Legislative Matter

Miami-Dade Legislative Item
File Number: 121007

Clerk's Official Copy

File Number: 121007

File Type: Ordinance

Status: Adopted as amended

Version: 0

Reference: 12-37

Control: Board of County Commissioners

File Name: CREATE MILITARY AFFAIRS BOARD

Introduced: 5/17/2012

Requester: NONE

Cost:

Final Action: 5/15/2012

Agenda Date: 5/15/2012

Agenda Item Number: 5A

Notes:

THIS IS FINAL VERSION AS ADOPTED. ALSO SEE 120385. CREATE BOARD 6WKS & MAYOR MEMO

Title:

ORDINANCE AMENDING CODE OF MIAMI-DADE COUNTY, FLORIDA, RELATING TO MILITARY AFFAIRS; CREATING MIAMI-DADE COUNTY MILITARY AFFAIRS BOARD; PROVIDING FOR POWERS AND DUTIES, COMPOSITION AND APPOINTMENT OF BOARD, QUALIFICATIONS, ORGANIZATION, FINANCIAL SUPPORT, STAFF AND COUNSEL; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE (SEE ORIGINAL ITEM UNDER FILE NO. 120385)

Indexes:

MILITARY

Sponsors:	Jose "Pepe" Diaz, Co-Prime Sponsor
	Lynda Bell, Co-Prime Sponsor
	Barbara J. Jordan, Co-Prime Sponsor
	Joe A. Martinez, Co-Prime Sponsor
	Dennis C. Moss, Co-Prime Sponsor
	Bruno A. Barreiro, Co-Sponsor
	Esteban L. Bovo, Jr., Co-Sponsor
	Audrey M. Edmonson, Co-Sponsor
	Sally A. Heyman, Co-Sponsor
	Jean Monestime, Co-Sponsor
	Rebeca Sosa, Co-Sponsor
	Sen. Javier D. Souto, Co-Sponsor
	Xavier L. Suarez, 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

