated Noise Mode (INM) or an FAA approved equivalent, for developing standardized noise exposure maps and predicting noise impacts...." (note again that INM is not the only acceptable methodology) (bold added) 3. From Part I50, Subpart B—Development of Noise Exposure Maps, Sec. 150.21(2) (b): "Each map, and related documentation... must be developed and prepared in accordance with appendix A of this part, or an FAA approved equivalent..." (this reference does not even mention INM) (bold added) Please note that the FAA does not accept only INM to the exclusion of other possible methodologies. The FAA's regulatory purpose is to get a "true and complete" map and the sponsor has the responsibility to create that map. (I direct your attention to Exhibit B, herewith, which seems to detail that INM may have, its own problems.) I had a similar discussion with Mr. Hamiel (MAC's Executive Director) on November 19. Mr. Hamiel in that conversation incorrectly quoted the FAA as requiring '65 DNL contours drawn by INM.' When I informed him that he was wrong, I am not sure he believed me. I will copy him on this letter so Mr. Hamiel can read the actual FAA regulations, and if he still feels he is correct, he can correct me. But anyone reading the FAA regulations can see that the FAA has not dictated that only INM can be used to develop noise contour maps. MAC staff has a tendency to blame the FAA when MAC staff is questioned. Their position seems to be: `Don't blame me. Your problem is with the FAA.' However, it is unfair to blame the FAA (who is never present to defend itself) for problems created locally —by either advertence or inadvertence. WHAT ROLE DOES L 1M PLAY THEN? Perhaps the best analogy is that INM plays the role of what in legaUlegislative terms is called a `safe harbor provision.' When an agency such as the FAA promulgates a regulation (such as Part 150) they try to give the affected parties guidance on meeting the regulation. INM plays this role. If a sponsor of a noise contour map wishes, they can use INM and, if they use it correctly, they can have a reasonable expectation that the noise contour map will be accepted. INM is a `safe harbor.' Page Three November 30, 2001 But the FAA does not mandate that IN DQ is the only way to get a noise contour map approved. The statement in your letter that INM is "the only way" is a misstatement of the regulation. Bear in mind that the FAA does not take authorship of a noise contour map and certify its accuracy if the map's sponsor uses INM: From Part 150, Subpart A —General Provisions, Sec. 150.5(d) Limitations of this part: "(d) Acceptance of a noise exposure map does not constitute an FAA determination that any specific parcel of land lies within a particular noise contour. Responsibility for interpretation of the effects of noise contours upon subjacent land uses, including the relationship between noise contours and specific properties, rests with the sponsor or with other state or local government" (bold added) When a sponsor (such as MAC) submits a noise contour map they are required to make the following certification: 3. From Part 150, Subpart B—Development of Noise Exposure Maps, Sec. 150.21(2)(e): "(e) Each map, or revised map, and description of consultation and opportunity for public comment, submitted to the FAA, must be certified as true and complete under penalty of 18 U.S.C.1001." As you may be aware, Mr. Hensel, US Code Section 1001 provides that the making of false statements or covering up material facts in matters under the jurisdiction of the executive branch, subject that person to being "fined under this title or imprisoned not more than 5 years, or both." (Section 1001[a][3]) Thus if the MAC knew from its noise monitor reports that the noise contour map generated by INM was false, they could NOT submit that map to the FAA. They could not because they knew that the noise contour map was not "true and complete." Remember, MAC does not swear to the FAA that they used INM (INM is not a requirement as shown earlier), MAC swears that the noise contour map itself is "true and complete." To knowingly submit a false contour map (even one prepared by INM) would be perjurious. SECOND MISSTATEMENT Your letter states that noise monitor reports are: "not relevant because the noise contours used for the MSP Part 150 document do not use data obtained from the R114Ts." (bold added) Contrary to the impression given by MAC, FAA regulations do not preclude basing noise contour maps on noise monitor data, noise monitors are "relevant": 1. From Part 150, Appendix A, Part C—Mathematical Descriptions, Sec. A150.1(0): Page Four November 30, 2001 '(b) ... Noise monitoring may be utilized by airport operators for data acquisition and data refinement... Whenever noise monitoring is used, under this part it should be accomplished in accordance with See. A150.5 of this appendix." (bold added) Just as INM is not required, noise monitors are not a requirement. But the inclusion of noise monitor specifications in the FAA Part 150 Regulations is evidence of their utility in the Part 150 process and FAA's anticipation that noise monitor reports would/could be included in Part 150 submissions. Your statement, Mr. Hensel, is inaccurate because MAC DID USE noise monitor data in their Part 150 noise contour map submission and thus these monitor reports are legally °`relevant " In their application to the FAA, MAC uses noise monitor reports to validate the noise contour maps (see section 3.3 of their application). To the extent MAC noise monitors understate aircraft noise, to that extent they are being used to mislead the FAA to approve inaccurate, understated noise contour maps. MAC staff tends to describe noise monitors as uninvolved in noise contour issues whenever the accuracy of these reports is questioned. The impression is given: `MAC doesn't use these noise reports, we use INM, so why question noise monitor reports.' But when citizens complain about excessive noise, then MAC makes use of noise monitor reports. To the extent these reports are understated, to that extent the citizens of the State of Minnesota are being misled. I look forward to meeting with you and Mr. Timerson this coming Monday. Sincerely, Q5A Guy Heide, ecretary Attachments (2—Exhibits A & B) cc: MAC (Charles Nichols, Chairman, along with all 14 commissioners) Jeffrey Hamiel, Executive Director, MAC Roy Fuhrmann, Director of Environment, MAC Chad Leqve, Manager —Aviation Noise & Satellite Programs, MAC Brian Timerson, Noise Program Coordinator Metro District, MPCA Charles Mertensotto, Mayor of Mendota Heights Cari Lindberg, Mendota Heights City Administrator Scott Beaty, Mendota Heights Airport Relations Committee Deanna L. Wiener, State Senator District 38 Wes Skoglund, Representative District 62B John Brandl, Dean of the Humphrey Institute of Public Affairs Representative James Oberstar, Ranking Democratic member, House Transportation & Infrastructure Committee from Minnesota's 8ih District Page I of 1 November 30, 2001 AGENDA December 3, 2001 Meeting with NIPCA Staff 1. Mr. Timerson has stated: "An MPCA staff person accompanies MAC staff each time a RMT is calibrated" (letter to Roy Fuhrmann letter of September 27). • Does this program really exist at the MPCA? • Who is the MPCA staff person who does these calibrations, is it Mr. Timerson? • What is the frequency of these calibrations? In particular, how often would MPCA staff have checked Monitors 413 and #15 in the past 9 years since their installation. • Recently the site of Monitor #13 was improved, was this done by Mr. Timerson (he refers to this in his letter of September 27) After our meeting, our Committee can visit MAC offices where apparently the records of MPCA calibration checks are maintained/stored per your letter. 2. Your letter stresses the primacy of the FAA over MAC's operations. • While MAC's management of the airport is subject to the FAA, is not MAC a public corporation created by the Minnesota legislature and subject to the laws and regulations of this state? • Does not Minnesota Rule 7030,0060 ("Measurement Methodology") apply to MAC as a state agency? • Is MAC not subject to Minnesota regulatory law? Does MAC enjoy sovereign immunity from state regulations? 3. Mr. Timerson completely misstated our Committee's position in his letter to the MAC (the September 12 letter to Roy Fuhrmann). • How did Mr. Timerson arrive at such a completely erroneous conclusion? • Did Mr. Timerson have our letter to MAC of September 12 in his possession when he wrote his letter of September 12 to Roy Fuhrmann? 4. Mr. Timerson should now correctly understand our technical concerns about understated noise readings from Monitor #13 and #15. • Does Mr. Timerson now share our concern over the accuracy of these noise readings? • What did Mr. Timerson allude to when he stated in his letter of September 27: "the fact that its (trees, foliage) contribution to ground attenuation can not be considered..." (see the penultimate paragraph is his letter. 