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Agenda 02/09/2010 Item #10B Agenda Item No. 10B February 9,2010 Page 1 of 63 EXECUTIVE SUMMARY To provide a report and sample draft ordinance amendment identifying the changes required to the Airport Authority Ordinance and/or Administrative Code to restructure the Airport Authority to operate similar to the operation of the Community Redevelopment Agency Board's Advisory Committees. OBJECTIVE: To provide a report and sample draft ordinance amendment identif'ying the changes required to the Airport Authority Ordinance and/or Administrative Code to restructure the Airport Authority to operate similar to the operation of the Community Redevelopment Agency Board's Advisory Committees. CONSIDERATIONS: On December 1, 2009, Agenda Item lOG, the Board of County Commissioners (Board) directed that: 1. the search process for a new Director begin immediately and that a list of qualified candidates be first obtained by using in-house search methods, and if unsuccessful, by employing an executive search firm; 2. staff work with the County Attorney's Office to amend the Authority's Administrative Code to require the Authority to submit the top three candidates for the Director position to the Board for final selection; and 3. staff work with the County Attorney's Office to research changes to the Collier County Airport Authority Ordinance and/or Airport Authority Administrative Code amending the reporting relationship of the Executive Director, Airport Authority, situating the position similar to that of the County Community Redevelopment Agency Board's (CRAB's) Executive Directors and having the position report directly to the Board of County Commissioners, acting as the Collier County Airport Authority Board, with the current Authority serving the new Board in an advisory capacity (December 1, 2009, Board Agenda Item lOG, Option #2.) The Board's direction as set forth in Nwnber 1 is underway. Attachment A is the Airport Authority Executive Director Recruitment Plan and Attachment B is the position's Classification Specification Gob description and minimwn requirements.) The Board's direction as set forth in Nwnber 2 is not necessary as the County Attorney's Office has opined that an Administrative Code revision is not required. This Executive Summary is to implement the Board's direction as set forth above in Number 3 The following chart compares the current powers, functions and duties of the Airport Authority and the CRAB. Governing Bo~ Budget Legal Authority Powers of Governing Body Current Airport Authority Seven members appointed by the Board Board controls all funds and sets budget. Ordinance No. 04-03, Administrative Code and Chapter 332 and 333, Florida Statutes. The Administrative Code is adopted by the Authority and not subject to approval by the Board or Coun,!L Manager. (1) Make and execute contracts and other instruments; (2) adopt resolutions, rules and regulations, apply for grants or loans of money or property; (3) accept gifts; to apply for and use grants or loans for money or other property from the United States, the State of Florida, any unit of local government, or any person for any lawful purpose; (4) hold, use, sell and dispose of monies or property for any Authority purpose; (4) enter into interlocal agreements; (5) to adopt by resolution a schedule of rates, fees and other charges for the use of services and charge and collect those fees; (6) to enter into leases, grant easements, licenses and use agreements at each airport; (7) to acquire by purchase, lease, gift dedication, or devise, real and personal property or any estate therein for Authority purposes; (8) to purchase equipment by an installment sales contract if budgeted and funds are available to pay the current years' installment; (9) to hire employees, including the Director. (10) to contract for professional services. Board approval is required to borrow money and issue revenue bonds or anticipation certificates, warrants, notes or other evidence Agenda Item No. 108 February 9, 2010 Page 2 of 63 CRAB The Board acting as the CRA Board. Board controls all funds and sets budget. Ordinance No. 2000-83; Sections 163.357 and 163.358, Florida Statutes. To carry out and implement redevelopment powers and actions contemplated by Chapter 163, Florida Statutes. This includes entering into contracts, adopting resolutions, applying for grants or loans or money or property, holding property, etc. Advisory Boards and powers Director Personnel Workshop of indebtedness; to designate an agent of record; to sell or mortgage real or personal property or to accept any grant. Board approval is required if the term of the sub-lease, license, easement, use agreement or other agreement or document will control use or occupancy of real property for a term 0 f greater than 5 years. No advisory boards exist. Agenda Item No. 106 February 9, 2010 Page 3 of 63 Two advisory boards created by CRAB in Resolution No. 2000-83: 1. Bayshore/Gateway Triangle Local Redevelopment Advisory Board; 2. Immokalee Local Redevelopment Advisory Board. These advisory boards are purely advisory. Director is a contract employee of The Director is a contract employee of the the Board and is hired by an CRA Board and is hired by an affirmative affirmative vote of the vote of the membership of the Board. The membership of the Authority Director reports directly to the Board. subject to the Board approving: Director works as the chief administrative (1) the search, (2) the individual officer of the CRA, reporting to and recommended by the Authority responsible to the CRAB. The Director is for employment, and (3) the responsible for the day to day Board approving the employment implementation of CRA budget, projects, agreement. Director works under programs and activities including CRA the direction of the Authority. staff selection and supervision. Director may be terminated, with or without cause, by an affirmative vote of the Authority. Personnel are employees of Personnel are employees of County. County. One workshop is required with Workshops are not required. Workshops the Board prior to submission of may occur as frequently as decided by the the Authority's tentative annual CRAB. budget request. Workshops may occur as frequently as decided by the Authority. Agenda Item No. 106 February 9, 2010 Page 4 of 63 In order to change the structure of the Authority to a structure similar to the CRAB, an amendment to Ordinance No. 2004-03 is necessary. A sample draft ordinance amendment is attached to this item for discussion purposes. Notable considerations include: 1. Composition of the Authority. If similar to the CRAB, the members of the Board of County Commissioners would be appointed as the governing body of the Authority; 2. Creation of advisory board(s) and powers. If similar to the CRAB, at least one advisory board would be created. One advisory board or, alternatively, one advisory board for each airport maybe created. 3. Whether employing an Executive Director will be mandatory, and the reporting structure of the Executive Director. The statute governing airports does not require that there be an Executive Director. If the Board chooses to have an Executive Director, the Board could enter into a contract with the Executive Director and the Executive Director would serve at the pleasure of the Board. 4. How the existing Administrative Code will be handled. The Administrative Code was first adopted in 1992 and has been amended by the Authority over time. If the Board becomes the Authority then it may desire to establish its own "administrative code" (by-laws, by resolution). An ordinance changing the structure of the Authority may provide that the Administrative Code be repealed. In the alternative, the Board could ratify the portions of the Administrative Code that are desirable and applicable. The Board may adopt its by-laws with or without input from an advisory board. The attached sample draft ordinance amendment provides that the current Administrative Code will remain in effect only to the extent that it is consistent with Board rules and regulations. FISCAL IMPACT: There is no fiscal impact at this time. LEGAL CONSIDERATIONS: The proposed sample ordinance amendment is legally sufficient. How to proceed is a policy decision. If the Board desires to restructure the Airport Authority to operate similar to the operation of the Community Redevelopment Agency Board, the County Attorney's Office will work with staff to prepare the documents that are necessary to implement the Board's decision and to advertise an ordinance, if applicable. -JBW. GROWTH MANAGEMENT IMPACT: There is no growth management impact at this time. RECOMMENDATIONS: That the Board considers this report and the sample draft ordinance amendment identifying the changes required to the Airport Authority Ordinance and Administrative Code in order to restructure the Airport Authority to operate similar to the operation of the Community Redevelopment Agency Board and provide staff direction on how to proceed. PREPARED BY: Winona Stone, Assistant to the County Manager Jennifer B. White, Assistant County Attorney Attachments: A. Airport Executive Director Recruitment Plan B. Airport Executive Director Classification Specification (job requirements) C. Transcript - December 1, 2009, Agenda Item lOG D. Sample Draft Ordinance Amendment to Ordinance No. 2004-03 E. Airport Authority Ordinance No. 2004-03 Agenda Item No. 108 February 9, 2010 Page 5 of 63 Item Number: Item Summary: Meeting Date: Agenda Item No. 108 February 9, 2010 Page 6 of 63 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1GB Recommendation to accept a report identifying the changes required to the Airport Authortty Ordinance andlor Administrative Code to restructure the Airport Authority to operate similar to the operation of the Community Redevelopment Agency Boards' Advisory Committees. (Winona Stone, Assistant to the County Manager) 2/9/20109:00:00 AM Date Approved By Susan Usher Office of Management & Budget Management/Budget Analyst, Senior Office of Management & Budget 112912010 11:24AM Date Approved By OMS Coordinator County Manager's Office Office of Management & Budget 211/201010:02 AM Date Approved By Jennifer White County Attorney Assistant County Attorney County Attorney 211/201011:03 AM Date Approved By Leo E. Ochs, Jr. County Managers Office County Manager County Managers Office 211120101:28 PM Date Approved By Jeff Klatzkow County Attorney 211120101:29 PM Date Approved By Steve Carnell Administrative Services Division Director. Purchasing/General Services Purchasing & General Services 211120102:31 PM Date Approved By Len Golden Price Administrative Services Division Administrator. Administrative Services Administrative Services Division 211120102:36 PM Agenda Item No. 108 February 9, 2010 Attachme:'~e 7 of 63 RECRUITMENT PLAN - EXECUTIVE DIRECTOR - AIRPORT TIMELINE/60 -75 BUSINESS DAYS ACTION OWNER Completed by: 114/10 Iflllll) U81110 1I19/JO 2/26/10 J/19/1l0 3/26110 3/31110 X Approve Recruitment Hiring Plan authority Place ads on x professional web sites HR Generalist Submit names of x selection committee Hiring members to HR authority Gather & screen HR x applications Generalist Short list & select Selection x candidates to be committee interviewed Draft Interview HR x Questions Generalist /Selection Committee x Schedule Interviews HR Generalist Interview candidates & select the top three (3) Selection x candidates for approval committee by the AA & BCC Conduct background & x reference checks on top HR 3 candidates Generalist Submit top three (3) x candidates to the AA & Selection the BCC for approval committee x Make job offer & Hiring negotiate contract Authority Agenda Item No. 10B February 9, 2010 Page 8 of 63 ATTACHMENT B Code: 19203 Grade~ COLLIER COUNTY, FLORIDA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: EXECUTIVE DIRECTOR- AIRPORT AUTHORITY PURPOSE OF CLASSIFICATION The purpose of this classification is to administer, plan, direct and oversee all matters pertaining to the safe and efficient operation, maintenance, and development of the Marco Island, Immokalee and Everglades City Airports; to provide professional, effective and efficient public service assistance to the general public; to manage a Foreign Trade Zone for Collier County; and to manage an Airport Industrial Park at ImmokaIee Regional Airport. ESSENTIAL FUNCTIONS The following duties are normal for this position. The omission of specific statements of the duties does not exclude them Crom the classification if the work is similar, related, or a logical assignment for this classification. Other dnties may be required and assigned. Selects, supervises. directs, and evaluates assigned staff. processing employee concerns and problems, directing work, counseling, disciplining, and completing employee performance appraisals; develops and oversees staff scheduling requirements. Conceives and prepares recommendations regarding policies, rules and regulations, directives, programs, agreements, leases and contracts and other documents, which may require the consideration, action or approval of the Airport Authority (the Authority). Implements the directives of the Authority with regard to all matters concerning the operations and functions of the Authority. Develops the annual budget for all airports; oversees and administers budgetary expenditures. Determines airport capital improvement needs and oversees projects. Prepares and administers the Five-Year Master Plan, Annual Work Program, and Annual Report for the consideration, amendment and approval of the Authority. Develops and implements the Airport Development Program and grant funding program. Formulates and implements the Foreign Trade Zone for Collier County. Ensures compliance with all Federal Aviation Administration (FAA) and Florida Department