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HomeMy WebLinkAboutR-98-0755J-98-701 7/15/98 RESOLUTION NO. 9 V 755 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, ("AGREEMENT"), PERMITTING MIAMI DADE COUNTY TO ENTER UPON KINLOCH PARK, BRYAN PARK, DAWKINS PARK, ALICE WAINWRIGHT PARK, MORNINGSIDE PARK, AND BAYFRONT PARK, FOR THE PURPOSE OF INSTALLING, OPERATING AND MAINTAINING NOISE MONITORING EQUIPMENT TO DETECT AND MEASURE NOISE LEVELS ON THE GROUND GENERATED BY AIRCRAFT IN THE VICINITY OF MIAMI INTERNATIONAL AIRPORT; PROVIDING FOR A TERM OF FIVE YEARS WITH AN OPTION TO RENEW FOR ONE ADDITIONAL FIVE YEAR TERM, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. WHEREAS, Miami -Dade County (the "County") would like to enter into a License Agreement with the City of Miami for the purpose of installing, operating and maintaining noise monitoring equipment, to be located in five City parks, for the purpose of detecting and measuring noise levels on the ground generated by aircraft in the vicinity of Miami International Airport; and WHEREAS, the operation of the noise monitoring equipment will facilitate and assist the County in its response to the concerns and complaints of residents of the City of Miami; and WHEREAS, the Director of the Department of Parks and Recreation has approved the installation of the noise monitoring equipment in five (5) City parks; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution arehereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized l / to execute a License Agreement, in substantially the attached form, (the "Agreement") with Miami -Dade, a political subdivision of the state of Florida, (the "County"), permitting the County to enter upon Kinloch Park, Bryan Park, Alice 1 The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribedzeb.�� Charter and Code provisions. f— I CM Llosuwqmv ATTACHMENT (S) CONTAINED MEETmG cf J U L 2 t 1998 Revolutio 98- 705 Wainwright Park, Morningside Park, and Bayfront Park, for the purpose of installing, operating and maintaining noise monitoring equipment, to be utilized by the County to detect and measure noise levels on the ground generated by aircraft in the vicinity of Miami International Airport. Said Agreement to provide for a term of five years with an option to renew for one additional five year term, and with such additional terms and conditions as are more particularly set forth in the Agreement. Section 3. This Resolution shall become effective upon its adoption and signature of the Mayor./ PASSED AND ADOPTED this 21st day of July , 1998. JOE CAROLLO, MAYOR ATTEST: WALTER J. FOEMAN, CITY CLERK CO PR EGTNI�AD I:1 W2696:JOB/kd/csk In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate ap0rov". of this legislation by signing it in the designated place providF d, . aiel becomes effective with the elapse of ten (10) days frgyn the date of Cern n regarding same, without the Mayor exercising alre Wafter Oman, City Clerk 2/ If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passes and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission - 2 - 98- 755 AIRCRAFT NOISE MONITORING EQUIPMENT LICENSE AGREEMENT THIS LICENSE AGREEMENT, is made and entered into as of this day of , 1998, between Miami -Dade County, a political subdivision of the State of Florida, (the "COUNTY"), and the City of Miami, a municipal corporation of the State of Florida, (the "CITY"); WHEREAS, the citizens of Miami -Dade County desire to have a means to monitor the amount of aircraft noise being generated from operations from Miami International Airport ("MIA"); and WHEREAS, the parties desire to cooperate and work together to reduce off - airport noise impacts; and WHEREAS, on July 14, 1998, the City Commission passed and adopted Resolution No. 98- , authorizing the City Manager to enter into an agreement with COUNTY for the purpose of installing, operating and maintaining certain noise monitoring equipment to be located in five City owned parks. NOW THEREFORE, in consideration of the promises and the mutual covenants herein contained, the parties hereto agree as follows: 1. In consideration of the benefit to be derived by the citizens of Miami - Dade County from the reduction of aircraft noise, the CITY hereby grants to COUNTY the right to enter upon the City owned parks, more specifically described below, to install, operate and maintain certain noise monitoring equipment designed for the specific purpose of detecting and measuring noise levels on the ground generated by aircraft in the vicinity of MIA (the "Equipment"). 