County Attorney	5/17/2012		Assigned	Gerald K. Sanchez

Board of County Commissioners	5/15/2012	5A AMENDED	Adopted as amended				P
REPORT:	First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance, its supplement and a related ordinance (Agenda item 7A) into the record. Chairman Martinez opened the public hearing for persons wishing to speak in connection with the foregoing ordinances and the following persons appeared in support: 1) Ms. Renita Holmes, community activist, 5800 NW 7th Ave, appeared in support of Agenda Item 5A. She noted more Assisted Living Facilities (ALFs) were needed to house disabled/aged veterans, and Lesbians, Gays, Bisexuals and Transgenders (LGBTs) living throughout the County with disabilities, such as post traumatic distress order and AIDS. She asked that when the Commissioners considered board appointees, they appoint individuals who cared about the issues, identified with them and could coordinate the needed support services. 2) Mr. Tony Colmanares, (retired) USMC Lieutenant Colonel/Regional Director, Armed Forces American Red Cross Service/Chairman, City of Miami Homeless Veterans Task Force, expressed appreciation to the County Commissioners for their support of the military, and to Commissioner Diaz for sponsoring the foregoing initiative to create a Military Affairs Board to assist veterans. 3) Colonel Rick Morrow, Army Chaplain, appeared in support. He noted that often veterans become invisible to the community and get lost in the shuffle. He also noted this proposal would provide a unique opportunity for the County to facilitate the needs of veterans and lead the nation in taking care of its veterans. 4) Staff Sergeant Robert Butler, Veteran/Infantry Combat, appeared in support. He noted he found little resources to help him obtain work or education after he returned home from serving in Iraq. He also noted that approximately 7,000 veterans take their own life every year because they struggle to cope with their problems after returning home from deployment. 5) Sergeant Gutierrez appeared in support. She said she believed this proposal was a good idea, and would provide veterans with needed resources since many had no one or family to turn to and no way to receive help after returning home from deployment. 6) First Class Petty Officer Axel Perez, Marketing Director, Logistics Solutions Group Inc, appeared in support. He noted 90% of the employees hired by his company were veterans, and this ordinance would help military veterans find employment, after returning home from military duty. 7) Lance Corporal Rubino, USMC Drilling Reservist, appeared in support. He noted the difficulty and frustration for a Reservist to find work at home because often he/she needed to take a leave from a job when called to report for duty. 8) Ms. Sorangel Herrera (mother of Army Specialist Sergio S. Abad, who was killed in Afghanistan while on duty), appeared in support of this proposal. She noted, oftentimes, family members needed additional support or resources when their loved ones were killed on duty while serving in the military. Seeing no one else wishing to speak, Chairman Martinez closed the public hearing, and expressed sincere condolences to Ms. Herrera for the loss of her son. He also expressed gratitude for the sacrifices made by both of them. Commissioner Diaz noted the Commission considered this matter to be very serious and gave his word that every entity involved in this process would be respected. He also expressed appreciation to everyone who supported this proposal. Commissioner Bell noted she served as a member of the Military Affairs Committee in Homestead/Florida City for six years and was very passionate about military issues, and why she was determined to move the Base Realignment and Closure (BRAC) legislation forward. She requested a friendly amendment to incorporate language from Agenda Item 7A into the foregoing ordinance (Agenda Item 5A), and then withdraw Agenda Item 7A. She read the proposed language into the record. Commissioner Diaz, Prime Sponsor of the foregoing ordinance (Item 5A), accepted the amendment proffered by Commissioner Bell, and invited all commissioners to co-sponsor it. Commissioner Sosa noted she was prepared to support both proposals, but was glad that the two sponsors worked out a solution to blend these items together and make this a reality. She noted the community should never forget the sacrifices made by military men/women who daily risk their lives for this country while folks at home enjoy their freedom and democracy. All thirteen Commissioners requested to be added as a co-sponsor of this ordinance as amended. Commissioner Souto noted the military was very dear to him because he came to this Country via a military operation (the Bay of Pigs). He also noted many of his friends who served in the Vietnam War were now disabled veterans, and he knew of many veterans who had no family members to rely on when returning home from serving. He suggested the proposed Military Affairs Board consider recommendations to build more ALFs around the County to house groups of abandoned veterans. He said he wanted to make the public aware that the County provided veterans with free Metrorail/bus passes. Commissioner Moss commended Commissioner Diaz for a great job done at representing the BCC while serving on many military affairs boards and committees for several years. He expressed appreciation to Commissioners Diaz and Bell for offering a compromise on this proposal, which he believed was an excellent way for the County to facilitate the needs of veterans. He noted he was extremely concern that when the Federal Government begins to downsize the military and pull back troops, this community would see more and more military service members coming home and hitting the streets, in need of assistance and support. He noted Anthony Edwards would be his appointee, if this ordinance passed. Commissioner Edmonson expressed appreciation to Commissioners Bell and Diaz for working together and for their vision and insight to establish a military affairs board. Commissioner Jordan noted she co-sponsored Agenda Item 7A and felt compelled to support it because she grew up in South Dade and wanted to ensure the Homestead Air Force Base was protected. She said she would like to co-sponsor the foregoing ordinance as well, if amended to incorporate the language in Agenda Item 7A. Commissioner Diaz expressed appreciation to his colleagues for their support of this proposal. He noted as a veteran of the US Marines and member of several military-related boards, he understood very well the issues veterans dealt with on a personnel level. He also noted he could not image losing a child and assured Ms. Herrera that her son would never be forgotten. Commissioner Diaz noted the reason this Country enjoyed its liberties was because military members like Sergio gave their lives to defend it. Upon conclusion of the discussion, Assistant County Attorney Gerald Sanchez advised that an additional amendment was needed to correct a technical error in paragraph 6 on handwritten page 6, relating to the composition of the governing boards. He noted the phrase “The command staff at the United States Coast Guard station in Miami Beach shall appoint one member” needed to be replaced with the phrase “The command staff at the United States Coast Guard District 7 shall appoint one member.” The Board proceeded to vote and the foregoing proposed ordinance was adopted as amended as follows: 1. -to correct a technical error on handwritten page 6, subsection (6) under Sect. 2-21-3 entitled “Governing Board” to read as follows: “The command staff at the United States Coast Guard District 7 shall appoint one member” rather than “The command staff at the United States Coast Guard station in Miami Beach shall appoint one member;” and 2. -to create a standing committee relating to the Base Realignment and Closure process (“BRAC”), charged with the following responsibilities and duties: (1) Working with other entities such as federal and state agencies, to represent Miami-Dade County’s interests by ensuring that local military bases remain open as part of the next BRAC round, potentially scheduled for 2015; (2) Maximizing any opportunities for Miami-Dade County that may be realized from any potential realignment; (3) Minimizing any negative impacts to local communities; (4) Developing a comprehensive plan approved by the Military Affairs Board to be recommended to the Board of County Commissioners after evaluating infrastructure needs, land use needs, twenty first century mission of the Armed Forces and community support; (5) Working with military bases in South Florida in order to put together a vision for the future and a plan of relevance; and (6) Providing advice and recommendations approved by the Military Affairs Board to the Board of County Commissioners regarding any actions that it may take to further Miami-Dade County’s interests with relation to any further BRAC round.

