Miami-Dade Legislative Item
File Number: 030949
   

File Number: 030949 File Type: Resolution Status: Adopted
Version: 0 Reference: R-295-03 Control: County Commission
File Name: MIAMI-DADE AVIATION AD HOC COMMITTEE Introduced: 4/1/2003
Requester: NONE Cost: Final Action: 4/8/2003
Agenda Date: 4/8/2003 Agenda Item Number: 7A2B
Notes: Title: RESOLUTION CREATING THE MIAMI-DADE AVIATION AD HOC COMMITTEE FOR THE PURPOSE OF DEVELOPING A PROPOSED AVIATION AUTHORITY ORDINANCE; PROVIDING MEMBERSHIP, PURPOSE AND TERM
Indexes: AVIATION AUTHORITY
  AVIATION DEPARTMENT
Sponsors: Dr. Barbara Carey-Shuler, Prime Sponsor
  Sally A. Heyman, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 4/8/2003 7A2B Adopted P
REPORT: Chairperson Carey-Shuler asked that her colleagues take the leadership role on the foregoing proposed resolution creating the Miami-Dade Aviation Ad Hoc Committee to develop and proposed aviation authority ordinance. Miami-Dade County Mayor Alex Penelas stated the foregoing resolution would create a collegiate between groups to debate issues to create an aviation authority ordinance. He concluded by urging the Board to support the foregoing item. Commissioner Sosa spoke in opposition of the creation of an aviation authority. Commissioner Diaz stated he would not support this proposed resolution. He suggested that the Transportation Committee be given an opportunity to review the foregoing item. Commissioner Diaz offered an amendment to include members of the Board to serve on the ad hoc committee. He suggested that Commissioner Moss serve on the aviation ad hoc committee. Chairperson Carey-Shuler welcomed members of the Board to participate in the meetings of the ad hoc committee. Commissioner Sorenson suggested that the ad hoc committee report to the Transportation Committee. Commissioner Heyman supported Chairperson Carey-Shuler proposed resolution that would promote the Board's advocacy role on the issues to be addressed by the Aviation Ad Hoc Committee. During discussion of the foregoing item, Commissioner Morales indicated he would present an alternative proposal to get out of the procurement business across the board and retain control for critical decision making for the County. Chairperson Carey-Shuler explained her intent for the Procurement Management Policy Subcommittee who would review all countywide procurement. Commissioner Moss explained his position on the issue of aviation authority. Commissioner Barreiro suggested that sponsors of the foregoing item accept an amendment that the ad hoc committee present recommendations for the creation of two ordinances regarding an airport authority and privatization of the airport. Commissioner Souto offered an amendment to the foregoing to include the Port of Miami. It was moved by Commissioner Barreiro and seconded by Commissioner Martinez that the foregoing proposed be amended to instruct the ad hoc committee to draft two proposed ordinances regarding the airport authority and the privatization of the airport for discussion. Chairperson Carey-Shuler expressed concern with the privatization model issue. She felt there was no consensus with members of the Board regarding privatization and would not support Commissioner Barreiro's suggested amendment. Commissioner Rolle spoke in support of the formation of an aviation ad hoc committee. He responded to comments made pertaining to procurement and indicated inclusion of minority participation must exist for County contracts. Mayor Penelas summarized the discussion held concerning the foregoing item and noted the intent of the resolution was to study the creation of an aviation authority. He pointed out efforts were being made in the community to organize a campaign to gather necessary petitions to put this issue before the voters. Mayor Penelas stated the effort brought forth by Chairperson Carey-Shuler was extraordinary. He asked that the Board reconsider the proposed amendment by Commissioner Barreiro regarding privatization of the airport that he supported. Mayor Penelas concluded by urging the Board to support the foregoing proposed resolution. Chairperson Carey-Shuler stated any member of the Board could present a proposal to the appropriate committee pertaining to the privatization of the airport for consideration. Commissioner Souto discussed his intent for inclusion of the Port of Miami in this proposed resolution. Commissioner Sosa reiterated her opposition to the aviation authority. Chairperson Carey-Shuler asked that staff move expeditiously to convene the ad hoc committee. She noted the resolution stated the committee should within a four-month period preferably within three months submit a recommended aviation authority ordinance to the Board. Dr. Carey-Shuler stated she would submit her proposed committee members to the Clerk and asked staff to work with this committee.