2. The Equipment shall be installed at the locations described in Exhibits "A", `B", "C", "D" and "E", attached hereto and made a part hereof (hereinafter referred to as the "Locations"). 3. The Equipment is to be installed, operated, maintained and removed at the sole cost of COUNTY, with the CITY having no responsibility of any nature whatsoever for damage to the said Equipment or to any damage caused by the installation, operation maintenance or removal of the Equipment. If the CITY deems it is required, COUNTY at its sole cost shall make all necessary repairs to the Locations caused by COUNTY'S use thereof. Should COUNTY fail to repair any damage caused to the Location within ten (10) days after receipt of written notice from CITY directing the required repairs, CITY shall have the right, but not the obligation, to cause the Location to be repaired at the sole cost and expense of COUNTY. COUNTY shall pay CITY the full cost of such repairs within ten (10) days of receipt of an invoice indicating the cost of such required repairs. 98-- 755 4. The CITY hereby grants to COUNTY the right of ingress and egress over the Locations necessary or convenient for the installation, operation and maintenance of the Equipment. 5. This License shall become effective as of the date first written above, and shall continue, unless earlier terminated as provided for below, for a term of five years. The City Manager is hereby authorized to renew the term of this License for one additional five year period, if additional monitoring is required to benefit the residents of the area, upon request of COUNTY, submitted in writing at least ninety days prior to the expiration date. 6. Both parties agree that in the process of installing and maintaining the monitoring Equipment, COUNTY may be required to trim bushes or trees to prevent damage to the Equipment. Every effort shall be made by COUNTY to minimize trimming. COUNTY must receive written approval from the Director of the CITY'S Parks and Recreation Department prior to the trimming of any bushes or trees at the Locations. Such approval will not be unreasonably withheld by the CITY. 7. Subject to the Provisions of and within the limitations set forth in F.S. 768.28, the COUNTY shall indemnify, hold harmless and defend the CITY from and against any and all claims, suits, actions, damages or causes of action of whatever nature arising during COUNTY'S use and occupancy of the Locations, for any personal injury, loss of life or damage to personal and/or real property sustained in or on the Locations, by reason of or as a result of COUNTY'S use or operations thereon, and from and against any orders, judgments or decrees which may be entered thereon, and from and against all costs, attorney's fees, expenses and liabilities incurred in an about the defense of any such claims and the investigation thereof. COUNTY further acknowledges that as lawful consideration for being granted the right to utilize and occupy the Locations, COUNTY, on behalf of its employees, agents, invitees or officials, does hereby release from any legal liability the CITY, its officers, agents and employees, from any and all claims for injury, death or property damage resulting from COUNTY'S use of the Locations. 8. All notices or other communications which may be given pursuant to this License shall be in writing and shall be deemed properly served if delivered by personal service or by certified mail addressed to CITY and COUNTY at the address indicated herein or as the same may be changed from time to time or for purposes of terminating or canceling this License the CITY may serve notice by posting at the Locations. Such notice shall be deemed given on the day on which personally served, or if by certified mail, on the fifth day after being posted or the date of actual receipt or if by posting, on the day it is posted at the Locations, whichever is earlier: 2 98- 755 CITY OF MIAMI: City of Miami City Manager 3500 Pan American Drive Miami, FL 33133 COPY TO: City of Miami Asset Management Division 444 SW 2nd Avenue, Suite 325 Miami, FL 33130 COUNTY: Miami -Dade County Aviation Department Development Division 4200 NW 36 Street Building 5A, 41h Floor Miami, FL 33122 9. COUNTY accepts this License and hereby acknowledges that COUNTY'S strict compliance with all applicable federal, state and local laws, ordinances and regulations is a condition of this License, and COUNTY shall comply therewith as the same presently exist and as they may be amended hereafter. 