of Transportation (FDOT) airport safety policies and regulations; oversees comptiance with all Environmental Protection Agency. Department of Environmental Protection (DEP), and County regulations regarding fuel storage and fueling operations. Gathers information on new trends in the field of aviation. Manages the Authority's relationships with all regulating agencies such as FAA, FDOT, U.S. Fish & Wildlife. Environmental Protection Agency (EP A), Florida Game and Freshwater Fish Commission, Army Corp of Engineers, Economic Development Administration (EDA), and United States Department of Agriculture (USDA). Develops and implements airport marketing plans and promotional programs to the aviation community and citizens of Collier County. Ensmes that the tenns of all tenant leases are adhered to by the lessees. @DMG-MAXlMUS, lNC. Page 1 Last Revised: January, 2010 Agenda Item No.1 08 February 9, 2010 Page 9 of 63 Collier County, Florida. Executive Director - Airport Authority Maintains accurate financial airport files and financial records for all Authority activities. Conducts presentations and briefings for civic groups and the Board of County Conunissioners. Operates a computer, printer, adding machine, aircraft, aircraft tug/tow bars. painting machine, tractor bush hog, or other equipment as necessary to complete essential functions, to include the use of word processing, spreadsheet, database, or other system software. ADDITIONAL FUNCTIONS Penonns other related duties as required. In the event of a declared state of emergency, employees in this classification may be called to work during days or hours other than those for which they are regularly scheduled. MINIMUM QUALIFICATIONS Bachelor's degree in Airport Administration, Business Adnunistration, or closely related field; must be a Certified Member (CM) of the American Association of Airport Executives (AAAE) or working toward a CM or must have a minimum of three years of progressively responsible experience in airport functions and operations including operational, maintenance, supervisory and administrative experience and two years of Foreign Trade Zone operations, Airport Industrial Park development and management and an Accredited Airport Executive (AAE) is preferred; or any equivalent combination of education, training, and experience which provides the requisite knowledge, skills, and abilities for this job. Must obtain and maintain a valid Florida driver's license. Fingerprinting required. PERFORMANCE APTITUDES Data UtiIization: Requires the ability to coordinate, manage, andlor correlate data. Includes exercising judgment in determining time, place and/or sequence of operations, referencing data analyses to determine necessity for revision of organizational components, and in the formulation of operational strategy. Human Interaction: Requires the ability to function in a director capacity for a major organizational unit requiring significant internal and external interaction. EauiDment. Machinery. Tools. and Materials Utilization: Requires the ability to operate, maneuver andlor control the actions of equipment, machinery, tools, and/or materials used in performing essential functions. Verbal ADtjtude: Requires the ability to utilize a wide variety of reference, descriptive, advisory and/or design data and information. Mathematical ADtitude: Requires the ability to perform addition, subtraction, multiplication and division; ability to calculate decimals and percentages; may include ability to perform mathematical operations with fractions; may include ability to compute discount, interest, profit and loss, ratio and proportion; may include ability to calculate surface areas, volumes, weights, and measures. Functional Reasoniol!: Requires the ability to apply principles of logical or synthesis functions; to deal with several concrete and abstract variables; and to analyze major problems that require complex planning for interrelated activities that can span one or several work units. Situational Reasonint!: Requires the ability to exercise judgment, decisiveness and creativity in situations involving broader aspects of organizational programs and operations, moderately unstable situations, or the direction, control and planning of an entire program or set of programs. @DMG-MAXIMUS, INC. Page 2 Last Revised: January, 2010 Collier County, Florida. Executive Director - Airport Autbority Agenda Item No. 10B February 9, 2010 Page 10 of 63 Leadersbin: Customer Service: Fiuancial Accouutabilitv: ADA COMPLIANCE Pbvsical Abilitv: Tasks require lbe ability to exert Iigbt pbysical effort in sedeutary to Iigbt work, but wbich may involve some lifting, carrying, pushing andlor pulling of objects and materials of light weight (5-10 pounds). Tasks may involve extended periods of time sitting at workstation. Sensory Reauirements: Some tasks require the ability to perceive and discriminate sounds and visual cues or signals. Many tasks require the ability to communicate orally. Environmental Factors: Performance of essential functions may require exposure to adverse enviromnental conditions, such as dirt, dust, pollen, humidity, rain, temperature extremes, air traffic hazards, or bright/dim light Collier County is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the County will provide reasonable accammodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. @ DMG-MAXIMUS, INC. Page 3 Last Revised: January, 2010 Agenda Item NO.1 OS February 9, 2010 Attachment eage 11 of63 December 1,2009 Item # lOG THE ROLES, RESPONSIBILITIES AND REPORTING RELATIONSHIPS FOR THE POSITION OF EXECUTIVE DIRECTOR OF THE COLLIER COUNTY AIRPORT AUTHORITY; THE FORMAL POSITION DESCRIPTION FOR RECRUITMENT PURPOSES AND THE APPOINTMENT OF AN INTERIM DIRECTOR - MOTION TO APPROVE DEBBIE BRUGGEMAN AS INTERIM MANAGER, GOING WITH OPTION #1 IN THE EXECUTIVE SUMMARY, AIRPORT AUTHORITY TO BRING BACK TOP THREE CANDIDATES SO THAT THE BOARD CAN MAKE FINAL DECISION - FAILED 2/3 (COMMISSIONER COLETTA, COMMISSIONER COYLE, AND COMMISSIONER HENNING OPPOSED); MOTION TO APPROVE DEBBIE BRUGGEMAN AS INTERIM MANAGER, START THE PROCESS FOR HIRING A DIRECTOR/MANAGER, AIRPORT AUTHORITY TO CHOOSE TOP THREE CANDIDA TES AND BOARD TO INTER VIEW IN THE SUNSHINE FOR FINAL DECISION, AND STAFF TO BRING BACK SUGGESTIONS AND CHANGES TO OPTION #2 - APPROVED MR. OCHS: Commissioners, that takes us to Item lOG. It's a -- to obtain direction regarding the roles and responsibilities and reporting relationships for the position of the executive director of the Collier County Airport Authority; approve the fonnal position description for recruitment purposes; and authorize the appointment of an interim director. Ms. Winona Stone, Assistant to the County Manager, will present. MS. STONE: Good morning, Chainnan Fiala and Page 75 Agenda Item No. 10B February 9, 2010 Page 12 of 63 December I, 2009 Commissioners. Winona Stone, Assistant to the County Manager. At your November 10th meeting, the airport authority requested you to authorize the authority to begin a search for a new executive director based on the resignation of Theresa Cook. After lengthy discussion, you directed staff to come back with an item for discussion for options for consideration for defining the various roles, responsibilities, and reporting relationships between the BCC, the airport authority, and the airport authority executive director. This executive summary before you outlines four options for your consideration. Option one is to maintain the current structure of the authority with no changes to the functions or duties of the executive director with the airport authority recruiting, interviewing, selecting, and recommending a candidate to you for approval. The second option is to amend the reporting relationship of the executive director, situating the positions similarly to that of the Community Redevelopment Agency boards' executive directors and having the position report directly to the Board of County Commissioners acting as the Collier County Airport Authority with the current authority serving the new board in an advisory capacity like your current advisory boards. The third option for consideration would amend the reporting relationship of the executive director situating the positions similar to that of an agency director position, having the position report directly to the county manager or his designee. And then the final option that staff came up with for you, option four, would be to outsource the entire airport authority functions and positions. I would ask that you direct the county manager as to which option to implement or provide an alternative direction if you may have some other suggestions besides what we came up with, and depending on which option is selected, direct the county manager to bring back the appropriate documents for your approval and further Page 76 Agenda Item No. 10B February 9, 2010 Page 13 of 63 December 1,2009 direction. And lastly, we would ask that you -- recommend that you ratify the airport authority's appointment of Deborah Brueggerman in an interim status in the position of manager, airport, beginning December 7,2009. And there are several members of the airport authority here, if you have any questions for me or you want to just start your discussion. CHAIRMAN FIALA: Do we have any speakers? MS. FILSON: Two. CHAIRMAN FIALA: Two speakers. Would you call them, please. MS. FILSON: Jim Murray? MR. MURRAY: May I ask that Chairman Meade speak first? MS. FILSON: I don't have a speaker slip for Chairman Meade. MR. MURRAY: Okay. MS. FILSON: After Mr. Murray would be Floyd Crews. MR. CREWS: I'm going to give my time to Jim. MS. FILSON: Okay. MR. MURRAY: Thank you. Jim Murray, member of the airport authority board. Chairman Meade will speak to our recommendations. My personal recommendation is to go with option one. We've been working very effectively. I think that with the help of county staff, Winona Stone and the County Attorney's Office, we've operated very efficiently. I don't believe that adding another layer of government will make us operate either more efficiently or more cost effectively. We have a timing issue. The last time we were without an executive director, we lost at least one grant of -- we need to get this -- to get the approval of a new director going. We think that a search committee composed -- which Chairman Meade will speak to, will narrow down our potential candidates to a handful that the board can Page 77 Agenda Item No. 10B February 9, 2010 Page 14 of 63 December 1,2009 look at. The board always, the Board of Commissioners, always is in control. You control our funds. I'll remind you, for every buck you give us, we give you about eight dollars back in federal and state funds. You control all of our actions. So this commission is always the ultimate authority, but I think that taking the time and the effort to change directions when things are working well is not in the best interest of the commission or the county. Thank you. MR. CREWS: You didn't need my three minutes. CHAIRMAN FIALA: Floyd, did you want to come up and -- MR. CREWS: No, ma'am. He said everything I wanted to say. CHAIRMAN FIALA: Okay. And Chairman Meade, you were referred to a few times. Would you like to come up and place your comments on the record, please. MR. MEADE: Sure. As chairman of the airport authority, I'm very biased. I think we're doing a good job. I think we're doing what you want done. My concern is the last time that we had to hire an airport manager, it took us 18 months. I know we lost at least $150,000 in federal money. We've unanimously appointed Deb Brueggerman to be the interim director. She has spent -- she has been there four years, has been very good in finding money, and helping us get the money in as we needed it. I've appointed a search committee of the vice-chairman, Mike Klein, Penny Phillipi, I think it's pronounced, and Winona Stone to look at the resumes as they come in. We already have two resumes. Although I know it's -- they're just ahead of the ballgame. But under ordinance 2004-3, the commissioners' job is to approve the airport commission to do the search, and we really want to get on with that. The second part of that 4.3 is that the commissioners approve the individual who we fee) would be best as manager. And Page 78 Agenda Item No.1 08 February 9,2010 Page 15 of 63 December I, 2009 the last part of that is that the board approve the employment contract that we negotiate with that individual. In finding an airport manager, the airport executives, the American Association of Airport Exec- -- okay -- the association has a designation called an AAE, which is the -- means that the airport manager is a good businessman and can also manage people. And it's very hard to get. And in our criteria, we want somebody who has an AAE or is working on that. The levels start off, it's called CM. I really don't know what that stands for, but I will also tell you that a well-known airport manager here in south Florida has none of those and he's doing a very good job. So I'm not sure how important that is, but we -- I think we do want someone with an AAE, if we can find that, and Theresa had that designation, by the way. I'm here just to say that we'd like to move on and start our search for the airport manager. Thank you. CHAIRMAN FIALA: Which one of these options do you prefer? MR. MEADE: The first. I don't see where we're -- personally don't see where we're doing anything wrong, and I think we've done a good job, and I think we've been very efficient. CHAIRMAN FIALA: Thank you. Thank you very much. Commissioner Henning? COMMISSIONER HENNING: Well, I feel this wasn't -- won't be an issue if it wasn't about the Immokalee Airport. I think this is a result of the Immokalee Airport and it's always been a contention or an item for discussion. And I would consider option one once we have