Audit Report 2012-1 Airport Authority (Marco Island Parallel Taxiway Expansion) GOti�,IER COok,
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Internal Audit Department
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Audit Report 2012-1
Collier County Airport Authority
Marco Island Executive Airport
Limited Scope: Marco Island Parallel
Taxiway Expansion-Property Ownership
and Zoning
March 2012
Dwight E. Brock
Clerk of the Circuit ('Dort
3299 Tamiami "Frail East
Suite #402
Naples. FL 341 12-5746
.col l ierc Ierk.com
Prepared by: Megan Gaillard,Internal Auditor
Report Distribution: Board of County Commissioners
Leo Ochs,Jr.,County Manager
Nick Casalanguida, Deputy Administrator,Growth Management Division
William Lorenz, Director CDES Engineering Services,Comprehensive Planning
Raymond Bellows,Planning Manager,Land Development/Engineering Services
Michael Sawyer,Project Manager,Engineering& Environmental Services
Chris Curry,Executive Director,Airport Authority
Joanne Markiewicz, Interim Director,Purchasing Department
Jeff Klatzkow,County Attorney
Heidi Ashton, Section Chief,Land Use-Transportation, County Attorney
Cc: Dwight E. Brock,Clerk of the Circuit Court
Crystal K. Kinzel,Director of Finance&Accounting
TABLE OF CONTENTS
BACKGROUND .2
SUMMARY 3
OBJECTIVE 4
SCOPE 4
SCOPE LIMITATION 4
OBSERVATION&RECOMMENDATION .5
CONCLUSION 6
The files and draft versions of audit reports remain confidential and protected from public records requests during an
active audit under Nicolai v. Baldwin (Aug. 28, 1998 DCA of FL, 5" District) and Florida Statute 119.0713.
Workpapers supporting the observations noted within this report are public record and can be made available upon
request once the final audit report has been issued.
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BACKGROUND
The audit of the Marco Island Executive Airport for the Marco Island Parallel Taxiway Expansion was requested
based on a report of concern regarding improper zoning and land ownership. While the parties (Collier County
Airport Authority, The Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, The
Conservancy of Southwest Florida, The National Audubon Society, Florida Audubon Society, Environmental
Defense Fund, Izaak Walton League — Florida Division, Florida Department of Environmental Protection, South
Florida Water Management District, Florida Department of Community Affairs, The Deltona Corporation, and
Collier County Board of County Commissioners) agreed, in a Memorandum of Understanding dated September 11,
2001,that the expansion could occur,the land does not appear to be properly zoned for airport use.
The Deltona Settlement Agreement dated August 8, 1980, provided the State of Florida, Deltona, and parties to the
agreement, vested rights for specific Deltona properties. The document stipulates that certain development activities
are permitted subject to conditions within the agreement. The conditions state "The County shall expeditiously
process all applications made in conformity with the Comprehensive Plan provided, however, nothing herein shall
exempt Deltona from compliance with Collier County zoning, subdivision and building regulations and other
requirements applicable to the development described herein. Nothing in this Stipulation and Agreement shall be
construed as an advance approval by Collier County of the development contemplated hereby." The Deltona
Settlement Agreement acknowledged that a portion of the Deltona property was being used as an airport. The
Marco Island Executive Airport was constructed in the 1960's.
The Board of County Commissioners Resolution 82-86 acknowledged the intent to transfer ownership of the airport
property from Deltona to The State of Florida. The Resolution states "the County is not in any manner abrogating
its duty and authority to administer and enforce the County Comprehensive Land Use Plan, zoning and subdivision
regulations." It further states "Neither the execution of the Marco Settlement Agreement on behalf of the County
nor this Resolution shall exempt Deltona from complying with the County Comprehensive Land Use Plan, all
subdivision and zoning regulations and other applicable County requirements with respect to development in
accordance with the Marco Settlement Agreement."
