Legislative Matter

Miami-Dade Legislative Item
File Number: 091135

Clerk's Official Copy

File Number: 091135

File Type: Ordinance

Status: Adopted

Version: 0

Reference: 08-115

Control: Board of County Commissioners

File Name: CREATE MIAMI INTERNATIONAL AIRPORT NEIGHBORHOOD RELATIONS

Introduced: 4/16/2009

Requester: NONE

Cost:

Final Action: 10/7/2008

Agenda Date: 10/7/2008

Agenda Item Number: 7F

Notes:

THIS IS FINAL VERSION AS ADOPTED. ALSO SEE #081447. HAS A SUNSET 5YRS FROM EFFECTIVE DATE.

Title:

ORDINANCE CREATING MIAMI INTERNATIONAL AIRPORT NEIGHBORHOOD RELATIONS COMMITTEE; PROVIDING PURPOSE, MEMBERSHIP, PROCEDURE, POWERS AND DUTIES, STAFF; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 081447]

Indexes:	MIAMI INTERNTIONAL AIRPORT
	NEIGHBORHOOD RELATIONS COMMITTEE

Sponsors:	Rebeca Sosa, Prime Sponsor
	Jose "Pepe" Diaz, Co-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

County Attorney	4/16/2009		Assigned	Cynji A. Lee

Board of County Commissioners	10/7/2008	7F AMENDED	Adopted as amended				P
REPORT:	County Attorney Robert Cuevas read the foregoing proposed ordinance into the record. Commissioner Jordan questioned whether the County should establish one entity to address aviation issues as opposed to many special committees to address one issue at a single County airport. Commissioner Sosa noted this proposed ordinance would create a neighborhood relations committee, with no decision making power, that would provide commissioners the opportunity to listen to the community, to evaluate citizen’s recommendations, and to mitigate adverse impacts to the residential areas next to Miami International Airport (MIA). She noted she would support any proposals to create similar committees for the other County airports. Commissioner Seijas noted the Opa-locka Executive Airport had some severe issues. Responding to Commissioner Seijas’ inquiry regarding the impact of this proposed ordinance, Assistant County Attorney David Murray advised the intent of this proposed ordinance was to provide residents a mechanism to provide input and recommendations to the commissioners representing Commission Districts 6 and 12. Following further discussion between Commissioners Sosa and Seijas regarding the intent of this proposed ordinance, Commissioner Seijas questioned who would comprise this new neighborhood relations committee. Assistant County Attorney Murray advised the mayors of various cities and the commissioners in Districts 6 and 12 would choose the members of this proposed Neighborhood Relations Committee.. Commissioner Seijas noted the County airports were countywide resources and the Commission should nominate the Neighborhood Relations Committee members. Following comments by Chairman Barreiro in opposition to this proposed ordinance and comments by Commissioner Diaz in support, Commissioner Sosa amended this proposed ordinance to delete “aircraft noise” from Section 2. Commissioner Seijas questioned whether Commissioner Sosa’s amendment changed the body that would receive input from the Neighborhood Relations Committee. Commissioner Sosa explained the Neighborhood Relations Committee would provide input to the commissioners representing Commission Districts 6 and 12, and that these commissioners would report to the Commission. Hearing no other questions or comments, the Commission proceeded to vote on this proposed ordinance as amended to delete “aircraft noise” from Section 2.

Legislative Text

TITLE
ORDINANCE CREATING MIAMI INTERNATIONAL AIRPORT NEIGHBORHOOD RELATIONS COMMITTEE; PROVIDING PURPOSE, MEMBERSHIP, PROCEDURE, POWERS AND DUTIES, STAFF; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, it is desirable to create a committee for those residential areas immediately adjacent to Miami International Airport (�MIA�) to evaluate and recommend measures to the County Commissioners of District 6 and 12, to reduce or mitigate adverse impacts resulting from various airport related activities including but not limited to aircraft noise, airport vehicle traffic, vehicle access to MIA, construction in and around MIA, and air quality/aircraft emissions, and to promote positive communications between those residential areas and MIA,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Creation.
There is hereby created a Miami International Airport Neighborhood Relations Committee (the � NRC�).
Section 2. Purpose.
The purpose of the NRC is to discuss, evaluate and recommend to County Commissioners of Districts 6 and 12, measures to reduce or mitigate adverse impacts to the residential areas immediately adjacent to MIA from various airport related activities including but not limited to airport vehicle traffic, vehicle access to MIA, construction in and around MIA, and air quality/aircraft emissions, and to promote positive communications between those residential areas and MIA.
Section 3. Membership.
(a) NRC Members. The NRC shall consist of nine (9) members representing the areas with the greatest potential for adverse impacts from MIA. Each member may designate a single alternate to participate and vote on his or her behalf. The members of the NRC shall comply with the requirements of Section 2-11.38 of the Code of Miami-Dade County (�Code�) and shall serve without compensation. Notwithstanding any provision in the Code to the contrary, the members shall be appointed in the following manner:
Two (2) members shall be residents of County Commission District 6, and shall be appointed by the County Commissioner of District 6;
Two (2) members shall be residents of County Commission District 12, and shall be appointed by the County Commissioner of District 12;
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 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 Coral Gables, and shall be nominated by the Mayor of the City of Coral Gables;
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.
Any member who ceases to meet the membership requirements set forth above shall immediately forfeit his or her office.
(b) Term. In accordance with Section 2-11.38.2 of the Code, the members of the NRC 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 County Commissioners representing Districts 6 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 City of Doral, the Mayor of the City of Coral Gables, and the Mayor of the Village of Virginia Gardens shall serve an initial term of two (2) years.
(c) Vacancies. Vacancies in the membership of the NRC shall be filled in the same manner by which the original NRC members were appointed and shall be filled within 45 days.
(d) Removal from Office. Notwithstanding any other provision of the Code, if any NRC member is absent from two (2) consecutive NRC meetings annually without an acceptable excuse, or from four (4) NRC meetings annually without an acceptable excuse, the NRC shall report the same to the County Commissioners of District 6 and 12.
Section 4. Procedure.
(a) Executive Director. A member of the NRC, chosen by a majority of the members, shall serve as Executive Director of the NRC.
(b) Ex-Officio Member. An employee of the Florida Department of Transportation shall be invited to serve as an ex-officio non-voting member of the NRC.
(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 NRC and for all other purposes. Meetings of the NRC shall be held quarterly, shall be public and written minutes of the proceedings thereof shall be maintained. No vacancy in the membership of the NRC shall impair the right of a quorum to exercise the right to perform all the duties of the NRC.

Section 5. Powers and Duties.
(a). Functions. The NRC shall consider present and future adverse impacts to the residential areas immediately adjacent to MIA arising from activity in and around MIA. With the assistance of staff, the NRC shall explore, consider and recommend programs and practices, such as airport landscaping, noise buffering, trash cleanup programs, signage and construction progress notices/updates, that may be helpful in reducing or mitigating those adverse impacts.
(b). Report. The NRC shall present an annual report of its recommendations at a sunshine meeting to the County Commissioners of Districts 6 and 12. A copy shall be filed with the Clerk of the Board.
Section 6. Staff.
The NRC shall be provided adequate staff and support services 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. 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. 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.