10. If COUNTY in any manner violates the restrictions and conditions of this License then, and in the event, after ten (10) days written notice given to COUNTY by the City Manager within which to cease such violations or correct such deficiencies, and upon failure of COUNTY to do so after such written notice within said ten (10) day period, this License shall be automatically canceled as to the Location(s) in which the violation occurred without the need for further action by the CITY. 11. Notwithstanding the provisions of paragraph 10 above, if the CITY deems this License is no longer in the best interest of the CITY this License may be canceled in its entirety or the CITY may require removal of the monitoring equipment from a specific Location, upon thirty (30) days written notice to COUNTY. IN WITNESS WHEREOF, each of the parties to this Permit has caused the same to be executed the day and year first above written. ATTEST: CITY OF MIAMI, a municipal corporation of the State of Florida Walter J. Foeman City Clerk Donald H. Warshaw City Manager 3 8 - 755 APPROVED AS TO FORM AND CORRECTNESS: Alejandro Vilarello City Attorney ATTEST: MIAMI-DADE COUNTY Print Name Title Print Name rd 98 _ 755 CITY OF MIAMI, FLORIDA 23 INTER -OFFICE MEMORANDUM To : Honorable Mayor and Members UP ! � 91CP FILE of the City Commission DATE: FROM: (/na'lgHWarshaw LL City Manager RECOMMENDATION SUBJECT: Resolution Authorizing the City Manager to Execute a License Agreement With Miami Dade County Aviation Dept. REFERENCES: City Commission Agenda ENCLOSURES: July 21, 1998 The administration recommends that the City Commission approve the attached Resolution authorizing the City Manager to execute a License Agreement ("Agreement"), in substantially the attached form, with Miami Dade County Aviation Department (MDCAD). This Agreement will permit MDCAD to install, operate and maintain noise monitoring equipment to be located in Kinloch Park, Bryan Park, Dawkins Park, Alice Wainwright Park and Morningside Bayfront Park. The monitoring equipment will detect and measure noise levels on the ground generated by aircraft in the vicinity of Miami International Airport. The Agreement will be for a term of five years, with an option to renew for one additional five year term, at no charge, with terms and conditions as more particularly set forth in the Agreement. BACKGROUND The proposed noise measuring devices are part of a County -wide network of similar devices. These devices function in an integrated fashion to provide MDCAD with important data relating to the level of noise produced by aircraft as they travel over the County's air space. Other municipalities, including the City of Miami Beach and Virginia Gardens, are participating in the Countywide network and have allowed MDCAD to install the monitoring devices in their communities at no charge to the County. When fully operational this system will enable MDCAD to effectively monitor instances of reported noise intrusion throughout the County. Pilots responsible for such infractions of established procedures, and their employers, will thus be held accountable for their actions. This system is intended to discourage infractions of established noise abatement procedures by aircraft pilots and if necessary penalize their employers in order to deter and minimize aircraft noise intrusion. The Director of the Department of Parks and Recreation has approved the installation of the noise monitoring equipment in five City parks; Kinloch Park, Bryan Park, Dawkins Park, Alice Wainwright Park and Morningside Bayfront Park. PV DHW:CMC:DB:SA:ResoCoverMDCAD 9 Q_ 7 5 j • 1a G`Z New tracking system takes off''.'. Flight and noise monitors provide friendlier skies., By DAMARYS OCANA Herald Staff Writer A thundering noise morning frightened Sager out of sleep an bed. There, while list picture frames shake she anticipated a pla into her Key Biscayn hood. "The whole neighborhood was talking about the incident for days afterward, but I didn't bother to call the airport because I knew they wouldn't be able to tell me much about it," Sager said. Thanks to a new state-of-the-art, computerized flight and noise at 4:30 one Samantha d under her ening to the on the walls, ne crashing e neighbor- tracking system worth $1.6 mil- lion, that has changed, Miami International Airport officials say. The new Airport Noise and Operations Monitoring System, or ANOMS, went on-line this week. Full of sharp, three-dimensional graphics and information about flight paths and plane noise, the system can tell within three days which airlines and pilots are veer- ing off their flight plans. It