things happening at the lmmokalee Airport, but letting the county manager or his designee handle the airport director would give the board a little bit more latitude about getting things done at the Immokalee Airport, and then after we get that done, maybe we can go to option one. Page 79 Agenda Item No. 106 February 9, 2010 Page 16 of 63 December 1,2009 So I would be in favor of, Winona, I think it was option four? MS. STONE: The county manager, under the county manager? COMMISSIONER HENNING: Yes, option three. CHAIRMAN FIALA: That's three. MS. STONE: Correct. CHAIRMAN F1ALA: Commissioner Coyle? COMMISSIONER COYLE: Well, I would certainly discard option four. We're not ready for option four yet, anywhere near it. Maybe some day in the future. Option four definitely won't work. And I would agree with Chainnan Meade and others that the airport authority has done nothing wrong. In fact, you've done a lot that's good, and I like the working relationship we've had. The problem is that if the airport director works for us and you select the airport director, it always creates some kind of tension with the airport director and the people he or she supposedly works for. I would -- and I'm concerned also about adding another layer of government to this process, and that's why I prefer option two. And I'm not at all sure that I would approve it in the final fonn. But option two merely says research, research the changes. See if there's -- see what the changes are that are necessary and how those changes would result in, perhaps, a better reporting and accountability relationship for the airport director. So I would like to hear what comes out of option two. When it comes right down to it, the airport authority board does, in fact, give substantial direction to the airport director. The airport director feels that, they experience it, they feel an obligation to do what the Airport Authority Board wants them to do but yet they work for commissioners who mayor may not be happy with their performance and, perhaps, for reasons that are all wrong. And J think that we should begin the search immediately, if you will do the search with your own resources and not hire an executive search firm. I don't think that's necessary. There are enough people Page 80 Agenda Item NO.1 08 February 9,2010 Page 17 of 63 December I, 2009 available in this market, you should be getting a lot of applications. And we don't need an executive search firm to go look for somebody for us. And -- but I feel uneasy that you select the person and then tell us to hire them and sign the contract. I don't think that's the way it works. I think you should -- the board should be advisory in nature with respect to this, and they should give us maybe three qualified candidates from which we could choose, and that gets at the heart of the relationship that we're talking about. And that's why I think if the appropriate changes are made that use the experience of the members of the -- of the authority board effectively, that option two might turn out to be the right one. So I'm going to -- I'm going to suggest that we pursue option two but authorize the Airport Authority Board to immediately begin the search and to accept applications, review them, and to forward the top three applicants to the Board of County Commissioners for a final decision. CHAIRMAN FIALA: I -- personally I feel, number one, we should definitely take Debbie Brueggamier -- or Bruegger- -- MS. STONE: Brueggerman. CHAIRMAN FIALA: -- Brueggerman because she has been recommended. She's familiar with what's going on. She sees the things in motion. I don't want to see anything stop, grants that have been applied for, actions that are being taken over in the lmmokalee Airport, actions that are being taken over at Marco Airport. These things need to move forward. We don't have time to stop. Secondly, I think the airport authority has done an outstanding job. I -- I think that they've led us correctly. They confer with us all the time. They let us know what's going on. We're never in the dark about things. The airport manager has also come in and kept us abreast of what's going on. I like that. I don't want to be in charge, and r don't think. that the county Page 81 Agenda Item No. 10B February 9, 2010 Page 18 of 63 December 1.2009 manager really wants to. 1 like to hear from the people who know airports and who know business at airports, and J like them to report to me. So J am solidly in favor of option number one. Why fix it if it ain't broken? So those are my comments. Commissioner Coletta? COMMISSIONER COLETTA: Well, kind of a mixed bag for me. I listened to Commissioner Henning, listened to Commissioner Coyle, I listened to you, and there's some things I do agree on. One, that the airport authority ought to instate the person that they pick as the interim director; two, that they ought to go forward with a vigorous campaign to bring in a director that would be possibly a search firm. I don't want to rule anything out at this point in time. If you can get enough applicants that are qualified -- and (listened to Brian earlier today, what he would be looking for, and it sounds realistic, you know. So I think the search has to get underway. Also, too, ( do agree with Commissioner Coyle that there is nothing out there that we shouldn't consider. And one of the truths of the matter is, no matter what happens with the airport authority, the ultimate responsibility falls on our shoulders. Now, we have a perfect example of how well things work with an advisory board to the County Commission, and that's our CRAs. Does anyone know the last time that this commission has overrode a CRA suggestion? No, we don't. It's because they are so complete and so thorough and they get a chance to be heard not only before the CRA advisory group, but again before the commission, and it gives a chance for more public input. Not saying they'll be the final decision, but I agree with Commissioner Coyle that we ought to have staff come back and be able to make a comparison between the two, and then we can make a judgment decision on what has to be done. CHAIRMAN FIALA: You know, one of the things that I liked that the airport authority did last time when they were looking for an airport director was after they had narrowed it down to a few people, Page 82 Agenda Item No. 106 February 9, 2010 Page 19 of 63 December I, 2009 they had that open house at one of the airports and let us meet all of their candidates. COMMISSIONER COLETTA: Oh, excellent idea. CHAIRMAN FIALA: I thought that that was a great move forward, you know, once they've done all ofthe gleaning, and then they asked us to make our comments, which we all did. So we had a hand in the hiring. I liked that process. Also, I think that you're absolutely correct, Commissioner Coletta, in saying that we should always be aware of what's going on. I -- you know, I think that I like them reporting to us, but that's what they do now. COMMISSIONER COLErT A: Well-- CHAIRMAN FIALA: They give us reports, they confer with us. If they're going to be making any decisions, they first come to see us. And I know we have people on there -- I think you have some special people on there from the Immokalee -- COMMISSIONER COLETTA: I do. CHAIRMAN FIALA: -- who come right to you and tell you what's going on, and they report to us, and that's already the way it works. COMMISSIONER COLETTA: I've got to be honest with you. As far as monthly conferences, it doesn't happen. I don't hear from them monthly. I get their minutes of what's taking place with the previous board meeting and the current one. I don't get a phone call saying, what do you think of this, Commissioner, on this particular item. If it was in my agenda book and this was their suggestion, I would assume that it would be like the CRA, 95 to 100 perce- -- 99 percent would be accepted. I can't ever remember us refusing -- CHAIRMAN FIALA: No, we don't. COMMISSIONER COLETTA: -- a suggestion from the CRA. CHAIRMAN FIALA: But then look at the problems we're Page 83 -----~--~_._..,.~-----_._--_._--~ Agenda Item No. 10B February 9, 2010 Page 20 of 63 December 1, 2009 having with another committee, and -- COMMISSIONER COLETTA: Who's that? CHAIRMAN FIALA: -- that's the EMS fire. COMMISSIONER COLETTA: There's no comparison. CHAIRMAN FIALA: I mean, we took over with that, and it's -- COMMISSIONER COLETTA: That's no comparison. CHAIRMAN FIALA: You know, that's kind of like the-- COMMISSIONER COLETTA: That's the opposite end of the world. COMMISSIONER COYLE: Nothing compares to that. CHAIRMAN FIALA: I know. And I just don't want to see that happening again. COMMISSIONER COLETTA: It couldn't. There's no comparison, Commissioner Fiala. It's opposite ends of the world. COMMISSIONER COYLE: That's right. COMMISSIONER COLETTA: I mean, it doesn't hold any water to try to compare two entities that are so far apart. This is a solid group of people. The EMS -- CHAIRMAN FIALA: Right. COMMISSIONER COLETTA: -- and the fire group are so widely spread over some issues, and they have been forever. This isn't the same. We've got -- CHAIRMAN FIALA: Well, at least -- COMMISSIONER COLETTA: -- a great group of people. I do think that we can channel that energy very positively. I do -- I would like to hear the options come back to us. CHAIRMAN FIALA: Okay. Commissioner Halas? COMMISSIONER HALAS: First off, Chairman, thank you vel)' much, and the other speakers, Mr. Murray. I thought you guys did a commendable job in the last search for Theresa Cook. And as Commissioner Fiala brought out that -- whereby we had a reception so that we could talk to each one of these candidates, I think solidified Page 84 Agenda Item NO.1 OB February 9, 2010 Page 21 of 63 December I, 2009 the direction that we needed to go. And I can tell you that I would make phone calls to Theresa Cook and ask her to give me a quick update of what was going on, and I had no problem with that. The other thing is that I hope we can find someone as energetic as Theresa was so that we can move forward with the three airports that are under the control ofthe county. I think that one of the big attributes at this point in time is the completion of the Marco Island airstrip so that it's safe for all pilots that either land or take off and that we have a taxiway that's provided for them, and I feel that with the added taxiway there and the added tannac to park other aircraft, the apron there, I believe that the increase in air traffic not only will constitute higher fuel sales, but I believe that the landing fees and so on will pay big dividends for trying to get the Immokalee field up and running the way it should be. Hopefully we'll be able to come forth with enough funding to get a tower there so that we'll be in line for even more federal grants to make sure that we address the concerns there. I'm very happy with what's going on with the airport authority and the direction that they give me as a Board of County Commissioners here, and I kind of lean towards option one. So that's where I stand on this, and I guess that's up for additional discussion. CHAIRMAN FIALA: And I just wanted to jump in here. One of the things I forgot to say when I was speaking is under these criteria, classifications and so forth that we're looking for for an airport director or airport manager, I think we should mention in here strongly that they would have good grant-writing capabilities, because that's going to be very important for everything that we're doing at all these airports. And with that, I'd like to make a motion to approve the hiring of Debbie Brueggerman to take over in the interim, secondly for the airport authority to go out and start immediately a search for a new Page 85 Agenda Item No. 108 February 9, 2010 Page 22 of 63 December 1, 2009 airport director and, three, to follow option one as our selection. COMMISSIONER HALAS: Second. CHAIRMAN FIALA: Okay. I have a motion and a second. Commissioner Coyle? COMMISSIONER COYLE: I'd just like a clarification. Are we going to get to make the final decision from a selection that is screened by the airport authority, or will the airport authority present to us their selection for our final hiring? A social setting is not an effective interview process. It's not open to the public. It's not filmed. I still think we need to make sure that we get a range of applicants that we can choose, because the person is going to be working for us; is that true or not? CHAIRMAN FIALA: Now when you say range, would you like to have -- COMMISSIONER COYLE: Top three. CHAIRMAN FIALA: Oh, okay. You didn't mean the 45 applications? COMMISSIONER COYLE: Absolutely not. CHAIRMAN FIALA: Oh, okay. I'm sorry. I misunderstood what you were saying. COMMISSIONER COYLE: No. I said earlier that I felt that the airport authority should present to us the top three candidates from which we then would choose the one that we would sign a contract with. I feel very uncomfortable with someone just presenting me with one alternative. CHAIRMAN FIALA: I think you're right about that. I think we all pretty weII agree that we would like to make that final decision but with their input, right? COMMISSIONER COYLE: WeII, they would have given their input by selecting the first three, and then we make the decision after that. CHAIRMAN FIALA: Commissioner Henning? Page 86 Agenda Item No.1 08 February 9, 2010 Page 23 of 63 December 1, 2009 COMMISSIONER HENNING: I'm not going to support the motion, and hopefully we'll have an alternative motion for option two. CHAIRMAN FIALA: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yeah. I'd like to discuss a little bit more about the -- how they're going to handle the director's search and the issue of how it comes back to the commission. I agree about the three candidates, and possibly they might even rank them in order. I don't know if that would be appropriate