On March 14, 1985, a warranty deed was recorded transferring ownership of the Marco Shores Air Terminal from
Deltona's Mackle-Built Construction Company, Inc., to The State of Florida Board of Trustees of the Internal
Improvement Trust Fund (IITF). The warranty deed states the property is subject to zoning ordinances of Collier
County and restrictions,reservations,easements,and leases of record.
In 1991, the bulk of the property comprising of the Marco Island Executive Airport was rezoned from the "A-ST"
(Agricultural)zoning district to the"P"(Public Use)zoning district.
On December 31, 1993, a Quit Claim Deed was recorded conveying ownership of the Marco Island Executive
Airport from the IITF to Collier County,with the stipulation that if the real property ever ceased to be an airport,the
title of the property would automatically revert to the State.
On February 22, 1995, Collier County entered into a Memorandum of Agreement with the Department of
Environmental Protection(DEP). The DEP on behalf of IITF provided a deed of conveyance for land title known as
the Marco Island Airport in mutual consideration for a 99 year lease for W.J.Janes Memorial Scenic Drive Park.
On January 17, 1996, the DEP and Collier County Airport Authority entered into an Inter-local Ingress/Egress
Agreement (original). The agreement recognized the Memorandum of Agreement from February 22, 1995 and
granted the right to use the land as long as the land remains an airport (includes exhibits detailing the area
provided). The agreement states"However, this Agreement does not authorize the Airport Authority, its successors
or assigns, to conduct any activity on any part of the access, ingress and egress area which may require a permit,
exemption or other form of authorization from any entity having jurisdiction."
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On August 28, 2000, the First Amendment to the Inter-local Ingress/Egress Agreement replaced Exhibit A, Land
Access Agreement,from the original January 17, 1996,Inter-local Ingress/Egress Agreement.
On September 11,2001, a Memorandum of Understanding was entered into by multiple organizations providing for
the following projects: parallel taxiway on the west side of the existing runway, apron hangar area and Federal
Aviation Regulations (FAR) part 77 Vegetation Management Program. The BCC enacted Resolution 2001-345
stating that the development at the Marco Island Executive Airport will not occur outside of the geographic confines
of the development footprint under the"Limits of Development"map.
The Marco Island Executive Airport submitted the initial permitting application for the Parallel Taxiway expansion
project to Collier County Growth Management Division on April 30, 2010. The application is for the construction
of a parallel taxiway to increase the width of the current taxiway from approximately 435 feet to approximately 600
feet. The application for expansion and proposed land clearing was rejected multiple times by Growth Management.
Growth Management's Additional Comments for the Permit Application include:
• "It appears that part of the proposed development (clearing) occurs outside of the parcel limits. Please
indicate the ability to clear outside parcel limits"
• "Per the Deltona Settlement Agreement on page 12, 'No dredging, filling, drainage, or destruction of
vegetation in areas outside the Development Areas is permitted under the terms of this Stipulation and
Agreement.' Provide an exhibit showing the clearing and work is being done within the designated
Development Areas."
The Growth Management Division completed the Zoning Review on September 14, 2010 based on documents
provided by the applicant. The expansion was approved by the department based on the Inter-local Ingress/Egress
Agreement that provided for the use of the land; however, the land does not appear to be properly zoned for airport
use.
SUMMARY
The following audit observations were generated during the review:
• The land upon which the expansion has occurred does not appear to be properly zoned for the airport use.
• It does not appear that proper zoning was in place prior to starting the construction for the Marco Island Parallel
Taxiway Expansion Project.
Land needs to be properly zoned with the appropriate zoning district prior to construction for projects to ensure the
Clerk has the legal authority to pay the contractor.
Prior to the notification of this concern as of February 17, 2012 the Clerk's Office had made construction payments
exceeding $4,000,000 based upon invoices submitted and approved by Collier County Airport Director. The total
construction contract was $5,959,000, with a revised construction contract amount of $5,885,965.26. The work
complete to date is $4,837,430.72 (paid to date $4,353,687.65 and retainage held $483,743.07). The total amount
not paid is$1,532,277.61 (retainage held $483,743.07, gross pay application 9 $997,901.76, and remaining contract
balance$50,632.78).
