Miami-Dade Legislative Item
File Number: 081446
Printable PDF Format Download Adobe Reader  Clerk's Official Copy   

File Number: 081446 File Type: Ordinance Status: Adopted
Version: 0 Reference: 08-116 Control: Board of County Commissioners
File Name: CREATE AIRCRAFT NOISE ABATEMENT ADVISORY BOARD FOR MIA Introduced: 5/6/2008
Requester: NONE Cost: Final Action: 10/7/2008
Agenda Date: 10/7/2008 Agenda Item Number: 7G
Notes: HAS A SUNSET 5 YRS 6 WKS, CREATE BOARD Title: ORDINANCE CREATING AIRCRAFT NOISE ABATEMENT ADVISORY BOARD FOR MIAMI INTERNATIONAL AIRPORT; PROVIDING MEMBERSHIP, PURPOSE, PROCEDURES, POWERS AND DUTIES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: NOISE
  TASK FORCE
Sponsors: Rebeca Sosa, Prime Sponsor
Sunset Provision: Yes Effective Date: 10/17/2008 Expiration Date: 10/16/2013
Registered Lobbyist: None Listed


Legislative History

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

Board of County Commissioners 10/7/2008 7G Adopted P
REPORT: County Attorney Robert Cuevas read the foregoing proposed ordinance into the record. Commissioner Sosa noted Commissioner Gimenez and she held a Government-in-the-Sunshine meeting to discuss the membership of the Aircraft Noise Abatement Advisory Board for Miami International Airport. Responding to Commissioner Jordan’s inquiry whether the Mayor of the City of Opa-Locka could nominate a member of this proposed advisory board, Commissioner Sosa noted the Mayor of the City of Opa-Locka was not included in this proposed advisory board for Miami International Airport. She pointed out a similar advisory board existed for the Opa-Locka Executive Airport. Hearing no other questions or comments, the Commission proceeded to vote.

Airport and Tourism Committee 9/11/2008 2B Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney David Murray read the foregoing proposed ordinance into the record. Chairman Diaz announced that the foregoing proposed ordinance was open for public participation, and there being no one to appear before the Committee, the public hearing was closed. Commissioner Sosa provided an overview of the purpose and membership of the proposed Noise Abatement Advisory Board (NAAB). She noted the NAAB would submit an annual written report to the County Commission. In response to Chairman Diaz’ inquiry, Commissioner Sosa noted the members of the NAAB could be designated by the mayor or designee of any of the cities outlined in the proposed ordinance. Hearing no further comments or questions, the Committee voted on the foregoing proposed ordinance as presented.

County Attorney 7/11/2008 Referred Airport and Tourism Committee 9/11/2008

Airport and Tourism Committee 7/10/2008 2B Deferred due to lack of a quorum

Board of County Commissioners 5/20/2008 Tentatively scheduled for a public hearing Airport and Tourism Committee 7/10/2008

Board of County Commissioners 5/20/2008 4C Adopted on first reading 7/10/2008 P
REPORT: The Board adopted the foregoing proposed ordinance was adopted on first reading and scheduled the public hearing before the July 10, 2008, Airport and Tourism Committee, at 9:30 a.m.