or not. It probably wouldn't be, the three candidates. But I still like the idea of the social setting, possibly something that's open to the public. Commissioner Coyle's right, you know, we don't want it to become an exclusive thing. Actually it has to be duly advertised and meet all the requirements of sunshine, but I'm sure that could be done. CHAIRMAN FIALA: Yeah. I think they had to do it last time because we were all invited. COMMISSIONER COLETTA: Yeah, but I want to make sure, like Commissioner Coyle said, about the public being there. CHAIRMAN FIALA: Oh, yeah. I think that's great. I think that's good. COMMISSIONER HALAS: That's in your motion. CHAIRMAN FIALA: Yes, that will be in my motion. COMMISSIONER HALAS: Okay. That's my second. COMMISSIONER COYLE: It's not just being there. How does the public track our private conversations with these people as we shake hands and drink coffee with them? Nobody's taking minutes of any of that. Nobody understands what we're saying. CHAIRMAN FIALA: What are you trying to say then, Commissioner? Say it clearly. COMMISSIONER COYLE: Okay. I'll say it clearly again. Have all the social gatherings you want to have, but when it comes time to select the three people, it should be done -- select among the three top candidates, it should be done in this room in front of these Page 87 Agenda Item No. 108 February 9, 2010 Page 24 of 63 December I, 2009 cameras with the audio for everybody so that they understand what criteria we are using to select the person who will be the airport director. CHAIRMAN FIALA: Very good. COMMISSIONER COYLE: Okay. CHAIRMAN FIALA: Very good; And I don't think we have a problem with that. That's fine. That's a very open, public way of doing it. Commissioner Coletta? COMMISSIONER COLETTA: Yeah. I'm just curious. Is that the only objection you have with the Item I? COMMISSIONER COYLE: No. It's not the only objection I have with the motion. I think option one still leaves us with a problem that Theresa herself said creates difficulty for the airport director because she has two bosses, and it creates national friction. And I believe that we are faced with a situation not only of getting airports managed properly, three airports managed properly, but we also are faced with a challenge of business development at those three airports. And the airport authority as it currently exists is invaluable to helping with that, but there is an additional dimension that commissioners can apply in exactly the way you observed that we apply it in the redevelopment agencies. We do get involved in the business development issues. They consult with us and we develop long-range plans for doing that. It is reviewed periodically and very clearly. And I think that it is a lot better if we proceed along these lines. We, in essence, elevate the issue of the airports to the level of County Commissioners so that the buck stops here, and if it fails, it fails because of us. [fwe don't make appropriate progress, it's because of us. We get good advice from the advisers. We would value that just Page 88 Agenda Item NO.1 08 February 9,2010 Page 25 of 63 December I, 2009 as we do in the redevelopment agencies, but the final decision is up to us. And if we fail, people know who is responsible. CHAIRMAN FIALA: Well, we can write that in there. That's pretty simple. I mean, if you want to -- if you want to have them work with their advisory board -- or this new manager work with their advisory board, and then they come up, and once a month report to us or once every three months -- maybe they don't need something once a month or whatever -- and ask us to vote on something, that should be fine. COMMISSIONER COYLE: But that's not option one. COMMISSIONER HENNING: Let's not --let's not convolute the issue here. CHAIRMAN FIALA: Okay. COMMISSIONER HENNING: Number one is one. Number two is number two. CHAIRMAN FIALA: Okay. COMMISSIONER HENNING: So let's vote on the motion and let's see where it goes. CHAIRMAN FIALA: Okay. We have-- MR.OCHS: Madam Chair, I'm sorry. I'm sorry to interrupt. But again, if I might, for a point of clarification under option one, I think it's important to have Ms. Stone kind of point out what your requirements are under your current authority ordinance and your administrative code, which is also referenced in that ordinance with regard to this one candidate versus bringing multiple candidates in front of the board. MS. STONE: Thank you. Yes, the airport authority administrative code and the resolution 04 -- I'm sorry -- ordinance 04-03 both specifically state the process for hiring an executive director, and that they make -- the airport authority makes the selection and then you approve it. I don't see why the ordinance, which is your ordinance and the Page 89 Agenda Item No. 108 February 9, 2010 Page 26 of 63 December 1, 2009 administrative code, which is the airport authority's -- and I believe you ratify it or adopt it -- why that couldn't be changed to say that the top three candidates are brought to you. That's the only thing I'm aware of as far as legally document-wise that has a restriction on that as of right now. MR. OCHS: And my only point is, if you want to go to that process under an option one, we would need to come back, I believe, and make that modification to the administrative code. CHAIRMAN FIALA: But we can still go forward and start them -- start the process, right? I don't want to wait. MR. OCHS: Sure. r just wanted you to know that we'd need to come back on the heels of that, perhaps, and get it in concert with your direction. CHAIRMAN FIALA: Okay. County Attorney? MR. KLATZKOW: We will implement your direction whatever it is. If that requires amending the ordinance, we'll do that. CHAIRMAN FIALA: Okay, okay. Any other comments? MS. STONE: Not from me, ma'am. . CHAIRMAN FIALA: Okay, fine. I have a motion on the floor and a second. Are we all familiar with the motion now that could be modified as far as the hiring of the three persons? I mean, that's in my motion, but it -- you'll be bringing us back the paperwork on that, right. Okay, fine. Not hiring of three persons. I'm sorry. COMMISSIONER HALAS: Three candidates. CHAIRMAN FIALA: Interviewing three candidates. All in favor, signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. Opposed? COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. Page 90 Agenda Item NO.1 OB February 9, 2010 Page 27 of 63 December 1, 2009 COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Okay. We have three opposed. COMMISSIONER COYLE: Okay. Can I make another motion? CHAIRMAN FIALA: You may. COMMISSIONER COYLE: Okay. I would like to make a motion approving the recommendation by the airport authority to have Debbie Brueggerman serve as interim director. I'd also like to have the motion include approval to conduct the .. an immediate search for an airport director and to make necessary revisions to our administrative code and our ordinance as necessary to allow for the airport authority to provide the board the top three candidates from which the board will make the final selection. And then I would like to have the motion provide guidance to staff to research option two and provide to us the necessary changes that might be required in order to implement the recommendations of option two. COMMISSIONER HENNING: Second. CHAIRMAN FIALA: Okay. I have a motion, and second by Commissioner Henning. Winona, may I ask you a question? MS. STONE: Yes, ma'am. CHAIRMAN FIALA: Will this then -- what will this do to the Airport Authority Board? MS. STONE: Coming back with just staff comments on what would be changed, what J would imagine is that we work with -. the County Manager's Office would work with the county attorney and go through the ordinance and work on that. But if you're going to have them report directly to you and be an advisory board for option two, or you just want us to come back, I believe, with the suggestions on how it would work? COMMISSIONER COYLE: That's exactly all I'm saying. I'm Page 91 Agenda Item NO.1 OB February 9,2010 Page 28 of 63 December 1, 2009 not suggesting we try to change it at this point in time. I'm merely saying, come back to us and tell us what option two involves. MS. STONE: Okay. COMMISSIONER COYLE: And the changes that would be necessary, and at that time we'll have a chance to debate it again, and if there's something objectionable, everybody will be heard and may or may not approve it. CHAIRMAN FIALA: Okay. And my concerns -- my main concerns are that each one of us has a different concept of what an airport should be. You, because you fly in and out of them and you know very well those things. You, because you want to see a business started at your airport. Me, because I want to see Marco Island Airport finally move ahead. It's been stifled for so long. And so there are -- you know, you have so many different opinions, and I love having an Airport Authority Board who covers all of that, and -- because we don't know how long we're going to be here, and I like that. And I'm concerned with minimizing or watering down their option to come back to us -- but as long as it's going to come back to us. I'm very concerned about that, but I'd -- I will listen to all the options as long as we can move forward with this process, because we're not making a decision on the option right now, correct? MR. OCHS: Correct. CHAIRMAN FIALA: Okay. I have a motion on the floor and a second. Commissioner Coyle, did you want to say anything else? COMMISSIONER COYLE: No, that's all. CHAIRMAN FIALA: Okay. COMMISSIONER COYLE: Don't encourage me more. CHAIRMAN FIALA: Oh, I don't want to. COMMISSIONER COYLE: Okay. CHAIRMAN FIALA: Next thing I'm going to do is haul out the Page 92 Agenda Item NO.1 OB February 9, 2010 Page 29 of 63 December 1, 2009 timer. COMMISSIONER COYLE: As long as you apply it to everybody, that's okay with me. CHAIRMAN FIALA: All those -- MS. STONE: Commissioner, could I ask for clarification? COMMISSIONER HENNING: That includes staff, too. COMMISSIONER COYLE: Yes, exactly. CHAIRMAN FIALA: Go ahead. MS. STONE: Okay. On the, conduct the immediate search, earlier you said, but not use a firm. Are you still opposed to that? There -- that's how Theresa was hired and taken away from us by -- five different airports wanted her, so -- she actually recommended to me that we utilize that to -- they act really quick, so -- COMMISSIONER COYLE: Could I answer that question, since I made the motion? CHAIRMAN FIALA: Yes. COMMISSIONER COYLE: Under normal circumstances, I would say, by all means use a search firm. These are not normal circumstances. A search firm costs money. Ifwe can get enough applicants to make the airport authority feel comfortable that they have a good pool of people to choose from, then I would prefer to try that first. If they feel they're not getting the quality applicants, I wouldn't have any hesitation to trying to find the money to pay a search firm. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: Mr. Meade, do you think that you have the ability to find someone of high quality that we really -- that we really need in this county to run three airports without going through a search firm? Do you feel you have that capabilities? MR. MEADE: Since Theresa was hired, the -- there's now a website by the American Association of Airport Executives. And a few things I've found out, we will list the job criteria on that website, Page 93 Agenda Item No. 108 February 9, 2010 Page 30 of 63 December I. 2009 and I've also found out a lot of people read that. And we will get resumes from that. Ifwe don't get the resumes we need -- enough we need or the quality that we need, then I don't think we have any choice but to use a professional finn. And I would like you to know that we have money set aside for -- to hire a finn if need be. But I'd like to try the website first and see what happens. COMMISSIONER HALAS: Okay. Thank you very much. CHAIRMAN FIALA: Just kind of what you said, their best-- choose the way they feel best we could move forward, and it looks like they pretty weB put that together, which then aligns itself with Commissioner Halas' suggestion. COMMISSIONER COYLE: Commissioner Coyle's. CHAIRMAN FIALA: Oh, yeah. Whatever your name is, Coyle. COMMISSIONER COYLE: Thank you. Can we get a name card for my position here? Maybe put it here so it can be read by the chair. MS. FILSON: Yes. CHAIRMAN FIALA: Big, big letters. COMMISSIONER HENNING: Put little lights on it and make them flash, twinkle. COMMISSIONER COYLE: Yes. CHAIRMAN FIALA: I have a motion on the floor and a second. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) CHAIRMAN FIALA: Okay. That's a 5-0. So you will be Page 94 Agenda Item No. 108 February 9, 2010 Page 31 of 63 December 1, 2009 coming back with recommendations on options, right, specifically on two? MR. OCHS: Weill be coming back analyzing what changes need to be made under option two if the board chooses to move forward with that vein. CHAIRMAN FIALA: Okay, very good. Now it looks like we have nothing left, so we go to lunch, right-- COMMISSIONER HENNING: Yeah. CHAIRMAN FIALA: -- until one o'clock, and then we come back at one o'clock. MR. OCHS: Very good, thank you. We do have a few more items left. CHAIRMAN FIALA: We have a time certain for Siena Lakes. (A luncheon recess was had.) CHAIRMAN FIALA: Everyone, would you take your seats. Thank you. Our meeting is back in session. Thank you for joining us this afternoon. Item #8A, #8B and #8C (DISCUSSED AS A GROUP) Item #8A ORDINANCE 2009-65: PUDZ-2008-AR-14091, LCS- WESTMINSTER NAPLES LLC, REPRESENTED BY ROBERT DUANE, AICP OF HOLE MONTES AND RICHARD D. YOV ANOVICH, ESQ., OF COLEMAN, YOV ANOVICH AND KOESTER, A REZONE FROM THE ORANGE BLOSSOM GARDENS PLANNED UNIT DEVELOPMENT (PUD), THE OAK GROVE PUD, AND THE AGRICULTURAL (A) ZONING DISTRICTS TO THE COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) FOR A 764,478 SQUARE-FOOT CONTINUING CARE RETIREMENT COMMUNITY (CCRC) TO Page 95 Agenda Item No. 108 February 9, 2010 Page 32 of 63 ORDINANCE NO. 2010- Attachment D AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2004-03, KNOWN AS THE COLLIER COUNTY AIRPORT AUTHORITY ORDINANCE, BY AMENDING SECTION THREE, "DEFINITIONS;" SECTION FOUR, "CONTINUANCE OF AUTHORITY; AIRPORT BOUNDARIES;" SECTION FIVE, "GOVERN~NG BODY; MEMBERSHIP; APPOINTMENT AND TERMS OF 0;Jj:;F1CEi" SECTION SIX, "COMPENSATION OF MEMBERS;" SECTIO~~EVEN. "POWERS, FUNCTIONS AND DUTIES;" SECTION.tEl~ffT, "ANNUAL WORKSHOP; BUDGET AND REPORTS;~' SECTION NINE, "ADMINISTRATIVE CODE;" SECTIQts.' TEN, "EXECUTIVE DIRECTOR;" SECTION ELEVEN, "tsON-INiERFEREN<:;E;" AND SECTION FOURTEEN, "ADOPTION ()F RULES AND REGULATION PREVIOUSLY ADOPTED BY THE., <:;QLLIER.,.COUNTY AIRfQRT AUTHORITY;" IN ORDER FOR TI:IJi;, B.OARD OF COUNTY COMMISSIONERS TO SERVE AS THE GOVERNING BOARD OF THE COLLIER COUNTY AIRPORT AUTHORITY, PROVIDE FOR THE CREATION OF AN AIRPORT.4IJTHORITY ADy.ISORY BOARD, AND PROVIDE THAT THE AJRfORT AUTHORITY EXECUTIVE DIRECTOR REPORT TO AN)) SE~YE., DIRECTLY UNDER THE BOARD OF COUNTY COMMISSIONERS ACTING AS THE AIRPORT AUTHORITY; P;ROY!DING FORiSONFLICTAND SEVERABILITY; PROVIDING ,FOR INCLUSION IN THE CODE OF LAWS AND ORDINAN<:;ES,;AND PR9VIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 332,<~10~~~,~~a~llt~~, authorizes Collier County to acquire, establish,,~9iiSWct,enl'arge:intprove, r~lliinfain, equip, operate, and regulate County airports and of!lZ! navigation fa~iiities; and . '~REAS, Section;332.08~'Florida Statutes, authorizes Collier County to vest authority f()t'~ construction;' enlargement, improvement, maintenance, equipment, operation, and regulation thereof in an'officer, a board, or body by ordinance or resolution which shall prescribe the powers\lil9 duties of such officer, board or body; and WHEREAS, the governing body of the Airport Authority has previously been composed of seven citizen members appointed by the Board of County Commissioners; and WHEREAS, the Board of County Commissioners now desire to serve as the governing body of the Airport Authority and create a citizen-member advisory board(s) to advise the Board concerning County airports; and Page I of 12 Words underlined are added; Words ,wek !hr. .gh are deleted. Agenda Item No. 10B February 9,2010 Page 33 of 63 WHEREAS, the Board of County Commissioners desires to appoint the members of the Airport Authority that exist as of the date immediately preceding the effective date of this Ordinance amendment to the Airport Authority Advisory Board; and WHEREAS, the Board of County Commissioners desire to make the Airport Authority Executive Director serve at its pleasure; and WHEREAS, the Board of County Commissioners desire tOi.ij:dopt all policies and procedures of the Airport Authority, to include the Administratiye Code, iIi existence as of the effective date of this Ordinance amendment. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, tha.t: SECTION ONE: AMENDMENTS TO SEcfIO~ THREE OF ORDINANCE NO. 2004-03, AS AMENDED. Section Three of Ordinance No. 2004-03, as amended, is hereby amended as follows: SECTION THREE. Definitions. As used in this. Ordinance, the following words and terms shall have the following meaning unless the cO'1text clearly requires otherwise: * * "Authority" means th.e Collier County Airport Authority ereated BY OrdilllH1ee }lo. 93 36 and coatitUleflli~ this Or.aillllBee as created bv this Ordinance. . * * SECTION TWO: AMENDMENTS TO SECTION FOUR OF ORDINANCE NO. 2004-03, AS AMENDED. Section Four of Ordinance No. 2004-03, as amended, is hereby amended as follows: SECTION FOUR. Continuance of Authority; Airport Boundaries. ,^., The Board, OR Jafte 22, 1993, BY eRaetmeat of Collier COlffity OrdrnllBee }le. 93 36, ereatea a SB'/en memller Beay designated as the Callier COllflty ;\iIjlort Authority. Page 2 of 12 Words underlined are added; Words sffilGl: WaugH are deleted. Agenda Item No. 108 February 9, 2010 Page 34 of 63 B A. The Authority is a "political subdivision" of Collier County as defined in subsection 333.01(9), Florida Statutes. The Authority is also a "political subdivision" of Collier County as used in Section 196.199, Florida Statutes, regarding ad valorem taxation. C. The i\atherity is Rat a "dEl!lartffieRt" under Callier Calffity OrdiRafl6e Ne. 81 11, a~ amended. Neitfler Ille lHltharity, the !.lItharity's Bxeemiye Dire6ter, Her ether eHlflleyees efthe f.'lltheFity are lIflder maaagement ef Ille Cell1ily Manager. t} ~. The Authority shall take no action that is inconsistent with~p~ficable general law, any applicable special act, any applicable comprehensive land ~~~plan, any applicable land development ordinance, or any other applicable ordinance'l'1ll,eo~'P lation adopted by the Board pursuant to Chapters 332 or 333, Florida Statutes, Dll~any a" e regulation of any governmental entity that has authority to adopt t1i~t are s to the Authority with respect to the specific issue. SECTION THREE: AMENDMENTS TO 2004-03, AS AMENDED. and g ~. The legal description and a map of are a part hereof as Exhibits A, B and C. OF ORDINANCE NO. ;;/\1'1;1:;"> i;;<<',~:"": ":,, Section Five of Ordinance No. 2004~03, as ~emled, is SECTION FIVE. ", .... ." ','. ....' .,: Memb6~hip; Appoiflhnent and Terms of Office reglllati~a~~ anliRaRee, thisl1re\'isiel). snail pre'. ail. UreR the 0)lj3ifatieR 8f a memeer's teFHl ef emee, slleil"~.emeer shall muiRtaiR his ar her aj3peifttmeat lI1ilil the memeer is eilller r6 8flpeiRted or a~~~.6e~sar is 8fljlaiftted by the Baard. B. Memeers 8ftll,e .^.atherity may ee reme'/ed willl 8r With811t 6lHlse ey a maj8rity 'iote ef the mem13erDhip eftheBeard. 'lacaneies all. t:fie A'lltharity shall13e filled iR the same manner as the 8rigiRal apfleiHlmeR!. C. Mem13ers af the ."utharity shaH ee resideRts ef Cellier COll1ily and mllst haye ellsiRess al3ility aHd eXflerieRee ill eRe Elr mElre HeldG whieh, by way Elf eJlliHlflle, may iRelllde, 13ut are RElt limited to, geRer.aJ bllsiRess, eeeRemi6 d6'ielepment, a', iatieR, plllllie affuirs, la\", fiR8.Ilee, aS68lffi!iRg, eRgiReeRRg, RatlIoral resellf6e 6eRGervatieR, er related fields. There shall be at least ORe (1) member 8f tfle '''lItheFi!)' llflpeiftted [rem Irnm8kalee, Maree Island, llHd Bverglades City ef a fIllaliHed eaHdidate '.':he resides '.'iitltill. the reDpeeti ie area is a'/ailaBle fer app8iRtmoot Page3 of 12 Words underlined are added; Words slfuet, lbrS"llR are deleted. Agenda Item NO.1 OB February 9,2010 Page 35 of 63 ta the l\lItherity. Na jlemea holEiiag Bleeted amee at the state, ealilHy er mllRieiflality level shall he IIfljleiatBs ta, ar Be a memBer af, the :\lIthaFity. A. The Board of County Commissioners herebv declares itself to be the Collier Countv Airport Authority. B. The members of the Board of County Commissioners are the members of the Airport Authoritv. but the members constitute the governing bodv of a legal entity. separate distinct. and indeoendent from the Board of Count v Commissioners. . . B .c.. Effective as of the beginning of each fiscal year (Octo~erl)ftl1~Authority shall from its members elect a chairman, vice chairman, and secretary. Th~'secretaiY shall maintain custody and control of the Authority's records. The Authority may derggate the dutie~ of secretary to the executive director of the Authority or designee. :g.Q. The County's Purchasing Policy and the cOUhty's Perso~el Rules and R.e~ations will apply to the Authority except as provided otherwise in.the A1@Olity's Administraflve Code, as amended from time-to-time. . F g. The Clerk to the Board shall, to the extent required by law, serve as clerk to the Authority. The Authority, at its discretion, may utilize the serviceso{the Clerk over and above the services the Clerk must perform for the Authority as a matter 9f law. The Authority shall annually budget and reimburse the Clerk as appropriate for the cost of all services and materials supplied by the Clerk to the Authority. The Authority shalL organize its own financial records to facilitate its day-to-day operations and provide financial"records in such form and in such manner as required by. Chapter 218, Florida Statutes, and additional requirements, if any, specified in the Authority'sAdministrative Code. To the extent allowed by law, the Authority may, through its Administrative Code, remove itself from fiscal and other review and approval by the Clerk to th.e Board. G E. 9ther Departments .of the County, including the office of the County Manager, may assist the. Authority as requested by the Authority. The Authority shall reimburse each respective department for tlli:'cost of services and materials supplied by that department to the Authority.' SECTION FOUR: AM~DMENTS TO SECTION SIX OF ORDINANCE NO. 2004-03, AS AMENDED. Section Six of Ordinance No. 2004,03, as amended, is hereby amended as follows: SECTION SIX. Compensation of Members. The members of the Authority shall receive no compensation but each shall be reimbursed expenses in accordance with the provisions of general law, and in conformity with the Authority's budget as IIfljlreves by the Beara. Page 4 of 12 Words underlined are added; Words 'truck thrOl.gh are deleted. Agenda Item No. 10B February 9, 2010 Page 36 of 63 SECTION FIVE: AMENDMENTS TO SECTION SEVEN OF ORDINANCE NO. 2004-03, AS AMENDED. Section Seven of Ordinance No. 2004-03, as amended, is hereby amended as follows: SECTION SEVEN. Powers, Functions and Duties. A. The Authority shall be responsible for the construction, improvement, equipment, development, regulation, operation and maintenance of the airp9~ anq all related airport facilities. The day-to-day activities ef the i\<tttherity, of the E:~e~utive Director, and of the Authority's other employees shall not require prior approval frpm the ,Board. Authoritv. or the County Manager. ,. ....... ,. t>n:~~ B. The Authority shall have no power to levy or C;(;I,11~8t'itd v~lorem taXc;S~less provided otherwise in a special act of the Florida Legislature, .. , The Authority has the following powers ::nd dtiilfl~; c. 1. Subject to and consiste.gtwith the Authorit)r'sbudget, to make and execute contracts and other instruments neJ:.essary or convenienttg the exercise of its powers. i1I1es and regulations that are necessary to 2. The Authority may adopt n!s9 u 10 conduct the business of the Authorit)i!!" ;" 3. To acce~fgift~;ti;'applY for an(l~se grants ot loans of money or other property from the United States, the ,~tate of Florida, any unit of local government, or any person for any lawfulptirpose; to~~ld, use, sell ai1.~dispose of such monies or property for any Authority purpose in,~cp9;'danpe ~ith tl~e terms of the gift, grant, loan or agreement relating,the.~eto; and to, eJ:ltei into mter,local agreements as convenient to accomplish its g,9als. ~/" ,';:',)i:'>:" ,,:,/ 4.., To maintain',<ll1 office"yvitl1.in the County at such place or places the Authority designates. . 5. S\ibje6t te pri,er aPflreyal ef the Beare, t To borrow money and issue revenue bonds or antipipati(.)Il. "certificates, warrants, notes or other evidence of indebtedness; to designate an agenf~f record; to sell or mortgage real or personal property, or to accept any grant. ..i 6. To adopt by resolution a schedule of rates, fees and other charges for the use of the services, airports and airport facilities to be paid by owners, tenants, or occupants of each parcel of land or the user of any facility which may be connected with or provided service, use or availability of any airport facility. The initial schedule of such rates, fees and other charges shall be those in effect at the three airports as of the effective date of this Ordinance. The Authority may from time-to-tirne revise the schedule of rates, fees Page 5 ofJ2 Words underlined are added; Words "!ru6k lhrollgh are deleted. Agenda Item NO.1 OB February 9, 2010 Page 37 of 63 and other charges. Such rates, fees, and other charges shall be adopted and revised so as to provide funds, which, with other funds available for such purposes, shall be sufficient at all times to pay the expenses of operating and maintaining the airports and airport facilities (including reimbursements to the county), to provide a margin of safety over and above the total amount of such payments, and to comply with covenants to bondholders. Also to provide, if applicable, reserves for the principal and interest on revenue bonds as the same may become due. The Authority shall charge and collect such rates, fees, and other charges so adopted and revised. 7. To sub-lease as sub-lessor, and to lease as lessee,t<:i or from any person, firm, corporation, association, or body, public or private, ariy'airport facility or airport property of any nature for the use of the Authority to carrYo~t any purpose of the Authority. To grant easements, licenses and use agreements at ~l'1airport. Baeil sllb leaae where !he .^.l!thElri~' is tile SUB lesser, ane eaeh' graHt of allY sae~~a,sement, lieeaae or other IIse agreement, SHall be suBjeet Ie apprm'al Elf the BElare if th~ teHll ef tile sab lease, lieeaae, eaaemellt, use agreemeat or other agreement eT aElelllBent willeeFltrelllG6 ElT eeellflalley af real pmperty feT a teffi1 greater thea Fhe (5) years, iael'uaiBg e'lery elltioB to reBe.. or 6JCtella the leffi1. 8. To acquire by purchase, lease, gift, dedication, or devise, or otherwise, real and personal property or any estate therein for any lawful purpose of the Authority; also to trade, sell or otherwise dispose of surplus real or surplus personal property in accordance with general law. The Authority may purchase equipment by an installment sales contract if budgeted and funds are availab,Ie to pay th.e current year's installment and to pay the amounts due that year on all other installments and indebtedness. The Authority shall have n9 power of eminent domain eXcept (a) in the name of the county pursuant to Chapter 74:' Florida Statutes, as authorized by the Board, or (b) except as authorized by special act ofthe Legislature. 