5. We will leave with the MPCA a statistical study that questions the accuracy of the ANOMS noise monitor system and any comments you might share on that study would be valued. This study will just be left with you. 6. Our Committee is searching for several reference books cited by the FAA in the Part 150 Regulations and if these books are available from your agency, we would appreciate consulting them. I will leave a list of these technical titles with you and this should take no time during the meeting. Page I of I November 30, 2001 EXHIBIT B Interested parties may wish to obtain this article which documents possible under -predictions by the INM noise model Noise Regulation Report Top Stories November, 2001 Field Evidence Growing that Computer Model Under -Predicts Aircraft Noise FAA's prediction tool, the integrated Noise Model (INM), could be under -estimating airport noise contours, according to ongoing validation studies. The agency is working with researchers and the Society of Automotive Engineers (SAE) aircraft noise committee to update the 20-year old methodology upon which INM is based, noise division manager Tom Connor told NRR. INM is the widely -accepted computer model for establishing airport noise contours, and in this country, for determining which neighborhoods are considered noise -impacted and which schools and residences are eligible for federally -approved and funded sound insulation. If NM under - predicts aircraft noise, then actual airport noise contours could be larger than...(... For the complete article, email BPI Customer Service at custserv(iUpinews.con or call 800-274-6737 to order this back issue.) Minneapolis -Saint Paul International Airport 6040 - 28th Avenue South • Minneapolis, MN 55450-2799 Phone (612) 726-8100 November 28, 2001 Cari Lindberg, Administrator City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 551184106 Dear Ms. Lindberg: Enclosed you will find the minutes from the September 2001 Commission meeting at which the preliminary 2002-2008 Capital Improvement Program (CIP) was approved for environmental and community review. Also enclosed is the agenda for the December meeting of the Planning and Environment Committee. At the meeting, the Committee will make a recommendation to the full Commission to approve a final version of the 2002-2008 CIP. Included with the agenda are pertinent Committee memos regarding the CIP. Sincer Robert J. Vorpahl, P.E. Program Development Engineer Enclosures RJV/Irk cc: Nigel Finney, MAC Denny Probst, MAC The N[ercopoliran Airports Commission is an a(finnati�e action employer. w m r�.mspai rportcom Reliever :lrzports: AIftL\KE • ANOKA COI;NTY/6LAINE • C2YSte\L • FLYNG CLO[7D • LAKF. ELMO •SAINT PAUL DO�VN'COt\V METROPOLITAN AIRPORTS COMMISSION MINUTES OF REGULAR SCHEDULED MEETING September 17, 2001 CALL TO ORDER A regular scheduled meeting of the Metropolitan Airports Commission, having been duly called, was held Monday, September 17, 2001 in the Lindbergh Conference Room, Metropolitan Airports Commission General Offices. Chairman Nichols called the meeting to order at 1:00 p.m. The following were in attendance: Commissioners D'AquilaI Erhart, Foley, Fortier, Gasper, Hale, Houle, Kahler, Long, Mars, Rehkamp, Speer, Weske and Chairman Nichols R. Rought, MN/DOT M. Hill Smith, Metropolitan Council L. Sorensen, Commission Secretary J. W. Hamiel, Executive Director T. W. Anderson, General Counsel N. D. Finney, Deputy Executive Director— Planning and Environment T. Anderson, Deputy Executive Director — Operations D. Kautzer, Deputy Executive Director —Administrative Services M. Mortensen, J. Unruh, S. Douma, T. Howell, J. Nelson, P. Hogan, M. Dorsey, S. Juackson, G. Wennerstrom, J. Anderson, M. Ladd, D. Olson, M. Kilian, R. Fuhrmann, C. Legve, B. Hoium, W. Wren, G. Warren, J. Edblom, J. Welna, L. Hanson, M. Everson, S. Moss, R. Swing, S. Martenson, R. Hale, M. Spelig, M. Snedker, M. Askerooth, B. Rindels, M. Dorsey, C. Olson, J. Mohammad, J. Kosta, A. von Walter, J. Kedrowski, MAC Staff M.Johnson D. Leutt Ross Kramer, E. Hyland, Messerli & Kramer L. Oakes, WCCO-AM D. Wyszynski, Dain Rauscher R. Saunders, SMAAC T. Coleman, Pioneer Press R. Johnson, MBAA S. Seelig D. Leibock R. Seelig V. Starr, Anoka County Aviation Association C. Selig G. Heide, Rogers Lake Noise Reduction Committee N. Anderson, KARE-TV T. Sweeney, R. Furst, Star Tribune J. Madison, Fox News Commission Meeting September 17, 2001 Page 5 B5 Request to Bid for Telephone Equipment and Services B6 Request for Authorization to Negotiate New "F" Concourse Infill Retail Agreements B7 MN State Lottery Sales Lease Renewals a) Lottery Booth Agreement with MN State Lottery b) Non -Profit Organization Lottery Booth Lease with Minnesota Public Airport Foundation B8 Airport Emergency Plan Exercise at MSP Planning and Environment Committee A16 Preliminary 2002-2008 Capital Improvement Program Commissioner Weske requested that this item be moved to the Discussion portion of the agenda. He discussed the specific project, Building Area Annex West at Anoka County -Blaine Airport, and stated his opinion that this item should be removed from the Capital Improvement Program. It was his opinion that the Commission should focus on the north and east building areas. He also indicated opposition to mitigation of the wetland affected by the west building area annex. COMMISSIONER WESKE MOVED AND COMMISSIONER ERHART SECONDED THE FOLLOWING AMENDMENT TO THE MOTION: THAT THE BUILDING AREA ANNEX —WEST AT ANOKA COUNTY-BLAINE AIRPORT BE REMOVED FROM THE CAPITAL IMPROVEMENT PROGRAM. Commissioner Hale, Chairman of the Planning and Environment Committee, indicated that this issue had been discussed at several Committee meetings and that the amendment had failed in the Committee and at the Commission meeting. He clarified that the Committee action being considered requests preliminary authorization for staff to proceed with the environmental review process for the projects. Upon preliminary approval, Staff will continue to review the 2002-2003 projects to develop a more concise list to recommend to the full Commission for implementation. THE AMENDMENT FAILED ON THE FOLLOWING ROLL CALL VOTE: PLANNING AND ENVIRONMENT COMMITTEE Roger Hale, Chair Alton Gasper, Vice Chair William Erhart Coral Houle Dick Long Bert McKasy Paul Weske METROPOLITAN AIRPORTS COMMISSION NOTICE OF REGULAR MEETING PLANNING AND ENVIRONMENT COMMITTEE Tuesday, December 4, 2001 1:00 P.M. MAC General Offices 6040 28" Avenue South Minneapolis, MN AGENDA CONSENT FINAL PAYMENTS —MAC CONTRACTS a. Lindbergh Terminal Sprinkler Modifications - 2000 (Todd Oetjens, Facilities Architect) b. Lindbergh Terminal CCTV System Modifications Phase 3 (Todd Oetjens, Facilities Architect) C. Lindbergh Terminal Curtain Wall Security (Robert J. Vorpahl, Program Development Engineer) d. MSP Airport Mail Center: Medium Voltage Switchgear (Robert J. Vorpahl, Program Development Engineer) e. West Terminal - 2001 Repairs - Roof Replacement (Robert J. Vorpahl, Program Development Engineer) f. House of Prayer Preschool - Noise Abatement (Robert J. Vorpahl, Program Development Engineer) g. Airlake Airport - North Parallel Taxiway Re -Alignment (Bridget Rief, Airside Project Manager) h. 2000-2001 Part 150 Sound Insulation Program (John Nelson — Part 150 Program Manager) SEMI-FINAL PAYMENTS —MAC CONTRACTS a. Lindbergh Terminal Public Address System (Todd Oetjens, Facilities Architect) 3. BIDS RECEIVED —MAC CONTRACTS a. Humphrey Terminal Parking Facility: Bid Package No. R4 - H-Ramp Finishes, Skyway, Revenue Building and Systems (Myrene Biernat, Facilities Architect) b. Part 150 Sound Insulation Program - November Bid Cycle (John Nelson, Part 150 Program Manager) MEMORANDUM ITEM 10d TO: Planning and Environment Committee FROM: Nigel D. Finney, Deputy Executive Director — Planning & Environment (726-8187) SUBJECT: 2002-2008 CAPITAL IMPROVEMENT PROGRAM d. Program Approval DATE: November 20, 2001 The preliminary 2002-2008 CIP as approved by the Commission in September 2001 for environmental and community review contemplated expenditures for 2002 of approximately $371 million for projects at MSP and the reliever airports. In the wake of the events of September 11, 2001, and its impact on the airlines and subsequent reduction in MAC revenues, staff brought to the committee in November a revised program for 2002. This revised program deferred approximately $295 million leaving approximately $76 million in the CIP for the year 2002. The CIP spreadsheet showing the revised program that was presented in November is attached for your information. Staff has further reviewed the revised 2002 CIP and is recommending a proposed 2002 program totaling $76,200,000. In addition, a number of projects that were to have been carried out in 2001 were also deferred. There were however, several projects totaling $27,135,000 which were still proposed to be bid in 2001 which are being recommended to be carried over into the 2002 CIP. Staff is therefore recommending a year 2002 program totaling $103,335,000. A copy of the proposed 2002-2008 CIP spreadsheet and project narratives for years 2002 and 2003 are attached for your review. In the event the airline industry recovery is more rapid than expected and revenues recover more quickly, staff will review individual projects and may recommend adjustments to the program. COMMITTEE ACTION REQUESTED RECOMMEND TO THE FULL COMMISSION ADOPTION OF THE 2002-2008 CIP AS MODIFIED; AUTHORIZE STAFF TO HAVE PLANS AND SPECIFICATIONS PREPARED AND ADVERTISE FOR BIDS FOR THE 2002 PROJECTS; AUTHORIZE STAFF TO CONDUCT FURTHER STUDIES AS APPROPRIATE AND DEVELOP PLANS AND SPECIFICATIONS FOR THE 2003 PROJECTS, UTILIZING CONSULTANT SERVICES, TO REFINE THE PROJECTS FOR INCLUSION IN THE FOLLOWING YEAR'S PROJECT CATEGORY; AUTHORIZE STAFF TO CONDUCT STUDIES AND DEVELOP PRELIMINARY PLANS AND SPECIFICATIONS FOR THE 2004 PROJECTS UTILIZING CONSULTANTS AS NECESSARY; AUTHORIZE STAFF TO INITIATE APPROPRIATE DOCUMENTATION TO APPLY FOR FEDERAL, STATE AND PFC FUNDING; RECOMMEND TO THE COMMISSION APPROVAL OF THE FIVE-YEAR CAPITAL IMPROVEMENT PLANS (2004-2008) AS A GUIDE TO THE METROPOLITAN COUNCIL FOR THEIR REVIEW, PURSUANT TO THE REQUIREMENTS OF THE METROPOLITAN INVESTMENT FRAMEWORK GUIDELINES; AND AUTHORIZE THE EXECUTIVE DIRECTOR OR HIS DESIGNEE TO EXECUTE THE NECESSARY DOCUMENTS. ITEM 12 TO: Planning and Environment Committee FROM: Nigel D. Finney, Deputy Executive Director — Planning and Environment (612-726-8187) SUBJECT: 2002 CAPITAL IMPROVEMENT PROGRAM REVISIONS DATE: September 26, 2001 In the wake of the events of September 11, 2001, and its impact on the airlines and air transportation, staff has carried out an evaluation of the 2002 Capital Improvement Program to determine which projects could be deferred to a later date. This review is based on the facts that aircraft and passenger activity will be significantly lower in 2002 than previously expected with consequences for MAC of significantly reduced revenues (parking, concessions, auto rental, etc.) and an airline industry that is unable to absorb substantial additional costs for either airfield or terminal improvements. In addition, it is advisable to reduce or eliminate the need to sell bonds in 2002 given the current state of the industry. The following provides examples of impacts to MAC resulting from current conditions: 1. Parking revenues have decreased approximately 60-70%. 