Legislative Text

TITLE
ORDINANCE AMENDING CODE OF MIAMI-DADE COUNTY, FLORIDA, RELATING TO MILITARY AFFAIRS; CREATING MIAMI-DADE COUNTY MILITARY AFFAIRS BOARD; PROVIDING FOR POWERS AND DUTIES, COMPOSITION AND APPOINTMENT OF BOARD, QUALIFICATIONS, ORGANIZATION, FINANCIAL SUPPORT, STAFF AND COUNSEL; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Chapter 2, Article CXXXX, of the Code of Miami-Dade County, Florida, is hereby created to read as follows:1
>>Sec 2-2101. Creation of Military Affairs Board.

There is hereby created and established pursuant to the MiamiDade County Home Rule Charter, as amended, the MiamiDade County Military Affairs Board (hereinafter the �Board�).

Sec. 2-2102. Powers and Duties of Board.

The Board shall have the following powers and duties:

(a) Provide the Board of County Commissioners with recommendations regarding military affairs in Miami-Dade County involving the Marine Corps, Army, Navy, Air Force, National Guard and Coast Guard (collectively �Armed Forces�) and active, reserve, retired, disabled and deceased military personnel in Miami-Dade County (collectively �military personnel�); and

(b) Promote measures to enhance the quality of life for active, reserve, retired and disabled military personnel and their families, and families of deceased military personnel in Miami-Dade County; and

(c) Advocate on behalf of military personnel in Miami-Dade County regarding, among other matters: health care; housing; housing and business loans; pension benefits; education; employment; incarceration; reintegration; unemployment benefits; disability claims; vocational training; and insurance; and

(d) Administer the medal of valor program created by Ordinance No. 10-29; and

(e) Take steps to increase awareness and support for our military personnel from Miami-Dade County who are serving in the Armed Forces around the world; and

(f) Interface with local Reserve Officer Training Corps (�ROTC�) programs at both the high school and collegiate levels; and

(g) Solicit input from and maintain a strong relationship with the United States Department of Defense, Department of Homeland Security, Department of Veterans Affairs, the Red Cross and any other entity which interacts with the Armed Forces regarding military affairs or military personnel regarding, among other things, military affairs impacting Miami-Dade County, military personnel in Miami-Dade County and ROTC; and

(h) Coordinate Miami-Dade County�s activities regarding Veteran�s Day, Memorial Day and the 4th of July; and

(i) Promote, attract and solicit military activities in MiamiDade County from throughout the United States and within Miami-Dade County to the greatest extent feasible and strive to generate and further community support for the United States Armed Forces in the United States and abroad; and

(j) Form an independent 501(c)(3) corporation, approved by the Board of County Commissioners, which will raise private funds to assist military personnel and perform the other functions provided for herein; and

(k) To submit annually to the Board of County Commissioners a report summarizing and evaluating all programs and activities undertaken by the Board during the previous fiscal year; and

(l) Accept gifts of money or services for the public purposes provided for in this Ordinance; and

(m) Cooperate with any federal, state, county, or municipal government, agency or instrumentality; and

(n) Create a standing committee relating to the Base Realignment and Closure process (�BRAC�) charged with the following responsibilities and duties:

(1) Working with other entities, such as federal and state agencies, to represent Miami-Dade County�s interests by ensuring that local military bases remain open as part of the next BRAC round potentially scheduled for 2015; and

(2) Maximizing any opportunities for Miami-Dade County that may be realized from any potential realignment; and

(3) Minimizing any negative impacts to local communities; and

(4) Developing a comprehensive plan, approved by the Military Affairs Board, to be recommended to the Board of County Commissioners after evaluating infrastructure needs, land use needs, 21st century mission of the armed forces, and community support; and

(5) Working with military bases in South Florida in order to put together a vision for the future and a relevance plan; and

(6) Providing advice and recommendations, approved by the Military Affairs Board, to the Board of County Commissioners regarding any actions it may take to further Miami-Dade County�s interests with relation to any future BRAC round.