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OBJECTIVE
The objective of the audit was to determine whether proper zoning and ownership had been obtained for the Marco
Island Executive Airport Parallel Taxiway expansion to ensure the Clerk is making legal and valid payments related
to the expansion project.
SCOPE
The audit consisted of,but was not limited to review of the following:
• Deltona Settlement Agreement dated August 8, 1980 and easements;
• Warranty Deed dated March 14, 1985;
• Quit Claim Deed dated December 31, 1993;
• Ordinance 81-6,Resolution 82-86,Ordinance 85-56,Ordinance 95-145,Resolution 2001-345;
• Marco Shores PUD and PLAT;
• Collier County Land Development Code and zoning maps;
• Engineer Designs;
• Environmental Permit from Department of Environmental Protection;
• Memorandum of Agreement dated February 22, 1995;
• Inter-local Ingress/Egress Agreement(original)dated January 17, 1996;
• First Amendment to Inter-local Ingress/Egress Agreement including Exhibit A dated August 28,2000;
• Memorandum of Understanding including Exhibit B dated September 11,2001;
• Collier County Property Appraiser Aerial Maps and Geographic Information Sheets;and
• Collier County Growth Management Division—Planning and Regulation permitting documents.
SCOPE LIMITATION
The scope of the audit was limited to review of ownership and zoning of the Marco Island Executive Airport's
Marco Island Parallel Taxiway expansion project.
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OBSERVATION
1) It does not appear that proper zoning was in place prior to starting the construction for
the Marco Island Parallel Taxiway Expansion Project.
The Official Zoning Map for the property owned by Collier County including the Marco Island Executive Airport
shows that the property is zoned both "P" (Public Use) and "CON-ST" (Conservation). While the taxiway before
the construction is zoned "P", the area surrounding the taxiway area before the construction is zoned "CON-ST".
The map includes approximately 435 feet as zoned airport"P". The expansion increases the width of the taxiway to
approximately 600 feet.Approximately 165 feet of the expanded parallel taxiway is in"CON-ST"land.
Conservation District"CON"has the purpose and intent to conserve,protect and maintain vital natural resource
lands within unincorporated Collier County. LDC Section 2.01.03.G.2 states CON allows Conditional Uses for
essential services,but does not include airports.
On January 17, 1996 the DEP and Collier County Airport Authority entered into an Inter-local Ingress/Egress
Agreement(original).The agreement states"However,this Agreement does not authorize the Airport Authority,its
successors or assigns,to conduct any activity on any part of the access, ingress and egress area which may require a
permit,exemption or other form of authorization from any entity having jurisdiction."This indicates that Collier
County zoning would need to be obtained for any expansion projects that enter into the surrounding CON-ST lands.
The Growth Management Division relied upon the First Amendment to the Inter-local Ingress/Egress Agreement
provided for the use of the property for the parallel taxiway project. However,this agreement does not change the
zoning district and the agreement with another agency is only one component of the approvals and requirements
necessary for the construction project.The proper zoning would also need to be in place. It does not appear that the
proper zoning is in place.
Florida State exemptions do not appear to apply to airport zoning,which would require the CON-ST land being
used for the expansion project to be rezoned"P."
Recommendations:
• Proper zoning should be obtained for the parallel taxiway expansion project.
• Land needs to be properly zoned with the appropriate zoning district prior to beginning construction.
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CONCLUSION
BCC Ordinances, BCC Resolutions, and agreements need to be followed to ensure compliance with zoning
requirements and land use requirements prior to allowing construction projects to commence.It does not appear that
proper zoning was in place prior to starting the construction for the Marco Island Parallel Taxiway Expansion
Project. Land needs to be properly zoned with the appropriate zoning district prior to construction for projects to
ensure the Clerk has the legal authority to pay the contractor.
It is the ultimate responsibility of management to understand and implement the proper processes to comply with
the Land Development Code and agreements. The Clerk's Office may suggest recommendations in audit reports,
but it is the duty and decision of management to formulate processes to ensure compliance.
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