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BCC Minutes 04/15/2003 S (City of Naples Airport Authority)April 15, 2003 SPECIAL MEETING OF APRIL 15, 2003 OF THE BOARD OF COUNTY COMMISSIONERS LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 8:55 a.m. in SPECIAL SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Tom Henning Jim Coletta Fred Coyle Donna Fiala Frank Halas ALSO. PRESENT: Jim Mudd, County Administrator David C. Weigel, County Attorney Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA SPECIAL MEETING April 15, 2003 8:45 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1. INVOCATION AND PLEDGE OF ALLEGIANCE BOARD TO CONSIDER A REQUEST BY THE CITY OF NAPLES AIRPORT AUTHORITY FOR COLLIER COUNTY TO SUPPORT THE AIRPORT AUTHORITY'S DEFENSE OF ITS STAGE 2 JET BANK THROUGH THE FILING OF AN AMICUS CURIAE BRIEF WITH THE FEDERAL AVIATION ADMINISTRATION ("FAA") AND/OR ADOPTION OF A RESOLUTION OF SUPPORT. 3. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 2 April 15, 2003 RESOLUTION 2003-143 RE: COLLIER COUNTY'S SUPPORT OF THE AIRPORT AUTHORITY'S DEFENSE OF ITS STAGE 2 JET BAN THROUGH THE FILING OF AN AMICUS CURIAE BRIEF WITH THE FEDERAL AVIATION ADMINISTRATION ("FAA") - ADOPTED. COUNTY ATTORNEY TO FILE PETITION AND WORK WITH AIRPORT AUTHORITY REGARDING BRIEF CHAIRMAN HENNING: Call the meeting of the Board of Commissioners to order. If I could ask Ted Soliday to come to the podium and lead us in the pledge of allegiance. Would you all rise, please. MR. SOLIDAY: My pleasure, sir. (Pledge of allegiance recited in unison.) CHAIRMAN HENNING: Good morning. We have a special meeting this morning at 8:15 (sic), and it's to do with the Naples Airport. And then we're going to recess to close the meeting and start the workshop. MR. MUDD: Yes, sir. CHAIRMAN HENNING: Mr. Mudd? MR. MUDD: This item is for 8:45 and it's that the Board of County Commissioners consider directing the county attorney to file a motion to intervene and an amicus curiae brief and/or the approval of a resolution in support of the City of Naples Airport Authority in its defense of the Stage 2 jet ban before the Federal Aviation Administration. It's Mr. Weigel's item. And Mr. Soliday is here in order to discuss that, or answer any questions that the board may have. But this is basically a continued item from the last board meeting that we had last week, and this was the first meeting that we would all be together. Now, there's a 20-day window that we can file this to be timely, Page 2 April 15, 2003 as far as the FAA is concerned, along with the Naples Airport Authority, and that's why it's being heard today as the first item before the workshop starts. COMMISSIONER COYLE: Motion to approve. CHAIRMAN HENNING: Second. I think we ought to have a little discussion, just so that the public is aware of the action that we're about to take. MR. WEIGEL: Thank you, Mr. Chairman, Commissioners. David Weigel, county attorney. I've passed out before you, and present out front and with us is not only the executive summary today in which I restated a bit of the public petition discussion that was had on the April 3rd meeting, but I also placed before the board a choice, because part of the consideration, discussion on April 3rd was if we would intervene in some capacity on behalf of the position of the City of Naples Airport Authority, or if the board had another determination upon the discussion today to potentially adopt a resolution of support. Now, I've spoken -- had the opportunity to speak with counsel for the Airport Authority, Joe McMackin, and he may wish to I think provide some information for you and for the listening audience in regard to the extent of participation that we may have. I have placed up on the dais for you all a draft petition for leave to participate in hearing, and I would ask if Joe McMackin could come up and talk very briefly. I think you may have some questions for him that he can answer as well or better than I can in regard to this type of action at this point. May I have Mr. McMackin come up? CHAIRMAN HENNING: Please. And to clarify the motion, it was to approve the resolution? COMMISSIONER COYLE: That's correct. MR. McMACKIN: Good morning, Commissioners. My name is Joseph McMackin, I'm the attorney for the City of Naples Airport Page 3 April 15, 2003 Authority. We are facing a very important issue, not only for the airport-- in fact, probably less for the airport than for the community as a whole -- and that is our ability to control the noise level that we are comfortable with. The FAA has set an arbitrary level, and they are enforcing an arbitrary level of noise which is above the noise level that the county, City of Naples and the Airport Authority have set as the reasonable noise level for the character of this community. We believe that the community are the ones who should set the appropriate noise level, not the Federal Aviation Administration in Washington doing it on a national scale. We have banned Jet II