The Airport Does Not Care About Citizens Ears... Only Their Land...

To: Reno City Councilperson Candice Pearce
Dear Ms. Pearce:

Part 1:
I respond to your comments that Mr. Nicora did not indicate he represented our
neighborhood. Further I present evidence said acquisition/condemnation is not
for noise purposes and request you or an appropriate representative respond.
I again ask the question, what is the public good to be gained by condemning
Rewana Farms for intolerable and unacceptable noise?

Your April 14th agenda contained a "request from Scott Nicora regarding
mediation between the Airport authority and Rewana Farms Property Owners".
Unfortunately I missed testimony presented previous my comments that day but I
do want to point out that your agenda referred to "Rewana Farms Property
Owners". Mr. Nicora has spoken for this neighborhood dating back to the Neil
Road Neighborhood Plan without their knowledge or endorsement and without even
a conversation with them. He has continually negotiated his private interests
at the detriment of the neighborhood as a whole; thus my remarks that day.
Personally, I wish Scott well in his self-seeking pursuits as long as it does
not condemn those residents who have always and continuously lived here
because this is where they want to live. The subject was "Rewana Farms
property owners", owners who do not want to sell as evidenced by their actions
to date. However, some feel forced to sell so Mr. Nicora's request on behalf
of himself could perhaps benefit them since some still have no knowledge of
the facts surrounding the issue.

Other owners stand on evidence and their convictions that this entire
acquisition is fraudulent and illegal, especially for noise purposes. Indeed,
recent decisions of the U.S. Supreme Court indicate the court is beginning to
scrutinize land use controls and development exactions with a view toward a
somewhat more vigorous protection of private property rights. We put to rest
your theory of value as relates to dollars. Please understand and keep in
mind that the Airport is condemning this neighborhood for intolerable,
unacceptable noise. Noise mind you, not Airport expansion, NANG relocation,
or City Redevelopment or Moana Lane extension, but noise. There is a correct,
moral, and legal means to accomplish those desires, but acquiring for noise
with noise acquisition tax dollars is not the acceptable, moral, legal avenue.
Therein is the basis for neighborhood opposition and protest. Please consider
these facts.

1) Book 1 of the Airport Noise Compatibility Study (NCP) called the NEM, or
Noise Exposure Maps, was submitted to FAA with little mention of Rewana Farms.
The NEM Summary that described noise impacts surrounding the airport, which
were of concern stated with regard to our neighborhood, "Where existing
residential use exists, further expansion should be discouraged. Mitigate
noise impacts if further development can't be prevented". (p. 4-5). It was
only after acceptance by FAA of their maps, making them eligible for federal
funding and the ongoing development of the Neil Road Neighborhood Plan (NRNP)
that the Airport realized the southwest quadrant containing Rewana Farms was
"the only large remaining area viable for aviation development. And since
existing deficiency in developable land is one of the greatest constraints
affecting airport's capacity and facility needs" (p. 5-87 & 88), they sought
to establish a means to acquire it under the guise of noise mitigation.

2) Noise levels in this neighborhood were and are marginal since it receives
only sideline noise. The NANG F-4 was the largest contributor of noise,
followed closely by use of Stage 2 aircraft. Page 5-10 shows "the F-4 noise
footprint is significantly greater than one created by Stage III aircraft; p.
5-47 continues RTIA would experience a significant noise reduction without
F-4s". Page 4-15 says there will be "no 70 Ldn impacts in 2010 reflecting
significant reduction in noise impacts with Stage 3 aircraft". Again on p.
4-19 it says "no contours in 70 and above by 2010 due to Stage 3 and departure
of Stage 2". Summary of NEM says it "described noise impacts surrounding
airport which has and will continue to decrease with departure of Stage 2".
Finally, page 6-21 says "Over the past 3 years the extent of noise exposure
has decreased due to the influx of quieter aircraft". To summarize, the
Airport's NEM submittal held no noise concern for this neighborhood because it
was decreasing with ever-increasing Stage 2 retirement and replacement with
quieter Stage 3. Replacement of F-4 aircraft with C-130s eliminated any
further noise concern.