County Attorney 5/6/2008 Assigned Airport and Tourism Committee 7/10/2008

County Attorney 5/6/2008 Assigned Cynji A. Lee

Legislative Text


TITLE
ORDINANCE CREATING AIRCRAFT NOISE ABATEMENT ADVISORY BOARD FOR MIAMI INTERNATIONAL AIRPORT; PROVIDING MEMBERSHIP, PURPOSE, PROCEDURES, POWERS AND DUTIES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, the Board of County Commissioners of Miami-Dade County, Florida created an Aircraft Noise Abatement Task Force for Miami International Airport (“MIA”), on July 8, 1997, pursuant to Resolution No. R-831-97; and
WHEREAS, the Aircraft Noise Abatement Task Force for MIA has sunset; and
WHEREAS, it is desirable to reconstitute the group as the Aircraft Noise Abatement Advisory Board for MIA to evaluate and recommend noise abatement measures to reduce or mitigate noise impact on the areas surrounding the airport,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Creation.
There is hereby created an Aircraft Noise Abatement Advisory Board for Miami International Airport (the “NAAB”).
Section 2. Purpose.
The purpose of the NAAB is to discuss, evaluate and recommend to the Board of County Commissioners measures to reduce or mitigate aircraft noise impacts to the areas surrounding Miami International Airport (“MIA”).
Section 3. Membership.
(a) NAAB Members. The NAAB shall consist of twenty (20) members. Each member may designate a single alternate to participate and vote on his or her behalf. The members of the NAAB shall comply with the requirements of Section 2-11.38 of the Code of Miami-Dade County and shall serve without compensation. Appointments to the NAAB shall be made as provided herein:
Notwithstanding and prevailing over anything in the Code of Miami-Dade County to the contrary, eight (8) members shall be residents of County Commission Districts 2, 3, 4, 5, 6, 7, 10 and 12, and shall be nominated by the County Commissioner representing each of those Districts;
One (1) member shall be a resident of the City of Miami, and shall be nominated by the Mayor of the City of Miami.
One (1) member shall be a resident of the City of Miami Springs, and shall be nominated by the Mayor of the City of Miami Springs.
One (1) member shall be a resident of the Village of Virginia Gardens, and shall be nominated by the Mayor of the Village of Virginia Gardens.
One (1) member shall be a resident of the City of Doral, and shall be nominated by the Mayor of the City of Doral.
One (1) member shall be a resident of the City of Miami Beach, and shall be nominated by the Mayor of the City of Miami Beach.
One (1) member shall be a resident of the City of West Miami, and shall be nominated by the Mayor of the City of West Miami.
One (1) member shall be a resident of the City of North Miami, and shall be nominated by the Mayor of the City of North Miami.
One (1) member shall be a resident of the City of North Bay Village, and shall be nominated by the Mayor of the City of North Bay Village.
One (1) member shall be a resident of the City of Sweetwater, and shall be nominated by Mayor of the City of Sweetwater;
One (1) member shall be a resident of the Village of Key Biscayne, and shall be nominated by the Mayor of the Village of Key Biscayne;
One (1) member shall be a resident of the Village of Miami Shores, and shall be nominated by the Mayor of the Village of Miami Shores;
One (1) member shall be a resident of the Village of El Portal, and shall be nominated by the Mayor of the Village of El Portal;
Any member who ceases to meet the membership requirements set forth above, shall immediately forfeit his or her office.
(b) Term. The members of the NAAB shall serve staggered terms of three (3) years each. Notwithstanding any other provision of the Code, no member shall be permitted to serve more than eight (8) consecutive years. Members nominated by the Commissioner of County Commission Districts 2, 3, 4, 5, 6, 7, 10 and 12, shall serve an initial term of three (3) years. Members nominated by the Mayor of the City of Miami, the Mayor of the City of Miami Springs, the Mayor of the Village of Virginia Gardens, the Mayor of the City of Doral, the Mayor of the City of Miami Beach, the Mayor of the City of South Miami, the Mayor of the City of North Miami, the Mayor of the City of North Bay Village, the Mayor of the City of Sweetwater, the Mayor of the Village of Key Biscayne, the Mayor of the Village of Miami Shores and the Mayor of the Village of El Portal shall serve an initial term of two (2) years. Thereafter, all members will serve terms of three (3) years.
(c) Vacancies. Vacancies in the membership of the NAAB shall be filled in the same manner by which the original NAAB members were appointed and shall be filled within 45 days.
(d) Removal from Office. Notwithstanding any other provision of the Code, if any NAAB member is absent from two (2) consecutive NAAB meetings annually without an acceptable excuse, or from four (4) NAAB meetings annually without an acceptable excuse, the NAAB shall certify the same to the Board of County Commissioners.
Section 4. Procedures.
(a) Chair. A member of the NAAB, chosen by a majority of the members, shall serve as Chair of the NAAB.
(b) Vice Chair. A member of the NAAB, chosen by a majority of the members, shall serve as Vice Chair of the NAAB.
(c) Meetings. A majority of the members, then in office, constitutes a quorum for the purpose of conducting business and exercising the powers of the NAAB and for all other purposes. Meetings of the NAAB shall be held quarterly, shall be public and written minutes of the proceedings thereof shall be maintained. No vacancy in the membership of the NAAB shall impair the right of a quorum to exercise the right to perform all the duties of the NAAB.
Section 5. Powers and Duties.
(a). Functions. The NAAB shall consider present and future aircraft noise impacts arising from operations at MIA. With the assistance of staff, the NAAB shall explore, consider and recommend programs and practices that may be helpful in reducing or mitigating aircraft noise impacts.
(b). Report. The NAAB shall submit an annual written report to the Board of County Commissioners.
Section 6. Staff.
Miami Dade Aviation Department shall provide to the NAAB adequate staff and support services to enable the NAAB to carry out its purposes.
Section 7. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 8. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Miami-Dade County. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.

Section 9. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by the Board of County Commissioners.
Section 10. Once effective, this ordinance shall repeal resolution R-831-97, creating an Aircraft Noise Abatement Task Force at MIA.
Section 11. This ordinance shall stand repealed five (5) years from its effective date unless extended by amendment of the Board of County Commissioners prior to such date.




Home  |   Agendas  |   Minutes  |   Legislative Search  |   Lobbyist Registration  |   Legislative Reports
2014 BCC Meeting Calendar  |   Miami-Dade County Code of Ordinances   |   ADA Notice  |  

Home  |  Using Our Site  |  About Phone Directory  |  Privacy  |  Disclaimer

E-mail your comments, questions and suggestions to Webmaster  

Web Site © 2014 Miami-Dade County.
All rights reserved.