2. News and Gifts/Food and Beverage are estimated at a 30-40% reduction in revenue for the 4w quarter. 3. Preliminary revenues for auto rental indicate a decrease of 30% in the 4" quarter. 4. Restricted (reduced activity at the reliever airports is expected to result in reduced revenue of $200,000 - $400,000, 5. Overall revenue at year-end is projected to be down $10-12 million. 6. PFC's will be reduced this year by $10-12 million based on fewer passengers. The CIP as presented to the Commission in September, 2001 for environmental and community review contemplated expenditures for 2002 of approximately $371 million spread over a variety of projects at MSP and the reliever airports. The staff review has focussed on funding sources for these projects, with particular attention to those projects proposed to be funded from the 2000/2001 GARB issues, and projects without a defined revenue source. The results of this review indicate that projects approximating $295 million, leaving a Capital Improvement Program of approximately $76 million, should be deferred. In addition, a number of projects that were to have been carried out in 2001 are also recommended for deferral. The proposed changes are shown on the attached spreadsheet. It is not the intent of staff to recommend elimination of these projects from the Capital Improvement Program at this time, but to defer their implementation until a better sense of the timing and extent of industry recovery is available. 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Buildings Demolition -Air Cargo City $1,6001000 This project provides for the demolition of the Freight Forwarders facilities in the Air Cargo City development. Other General Construction This project category is for miscellaneous construction related activities Runway 17/35 Intersection Site Preparation/Paving $18,500,000 This project provides for the site preparation and paving of the Runway 17135 and 4/22 intersection including a section of Taxiway N. Runway 17136 NAVAIDS $1,0001000 This project provides for FAA reimburseable equipment installation costs and other associated FAA costs. Runwa�35 ALSF4Bridge $11000,000 This project provides for the construction of the bridge for the approach lighting system over 1494. Wetland Mitigation $1,000,000 This project provides for the mitigation of wetlands impacted by the runway construction. The mitigation involves the restoration of a wetland site on Sargeant's Lake, Runway 4/22 Development Program Runway 4/22 Property Acquisition $3,000,000 There will be a requirement to acquire property prior to proceeding with the reconstruction of Taxiway C which is part of the Runway 4/22 reconstruction. Runway 4/22 Reconstruction - Seq. 3 $1,000,000 This project provides for the reconstruction of the 2000 feet of Runway 4/22 and Taxiway C located northeast of Runway 12L130R. Runway 4/22 Road Relocation $1,500,000 This project provides for the relocation of the Interbase (US Airforce - MANG) roadway to maximize the expansion of the Runway Safety Area (RSA) and Object Free area (OFA) associated with Runway Noise Mitigation Program Printed 11/28/2001 3:06:17 PM Page 1 Lindbergh Terminal Interior Rehabilitation $500,000 An ongoing program to renovate the interior of the Lindbergh Terminal. The money originally allocated to this program has been reduced from $4,400,000 to $500,000 due to the reduction in MAC revenues. Staff will be re-evaluating the priority and cost of the projects originally recommended to be accomplished in 2002 Parking Structure Rehabilitation 5500,000 An ongoing program to maintain the integrity of the multi -level parking structures. Projects typically include concrete repair, joint sealant replacement, expansion joint repairs, concrete sealing and lighting improvements. The money originally allocated to this program has been reduced from $2,000,000 to $500,000 due to the reduction in MAC revenues. Staff will be re-evaluating the priority and costs of the projects originally recommended to be accomplished in 2002, Terminal Miscellaneous Modifications $900,000 An ongoing program to update and remodel areas within the Terminal Facilities to keep abreast with changing requirements. This may be a series of individual projects to meet the requirements of the various tenants or may be consolidated into a single project when possible. This work is typically done by purchase order as the projects are small in scope and cost. The money originally allocated to this program has been reduced from $1,550,000 to $900,000 due to the reduction in MAC revenues and the scope of the projects to be funded under this program has been expanded to include Sprinkler System Modifications, Terminal Electrical Modifications and Terminal Mechanical Modifications. Staff will be re-evaluating the priority and cost of the projects originally recommended to be accomplished in 2002 under these programs . West Terminal Area Rehabilitation $100,000 An ongoing program to modify or remodel areas within the West Terminal Complex and Fire/Rescue facility to meet the needs of the various tenants/general public/MAC departments utilizing the facilities. This year's project will provide for tuck pointing repairs to the building exterior and miscellaneous improvements and repairs at the Fire/Rescue facility. Reliever Airport Program Flying Cloud Airfield Signage and Electrical Upgrades $100,000 This project provides for the first phase in the installation of signage on Runway 18136 and the installation of a new beacon and windcone. St. Paul Security Fencing $200,000 This project will provide for the installation of security fencing and gates around the airfield as required by the FAA. Reliever Airports Utility Extension Program Airlake Sanitary SewerlWatermain Install: N. Building Area $500,000 Airlake Airport is located on the south edge of the developed area of Lakeville. A study has been completed evaluating alternatives for extending public utilities consisting of sanitary sewer and water main to the Northeast and Southwest Building areas. This year's project will be the first phase in extending these utilities to the Northeast Building Area. Flvino Cloud Printed 11/28l2001 3:06:18 PM Page 3 Lindbergh Terminal Security Modifications $1,0002000 This project provides for the installation of a security barrier between the public space at the south end of the Lindbergh terminal ticketing and the sterile portion of the Concourse G as well as modifications to access points to further enhance security. Miscellaneous Electrical Mods 4115,000 An ongoing program to address electrical issues in the terminal facillities requiring attention due to age and deterioration of the existing systems or modifications necessary for improved reliability. This project includes replacement of panel boards, increasing electrical feeder capacty, increasing ventilation in two electrical rooms and miscellaneous distribution system revisions. Miscellaneous Mechanical Mods $700,000 An ongoing program to address mechanical issues in the terminal facillities requiring attention due to age and deterioration of the existing systems or modifications necessary for improved reliability. This project includes replacement of steam pressure valves, steam expansion joints and a section of domestic hot water piping. Part 150 Mods. -Dec. 2001 E2,400,000 An ongoing program to insulate residential houses within the certified 1996 DNL 65 noise contour. This project will provide for the insulation of approximately 47 houses. Regional Terminal Demolition $1,500,000 This project provides for demolition of the existing Regional Terminal once the new facility is complete and completion of modifications to the concourse which will allow for Gate CI to open. Short Tenn Parking Escalator $2,000,000 This project provides for the installation of new escalators from the second level of short term parking in the Green Ramp to the Ground Transportation Center. The escalator equipment was purchased under a 2001 project. Airlake Watkins Pattern Building Demolition $1zo,000 This project provides for the removal of the Watkins Pattem building which is within the runway protection zone. Printed 11/28/2001 3:06:18 PM Page 5 t� �� � '' � Capital Improvement Projects (CIP) 2002 2010 PROGRAM PROJECTS Runway Deicing/Holding Pad Program 12R Deicing /nolding_Pad E1890001000 This project will construct the airports deicing/holding pad on Runway 12R to allow for the efficient deicing of aircraft and collection of glycol as well as for the holding of aircraft for operational reasons. This project will also include the construction of Taxiway B between the deicing pad and Exit Taxiway B10. 