3) The Neil Road Neighborhood Plan (NRNP) adopted February 14, 1995 rezoned this
neighborhood IC with some PO which prevents any further residential
development making existing residential use non-conforming. The Reno Planning
Commission assured the neighborhood they wouldn't be required to move as a
result of the zoning changes. Further, "the non-conforming use provisions of
the Sparks, Reno, and Washoe County zoning ordinances permit the continuation
of any uses or structures made non-conforming. The regulations pertaining to
nonconforming structures govern existing buildings not adequately
soundproofed, allowing them to continue in use" (p.6-17). As is evident,
existing homes are legally allowed non-conforming use and new residential use
is prohibited thus, any concern the Airport could have regarding incompatible
land use or noise is already addressed.

City rezoning took place after approval of the Airport Noise Compatibility
Study at Airport's request since they were concerned a premature rezoning
"might adversely impact their land acquisition plans" (see 8-1-90 City
Planning Meeting Minutes). Again on 9-11-90, the airport advised the City
that "proposed rezoning of areas abutting them may increase their land
acquisition cost". Their concerns were in regard to the unfolding of the
NRNP; I think the intent is clear and speaks for itself.

The NRNP began mid 1988 to "address the needs of local residents and
facilitate citizen input" and was put on hold 10-9-90 when the Rewana Farms
and Persimmon/Alder Neighborhoods learned it involved their neighborhoods and
objected to proposed rezoning and non-compatibility of present actual land
use. (Rewana Farms is a 40-year old neighborhood made up of mostly 1+-acre
parcels occupied by mostly senior citizen property owners. Persimmon/Alder is
also a homeowner occupied, nicely developed and maintained neighborhood.)
Both starkly contrast to the high-density, low income, multi-family rental and
mostly transient Neil Road Neighborhood that would be the recipient of desired
goals in the NRNP.

This is where the airport got involved, creating delays while waiting to see
if the FAA would approve their NEM and provide federal funding for their
desired acquisitions. With the NRNP on hold, the Airport methodically began
preparing Book 2 of the Noise Compatibility Study and corresponding Master
Plan which would now include the southwest acquisition and hopefully realign
the Moana Lane extension. Upon FAA approval of the NCP and with the NRNP
still stalled, they hastened to incorporate it and their Master Plan into the
Regional, Reno, Sparks and Washoe County comprehensive jurisdictional planning
agencies Plans. Now having their ducks in a row with the exception of the
final alignment of the MLE, the go ahead was given and the NRNP resurrected in
a City staff report 10-10-94 with final adoption February 14, 1995.
Jackie Decker

---

Part 2:

4) The Airport repeatedly used Moana Lane as a justification for their
acquisition with statements like, " The acquisition and reuse is further
supported by pending construction of the MLE through the middle of
neighborhood ". Again on page 5-62 they say, "the Neil Road Neighborhood
will soon be bisected by 4-lane arterial Moana Lane requiring acquisition of
right-of-way & removal of residential units", significantly altering
residential complexion and benefiting the City with an enhancement to the
local tax base and redevelopment investment through large scale
commercial/industrial. A significant portion would be zoned for airport-
related activities and aviation development. The NRNP addressed these two
goals to enhance local tax base and buffer existing residential land uses from
adverse noise and traffic impacts associated with the proposed MLE and
airport. The concern of an oversupply of commercial land will be mitigated by
airport use for aviation related activities.

The NRNP was adopted without a decision as to the ultimate realignment of the
MLE. Rewana resident Gil-Bert Weikel asked for clarification of the alignment
location during the 12-7-94 Planning Commission meeting. City Planner, Mr.
Thomas explained "the final alignment was not known and would not be until RTC
purchased rights-of-way". During the 2-14-95 public hearing, "Derek Morse of
RTC outlined the proposed MLE explaining RTC was currently designing the new
alignment and once alignment is final, staff will re-evaluate zoning and may
increase PO east of Rewana to alignment" (See Planning Commission Meeting
minutes). The Airport and RTC now attempt to say the MLE alignment as shown
on most maps is final with no evidence of a formal process moving it from the
alignment adopted in 1986. They make reference to Interlocal Cooperative
Agreements, none of which discuss moving the alignment.