9. To hold, control and acquire by donation or purchase any public easements, dedications to public use, platted reservation for public purpose, or reservation for any la\Vful purpose ofthe Authority, and to use such easement, dedication or reservation for any lawful purpose of the Authority. 10. Tg hire empIEl)'ees, iacllleiRg the Executive Director, who shall be !!!! employees of the CoUnty and shall be subject to the County's Hwnan Resources Policies and Procedures except to the extent, if any, specifically provided otherwise in the Authority's Administrative Code. 11. To contract for professional services including, but not limited to, planning, engineering, legal, and/or other professional services. No person engaged to provide such services shall be an employee of either the Authority or the County. 12. At the Authority's discretion, the County Attorney's office will serve as the Authority's attorney. The Authority may retain individual attorneys at law and/or law Page 6 of 12 Words underlined are added; Words stnlek thrs\iga are deleted. Agenda Item No. 10B February 9, 2010 Page 38 of 63 firm(s) to serve as the Authority's attorney for some or all of the Authority's legal services. 13. To exercise all power and Authority that is convenient and appropriate to accomplish any duty, responsibility, goal, plan, or purpose of the Authority as provided for in this Ordinance. 14. To create advisorv board(s). :<t'.i' 4, a. The Board herebv appoints the prior membefSofthe Airport Authority to the Airport Authoritv Advisorv Board. .,,! "', ave ~.Hen upon all aircraft landing upon any airport operated by the fueli.!~d,ig~ fees~dother fees and charges for the use of the facilities of,!s~Sh. ~i'!;.ort4.~c sucH arrcr~,!when payment of such charges and fees is not made iiI!Wediately uI>PBdemand,it.perefore to the operator or owner of the aircraft by a duly auth~E!~ed employee oftl}~!Auth~rit~)! Th,e lien for the full amount of the charges and fees due to theA,'-!thority attaches t~ranY airc~~ owned or operated by the person owing such charges and fees;S\t.<:h lien may be ehforced as' provided by law for the enforcement of warehousemen's liens in Flol-i~.! It is unla~ for any person to remove or attempt to remove any such aircraft from such allpQIt after noticc:.of the lien has been served upon the owner or operator thereof or after posting of such~ttc:.l1notice upon such aircraft. Any person who removes or attempts to remove any such airel-aft from the airport after service or posting of the notice of the lien as herein provided, and before payment of the amount due to the Authority for fees or charges incurred by such aircraft, shall be guilty of a criminal offense and misdemeanor within the meaning of Section 775.08, Florida Statutes, and shall be punished as provided by law. SECTION SIX: AMENDMENTS TO SECTION EIGHT OF ORDINANCE NO. 2004-03, AS AMENDED. Section Eight of Ordinance No. 2004-03, as amended, is hereby amended as follows: Page 7 of 12 Words underlined are added; Words <lnIek lI>follgh are deleted. Agenda Item No. 108 February 9,2010 Page 39 of 63 SECTION EIGHT. Annual workshop; budget and reports. A. The ~ Executive Director shall schedule and conduct one (1) workshop with the Beare Authoritv prior to submission of the f.litRerity's Executive Director's tentative annual budget request. For each fiscal year the Atitfleri.!y Executive Director shall prepare a tentative annual budget including revenues and expenses for the operation of the three airports during the ensuing fiscal year. The budget shall be transmitted to the County Manager for Authority and Board review and adoption on or before May I, or otherwise in accorqance with the County's general budget policy or general law, whichever date is earliest. Eacnproposed budget shall include an estimate of all planned and contingent expenditures of.the Authority for the ensuing fiscal year, plus an estimate of all income to the Authority from ai.r's()urces for that fiscal year and shall include an update of the Authority's five-year strategic busine~splan. The Board shall consider the proposed budget item by item and may either approve th~bu~,get as proposed by the Authority, or modify the same in part or in whol~. The budget of the'~uthority shall be adopted in the same manner provided, and the tiIrles established by law for ili~'~option of the budget by the County. The Authority shall be responsible for the implementaticiripfthe budget as approved by the Board. The annual budget proposed.~y ~~ Authority and approved by the Board should continuously implement the Authority's five.ye~' master plan. B. By March 15th of each year, theAtitfleri.!y Executive Dfrector shall submit to the board an annual report on its activities and operations for the preceding fiscal year, including an independent financial audit. C. For the December, March, June and September calendar quarters of each year, the ~ Executive Director, not later than forty - five (45) days following the end of each quarter, shall deliver to the Beaffl Authority a quarterly financial report including the status of grants and income frol1'lsub-leases; licenses, and othenevenue producing items. SECTION SJi;VEJliJ; AMENDMElIITS TO SECTION NINE OF ORDINANCE NO. 2004-03, AS AMENDED. ". -"'. Section Nine ofdi'dinance No; 2004-03, as amended, is hereby amended as follows: SECTION NINE. Administrative Code. A. The Authority shall!lli!Y adopt an Administrative Code by Resolution(s) that prescribes details regarding the powers, duties and functions of the officers of the Authority; the conduct of the business of the Authority; the maintenance of records and the form of other documents and records of the Authority. The l\amiRistrative CaGe and allH~RamefltS taerate are Ret slibjeet tellflPr<3valeftRe Baar-d ar !lfthe Celiflty Manager. B. The Administrative Code shall organize the administration of the Authority and shall detail the duties, responsibilities, policies, rules and regulations of the Authority as delegated to the Authority by this Ordinance, by other ordinances, by rules and regulations of the Board, or by Special Act of the Legislature. Page 8 of 12 Words underlined are added; Word, 'IRiok thro .gh are deleted. Agenda Item No. 106 February 9, 2010 Page 40 of 63 C. The Administrative Code in existence as of the date of this Ordinance amendment is effective onlv to the extent that it is consistent with Collier County rules and regulations and this Ordinance. SECTION EIGHT: AMENDMENTS TO SECTION TEN OF ORDINANCE NO. 2004- 03, AS AMENDED. Section Ten of Ordinance No. 2004-03, as amended, is hereby~ended as follows: ,>." -.'%, SECTION TEN. Executive Director. ~m: i"-14 , to the provisions of an Employment Agreement of Director may be terminated, with or cause, by an the Authority. B. C. The Executive executive and and vested in the operatinl(officer of the Authority. All powers specified herein shall be assigned to D. -"-~ ,<<<:} 1. .' Be responsible . 711 and airport facIiitiesr management and operation of the airports Formulate l'ing recommendations regarding policies, rules and reg . ..... .' s, directivesr;'programs, agreements, sub-leases, leases, contracts, and all other docwnents. .which require consideration, action, or approval of the Authority. 3. Implerri~,~talllawful directives of the Authority. 4. Prepare annual budget and the annual report for approval of the Authority and the Board. 5. Recommend employment of, direct, supervise, and recommend personnel actions regarding Authority employees in accordance with the County's Human Resources Policies and Procedures, except to the extent those policies and procedures do not apply to the Authority as exempted by the Authority's Administrative Code. The Executive Page 9 of 12 Words underlined are added; Words slmak tllroagh are deleted. Agenda Item No. 108 February 9, 2010 Page 41 of 63 Director shall also direct and supervise professional service providers engaged by the Authority. 6. Carry out such other powers and duties as may lawfully be assigned by the Authority. E. The Executive Director shall be qualified by executive and administrative experience. Minimum qualifications for the Executive Director are to be specifie4 in the Administrative Code. The compensation of the Executive Director as specified in the applicable employment agreement shall be set by the Authority in accordance with the budget approved by the Board, and in accordance with the County's Human Resources Policies an4;,erocedures, except to the extent those policies and procedures do not apply to the Authori'ty:'.p(:cause of exemptions provided for in the Authority's Administrative Code. 'C,; SECTION NINE: AMENDMENTS TO SECTION ELEVEN OF ORDINANCE NO. 2004-03, AS AMENDED. .. ;(, Section Eleven of Ordinance No. 2004-03, as arrll:;n4~, is hereby amended as follows: SECTION ELEVEN. Non-Interference. Consistent with Ordinance No. 93-72. as amended (County Manager's Ordinance) and Ordinance No. 96-40. as amended (Collier County Personnel Ordinancel.Mmembers of the Authority may communicate with employees, officers, agents under the direct or indirect supervision of the Exec,utive Director, including professional service providers, for the purpose of inquiry or infol1llati()n. Except for purposes of inquiry or information, no member of the Authority shall gii/e directions to or interfere with any employee, officer, agent, or with any professional services provider under. any direct or indirect supervision of the Executive Director. SECTION TEN: AMENDMENTS TO SECTION FOURTEEN OF ORDINANCE NO. 2004-01, AS AME,NDED. Section fourteen of Ordinance No. 2004-01, as amended, is hereby amended as follows: SECTION FOURTEEN. Adoption of Rules and Regulations Previously Adopted By the Collier County Airport Authority. A. The Board of County Commissioners, pursuant to Section 332.08, Florida Statutes, hereby adopts all of the following Rules and Regulations heretofore adopted by the Collier County Airport Authority ("Authority"): 1. The Collier County Airport Authority Rules and Regulations for General Aviation Airports, Collier County, Florida, applicable to the Everglades Airport, to the Page 1Oof12 Words underlined are added; Words slnlek thr."gh are deleted. Agenda Item NO.1 06 February 9, 2010 Page 42 of 63 Immokalee Regional Airport, and to the Marco Island Executive Airport, adopted by the Authority as revised on FeeFliary 11, 2002 (171lageG) February I. 2002. 2. The Cellier CeHHty :\irpeFt !.utherity MiniFRIIffi Stanaanls fer CellHHereial and Nan CellHHereial f.erenalltieal !,eti .-ities at the Immekalee Regienal AiFj'leFt, aaaptea BY the !.utherity as re',isea an FeBruary 11, 2002 (171lages). 3. The Cellier CeWlty .^.irpert !.utheaty MiniFRalH Slanal!!:~s f-er CeHUHereial aad Non CommeFsial ;\erenlllitieal ;\etivities at the Everglaae~".^.iF!"!H'k, adaptea B) the AlltheFity as revisea en FeBruary 11,2902 (171lages).,,' 2. Minimum Standards for Commerci~rNrport Aeronautical Providers at the Collier County Airports,' as reV1i1e~ onN6vember 14, Service e ~. The Collier County Airpo~l~ili Authority as revised on February 11,2002, ;i;~lJ:;" ing P~IiCY adopted by the Airport B. Subsection 33~,08(2)(b)#'rlorida Statutfs, (authorizing enforcement of violations of such Rules and Rel@,~tions as I} second deg1'ee misdemeanor) applies only to Rules and Regulations adopted bY>~eBoard.. Future amendments to such Rules and Regulations may not be enforced as a misdemeano~pu.rs~t.tothis.ordinance until each such respective future amendment(s}isl'1Ir~dopted by the BOaTdinir~imt to Section 332.08, Florida Statutes, which may be byadoprlon'(}{a Resol~ti?n of the' 'Board subject to the four weeks public notice requirelIlent. However, this IiriritatioIl. does not affect enforcement of any such future ~ndm'tlnt(s) to any such. Rule or Regulation except when the amended Rule or Regulation is to be enforced as a misdemeahor. Violation of any such future amendment not yet then adopted by the Board may be referred. for enforcement to any Collier County enforcement department and/or to any outsjge agency or entity, for enforcement by other means. C. Every violati()llpfany such Board adopted Rule and/or Regulation shall be a separate violation of this Ordinitnce. Also, every individual who, while in the presence of a law enforcement officer, either refuses to immediately obey an oral order (instruction) to leave the airport, or to move hislher person to some other part of the airport, or who is then committing any violation of any such rule or regulation, or is committing a trespass anywhere in any secured area of an airport, such law enforcement officer may arrest the violator without a warrant for any such violation(s), which Authority to arrest without a warrant is authorized by subsection 901.15(1), Florida Statutes. Page 11 of12 Words underlined are added; Words st:rn.ek thraag:k are deleted. Agenda Item No. 108 February 9, 2010 Page 43 of 63 SECTION ELEVEN: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-Iettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION TWELVE: CONFLICT AND SEVERABII;ITY.' ...:;;," d',._,,'". In the event this Ordinance conflicts with any otherOrdinanb~9f Collier County or other applicable law, the more restrictive shall apply. If any p~ase or portio~of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such pOrtion shall be deemed a separate, distinct and independent provision and such~olding shall not affect the validity of the remaining portion. SECTION THIRTEEN: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the .Florida Department of State. PASSED AND PUL Y ADOPTED by the Board of County Commissioners of Collier County, Florida, this"'" day of ,2010. ATTEST: DWIGHT E. BRQe-K, CLERK. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency; Jennifer B. White Assistant County Attorney Page t2 of t2 Words underlined are added; Words struek threaga are deleted. Attachment COLLIER COUNTY ORDINANCE NO. 2004-~ THE COLLIER COUNTY AIRPORT AUTHORITY ORDINANCE; A POWERS, FUNCTIONS AND DUTIES OF THE BOARD A AUTHORITY; AMENDING THE AUTHORITY'S BUDGET AND REPO REQUIREMENTS; AMENDMENTS REGARDING EMPLOYMENT OF THE EXECUTIVE DIRECTOR; AMENDMENTS REGARDING TRANSFER OF AIRPORTS, REAL AND PERSONAL PROPERTY, SYSTEMS, MATERIALS AND PERSONNEL; AFFIRMING All OTHER PROVISIONS; REPEALING AND SUPERSEDING COlliER COUNTY ORDINANCE NOS. 90-29, 95-67, 99- 10 AND 2002-28; PRDVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING AN EFFECTIVE DATE WHEREAS, subsection TWELVE (B) of this Ordinance is beiOO.. amended to require that all funds realized by the Authority from sale fQf; "," durable assets purchased by the Authority with County General Fund money shall be returned by the Authority to the County's General FUQl;I; and .c.' b-; G -'i , '"' WHEREAS, subsection SEVEN (C)(5) in this Ordinance is begi.: ....~ amended to specify that all of the Authority's grant awards are subjec~ '-, final approval from the Board of County Commissioners; and ~;;; 0 .',1 ":? <:.1 WHEREAS, subsection EIGHT (A) in this Ordinance is being amended to require thaI each year the Authority shall schedule and conduct at least one (1) workshop with the Board prior to submission of the Authority's tentative annual budget request to the County Manager; and that each budget request must contain an update of the Authority's five-year Strategic Business Plan; and WHEREAS, this Ordinance amends subsection SEVEN (C)(7) to require that all leases, sub-leases, easements, licenses, use agreements and any other agreement or document entered into by, or issued or granted by or to the Authority that will control use of the County's real property for a term 9reater then five (5) years must be ratified by the Board before each such document becomes effective; and WHEREAS, subsection EiGHT (C) is being added to this Ordinance to require that the Authority shall provide the Board with quarterly financial reports, including the financial status of grants and income from real property sub-leases and real property iicenses; and WHEREAS. subsection TEN (A) in this Ordinance is being amended to specify that the Board must authorize each search for an Airport Authority Executive Director, must approve the applicant recommended to the Board for employment by the Authority, and the Board must approve the recommended applicant's employment agreement; and- WHEREAS, Section TWENTY in this Ordinance specifies that this Ordinance repeals and supersedes Collier County Ordinance No. 90-29, and Ordinance No. 95-67 as amended by Ordinance Nos. 99-10 and 2002-28. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Title and CitatIon. This Ordinance shall be known and may be cited as the "Collier County Airport Authority Ordinance." Underlined text is added; slr..ak IAre"gIl text is deleted Agenda Item NO.1 DB February 9, 2010 Page 45 of 63 SECTION TWO: Findings and Purpose. It is hereby aEoerlaiAea ang reaffinmed <l&GiaFeQ that: A. Pursuant to Section 332.08(1), Florida Statutes, and this Ordinance, the Collier County Airport Authority is responsible for the operation of three airports: The Immokalee Regional Airport in Immokalee; the Marco Island Executive Airport, located Northeast of Marco Island; and the Everglades City Airpark, located in the City of Everglades. B. The three County airports are valuable assets that bear upon a viable and diversified economy for the Collier County Community. C. The Board of County Commissioners of Collier County desires to provide for enhanced development and eventual operation of the airports as enterprise operations. D. Chapter 332, Sections 332.001 through 332.12, Florida Statutes ("Airport Law of 1945"), authorizes Collier County to acquire, establish, conslrucl, enlarge, improve, maintain, equip, operate, and regulate county airports and other air navigation facilities, and provides that the exercise of any other power specified therein granted to counties are public, governmental functions exercised for a public purpose and are matters of public necessity. E. Section 332.08(1), Florida Statutes, authorizes Collier County to vest authority for the construction, enlargement, improvement, maintenance, aquipment, operation, and regulation of airports, restricted landing areas, and other air navigation facilities, in an officer, board. or body of the County by ordinance, which shall prescribe the powers and duties of such officer, board or body. F. The three Collier County owned airports require attention, including short and long range planning, to encourage and toster the development of infrastructure and facilities to be operated for the benefit of citizens and taxpayers in the County. G. The three airports should be developed to promote the welfare of all current and future residents of the County. H. It is the intent of the Board of County Commissioners to maintain a Collier County Airport Authority in Collier County with the powers and responsibilities as provided in Section 332.08, Florida Statutes, and pursuant to the governmental powers granted to counties in Chapter 125, Florida Statutes. I. This Airport Authority is consistent with and furthers the County's Comprehensive Plan and provides a focused approach to the provision, development and management of public intrastructure and services at the three Collier County airports, and is one available means for delivery of such facilities and services at the three airports. J. The provisions of this Ordinance shall be liberally construed to effectively carryout its purposes in the interest of the pUblic health, safety, welfare and convenience. This Ordinance shall be construed to be consistent with Chapter 189. Florida Statutes (the "Unfform Speciat District Accountability Act of 1945"), and Chapter 332, Florida Statutes (the "Florida Airport Act of 1945"); with Chapter 286, Florida Statutes, ('Florida's Government in the Sunshine Law"); and with Chapter 119, Florida Statutes (Florida's Public Records Law), as those statutes may be amended from time-Io-time. Underlined text is added; .truol. t",owij" text is deleted 2 Agenda Item No. 10B February 9, 2010 Page 46 of 63 K. Nothing in this Ordinance shall be conslrued to aflect any actions previously taken by Collier County andlor the Collier County Airport Authority, or any agreements previously entered into by Collier County andlor the Airport Authority. L. It is the intent 0' this Ordinance 10 grant to the Airport Authority more freedom and autonomy to carry on its day-la-day activities with minimal management from the Board and from the Clerk to the Board, and wilh the intent to eventually have the authority to become independent by passage of a special act of the Florida Legislature. SECTION THREE. Definitions. As used in this Ordinance, the following words and terms shall have the following meanings unless the context clearly reqUires otherwise: A. "Airports" means the real property and all improvements owned or leased by Collier County (as tenant) andlor lhe Collier County Airport Authority (as sub- lessor andlor tenant) for airport activities in Immokalee, Everglades City, and Marco Island, including the properties and improvements designated for industrial development at the lmmokalee Airport, and other such property and improvements that may be subsequently acquired by Collier County andlor the Airport Authority by lease, purchase, gift or by any other means. B. "Airport facilities" means airport facilities of all kinds including, but not limited to, landing fields, hangers, shops, restaurants and catering facilities, terminals, buildings, airport industrial parks, parking faciiities. and all other facilities necessary and desirable for the landing, taking off, operating, servicing, repairing and parking of aircraft; also the handling of mail, express and freight, and the accommodation, convenience and comfort of passengers, together with related transportation facilities, industrial development, all necessary appurtenances, machinery and equipment and all lands, properties, rights. easements and franchises relating thereto and deemed necessary or convenient by the Authority in connection therewith. C. "Authority" means the Collii.. County Airport Authority created by Ordinance No. 93-36 and continued by this Ordinance. D. "Board" means the Board ot County Commissioners of Collier County, Florida, E. "County" means Collier County, Florida. F. "Improvements" means such replacements, repairs, extensions, additions, enlargements, and betterments of or to any airport or airport facility as deemed appropriate to keep the airport and airport facilities in suitable condition for the safe. efficient and economic operation thereof. G. "Member(s)" means on or more of the persons who comprise the governing body of the Airport Authority, SECTION FOUR. Continuance of Authority; Airport BoundarleB. A. The Board. on June 22, 1993, by enactment of Collier County Ordinance No. 93-36, created a seven (7) member body designated as the Collier County Airport Authority. B. The Authority I. a "Political Subdivision" of Collier County as defined In Section 333.01 (9). Florida Statutes. The Authority is also a "Political Subdivision" at Collier County as used in Section 196.199, Florida 51.3Me, regarding ad valorem taxation. Underlined text is added; slr"ell tI1,""~h text Is deleted Agenda Item No. 10B February 9, 2010 Page 47 of 63 C. The Authority is not a "departmenr under Collier County Ordinance No. 84-44, as amended. Neither the Authority, the Authority's Executive Director, nor other employees of the Authority are under management of the County MmiRi6lfalGf Manaaer. D. The Authority shall take no action that is inconsistent with applicable general law. any applicable special act, any applicable comprehensive land use plan, any applicable land development ordinance. or any other applicable ordinance. rule or regulation adopted by the Board pursuant to Chapter 332 or 333, Florida Stalu/es, or any applicable regulation of any governmental entity that has authority to adopt regulations that are superior to Ihe Authority with respect to the specific issue. E. The legal description and a map of each of these three airports. are attached hereto and are a part hereof as Exhibits A, B, and C. SECTION FIVE. Governing Body; Membership, Appointment and Terms Of Office A. The governing body of the Authority shall be composed of seven (7) members appointed by the Board. Except when a member is appointed to fill the remainder of a vacated term, members shall be appointed to serve four (4) year terms. There are no limitations on the number of times that members of the Authority may be re-appointed to the Authority. In the event this provision conflicts with any other Collier County rule, regulation or ordinance, this provision shall prevail. Upon the expiration of a member's term of office, such member shall maintain his or her appointment until the member is either re-appointed or a successor is appointed by the Board, B. Members of the Authority may be removed with or without cause by a majority vote of the membership of the Board. Vacancies on the Authority shall be filled in the same manner as the original appointment. C. Members of the Authority shall be residents of Collier County and must have business ability and experience in one or more fields which, by way of example, may include, but are not limited to, general business, economic development, aviation, public affairs, law, finance, accounting, engineering, natural resource conservation, or related fields. There shall be at least one (1) member of the Authority appointed from Immokalee, Marco Island, and Everglades City of a qualified candidate who resides within the respective area is available tor appointment to the Authority. No person holding elected office at the sate, county or municipality level shall be appointed to, or be a member of, the Authority. D. Effective as of the beginning of each fiscal year (October 1), the Authority shall from its members elect a Chairman, Vice Chairman, and Secretary. The Secretary shall maintain custody and control of the Authority's records. The Authority may delegate the duties of Secretary to the Executive Director of the Authority or designee. E. The County's Purchasing Policy and the County's Personnel Rules and Regulations will apply to the Authority except as provided otherwise In the Authority's Administrative Code, as amended from time-to-time. F. The Clerk to the Board shall, to the extent required by law, serve as clerk to the Authority. The Authority, at its discretion, may utillze the services of the Clerk over and above the services the Clerk must perform for the Authority as a matter of law. The Authority shall annuelly budget and reimburse the Clerk as appropriate for the cosf of all services and materials supplied by the Clerk to the Authority. The Authority shall organize its own financial records to facilitate its day-to.day operations and provide financial records in such form and in s~ch Underlined text is added; .trusk tll's~!lll text is deleted 4 Agenda Item No.1 OB February 9, 2010 Page 48 of 63 manner as required by Chapter 218, Florida Statutes. and additional requirements, if any, specified in the Authority's Administrative Code. To the extent allowed by law. the Authority may, through its Administrative Code. remove itsell from fiscal and other review and approval by the Clerk to the Board. G. Other Departments of the County, including the office of the County ^ ~ffliRi"trater Manaaer. may assist the AuthOrity as requested by the Authority. The Authority shall reimburse each respective Department for the cost of services and materials supplied by that Department to the Authority, SECTION SIX. Compensation of Members. A, The members of the Authority shall receive no compensation but each shall be reimbursed expenses in accordance with the provisions of general.law, and in conformity with the Authority's budget as approved by the Board. SECTION SEVEN. Powers, Functions and Duties. A. The Authority shall be responsible for the construction, improvement. equipment, development, regulation, operation and maintenance of the airports and all related airport facilities. The day-to-day activities of the Authority, of the Executive Director, and of Authority's other employees shall not require prior approvai tram the Board or the County MmiAislf&lGf Manaaer. B. The Authority shall have no power to levy or collect ad valorem taxes unless provided otherwise in a special act of the Florida Legislature. C. The Authority has the following powers and duties: 1. Subject to and consistent with the Authority's budget, to make and execute contracts and other instruments necessary or convenient to the exercise of its powers. 