12R DeicinglHoldinq_Pad -Buildings Demolition $1,250,000 This project will provide the demolition of the Navy hangar, office and motor pool and the MAC Paint, Electric and Carpenters shops to provide the area needed to construct Taxiway B and the Runway 12R deicing/holding pad. 12R Deicing/Holding Pad - Taxiway B Construction $1,9000000 This project provides for the construction of Taxiway B between Runway 4122 and Taxiway M. Also included in this project is the removal of Taxiway T between Runway 4/22 and Taxiway M and the construction of taxiway fillets east of Runway 4/22. 17/35 Program 77th Street/24th Avenue Interchange/1-494 Frontage Road $5,60Q000 This project will provide for the construction of the final phase of the 77th Street/24th Avenue interchange and roadway system and the frontage road along 1-494 from 77th Street to the east. Buildings Demolition -Runway Protection Zone $9,700,000 This project provides for the demolition of buildings in the Runway Protection Zone including the McClay VFW, Federal Express, BAX Global, the Amoco and Super America gas stations, and the Double Tree, Sheraton and Exel hotels. Buildings Demolition - Southwest Cargo Apron $5,500,000 This project provides for the demolition of buildings on the Southwest Cargo apron which are within the Runway Protection Zone. Ground Handler Fuel Facility $300,000 This project provides for the relocation of an existing above ground fuel storage tank to create a new loading rack to supply diesel and unleaded fuel to the tenants on the west side of the Runway 17135 development . Infield Fueling Facilities $3,600,000 This project provides for fueling facilities within the midfield development for aircraft fueling. Lease Extinguishment $6,100,000 In addition to the acquisition of property for the construction of Runway 17/35 and the Runway Protection Zone (RPZ), there will be a requirement to buy out existing leases of some of the properties to be acquired. MAC Equipment and Materials Storage Building $6,900,000 This project will provide for the construction of a facility which will serve as both an equipment storage faciliy and a storage facility for sand, salt, and other deicing agents to used on Runway 17/35 and the adjacent service roads. Printed 11/26/2001 3:06:19 PM Page 6 Airside Bituminous Construction $so01000 An ongoing program to construct or reconstruct bituminous pavements within the Air Operations Area. Inspection of the overlays on Runways 12R/30L, 12U30R, Taxiway C and the tunnel service road will be made in the spring of 2003 to determine whether or not a bituminous repair project is required. Pavement Rehabilitation -Aprons $6,000,000 An ongoing program to replace sections of concrete pavement in the aircraft operational areas that have deteriorated to a point where maintenance is no longer a viable option. Green Concourse Extension Program Concourse C Concessions $7s0,000 This project will provide for the development of additional concessions in Phase 2 of the Concourse C project. Lindbergh Terminal Rehab 8 Development Program Commercial Roadwa�Bag Belt $1,000,000 There are currently discussions taking place on how to better utilize the east upper level roadway to alleviate traffic congestion on the upper level roadway adjacent to the terminal. One issue which must be resolved is the movement of baggage from the east roadway to the terminal bag make-up area. A project to provide the required bag belt and sortation facility is being considered. International Arrivals Facility $500,000 This project provides for the replacement of the carpeting throughout the public areas of the International Arrivals Facility, Lindbergh Terminal Bag_Make-up Area Addition $2,000,000 The bag make-up area in the Lindbergh Terminal is very congested. The addition of gates on Concourse C will put additional pressure on these facilities. A study will be completed and a project to increase the bag make-up space may commence in 2003. Lindbergh Terminal Loading Dock Relocation $1,000,000 The existing loading dock behind the terminal is congested and is becoming a focus of FAA from a security stand point. This project will relocate and expand the loading dock to a location outside of security. West Mezzanine Finishes $19000,000 The new concession storefronts in the Lindbergh Terminal waiting area extend 15 feet beyond the line of the existing West Mezzanine. A floor structure has been constructed over the extension with the concessions project completed in 1998. This project will expand the West Mezzanine to provide additional area for expanded office space. Landside Rehabilitation 8 Repair Program Building Exterior Rehabilitation $t,s00,000 This is a continuation of the program to rehabilitate the exterior of the Lindbergh Terminal and other MAC buildings including roofing and curtain wall systems. Projects will be evaluated in 2002 and will be presented for approval when the CIP is updated for the 2003 construction season. Printed 11/28/2001 3:06:19 PM Page 8 South Building Area Development $2,1009000 This project is the second phase in the program to develop a new South Building Area and partial parallel taxiway. This year's project will provide for the installation of the pavements and taxiway lighting system. Anoka Building Area Development - East Annex (Roadway Relocation) $19300,000 This project provides for the relocation of Xylitemoth streets as the first phase in the construction of Lite East Building Area. Construction of a berm and wetland mitigation are also included. Building Area Development - West Annex $1,000,000 This project will provide for the construction of the West Building Area including sanitary sewer and water main, accomodation of storm water drainage and all required wetland mitigation. Pavement Rehabilitation $350,000 An ongoing program to rehabilitate aircraft operational areas (runways, taxiways, aprons) through bituminous overlays, sealcoats, or in some instances, reconstruction, to restore the surfaces to a smooth, even condition and improve overall operating conditions. This year's project will include the reconstruction of the East Building Area taxiway and access road and crack repair and sealcoating of the East Building Area taxilanes. Runway 9/27 Extension/Widening $6,500,000 This project will provide for the widening and extension to 5000 feet of Runway 9/27 including all required wetland mitigation. Runway 9/27 MALSRIILS $2,600,000 This project provides for the installation of the ILS and MALSR systems for the new 5000 foot runway including all required wetland mitigation. Runway 9/27 Parallel Taxiway/Extension $1,000,000 This project provides for the extension of the parallel taxiway to Runway 9/27 to match the extension of the runway. Crystal Pavement Rehabilitation $375,000 An ongoing program to rehabilitate aircraft operational areas (runways, taxiways, aprons) through bituminous overlays, sealcoats, or in some instances, reconstruction, to restore the surfaces to a smooth, even condition and improve overall operating conditions. This year's project includes the reconstruction of the East Building area taxiway as well as miscellaneous crack sealing. Runway 6U24R Reconstruction $850,000 This project provides for the reconstruction of Runway 6U24R. Flying Cloud Airfield Signaoe and Electrical Upgrades $800,000 This project provides for the final phase in the installation of signage on Runway 18/36 and the installation of a new beacon and windcone. Hangar/Building Removal $300,000 The extension of Runway 9R/27L requires a larger runway protection zone. This will require the removal of twelve hangars on Mustang Lane. Pavement Rehabilitation $100,000 An ongoing program to rehabilitate aircraft operational areas (runways, taxiways, aprons) through bituminous overlays, sealcoats, or in some instances, reconstruction, to restore the surfaces to a smooth, even condition and improve overall operating conditions. This year's project will provide for crack sealing and seal coating of various airfield pavements to be determined. Printed 11l28/2001 3:06:20 PM Page 10 Sanitary Sewer and Watermain Extensions $200,000 This project will provide for miscellaneous sanitary sewer and water main lateral installations. crvstai Sanitary Sewer and Watermain Extensions $200,000 This project provides for miscellaneous sanitary sewer and water main lateral installations. Flving Cloud Sanitar�Sewer and Watermain Extensions $3,400,000 This project will include phase two in the installation of sanitary sewer and watermain at the Flying Cloud airport. Miscellaneous Field 8 Runway Apron/ GSE Lighting_Upgrade $2,000,000 This project will provide for the upgrading of the pole and building mounted light fixtures that serve the apron areas adjacent to the Lindbergh Terminal complex. Miscellaneous Construction $400,000 An ongoing program to consolidate various incidental items beyond the capabilities of the maintenance personnel, projects too small to be accomplished independently, or to handle airside problems requiring repair which come up unexpectedly. Miscellaneous Landside Program Central Alarm/ Monitoring/Fiber Optic Cable Installation $3,000,000 This project will provide a visual paging system and a fire annuciation system in the Lindbergh Terminal. MAC Cargo Buildings -Air Freight Facility $4,000,000 In conjunction with the construction