5) Throughout the Neil Road Neighborhood Planning process, the development of
the Airport Noise Compatibility Study (both books and the revision), Airport
Master Plan and the RTC's Moana Lane extension realignment planning, it is
evident the southwest quadrant and specifically the Rewana Farms Neighborhood
was targeted for acquisition in the least expensive manner possible. The
preferred manner was obviously through utilization of federal and local tax
dollars to the maximum degree possible. One has only to read all Technical
Advisory Committee minutes of the three RTIA NCP submittals to the FAA, the
Reno Planning Commission Meeting minutes and City Staff reports surrounding
the NRNP and NANG Colonel Clark's 6-7-90 letter to Airport Executive Director
White to see the conspiracy. Minimal reading of just these referenced
documents tell the story. The actual Part 150, Master Plan and Neil Road
Neighborhood Plan dispel any doubts a reasonable person could have.

6) Affected Rewana Farms property-owners were never informed or noticed of
planned Airport acquisition; not by the Airport, not by local governing
agencies, not even by local news media. It seems reasonable that an
intentioned action so life-altering as to displace citizens from their homes
and rip apart a neighborhood would generate some public interest. Such
information was deliberately withheld. The last public information workshop
was held the day before the land use TAC meeting where acquisition plans were
discussed. Newspaper Public notice ads contained no mention of land use or
acquisition. Not until the Public Hearing newspaper ad which quote "will not
be a debate of the issues", were proposals of "several land use management
measures intended to mitigate the impacts of noise on current residents of the
noise-impacted area and to reduce the risks of noise impacts on future
residents of the area" revealed. Planning was completed and decisions made,
void of debate, and without notice or participation. Airport acquisition
plans were not disclosed to the public during the NRNP efforts either. Claims
that Rewana Farms residents were afforded an opportunity to participate in
planning or adoption of planned acquisition are totally false. Moreover,
Airport and City of Reno still refuse to address this lack of representation.

There is so much more to this whole issue than what I have laid out in this
letter. Federal regulations that prohibit discrimination in land acquisition
projects, mandating the neighborhood be addressed as a whole; failing to
acquire noise-impacted residences who have requested acquisition and for which
FAA grants have been made, to acquire compatible commercial use instead; and
many others, too numerous to mention in one writing.

Two Reno-appointed Trustees, and one appointed from Sparks looked at some of
this evidence in the past, prompting them to seek more information and an
explanation of what they had seen. In fact, they even came to City Council
requesting assistance and direction. They were ostracized and condemned for
their questioning and attempt at fact-finding; now only one enlightened
Trustee remains. Others are misinformed or deliberately ignore the truth they
have been provided. Consider the time, effort, and cost the Airport has
expended to maneuver around the real issues with their "paid" experts to
validate "their" truth.

I can assure you that our unwillingness to give up and go away is not an issue
of money. Rather it is an issue of dishonesty, discrimination, fraudulent
abuse of federal funds, and abuse of power and lack of representation, to name
a few. While it is true many neighbors have not survived the Airport's reign
of terror, a large portion of the neighborhood remains; myself included. We
will continue to fight to protect our God-given, constitutional rights. There
is simply no factual or legal basis on which to continue Rewana Farms
acquisition/condemnation; there never has been.

Lastly, please take a look at the enclosed acquisition maps. Notice Exhibit
5V from the Airport NCP defining the acquisition area surrounding our
neighborhood based on their noise contours. Note it extends well west of the
proposed MLE. Next look at the southwest acquisition area identified by their
1-30-96 map prepared by PSI. You can see acquisition stops at the MLE
directly west of the airport, but also notice the acquisition area now extends
west of the noise contours to the north of the proposed MLE clear past Neil
Road. Look how the map has changed by 3-10-98, even by 6-20-96. By June some
parcels had been added, some taken away; identified future acquisitions now
"may be" purchased; and acreage and parcel totals completely off. Parcel
numbers were also added. By March of this year much confusion surrounds whom
will purchase what and when. There were at least 4 map revisions in-between.

Add to this the resolution the Airport adopted to rent out purchased
properties to other than acquired Rewana Farms residents. In other words, I
guess non-existing residents would not be negatively noise-impacted. Does it
sound like or look like the Airport is really acquiring for noise?

If my letter even piques your curiosity I would appreciate you sharing it and
the attachments with your fellow council members and Mayor. In fact, I
respectfully request distribution of this package to all the above, and the
City Manager and City Attorney and others if deemed applicable and
appropriate.

I addressed you because of your concern and comment regarding Scott.
Additionally though, I have observed you extricate additional facts regarding
nearly every discussion brought before Council before voting in recent months.
My expectation would be that you afford this neighborhood your same care and
concern. Thanking you in advance I remain,

Sincerely,
(Attachments Available)

Jackie Decker

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