can show if they're flying too close to the ground or causing more noise in any one community. Animated graphics show countywide avia- tion activity as it happens. Miami -Dade Aviation officials say they are now better equipped' to investigate complaints and pressure airlines into "flying friendly" — sticking to their assigned flight plans and avoiding, as much as possible, bothering. people on the ground. Pilots are given flight paths to follow, but once in the air, airport officials say, pilots sometimes take shortcuts over residential neighborhoods. The Federal Avia- tion Administration forbids air- ports from fining airlines. With ANOMS, they say they. will have more ammunition to ask PLEASESEE PLANES, 40 - 48 THE HERALD, SATURDAY, JULY 4,1"S F State - of- the - art trackin S stem rovides friendlier skies'' gy p s R.M*a, FROM 10 the FAA to alter flight patterns if needed. ANOMS will also monitor run- way activities, helping catch com- mercial airlines and cargo compa- nies that may lie about how many times they land to avoid paying high landing fees, officials said. Miami International took in $46.3 million in landing fees during the 1996-97 budget year. "This is going to keep every- body honest," said Manuel Rodri- guez, Miami International Air- port's planning manager. The biggest installation of its kind in the country, Rodriguez said, ANOMS can track activity at all of the county airports — Miami International, Opa-locka, Homestead Regional and General If you want to complain about noisy or low -flying aircraft In your neighborhood, call 305-876-7526 any time. Complaint officers answer the phones between 8:30 a.m. and 5 p.m. After hours, you can leave a message. To reach the Illegal engine run-up hot line. call 305-876-7333. You can also send a complaint via e-mail at noise@miami-air- port.com. Aviation, Kendall-Tamiami Exec- utive, and the Training and Tran- sition Airport. But it likely will be used most for Miami Interns tional complaints. The county will finish placing 20 noise monitors throughout the county in the next two weeks to complete the installation. "We have no objection to this program at all," said John Hotard,_ spokesman for American Airlines. This could prove beneficial for us, because when people get noise in their neighborhood, oftentimes, they'll assume it's us, because of our size at Miami International." Programs In place ANOMS programs are already in place, at least in part, at Holly— wood -Fort Lauderdale Interna- tional, Fort Lauderdale Executive, Palm Beach International, Orlando and other major airports, including Chicago O'Hare, Den- ver International and London's Heathrow. After receiving a complaint call, airport officers take the caller's address and the time of the flight in question. On a map, the officer zooms in on the caller's community or even street and retrieves information on every flight that took place over the area during that time. Neon lines representing flight paths appear on 'the screen, and the officer simply clicks on one to get the airline name, flight num- ber, pilot's name, the type of plane, and its altitude, speed and distance from buildings. "This is very valuable," Key Biscayne Mayor John Festa said. "But the equipment is only going to be as good as the data they get and what they do with it." Jeff Bunting, MIA's environ- mental planner who oversees the noise complaint hot line, said the airport will send the complainant a written report and write a letter to the offending pilot and airline. He hopes that the possibility of bad publicity will keep the airlines flying right. Airlines do not want to see their name in the paper saying that they are uncooperative with noise abatement procedures," he said. "That hits home." Years of complaints For years, community leaders in Miami Springs, Virginia Gardens, Grapeland Heights and Morning. side have petitioned the airport for noise abatement mer and fought the likely constn of a fourth runway at MIA. r „cy s--y the new system is a good start. Their complaints have ranged from pre -dawn engine r4n-ups, takeoffs and arrivals to pollution from the planes. "This is the only way we can hold their feet to the fire," Vir- ginia . Gardens Mayor Paul Bithom said. "It's a good first step." Key Biscayne's main gripe has been airplanes flying over the island instead of over the sur- rounding water. "The traffic overhead seems to be getting worse," Sager said. "It almost looks like they're using Crandon Boulevard as a fourth runway. Sometimes 1 think that if I had a flare gun, I could tit the belly of a plane."