of Runwayl7/35, new building areas will be developed. The MAC will construct two cargo buildings which will be leased out to airport tenants. This project will provide for the construction of an air freight facility including all required aircraft apron and auto/truck parking areas to accommodate non -anchor carrier cargo activity as well as for cargo operators who operate to and from MSP on an infrequent basis.. Mesaba Hangar $10,400,000 This project provides for the construction of a new maintenace hangar for Mesaba Airlines as part of the Runway 17l35 development. Overflow Ramp/Employee Parking Structure $56,0003000 This project will provide for the construction of the Overflow Ramp at the Humphrey Terminal which will provide parking for the Humphrey Terminal as well as overflow parking for the Lindbergh Terminal. Sun Country Hangar $12,700,000 This project will provide for the construction of a new maintenance hangar and office for Sun Country Airlines as part of the Runway 17/35 development. New Projects Program Printed 11/28J2001 3:06:20 PM Pace 12 It It 00 UJ CL LLIIf MJ If M o �J W I us / F 9 I ❑ c o t c o v❑ J — c-1I c❑cec❑ v 4 ❑ a _ ❑ ❑ o ❑c ovllo I z ❑ci❑ vo ❑`c cu M v❑ cc 0 ❑ e c ❑ e �`�� v dii ,} ovooe cc a❑eve❑v_ ❑,❑ o� ❑❑O c y + ¢3 o ❑ o .. I rl /� ❑ ( vc❑ �I v��. cI!fII + • ❑ iv �c�I ica ❑ l Oa I I �I Lr v ❑ \ "omo CCR low z on o � coact a ❑cc❑c icoc DOOME V \ -2 , I 01 O❑c 1�❑0 0 N❑ Il mM Y1 �❑ ve gggg ❑ il❑ ❑ ❑ 0 ❑ ❑ CC ❑c5 ❑ II v o ❑ ������ I❑ I In ❑ O�0 I <�� ❑ lip il❑ - ❑ I=v o�oj❑ I❑ ❑i p ❑ o � ❑ OQjO i 60 ° on ❑ ❑ ❑ ❑ (� ❑ I ❑ o l l ❑ v ❑ ❑ o 0 I❑ ❑ ❑ ❑ v❑❑ / i I E �r � c 0� _ �^ op W 1 p 0 W `\ > m uj l \ to 14 LU �\ / \�� j O 0 a zCC MJ UJ / is y W F Z O \ O O N R'\ is AGENDA REGULAR MEETING EAGAN AIRPORT RELATIONS COMMISSION " EAGAN, MINNESOTA EAGAN CITY COUNCIL CHAMBERS MONDAY, DECEMBER 3, 2001 7:00 P.M. I. ROL%, CALL At�'D ADOPTION vF AGENDA II. APPROVAL OF MINUTES III. VISITORS TO BE HEARD IV. OLD BUSINESS A. Noise Attorney V. STAFF REPORT A. Part 150 Update B. MASAC Blue Ribbon Panel co Joint Airport Zoning Board D. Commission Appointments E. MAC Update VI. FUTURE MEETING AND AGENDA A. Next ARC Commission Meeting VII. ADJOURNMENT Auxiliary aids for persons with disabilities will be provided upon advance notice ofat least 96 hours. If a notice afless than 96 hours is received, the City of Eagan will attempt to provide such aid. �#iiiii Jill 1111111111111111111111111 11 1s A weekly update on litigation, regulations, and technological developments Volume 13, Number 41 Research SWEDISH STUDY LINKS HYPERTENSION WITH EXPOSURE TO AIRCRAFT NOISE Exposure to airraft noise may be a risk factor for hypertension, which implies that it also may be a risk factor for cardiovascular disease, a study of residents around Stockholm's Arlanda Airport done by Swedish and British researchers concluded. The findings suggest that it might be important to consider exposure to maxi- mum levels of aircraft noise, and not just energy -averaged levels, when looking at the health effects of exposure to aircraft noise. The study found that the prevalence of hypertension was higher among subjects exposed to time -weighted energy averaged aircraft noise levels of at least 55 d3A or maximum noise levels above 72 dBA occurring at least three times during the average 24 hour period in one year. Mats Rosenlund, Depar-nent of Environmental Health, Stockholm County, led the research team Other researchers who participated in the study, which was reported in the British journal Occupational & Environmental Medicine, were from the Institute of Environmental Medicine at Stockholm's Karolinska Institute and from the Department of Epidemiology and Public Health at Imperial College School of Medicine in London. (Continued on p. i ?3) European Union EU REPEALS HTJSHKIT RULE; ADOPTS ICAO'S BALANCED APPROACH TO NOISE As expected, the outcome of the recent meeting of the Assembly of the Inrema- tional Civil Aviation Organization (1CA0) has paved the way for the Eurepea❑ Union to repeal its controversial rule barring the addition of hushkitted airnraf[ at European airpons, ending a bitter dispute with the United States over the regula- tion, which was due to take effect next April. In March 2000, the United States took the rarely used step of lodging a formal complaint with ICAO over the rule under the Chicago Convention of Aviation. contending that it discriminated against airplanes manufactured in the Unir_d States because it was based on engine by-pass ratio instead of noise emission. ICAO did not role on the matter but a European court recently struck a blow :o the regulation by finding tic use of engine by-pass ratio to be inappropriate. On Nov. 29, the EO Commission announced that it had adopted a proposed directive that would repea'. the hushkit rule and would embrace the new Stage aircraft noise emission standard recently adopted by ICAO and the "balanced approach" to co [roiling a ---craft noise endorsed by the ICAO Assembly, which requires that strn_gent cos -'benefit analysis be done to support new airport noise restrictions. (Continued or. p. 74) November 30, 2001 In This Issue... Research ...Anew study of residents near Stockholm Arlanda Airport concludes that aircraft noise may be a risk factor for hypertension and cazdiovascular disease because a higher prevalence of self - reported physicians' diagnoses of hypertension was found among people exposed to energy -averaged noise levels of at least 55 dBA and maximum noise levels above 72 dBA - p. 172 European Union ... The EU adopts a directive repeal - its controversial hushkit non -addition rule and embrac- ing ICAO's new Stage 4 standard and 'balanced ao- proach' to controlling aircraft noise - p. 172 Orlando Irtt'1... FAA approves the Part 150 noise compatibility program for Orlando International and accepts noise exposure maps for Reno/Tahoe Int'l - p. 174 E1 Toro ... A California appeals court clears the way to place a ballot initiative before Orange County voters on whether to replace a planned commercial airport at El Toro witIt an urban park - p. 174 November 30.2001 17a Part 150 Program FAA APPROVES PROGRAM FOR ORLANDO, RENO MAPS On Nov. 27 the Federal Aviation Admiuist.ati on an- nounced that it has approved the Noise Compatibility Program for Orlando International Airport and has accepted noise exposure maps for Renoi'fahoe International Airport. All four elements of the Orlando Part i5O program were approved, including: Incorporating into land development codes of the City of Orlando and Orange County, FL, the airport's overlay zone, which recommends avoiding new residential development in the 65 dB DNL contour and bans new mobile home development there. It also requires builders to provide adequate external -to -internal sound reduction in new homes built in the 60 dB DNL contour and requires that a waiver of claim be signed by residents of new homes in the 60 contour and notification that homes are near the airport be provided to new residents. his expected that these land development code modifications also will be adopted by Osceola County for the porion of its jurisdic- tion that falls within the airport's overlay zone; Providing sound insulation for existing homes in the 65 dB DNL contour. Sound insulation will be provided "only where feasible and cost effective" and in exchange for an avigation easement to homeowners located within the DNL 65+dB noise contour of the 2001 noise exposure map. The sound insulation program will not extend to mobile homes. It is expected that 30 homes will be sound insulated and one elementary school; Providing a voluntary residential property acquisition program for homes in the 65 dB DNL contour, including mobile homes. Any offers of acquisition would be limited to those who acquired the resideroc property to Oct. 1, 1998. The airport plans to buy the homes that are sold, to sound insulate them, and to resell them with avigation easements as a condition ofgurch_se; Upgrading after five year the airport's current noise monitoring system through the p^_rchase of Held monitors or improvements to the system sofrvare and hardware. The airport's current noise and operations - monitoring system was installed by Br -el R Kjaer, accord- ing to Vern Munroe, the airport's manager o: aviation technical services. Orlando International Airport does ne; has e a significant noise problem, Munroe said, noting th;t oniv 210 people reside in the airport's 65 dB DNL contour. Most of the land south of the aitnort. to said, was not residentially developed and the airport maxi -sized its departures in that direction. He credits that attention to flight pa�'^.s as t-^e reason the airport is not facing a more significant noise Problem. "Twenty years ago, the airport had 250 opetaions a month and got over 1,000 noise complaints a wont:." he said. "Now we have over 1.000 operations ;er rrl and average only 3-4 noise complaints." Also, the airport sends notices to residents as far out as the 55 dB DNL contour explaining that t:_eir property is in proximity to that airport is they should expect aviation activity on or near their property. The_: are also required to sign a waiver of claim which basically- says they can't sue for noise damages, according to Munroe. That waiver conveys to new owners through the p-operty deed. Reno Noise Maps The FAA said that irhas determined that noise exposure maps for 2000 and 2005 for Reno/Tahoe International Airport were developed in accordance with federal proce- dures. For further information on the maps_ contact Elisha Novak, an airport planner in the FAA's San Francisco