service into the City of Naples Airport as a result of our lower noise limit. These are the noisiest jets; and while they account for less than two percent of our traffic, they account for in excess of 30 percent of the noise complaints that the airport receives. We need the community support. We need to show-- to demonstrate to the FAA that the community, Collier County, is behind the airport in this endeavor. I have prepared a motion, a petition to participate in the FAA proceeding. This is only a petition which would essentially put your foot in the door pending whatever further deliberations you might want to have on this subject. Your brief would not be due until after the June 3rd hearing in front of the FAA hearing officer, which will in fact take place up in the Tampa -- in the federal courthouse in Tampa. After the hearing, we would ask that you file an amicus curiae brief supporting the position that the City of Naples Airport Authority has expounded and defended on your behalf and on behalf of all the citizens of Collier County. We believe that we need a dramatic show of support, not a symbolic one, and, therefore, we ask Page 4 April 15, 2003 that you direct the county attorney, Mr. Weigel, to execute the petition to participate and that you consider, after the June hearing, filing an amicus curiae brief, which we will assist you in the technical aspects of, but that would represent the Commission's feeling on the issue of community control of noise. Thank you. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Are you saying that you want the county to get behind a Stage 2 ban? MR. McMACKIN: I am. COMMISSIONER HALAS: ban for our airport, sir. COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER We're not in favor of a Stage 2 COYLE: HALAS: COYLE: HALAS: Who isn't? I'm not. Okay. Against -- on all of our airports? Stage 2 ban of all of our county airports? CHAIRMAN HENNING: Well, I think-- COMMISSIONER COYLE: We're talking about Naples. CHAIRMAN HENNING: -- we're just dealing with the Naples Airport and -- COMMISSIONER HALAS: This could mean that we're saying that we're behind a Stage 2 band (sic) at all of our airports. CHAIRMAN HENNING: What the gentleman is saying is let the community decide what -- the noise decibels that would affect the Stage 2. And we're just dealing with the Naples Airport and not all the airports. COMMISSIONER HALAS: I realize that, but what the gentleman said, that he if wanted all the citizens to get behind -- of Collier County to get behind the Stage 2 band (sic) for that airport, then that's saying in essence that we're against the Stage 2 band at our airports. MR. SOLIDAY: Okay, can I make a point, sir? Ted Soliday, Page 5 April 15, 2003 executive director of the Airport Authority. I'd like to point out that Collier County at this particular time does look at each airport separately in your comprehensive plan. And you have been very supportive of the City of Naples Airport Authority in the development of land use planning in the vicinity of the City of Naples/Airport of Naples Municipal Airport. It is different from the other airports, you've said that right from the start. The Authority -- or the County Commission has. And I think that's appropriate. Rural airports have different impacts and can take different impacts, versus a community -- an airport that's downtown. CHAIRMAN HENNING: Commissioner Coyle -- I'm sorry, are you done, Commissioner Halas? COMMISSIONER HALAS: I've got one more question. CHAIRMAN HENNING: Please. COMMISSIONER HALAS: Doesn't it say also in the FAA regulations that you do not have the ability to discriminate against aircraft landing and taking off at those airports? MR. McMACKIN: Unreasonable discrimination. COMMISSIONER HALAS: Right. MR. McMACKIN: We believe this is reasonable discrimination. CHAIRMAN HENNING: Commissioner Coyle, then Commissioner Fiala. COMMISSIONER COYLE: Yeah, I think it's important to make a distinction between what is proposed for the Naples Airport and what is proposed for the rest of the Collier County airports. I don't think anyone is advocating that we restrict jet aircraft from the other Collier County airports. This is clearly a case of special situation with Naples Airport. They have been fighting this issue for years. And, quite frankly, I think it is essential to the survival of the Naples Airport that we do this. The people in Naples are very concerned about the noise, and I should point out that there are a lot Page 6 April 15, 2003 of people in the Collier County who are concerned about the noise. And it is the right thing to do, and I would very much urge that we support this proposal. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes, I'm glad that Commissioner Halas brought this up. I never even thought that it would affect the other airports, because I know on Marco Island that Marco Island Airport welcomes the Stage 2 jets that can't fly into Naples right now, and we would hate to see that discontinue. But -- MR. McMACKIN: We're not asking that. We are only asking that this be focused on Naples Municipal Airport. No other airport -- as a matter of fact, no other airport in the country has gone this far with the Stage 2 ban. It's important to note that the FAA itself banned all Stage 2 aircraft in excess of 75,000 pounds take-off weight in the United States. We are an airport that has a maximum of 75,000 pounds take-off weight. And all we want to do is follow what the FAA has done with the larger aircrafts with the smaller ones, only at the municipal airport. COMMISSIONER FIALA: So then you can guarantee me that as we support you, and we want to do that, as we support you, it will not affect our Collier County Airport Authority or the other airports that we oversee? MR. McMACKIN: No, ma'am. You would have to actually go to the FAA and impose this ban yourself. We have, you have not. As far as I can see, there is no crossover, except the fact that the airports are in the same county. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: First of all, I understand where everybody's coming and are just concerned about the citizens of Naples. But also, we have to remember that the airport was here first. I believe it was here back in the early Forties. Page 7 April 15, 2003 Secondly is that has the airport done everything in their power to try to come up with noise abatement policies whereby it will not have undue effect on the airport operations, and also done their homework as far as trying to protect the citizens from undue noise? MR. SOLIDAY: Mr. Halas, Ted Soliday again. There is no airport in the nation that has been as aggressive as we have in using every technique possible, not only to measure noise impacts and the types of noises that are generated, and we do that on an ongoing monthly basis, but also to try different techniques in reducing the noise without having to restrict other aircraft. We have used every technique that has been, from land acquisition to insulation, to purchase of easements, to noise -- aircraft rerouting. We publish our own flight patterns for the various types of aircraft, including helicopters, training aircraft. There is no aircraft -- no airport that has done as much as we are. The ACI, Airports Council International, North American branch, has indicated that they don't understand why the FAA is doing this. They list the Naples Municipal Airport and the Naples Airport Authority, and they say it like this: The Naples Community should be looked at as poster child, if you will, for the noise mitigation from an airport. COMMISSIONER HALAS: I have one last question and then I'm through. How has this affected commerce coming in and out of our airport here? MR. SOLIDAY: Now, that's a terribly difficult one to answer, sir, I'll be real honest with you. Since we started our activity in the year 2001, and we had September 11 in 2001, there's been a lot of things that have impacted our commerce completely, and I'm not so sure that we could give you an absolutely honest answer. To this year we are down 17 percent in total activity over previous years, but I don't believe that that's had any -- that that's Page 8 April 15, 2003 anything to do with Stage 2 aircraft. But then again, I'm sure other people would argue with me. COMMISSIONER HALAS: Thank you. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Yeah, I think that is an important issue. And I believe that the Airport Authority can tell us that the number of aircraft affected by this particular ban will be very, very small. And furthermore, there are options for Stage 2 jets. They can fly to Marco. That is not an inordinate requirement, and I believe it's entirely reasonable. And we're talking about commerce in our community, not to a particular airport. So I think the Naples Airport has researched this issue and has a legal standing to proceed, and once again, I'd like to support them. CHAIRMAN HENNING: Any other? Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you. I just wanted to say that I admire what you're doing, Ted, and your board of directors standing tall on this particular issue. It has to do with not only the welfare of the people that live around the airport, but that flight pattern. These Stage 2 jets reaches all the way out to Golden Gate Estates, and we can hear them when they come in. And it's a noise issue, and I think it's a quality of life issue. And it's a small number of them. And I realize what you're going up against; the people that own these jets are very influential, they're very wealthy, they can hire some of the best attorneys. And I am ready to stand arm-in-arm with the airport board of directors with my vote today. CHAIRMAN HENNING: I think everybody's taken a position, so if there's no further discussion, we'll go ahead and vote on the motion. COMMISSIONER HALAS: Can I just ask one more question? CHAIRMAN HENNING: Please. COMMISSIONER HALAS: Is this going to have any impact Page 9 April 15, 2003 on us getting