Sect. 2-2103. Governing Board.

(a) Composition and appointment. The Military Affairs Board shall consist of twenty-four (24) voting members appointed as follows:

(1) Each member of the Board of County Commissioners shall designate one (1) member who shall be approved by the County Commission; and

(2) The Chairperson of the County Commission shall appoint one (1) member of the County Commission who shall be the Military Liaison of the County Commission; and

(3) The Mayor of Miami-Dade County shall appoint one (1) member of the Board; and

(4) The command staff of Southern Command shall appoint one (1) member; and

(5) The command staff at the United States Air Force Base in Homestead shall appoint one (1) member; and

(6) The command staff at the United States Coast Guard District 7 shall appoint one (1) member; and

(7) The command staff at the United States Army National Guard Reserve Station located in Miami shall appoint one (1) member; and

(8) The command staff of the United States Navy and Marine Corps Reserves located in Hialeah shall appoint two (2) members: one (1) member representing the United States Navy; and one (1) member representing the United States Marine Corps; and

(9) The Miami-Dade Defense Alliance shall appoint one (1) member; and

(10) The Greater Miami Chamber of Commerce shall appoint one (1) member; and

(11) The Red Cross shall appoint one (1) member.

When making a selection, each person or entity shall consider that the voting members should reflect the gender, racial ethnic or cultural make-up of the community.

(b) Qualifications. Each member of the Commission shall (i) be a United States citizen, a duly qualified elector of Miami-Dade County and (ii) shall comply with the requirements of Chapter 2-11-38 of the Code of MiamiDade County. Additionally, each member shall be a person who has previously served or is currently serving in the Armed Forces, or has an interest in military affairs. Before taking any official action, each voting member shall take the prescribed oath of office.

(c) Term. Members of the Board shall serve terms of three (3) years each.

(d) Vacancies. Each person or entity shall appoint a new representative within one month when its appointee resigns or is removed.

(e) Applicability of Conflict of Interest and Code of Ethics Ordinance. The Miami-Dade County Conflict of Interest and Code of Ethics Ordinance (the �Conflict of Interest Ordinance�), Section 2-11.1 of the Code of Miami-Dade County, Florida, shall be applicable to the members of the Board. It is declared to be the intent of the Commission, as expressed in this subsection, to provide that the Conflict of Interest Ordinance shall not operate to preclude individuals from serving as Board members on the basis of interests relating to Miami-Dade County when such interests do not conflict with the Board.

(f) Organization and Procedure. The Chairperson of the Board shall be the Military Liaison of the County Commission selected by the Chairperson of the County Commission. The Board shall elect one (1) of its members as vice-chairperson and such other officers as the Board may determine to be necessary. The Board shall create bylaws and shall hold regular meetings in accordance with those by-laws. The Board may hold such other meetings as it deems necessary. A majority of the members of the Board shall constitute a quorum. All meetings of the Board shall be public and the Board shall maintain written minutes of all proceedings that shall be promptly prepared and recorded. Copies of all minutes and resolutions of the Board shall be forwarded to the Clerk of the Board of County Commissioners no later than thirty (30) days subsequent to any meeting of the Board.

Sec. 2-2104. Financial Support for the Board.

Subject to Miami-Dade County�s budgetary process and the availability of funds, the Mayor shall include in the County�s annual budget, administrative costs and additional funds for the implementation of the Board�s powers and duties.

Sec. 2-2105. Staff Support and Counsel.

The Mayor shall provide the Board with adequate staff to perform its powers and duties. The Board shall utilize the County Attorney�s Office for legal services.<<

Section 2. 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 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. 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 4. 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 this Board.

1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.