District Office; tel: (650) 876-2928. Europe, from p. l72 E! Toro APPEALS COURT RULING PUTS PARK OPTION TO VOTE A California Court of Appeals Nov._ 1 cleared the way to place a ballot initiative before Crange County voters on whether to replace a planned ce mmercial airport at the site of the former El Toro Marine Base wig:a large urban park. The ruling by the Court of Appeal fe- the Fourth Appel - District in San Diego overtt.:rned e lower court ruling by Judge James Gray of Newport Beach A hich found that the title and summary of the ballot initian--re prepared by Orange County counsel did not ndea=tely describe it and therefore was false and misleading an- not impartial. The appeals court rejected that argut-.ent, which had been made in a lawsuit brought by Br1ce Nestande and Citizens for Jobs and the Economy, who favor-.,ming El Toro into a Airport Noise Report A weekly update on lidgafion, regulations, and technological developments Volume 137 Number 40 Oakland Int'I AIRPORT, FAA OPPOSE PL.A`J TO LOCATE CHURCH SCHOOL IN 65-70 DB DNL CONTOUR The Port of Oakland and the Federal Aviation Administration recently told the City of Alameda that they strongly oppose Mans to build a large private school and church in a section of the city within the 65-70 dB DNL contour of Oakland International Airport, Chinese Christian Schools plans to build a 17-acre, S13.6 million campus, serving 1,100 students from kindergarten t-rough high school, approximately two miles from the airport's four runways. In October, the Alameda County Land Use Commission voted 4-1 against the project with Alameda Mayor Ralph Appezzaro, a member of the board, dissent- ing. The Alameda City Council will consider the matter at some point in the future. The City Council's vote on the project wil'rest how serious it is about keeping development around the airport compatible. In September, a three judge panel of the California Court of Appeal ruled in favor of a lawsuit brought by the City of Alameda and two community anti -noise groups challenging the planned $I.38 billion expansion plan for the airport on the _rounds that the state Environmental {Continued on p. 169) Noise Policy AIRCRAFT NOISE REGULATION FALLS SHORT OF WHAT IS NEEDED, CUTLER SAYS The regulation of aircraft noise in the United States "has fallen far short of what we need to achieve in order to increase airr an capacity," Eliot Cutler of the Washington, D.C., law firm Akin Gump, tots participants at the 2001 Conference on Noise Control Engineering held in Per and. Maine, Oct. 29-30. "The federal government has ignored thc'.essons of other environmental regulatory regimes that have worked reasc-.-bly well and instead has permitted an industry to largely regulate itself— the oni,.-:naior pol luting industry in the United States that still is allowed to do so, ,:utter said in prepared remarks. The history of U-S. aircraft noise regulatk-. "runs against the grain of almost all other environmental regulation enacted dccog the past 30 ,years," the attorney said. The Noise Control Act of 1969 lodge-' regulatory authority in the Federal Aviation Administration, rather than in the Environmental Protection Agency's predecessor, he noted, adding that the onl} o;hcr major class of pollutants over which the EPA has limited jurisdiction is r:ioactive emissions from nuclear power plants. The principle characteristics of U.S. airer_-.': roue policy, he said, are that (1) it is regulated by the FAA, an agency oriented a the needs of the airlines; (2) it is focused on only two of three critical dimec�tans (capacity and efficiency objec- (Continued on p. 169) November 237 2001 In This Issue... Oakland ... T•ne Port of Oakland and the FAA strongly oppose siting a large private church school complex in the 65-70 dB DNL contour of Oakland Internarional - p. 168 Noise Policy . Attorney Eliot Cutler contends that aircraft noise policy in the Un led States has 'fallen far short' of what is needed and proposes a new noise policy basis at NOISE -CON - p. 168 Llinneapolis VIVO At the request of m o commissioners, the airports commission has asked its planning and envi- ronment conuninee to recon- sider a decision to provide the full sound insulation package to homes in the 60 dB DN-L noise contour - p_ 170 London Heathrow... The British goverment announces that it will cap the number of flights at Heathrow airport at 4807000 and cor-sider stricter controls on night flights as a condition of app-oval of a new fiftIt terminal - p. 170 Lambert -St. Loads Int'I... The City of Brice=_eton and the FAA settle e la« suit over acquisition of la_d for expan- sion of the airpo-z - p. 171 November 23, 2001 ogy-forme charter. "Individaal airport proprietors should be given the responsi'rility_ m consultation with the FAA and the EPA, to set performance standards for each airport facility that would establish the parameters of noise exposure that will be permi::ed in the areas directly impacted by airport operations " Ostler said - Accepted perormance standards, he said, could preempt any other local or state -based regulation of airport opera- tions or expansion. FAA, he said, should be required to participate more directly ith airport proprietors in setting applicable performance standards and to manage flight operations, within acceptable safety parameters, in order to optimize capacity and eniciency objectives and noise exposure performance objectives. "Airpe- proprietors, the FAA, and airport users would be able to meet performance standards by implementing various regulatory tools (curfews, flight track adjustments, preferemial runway systems) in whatever combinations would work in the settings of each individual airport but airport proprieeors would not be able to restrict use of the facility to particular classes of aircraft in the absence of a showing :hat no other regulatory option would work." 1Ytinneapolis-St Paullni'1 MAC RECONSIDERING PLAN TO ItiSULATE TO 60 CONTOUR A proposal to reconsider a plan to extend the residential sound insulation program at Minneapolis -St. Paul Interna- tional Ai -.?on out to the 60 dB DNL noise contour, in light of budge: pressures brought about by the downturn in airline activity. has been referred to the planning and environ-tent committee of the Metropolitan Airports Commission (MAC), which operates the airport. At a Nov. 19 commission meeting, two of the 15 airport commiss'on members asked the full commission to recon- sider its-=ecisien, made last August in an 8 to 7 vote, to allocate �150 million to sound insulate 3,300 more homes near the _npo within the 60-64 dB DNL noise contour with the same package that was provided to about 6,300 homes i- the 65 dB DNL contour. That package included air cond ionica, new windows and doors, attic insulation, venilat_ n, and roof -vent baffles. bIAC Commissioners William Erhart and Ben blcKasy wanted `-.e commission to jettison that plan and substitute it with :-gins w ithout going through the normal committee approval process. However, the commission referred the commis: `oners' proposal to the planning and ene ironment committee as s-ate Rep. Wes Skoglund (DFL- Minneapolis) urged t`.e MAC not to renege on the promise it made five years ag � to provide the full insulation package. Comrnisione.s Erhart and blcKasy want house -by -house tesring cone it, the 60-64 dB DNL contour to determine how mc:h ins_tation is needed rather than to install the full 17D package. In that way, they hope to stretch funding and a. oid political pressure to expand the budget beyond S 150 million, which might not be sufficient to insulate all homes ci[hin the contour. .- iia eihe plan approved earlier by the MAC, it would tribute $80 million and the airlines serving the airport, mainly Northwest Airlines, which hubs there, would c: ntribute S70 million. '.ISP is the only airport in the country to fund residential nd insulation beyond the 65 dB DNL contour which the Federal Aviation Administration considers the threshold of residential compatibility. L nndan Heathrow Intl r` The British government announced Nov. 20 that it will crap the number of flights at London's Heathrow Interna- r.onal Airport at 480,000 per year and will consider stricter c: ntrols on night flights as a condition of approval of a fifth terminal at the airport. ne cap represents only a 4.3 percent increase from the r_rtent 460,500 flights handled last year and was imposed to addr`ss concerns about noise impact from communities near the airport. ne new terminal "will enable Heathrow to remain a worId-class airport," said British Transport Secretary Stephen Byers. "it will bring benefits to the British e_onomy both locally and nationally. Byers said the zvernment tried to strike a balance between environmental and economic concerns. he promise to consider further restricting night flights by -'03 at the latest follows a ruling last month by the P-ropean Court of Human Rights which found that the e_7ent number of night flights violated the human rights of residents living near the airport. Runway Capacity -he decision to approve the new terminal is expected io srark a debate over where to add new ru mvay capacih: in c_e southeast of England. The British Government plans to r'case a policy paper next year outlining its preferred se'.ution for providing more runway capacity for the next _ 0 :ears. The government must decide whether it wants to add a Sird runway at Heathrow, which the airlines favor, or add ,_-way capacity elsewhere. Strong protests from communi- ,_es are expected no matter what course of action the -.