County Attorney 4/1/2003 Assigned Abigail Price-Williams

Legislative Text


TITLE
RESOLUTION CREATING THE MIAMI-DADE AVIATION AD HOC COMMITTEE FOR THE PURPOSE OF DEVELOPING A PROPOSED AVIATION AUTHORITY ORDINANCE; PROVIDING MEMBERSHIP, PURPOSE AND TERM

BODY
WHEREAS, the Miami-Dade County's airport system ("airport system") consists of Miami International Airport ("MIA"), four general aviation airports including, Opa-locka, Opa-locka West, Kendall-Tamiami Executive and Homestead General, and a Training and Transition Airport in Miami-Dade and Collier counties, and since 1973, the airport system has operated the system through the County's Aviation Department under Article XXXII of the Code; and
WHEREAS, Miami-Dade County recognizes that MIA operates in a dynamic and global environment that demands focused attention to ensure it maintains a competitive edge throughout periods of economic downturns, airline bankruptcies, war, terrorism, economic recoveries and prosperity; and
WHEREAS, MIA is the twelfth busiest airport in the United States in terms of total passengers, the third busiest airport in the United States in terms of international passengers and the sixth busiest in the world in terms of international freight; and
WHEREAS, MIA is serving approximately 90 domestic and international airlines and the Board has approved a $4.8 billion, capital improvement program for the entire airport system, most of which will be used to construct facilities for the requirements of domestic and international airlines at MIA; and
WHEREAS, MIA is considered the economic engine of South Florida with an estimated annual impact of over $13 billion accounting for one quarter of the County's gross product and with a regional direct and indirect employment impact estimated at 200,000 jobs; and
WHEREAS, unlike most County assets, MIA is a public facility that is not only self-sufficient but contributes billions to the economy, thereby improving the quality of life for all citizens of Miami-Dade County and its continued vitality and growth are essential; and
WHEREAS, an airport authority can increase the airport's competitiveness in terms of improved customer satisfaction and greater efficiency as it relies increasingly on business management practices proven to be most effective in a competitive environment; and
WHEREAS, this Board desires to establish an Aviation Ad Hoc Committee to develop and present a proposed aviation authority ordinance to the Commission,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. The matters contained in the foregoing recitals are incorporated in this resolution by reference.
Section 2. Creation. There is hereby created the Miami-Dade Aviation Ad Hoc Committee (the "Ad Hoc Committee").
Section 3. Purpose. The Ad Hoc Committee is created to evaluate how MIA is currently governed, and to recommend to the Board of County Commissioners a proposed airport authority ordinance.
Section 4. Appointment, Composition, Conflict of Interest.
(a) Appointments to the Ad Hoc Committee shall be made as provided herein. The Ad Hoc Committee shall be composed of the duly elected chairpersons or equivalent leaders, of the following fifteen (15) organizations unless otherwise designated by the organization or as provided for herein:

1. Airport & Aviation Professionals, Inc. (AvAirPros), (MAAC Consultant)

2. Beacon Council

3. CAMACOL

4. Greater Miami Aviation Association

5. The Greater Miami Chamber of Commerce

6. The Greater Miami Convention and Visitors Bureau

7. Florida Memorial College - Airway Science Professor (Appointed by the President of the University)

8. Florida International University - Economics Professor (Appointed by the President of the University)

9. Haitian American Chamber of Commerce

10. Miami-Dade County League of Cities

11. Miami -Dade County Chamber of Commerce

12. The World Trade Center Miami

13. Labor/Union Representative (Appointed by the Commission Chair)

14. The League of Women Voters

15. The Miami Business Forum

No vacancy in the Ad Hoc Committee membership or of an organization named above shall impair the right of the Ad Hoc Committee to exercise its duties and responsibilities. A member of the Ad Hoc Committee shall not be eligible to serve on the airport authority or do business with the authority for three (3) years after termination of his or her membership on the Ad Hoc Committee. The Miami-Dade County Conflict of Interest and Code of Ethics Ordinance, Section 2-11.1 of the Code of Miami-Dade County, Florida, as amended from time to time, shall be applicable to the members of the Ad Hoc Committee. No person who has served as a member of the Ad Hoc Committee shall, for a period of three (3) years after said membership has ceased, lobby an authority member, employee or agent, a County employee or an authority nominating council member in connection with any subject matter in which the authority or airport system has any interest whether direct or indirect.
(b) Members of the Ad Hoc Committee should have expertise or experience in one or more of the following areas: finance, law, business, aviation, public affairs, construction, economics, labor relations, marketing or management. The members of the Ad Hoc Committee shall serve without compensation.
(c) At all meetings of the Ad Hoc Committee, the presence of eight (8) members of the Ad Hoc Committee shall constitute a quorum for the transaction of business, and each Ad Hoc Committee member shall have one (1) vote on every issue submitted to a vote of the Ad Hoc Committee. The affirmative vote of a majority of the Ad Hoc Committee members at a meeting at which a quorum is present shall constitute action of the Ad Hoc Committee.
(d) The Ad Hoc Committee shall organize after its members have been appointed and shall elect a Chair and Vice-chair.
(e) Members of the Ad Hoc Committee shall be subject to the provisions of Section 286.011 of the Florida Statutes, the "Sunshine Law", as amended from time to time. All Ad Hoc Committee meetings shall be open to the public and written minutes of the proceedings thereof shall be maintained in the manner as provided in Chapter 119 of the Florida Statutes, as amended from time to time.
Section 5. Report. The Ad Hoc Committee shall submit its recommended aviation authority ordinance to the Board of County Commissioners within four (4) months of the effective date of this Resolution unless the deadline for submitting the proposed ordinance is extended by the Chair of the Board of County Commissioners.
Section 6. Staff Support. The County Manager shall assign the Aviation Director and other appropriate staff support to the Ad Hoc Committee to enable it to carry out its purposes. The Clerk of the Board shall assign appropriate staff support to the Ad Hoc Committee to enable it to carry out its purposes.
Section 7. County Attorney. The County Attorney shall assign an Assistant County Attorney to the Advisory Board to serve as its legal counsel.
Section 8. The Ad Hoc Committee shall convene its first meeting on the business day immediately following the effective date of this resolution.

HEADER
To: Honorable Vice Chair and Members
Board of County Commissioners

From: Barbara Carey-Shuler, Ed.D.
Chairperson
Date: April 8, 2003
Re: Ad Hoc Aviation Committee
INTRODUCTION

The purpose of this memorandum is to put forth my proposal for an alternate governance structure of our aviation system. The proposal will be developed through the Ad Hoc Aviation Committee that will recommend an appropriate authority (governance structure) devoid of political bias, debate and matters unrelated to aviation. The authority will focus on the day-to-day operational matters of Miami International Airport (MIA) and other infrastructure comprising the aviation system of Miami-Dade County.

Creation of the Ad Hoc Aviation Committee is predicated on the need to address the following:

1. Widespread concern that MIA will be critically impacted by the continued drop in bookings for both domestic and international travel;

2. Serious economic consequences of an aviation industry in dire financial condition;

3. Lingering investigations of improprieties in contract awards and lobbyist activities;

4. Fiscal impacts created by capital expansion plans that may no longer be fully funded; and,

5. Challenges created by enhanced security measures, on-going construction activity and fluid schedules, all of which further complicate the building of a world-class facility over an existing airport that must remain fully operational.

MIA'S IMPORTANCE TO THE ECONOMY

How we govern MIA, a most valuable asset and a profitable business owned by the County's residents, is a serious question. MIA is big business: it pumps more than $13 billion annually into the County's economy and employs 200,000 individuals. MIA has become the twelfth busiest airport in the United States (US) in terms of total passengers, the third busiest airport in the US in terms of international passengers and the sixth busiest in the world in terms of international freight.
MIA is now serving more than 90 domestic and international airlines, more than any other in the United States. The County Commission already has approved a $4.8 billion capital improvement program for the entire airport system, much of which will be used to construct facilities for the requirements of domestic and international airlines.

But all of this could change if we do not face the realization that MIA is vulnerable to the exigencies of today's volatile economy and an unpredictable future for the aviation industry.

Recent reports in The Miami Herald point out that advance bookings are down as much as 40 percent for trans-Atlantic flights and 20 percent domestically. Major airlines have announced that they would eliminate 10,000 jobs and cut 6 to 12 percent of their flight schedules. On March 28, 2003, The Herald reported that American Airlines, Miami-Dade County's largest private sector employer with more than 9,000 workers, had to consider filing for bankruptcy as a means of survival.