involved in any future litigation or financial requirements that are going to be presented to the county in regards to this? MR. McMACKIN: Commissioner Halas, if the board sees fit to instruct the county attorney to file the petition to participate, the only financial burden on the county would be in the preparation of the brief, should you decide, and I hope that you would, to go through with that after the June 3rd hearing. My firm and the airport will assist the county in every way we can in the preparation of that brief, which is highly technical, to alleviate the burden to your county attorney and his staff. I cannot say that we can do it 100 percent. Because Mr. Weigel is a diligent attorney, he's going to want to look it over, he's going to want to do research. But to any extent that we are able, we will mitigate those costs to the county. COMMISSIONER of what the cost will be? MR. McMACKIN: COMMISSIONER MR. McMACKIN: HALAS: And what is your best assessment To the county? HALAS: Yes. I would say that depending on Mr. Weigel's view, that this -- with the work that we would provide him, it would be 10 hours or less of legal time from his staff. COMMISSIONER HALAS: Okay, thank you. CHAIRMAN HENNING: Okay? No further questions, all in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Motion carries 4-0 (sic), with Page 10 April 15, 2003 Commissioner Halas. MR. WEIGEL: 4-1. Mr. Chairman, for clarification, I want to make sure that the record reflects the motion. Is the motion then for the county to participate, as requested, with petition for leave to participate and then a follow-up brief?. Is that the motion? CHAIRMAN HENNING: Motion was to pass the resolution that's attached to our packet. MR. WEIGEL: Well, the recommendation provided the board a choice of participation, resolution, or both. And I think I'm a little unclear as to the statements of commitment and what the county would like for the county attorney to do, because the resolution's essentially done at this point. But if I'm to work, and I would look forward to it, quite frankly, to work with the Airport Authority and their counsel, I think we can do a very workmanlike job. And I had mentioned to Mr. McMackin and Mr. Soliday that as attorney on behalf of the Board of County Commissioners and the taxpayers, that we don't just sign off blindly, that we have to do our own checks and balances of any work that would come under our signature on behalf of the county. And that's where our involvement principally would be. So if the motion and approval of the board is merely for the resolution, then we'll be leaving this meeting without the participation-- with a petition to participate. I want to be clear on that, or if there's a second motion to be taken or a clarification of the motion is to be taken. COMMISSIONER COYLE: I'll make a second motion to instruct the county attorney to participate in this process. CHAIRMAN HENNING: And that's the process of-- MR. WEIGEL: That would be the process of filing a petition with the hearing forum, and working with the counsel for the Airport Authority for the county to file its own brief, post-hearing brief, Page 11 April 15, 2003 which would be subsequent to June 3rd, I believe. MR. McMACKIN: Correct. COMMISSIONER FIALA: I'll second that. CHAIRMAN HENNING: Do we want to put any time frame on how much time the county attorney's office should spend on this brief?. MR. WEIGEL: What I'd suggest, Mr. Chairman, is that I keep you informed and the other commissioners informed, individually as necessary, and if I see any issues or problems, not only will I speak with you personally, but I would bring it back as a board item for board action to reduce our participation. CHAIRMAN HENNING: Any discussion on the motion? Commissioner Halas? COMMISSIONER HALAS: Yeah, I just want to make sure that the county taxpayers aren't going to be sucked into this Pandora's box here, we're not going to have any control about how much this is going to cost us. That's where I'm coming from on here. MR. WEIGEL: As someone else once said, if there is that sucking sound, I'll be in contact with you posthaste, as Well as getting an item on the agenda, so that we can officially take care of any issue that I see that way, if that's further assurance for you. CHAIRMAN HENNING: No further discussion on the motion, all in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Aye. Opposed? COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Motion carries 4-0 (sic), Commissioner Halas descending (sic). MR. WEIGEL: 4-1. Page 12 April 15, 2003 CHAIRMAN HENNING: 4-1. Any further business this morning? (No response.) CHAIRMAN HENNING: We are adjourned. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 9:07 a.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS ATTEST: DWIGHT..,-:E-.BR~CK, CLERK These minutes approved by the Board on tlbq ~rt,4B presented v/ or as corrected . , as TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY CHERIE' NOTTINGHAM. Page 13