-ern ocat chooses. -. spokesman for the Heathrow Association for Control of >; -ise said they were disappointed with the government's c. _ision but called the operations cap "a significant : orv' for communities and predicted it would preclude r-e addition of a new runway there. ne pianning process for the new terminal at Heathrow is longest is British history. Preliminary planning began in Airport Noise 2z_ on A +reekly update on Volume 13, Number 39 regulations, and technolegical developments Oakland Int'I AGREEMENT PARTIALLY RESOLVES ISSUES RAISED IN LAWSUIT OVER EXPANSION PLAN .The Port of Oakland announced Nov. 14 that it has reached an agreement with the City of Oakland and two community groups —the Citizens League for Airport Safety and Serenity (CLASS), and Berkeley Keep lets over the Bay Committee— that partially resolves controversial issues surrounding the expan- sion of Oakland International Airport. "This agreement allows the Port to proceed with very important projects at Oakland Airport which will increase security for passengers and allow the Port to comply with new Federal Aviation Administration security requirements," said Port of Oakland Executive Director Tay Yoshitani. "Pending litigation still places a significant cloud over many other components of our airport development program and this does not resolve our differences. However, the agreement calls for commencement of another round of discussions" The litigation Yoshitani ref rred to was filed by the City of Alameda and the two community groups challenging the S 1.33 billion expansion plan for the airport. In September, a three judge panel of the California Court of Appeal handed down a unanimous ruling sharply critical of the EIR done for the project (Continued at p. 165) Piedmont Int'I FAA ISSUES FINAL EIS ON NEW RUNWAY NEEDED FOR FEDEX HUB AT GREENSBORO On Nov. 9, the Federal Aviation Administration issued its tong -delayed Final Environmental Impact Statement (FEIS) on a third runway at Piedmont Interna- tional Airport in Greensboro. NC, needed to accommodate development of a S479 million regional carve sorting hub for FedEx. The Triad Airport Authority has proposed construction of a 9,000-ft. runwav, connecting taxiways, and associated navigational aids and roadwork to support a new air cargo sorting and disribution facility at the airport. The FEIS will be available for public comment for 30 days, until Dec. 16, and the FAA expects to issue a Record of Decision giving final approval to the project no sooner than 30 days after the review period closes. However, it is expected that local groups opposed to the hub will file a lawsuit challenging the FEIS immedi- ately after its approval - The new runway would be placed parallel to the airport's main runway and would allow FedEx to constrict a 5300 million sorting and distribution hub between the runways at the ncnh end of the airport. Additional airport improve- ments would cost S 170 million. Between 2005, when the hub is expected to open, and 2009, FedEx plans to (Continued at p. 166) November 16, 2001 In This Issue... Oakland ... The Port of Oakland reaches an agreement with the City of Alameda and two community groups, who won a recent lawsuit challeng- stg the EIR on an expansion project, that partially resolves contentious issues - p. 164 Piedmont ... FAA issues its loner delayed Final EIS on a new runway at Piedmont needed to accommodate a FedEx cargo hub. Even with additional noise analysis, the EIS concludes there will not oe much significant nighttime noise impact - p. 164 San Francisco ... By a tree -to -one margin, San ancisco voters approve a ballot measure giving them pproval of the airport's plans o add new runways into San rancisco Bay - p. 166 The San Francisco Inter- ational Airport/Community o meltable says it must cut its budget by 17 percent due to c mimshed airport operating revenues - p. 165 H ishkitted Aircraft'., 727s `e being quickly phased out of commercial operation in =Rht of the downturn in air el following Sept. 11. Most ll end up as scrap - p. 167 November 16, 2001 A lone -standing work program item to use single event noise metrics in evaluating the impacts of aircraft noise «il I be folded into the Roundtable's new Fly Quiet Programx which rates every airline at SFO for the quality of its Fleet. the noise levels recorded on community noise monitors, and adherence to the airport noise abatement procedures. Single even measurements will receive greater emphasis by establishing tougher criteria within the Fly Quiet Program. The Roundtable decided to end testing of sound insula- tion methods for homes subjected to backblast noise. A report issued by the Wyle Acoustic Group in September concluded that there are few methods of alleviating the annoyance of backblast noise other than moving the noise source farther away. The Roundtable said the report coupled with the budget reduction "ended hopes that a backblast test house might turn up new sound -attenuating technology." Tt•iad, from p. I64 operate 24 arrivals and departures during late night and early morning hours. After that, it expects 63 landings and departures nightly. The cargo hub has been the topic of hot local debate since it was proposed, with proponents contending it would ace as a catalyst to attract other businesses to the area and oppo- nents asserting that noise and air pollution would degrade the re_gion's quality of life. However, a turndown in the local economy, which is based on the tobacco, textile, and furniture manufacturing industries, has given new currency to the economic arguments being made by proponents of the hub. That was bome out in a recent Greensboro City Council election in which every candidate who opposed the hub was soundl%p defeated. Additional Noise Analysis The FAA did additional analysis of noise impacts in the FEIS following the Environmental Protection Agency's strong criticism of the draft document, which used only :::e DNL noise metric and the 65 dB DNL contourto determine signitcant impact. The FEIS included two additional noise analyses. It considered noise impact out to the 60 dB DNL noise contour but only considered it significant if a 3 dB DNL or greater increased occurred, following recent guidelines set by the Federal Interagency Committee on Aviation Noise (FICAN). Increases in the 65 dB DNL contour are consid- ered significant if they grow by 15 dB DNL or more. Tire FEIS also includes SEL 100 contours for Boeing -27 and 737-300 airplanes and tied those contours to pote-:ial sleep disruption based on an updated curves developed Sy FICAN that incorporate recent sleep studies done in Dervcr and London. Those studies, done with subjects sleeping in their own homes, showed less sleep disruption from nighttime aircraft noise than earlier research that had all beer, done with subjects in laboratory settings. 166 Despite the additional noise analysis, the condo ions in the FEIS remain essentially unchanged from the draft document. It is expected that 262 homes would be sub' act to significant noise impact. Most of the noise impact will hit residents living on the airport's southwest side in northern High Point, which is not densely develo; ed and over which 95 percent of the FedEx arrivals and depart=cs are expected to go. However, the residents that se=j mast upset by the new runway would be located at its osier end and would only get about 5 percent of the cargo o^erations that would be forced to operate in that direction d'.e to wind conditions. That would amount to cargo operetio_s over their community about 13 nights per year, ac_ord[ng to the FEIS. Airport officials said they will do all they can to minimize noise impact and will involve the community in develop- ing a noise compatibility plan for the airport. San Francisco Inf'1 BALLOT MEASURES GIVES VOTERS RUNWAY APPROVAL In what could prove to be a fatal blow to San FG]Cl«O Iniemational Airport's plans to add new runways :nto San Francisco Bay, environmentally -conscious San F. mcisro voters approved by a margin of three -to -one a bal iot measure Nov. 6 giving them approval over the preject- The ballot measure amends the city's charter to requi_e chat any city -sponsored project to fill in more than: 100 acres of the bay must be approved by San Francisco veners. The airport project would require as many as 900 _ores of the bay to be tilled for runway construction, the Irges. bay fill since the 1930s. The measure was endorsed by the Sierra Club, :Lc Geiden g Gate Audubon Society, and commercial fishin_-cups who are concerned that juicing new runways far into 1. ba}- could alter currents and harm wildlife. This is a strong mandate for protecting San F. _- isco Bay;' David Lewis, executive director of Save t`e Ba. _ an e vironmental group based in Oakland, told the fan lose Aleter ry News"People have a deep love for the'-::y. ? ight now they don't trust the airport commission and ; icr =iry officials to protect it. Voters want a voice. They _r_ sending a message: Don't mess with our bay." Before passage of the ballot measure, the fill-e--:_mbfr San Francisco Airport Commission had final approc_: of c-.e 'o project. Those commissioners were appointed•. San Francisco Mayor Willie Brown, who is a strong --=-_po-�r of thz new runways. Brown and airport officials initially opposed t: = bal_�t measure but endorsed it in the face of strong pu sue Dort. Airport officials contend that the public will approve the new runway project because the air_ c.