TITLE

ACHIEVING STANDARDS OF EXCELLENCE AT MIA

For many months the topic of how the airport system should be operated and governed has been studied and discussed. Mayor Alex Penelas, Commissioner Dennis Moss and I have diligently worked on this issue. The Mayor's Blue Ribbon Aviation Committee of 2000 concluded that an independent authority should be established--a recommendation which I embrace.

It is a new era. It is time for Miami-Dade County government to dialogue with the business community and form a public-private partnership to streamline decision making. The airport system can be run more like a business by allowing the airport director to report directly to an authority. Presently, the system is managed by an experienced director; however, she reports to an assistant county manager who, in turn, reports to the county manager who then must report to the Board of County Commissioners.

In my view, the airport director should run the day-to-day operations and report to an authority composed of aviation, finance and marketing experts who can best make the tough decisions and be more responsive to a volatile business climate. I envision the authority as an instrument of the County, able to enter into and enforce all airport-related contracts. It must operate in the sunshine, hold public hearings and adhere to all federal, state and county laws. It must award contracts fair and square, in the absence of "lobbyist participation" or influence, giving the opportunity to all who qualify to carry out capital projects or provide services.

The authority, however, must be accountable to someone. That responsibility resides with the County Commissioners because we, as elected officials, are the guardians of all public assets. While the Commission would neither be involved in the procurement process nor make operational decisions, the Commission should continue to establish airport policy, retain eminent domain and bonding power and approve the airport's annual budget. Deciding how taxpayers' money is spent is the most important policy decision made by the County Commission.

PROPOSAL SPECIFICS

Careful thought and discussion must precede a plan to change the airport system's governance. On April 8, 2003, I propose the creation of an Ad Hoc Aviation Committee whose mission is to craft an aviation authority ordinance that will receive thorough and comprehensive review at public hearings of the Transportation Committee chaired by Commissioner Dennis Moss.

The committee will be subject to the Sunshine Law and composed of a diversity of community and industry leaders having expertise in finance, law, business, aviation, public affairs, construction, economic, labor relations, marketing or transportation. Their deliberations will focus on and refine prior initiatives.

A member of the Ad Hoc Aviation Committee shall not be eligible to serve on the airport authority for three (3) years after the termination of his or her membership on the Ad Hoc Committee.

A member of the Ad Hoc Aviation Committee shall be prohibited from doing business with or lobbying on airport issues for three (3) years after the termination of his or her membership on the Ad Hoc Aviation Committee.

No vacancy in the Ad Hoc Aviation Committee membership or of an organization named above shall impair the right of the Ad Hoc Aviation Committee to exercise its duties and responsibilities.

At all meetings of the Ad Hoc Aviation Committee, the presence of eight (8) members of the Ad Hoc Aviation Committee shall constitute a quorum for the transaction of business, and each Ad Hoc Aviation Committee member shall have one (1) vote on every issue submitted to a vote of the Ad Hoc Aviation Committee. The affirmative vote of a majority of the Ad Hoc Aviation Committee members at a meeting at which a quorum is present shall constitute action of the Ad Hoc Aviation Committee.

The Ad Hoc Aviation Committee shall organize after its members have been appointed and shall elect a Chair and Vice-Chair.

The Ad Hoc Aviation Committee shall convene immediately after its establishment on April 8, 2003.

Members of the Ad Hoc Aviation Committee shall be subject to the provisions of Section 286.011 of the Florida Statutes, the "Sunshine Law," as amended from time to time.

All Ad Hoc Aviation Committee meetings shall be open to the public and written minutes of the proceedings thereof shall be maintained in the manner as provided in Chapter 119 of the Florida Statutes, as amended from time to time.

The Ad Hoc Aviation Committee shall submit its recommended aviation authority ordinance to the Board of County Commissioners within four (4) months of resolution enactment.
CONCLUSION

It is my heartfelt belief that my colleagues on the Board will understand the need to take a leadership role on this matter of critical importance to the community. In the absence of enabling legislation, I am so strongly committed to this issue that I, as chairwoman, now create the Ad Hoc Aviation Committee to launch a public-private dialogue and partnership for improved airport governance and the betterment of Miami-Dade County.



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