-t has offered to restore thousands of acres of salt pond :, x.aeaand as a trade for the land it would have to take for ' f runr.. ays. Air: --Neis_ Report Airport ,, Noise n . "J)Jrr,...,.dar> nin titivation. regulations, and technological developments Naples FAA SAYS BAN MEETS 161 RULES BUT BEGINS GRANT VIOLATION INVESTIGATION On Oct. 31, the Federal Aviation Administration finally acknowledged that the ban on Stage 2 business jet operations approved by the City of Naples Airport Authority at the end of last year complies with the agency's Part 161 regulations on notice and approval of airport noise and access restrictions. However, on the same day, the FAA also informed the airport authority that it has begun a formal Part 16 investigation to determine whether the restriction violates federal grant agreements, which could result in the loss of all federal grant funds and pat tremendous pressure on the airport to rescind the ban, which was recently upheld by a federal district court and is the first new noise res�c ctton imposed by an airport since passage of the Airport Noise and Capacity .Act of 1990. The Naples Airport Authority will meet on Nov. 15 to discuss how it should respond to t',e FAA's action. If the airport authority refuses to rescind [he restric- tion and the FAA determines it violates grant assurances and cuts grant funding, the airport authority can appeal that agency decision to a federal appeals court for review. (Continued or. p_ 16/) Islip TOWN DETMANDS FAA CLEARLY STATE POSITION ON LEGALITY OF ORDINANCE Although not stated directly, `put up or shut up' is the essence of the To}�� of I slip response to a demand by the Fedemi Aviation Administration :hat i_e town rescind an ordinaece imposing a S50,000 surcharge on late -night fli_g a at'_ono Island Mto:A,thu= .Airport, which went into effect on Sept. 30. Islip Town Attorney Vincent J. Messina, Jr., is the second official of a Nz-:: York airport autcority to bristle at letters from FAA implying that local note or access restrictions imay Violate federal law while omitting any clear, firm sta:eme -s that they, in fact, do violate the law. Such tac:cs have proven very effective for the FAA in getting airports to back down frog *akin_ actions opposed by the agency because of the thre:a of icss of federal fur.-;ng or, in the case of Westchester County Airport, the acr_al w-i r- holding of an approval of an increase in a Passenger Facility Charge itho_: a clear finding that the county had violated any federal law. Westches er County Attorney Charlene M. Indelicato contends tha: he f_deral statutes FAA has cited in letters to the county do not authorize the a.-ency withhold federal funding before following regulatory procedures for -faking a determination that either grant assurances or PFC rules have been vic%ated . 132 ANR, ls4). In This Issue... rm Naples ... Apparently deteined to force the Naples Airport Authority to rescind its first -ever ban on Stage 2 business jets, the FAA reluctantly acknowledges that the ban meets it's Part 161 rules but begins a formal Part 16 investigation to see whether the ban violates federal grant agreements. The FAA asserts a novel legal theory limiting airports' authority to impose noise restrictions - p. 160 Islip ... The town's attorney demands that the FAA make a "clear, unequivocal determina- tion" that a surcharge on night flights violates federal law and not just imply it does - p. 160 Minneapolis ... In a land- slide victory, R.T. Rybak is elected mayor of Minneapolis and is believed to be the first mayor of a large U.S. city to emerge from the ranks of anti - noise activism - p. 162 News Briefs ... Chicago Mayor Richard Daley is reported to be learning toward giving up construction of a south runway at O'Hare in order to get Ill. Gov, George Ryan's approval of his runwa. reconfiguration project - p. 16_ (Contin:ad or. P. 163) _� November 9, 2001 tial liability exposure for existing levels of noise generatcd by aircraft using the airport. While a great deal of informa- tion has been provided, it is not clear there is anoter proprietary interest that would bring the Stage 2 ban within the scope of the `proprietor exception" he %wrote. Regarding Naples' use of the 60 dB DNL noise contour, Bennett said the FAA's concerns are that the local land use ordinances on which the airport relies to select contours "do not appear to provide a reasonable basis fora restriction on aircraft operations," and that residential development has been, and continues to be, allowed by the City of Naples and Collier County within the 60 dB DNL contour. Bennett said the FAA also has concerns reeardina the "reasonableness" of the Stage 2 ban "based on the NAA's discussion and analysis of benefits and cost in the Part 161 study." These concerns include "(1) whether the NA.A's conclusion that the ban has considerably less cost and substantially greater reduction in impacted population, is reasonable, in light of the costfbenefit analysis provided; and (2) whether the NAA unreasonably eliminated sound insulation as a viable alternative given the Collier County ordinance allowing construction of sound-insulared residential property within the DNL 60 dB contour" The FAA also has concerns, Bennett wrote, regarding the complaint data the airport used to support the Stage 2 ban and "concerns that the N.AA failed to take into account, as an element justifying the restriction for the purpose of compliance with the grant assurances, the effects of restricting non -jet Stage 2 aircraft" that are not certificated as Stage 2 or 3 under federal Part 36 aircraft noise regula- tions. With regard to discrimination, Bennett said it appears that the Naples' ban would allow noisier non -Singe designated aircraft, such as the DC-3, to operate at Naples Airport while restricting some less noisy Stage 2 aircraft, such as the Sabreliner 75A, which is quieter on takeoff. Islip, front p. I60 On Oct. 3, in a sternly worded letter filled c.ith citations to federal taw, FAA Dzputy Associate Admi;tistrator for Airports Paul L. Galls gave Islip Town Supe,. isor Peter McGowan 10 days to respond to an agency request to rescind the S50,000 night surcharge Islip has imposed on the grounds that it "appears" to violate federal grant agreements- and the requirements of FAA's 13rt 161 rules on notice and approval of airport noise and access res:rictions. But Islip Town Attorney Messina called FA.A's duff in an Oct. 12 response to that letter. ". I must first state that, while 1 am grateful for your courtesy in prop iding citation to certain regulations and federal statutes, I am puzzled as to their inclusion, since neither your lever o.-the letter of Eastern Region counsel states anywhere therein that either of you have examined the subject ordinance Lind. most important, find same to be in violation of the provisions of any federal, statute, rule, or regulation. or t1m.t the -own of 162 Islip has exceeded itsjurisdiction in adopcng the same." "Accordingly." Messina wrote. --I respecsully request that the appropriate agency official or crimloyee provide a clear, unequivocal determination ofthe F.-\A's position on this specific ordinance at your earliest possible conve- nience, since same would clearly weigh heavily in any course of action upon which the Town ma,' embark." Messina also corrected FAA's contcntioc that the night surcharge was added as an amendment to a grandfathered noise ordinance that applied lesser fines to nighttime aircraft operations that exceeded a certain noise emission level. "Rather, the town Board has enacted an additional ordinance which imposes a surcharge on Feghts which operate between certain hours," the aaorne.: explained. Minneapolis NEW MAYOR ELECTED FROM ANTI -NOISE RANKS In a landslide victory, anti-noisz activist R.T. Rybak was elected mayor of Minneapolis Nov-6 and is believed to be the first mayor of a large U.S. city to emerge from the ranks of community activism against airport noise. An Internet consultant who has never held elective office, Rybak beat two -term incumbent 1lsyor Sharon Sayles Belton, the city's first female and first blackmayor, by a 30 point margin. the largest margin of victory by a challenger over an incumbent mayor in a general election in the history of Minneapolis. Rybak served as the spokesman for Residents Opposed to Airport Racket (ROAR), an organization foamed about three years ago whose motto is "It's Loud. We Vote." But instead of the in -your -face hostile stance adopted by many anti -noise activists, Rybak, who appears to be a natural politician with a buoyant and charismatic personal - encouraged ROAR members to condor.: their protests in a playful, non -confrontational manner. Several years ago, ROAR held a "pajama party" to protest noise from night flights at Minneapolis -St. Paul fmcraational Airport at which several hundred members gathered a: the airport dressed in elaborately stylized pajamas to -lake airport ofticials and passengers aware of The night-ime noise impact. More recently ROAR held a "swim suit party" to express concernat a public hearing about:=e impact a tunnel being constructed under the new r=%vay at the airport would have on the water level of a eearby lake. We really clowned it up with rubber ducts and funny signs," said Dean Lindberg, a long -tine an:: -noise activist and member of ROAR. The swim party in _ 999 caught the eye of younger Democrats, he said, and the image of communin ity activism turned "from beg w=aners to the cool thing to do." "The important thine that R.-- recognized was to make a point but to make it fun. ,A lot of noise groups miss that point." It is a strategy that has benefits, :he anti rise activist explained. The pajama party and svim par-: demonstra- Airport Noise Report