2. The Authority may adopt resolutions, rules and regulations that are necessary to conduct the business of the Authority, 3. To accept gifts; to apply for and use grants or loans of money or other property from the United Stales, the State of Florida, any unit of local government, or any person for any lawful purpose; to hoid, use, sell and dispose of such monies or property for any Authority purpose in accordance with the terms of the gift, grant, loan or agreement relating thereto; and to enter into interlocal agreements as convenient to accomplish its goals. 4. To maintain an office within the County at such place or places the Authority designates. 5. Subject to prior approval of the Board. to borrow money and issue revenue bonds or anticipation certificates, warrants, notes or other evidence of indebtedness; to designate an agent of record; to sell or mortgage real or personal property, or to acceot anv oran!. 6. To adopt by resolution a schedule of rates, fees and other charges for the use of the services, airports and airport facilities to be paid by owners, tenants, or occupants of each parcel of land or the user of any facility which may be connected with or provided service, use or availability of any airport facility. The initial schedule of such rates. fees and other charges shall be those in effect at the three airports as of the effective date of this Ordinance. The Authority may from tlme-to-time revise the schedule of rates, fees and other charges. Such rates, fees, and other charges shall be adopted and revised so as to provide funds. which, with other funds available for such purposes. shall be sufficient at all times to pay the expenses of operating and maintaining the airports and airport facilities (including reimbursements to the County). to provide a margin of Underlined text Is added; "''''.Ii threyyh text Is deleted 5 Agenda Item NO.1 08 February 9,2010 Page 49 of 63 safety over and above the total amount of such payments, and to comply with covenants to bondholders. Also to provide. if applicable, reserves for the principal and interest on revenue bonds as the same may become due. The Authority shall charge and collect such rates. fees, and other charges so adopted and revised. B. To acquire by purchase, lease, gift. dedication, or devise, or otherwise, real and personal property or any estate therein for any lawiul purpose of the Authority; also to trade, sell or otherwise dispose of surplus real or surplus personal property in accordance with general law. The Authority may purchase equipment by an installment sales contract if budgeted and funds are available 10 pay the current year's installment and to pay the amounts due that year on all other installments and indebtedness. The Authority shall have no power of eminent domain except (a) in the name of the County pursuant to Chapter 74, Florida Slatutes, as authorized by the Board, or (b) except as authorized by special act of the legislature. 9. To hold, control and acquire by donation or purchase any public easements, dedications to public use, platted reservation for public purpose, or reservation for any lawful purpose of the Authority, and to use such easement, dedication or reservation for any lawful purpose of the Authority. 10. To hire employees, including the Executive Director. who shall be employees of the County and shall be subject to the County's Human Resources Policies and Procedures except to Ihe extent, if any, specifically provided otherwise in the Authority's Administrative Code. 11. To contract for professional services including, but not limited 10, planning, engineering, legal, and/or other professional services. No person engaged to provide such services shall be an employee of either the Authority or the County. 12. At the Authority's discretion, the County Attorney's office will serve as the Authority's attorney. The Authority may retain individual attorneys at law and/or law lirm(s) to serve as the Authority's attorney for some or all of the Authority's legal services, 13. To exercise all power and authority that is convenient and appropriate to accomplish any duty, responsibility, goal, plan. or purpose of the Authority as provided for in this Ordinance. D. The Authority shall have a lien upon all aircraft landing upon any airport operated by the Authority for all charges for fuel, landing fees and other fees and charges for the use of the facilities of such airport by any such aircraft. when payment of such charges and fees is not made immediately upon demand Underlined text is added; strYGk fRf910tfJR text is deleted 6 Agenda Item No. 10B February 9, 2010 Page 50 of 63 therefore to the operator or owner of the aircraft by a duly authorized employee of Ihe Authorily. The lien for the full amount of the charges and fees due to the Authority attaches to any aircraft owned or operated by the person owing such charges and fees. Such lien may be enforced as provided by law for the enforcement of warehousemen's liens in Florida. It is unlawful for any person to remove or attempt to remove any such aircraft from such airport after notice of the lien has been served upon the owner or operator thereof or after posting of such written notice upon such aircraft. Any person who removes or attempts to remove any such aircraft from the airport after service or posting of the notice of the lien as herein provided, and before payment of the amount due to the Authority for fees or charges incurred by such aircraft, shall be guilty of a criminal otfense and misdemeanor within the meaning of Section 775.08, Florida Statures, and shall be punished as provided by law. SECTION EIGHT. Annual Workshop: Budget and ARmlaI Report!!, A. The Authoritv shall schedule and conduct one (1) workshoo with the Board prior to submission of the Authoritv's tentative annual budoet reouest. For each fiscal year the Authority shall prepare ~ tentative annual budget including revenues and expenses lor the operation of the three airports during the ensuing fiscal year. The budget shall be transmitted to the County . dmiAistmter Manaaer for Board review and adoption on or before May 1, or otherwise in accordance with the County's general budget policy or general law, whichever date is earliest. Each proposed budget shall include an estimate of all planned and contingent expenditures or the Authority for the ensuing fiscal year, plus an estimate of all income to the Authority from all sources for thai fiscal year and shall include an update of the Authoritv's five-vear Strateoic Business Plan. The Board shall consider the proposed budget item by item and may either approve the budget as proposed by the Authority, or modify the same in part or in whole. The budget of the Authority shall be adopted in the same manner provided, and the times established by law for the adoption of the budget by the County. The Authority shall be responsible for the implementation of the budgel as approved by the Board. The annual budget proposed by the Authority and approved by the Board should continuously implement the Authority's five-year master plan. B. By March 151h of each year, the Authority shall submit to the Board an annual report on its activities and operations for the preceding fiscal year. including an independent financial audit. ICI. For the December March June and September calendar ouarters of each vear the Authoritv not later than forty-five (45) davs followino the end of each auarter shall deliver to the Board a ouartertv financial report includino the status of arenlS and income from sub-leases licenses and other revenue oroducino items. SECTION NINE. Administrative Code. A. The Authority shall adopt an Administrative Code that prescribes details regarding the powers. duties and functions of the officers of the Authority; the conduct of the business of the Authority; the maintenance of records and the form of other documents and records of the Authority. The Administrative Code and amendments thereto are not subject to approval of the Board or of the County "amiAistrater Manaoer. B. The Administrative Code shall organize the administration of the Authority and shall detail the duties. responsibilities, policies, rules and regulations of the Authortty as dalegated to the Authority by this Ordinance, by other ordinances. by rules and regulations of the Board, or by special act of the legislature. Unde~ined text is added; <I",el, tI1reYilR texl is deleted 7 Agenda Item No. 10B February 9, 2010 Page 51 of 63 SECTION TEN. Executive Director. A. The Authority shall have an Executive Director to serve as the Authority's chief operating officer. The Executive Director shall be hired by an affirmative vote of the membership of the Authority subject to (i) the Board aoorovina each search for an Executive Director tm the Board aoorovina the individual recommended to the Board for emolovment as Executive Director and Wi) the Board aoorovina the orooosed emDlovment aareement. Subject to the provisions of an Employment Agreement of Ihe Executive Director. the Executive Director may be terminated, with or without cause, by an affirmative vote of the membership of the Authority. B. The Executive Director shall work under the direction of the Authority. C. The Executive Director shall be the chief operating officer of the Authority. All executive and administrative responsibilities and powers specified herein shall be assigned to and vested in the Executive Director. D. The Executive Director shali: 1. Be responsible for the administration, management and operation of the airports and airport facilities. 2. Formulate and prepare recommendations regarding policies, rules and regulations, directives, programs, agreements, sub~leases, leases, contracts, and all other documents which require consideration. action, or approval of the Authority of the Board. 3. Implement all/awful directives of the Authority. 4. Prepare annual budget and the annual report for approval of the Authority and the Board. 5. Recommend employment of. direct, supervise, and recommend personnel actions regarding Authority employees in accordance with the County's Human Resources Policies and Procedures, except to the extent those Policies and Procedures do not apply to the Authority as exempted by the Authority's Administrative Code. The Executive Director shall also direct and supervise professional service providers engaged by the Authority. 6. Carry out such other powers and duties as may lawfully be assigned hy the Authority. E. The Executive Director shall be qualified by executive and administrative experience. Minimum qualifications for the Executive Director are to be specified in the Administralive Code. The compensation of the Executive Director as specified in the applicable employment Agreement shall be set by the Authority in accordance with the budget approved by the Board, and in accordance with the County's Human Resources Policies and Procedures and Procedures, except to the extent those Policies and Procedures do not apply to the Authority because of exemptions provided for in the Authority's Administrative Code. SECTION ELEVEN. Non-Interference. A. Members of the Authority may communicate with employees, officers, agents under the direct or indirect supervision of the Executive Director, Including professional service providers, for the purpose of inquiry or information, Except for purposes of inquiry or information, no member of the Authority shall give directions to or interfere with any employee, officer, agent, or with any professional services provider under any direct or indirect supervision of the Executive Director. Underlined text is added; Etrw;h tAF9wgR text is deleted 8 Agenda Item No. 10B February 9,2010 Page 52 of 63 SECTION TWELVE. Transfer of Proparty and Personnel. A. The County has leased to the Authority for the consideration of ten dollars ($10.00) all three Collier County airports and all real property improvements thereon owned by the County. Subject to passage of a special act of the Legislature authorizing same, the Board may convey the fee tiUe to each of the three airports to the Authority. Each such conveyance shall be subject to existing applicable airport use and reversionary clauses in the chain of title. and be subject to paragraph C of SECTION THIRTEEN, below. B. The County has conveyed to the Authority all personal property related to the three airports, including all personal property airport systems, equipment, and materials then under the management, direction or control of the Board. All funds received bv the Authority from sate of durable assets Durchased bv the Authoritv with funds from the County's General Fund shall be refunded bv the Authoritv to the County's General Fund. C. Any County employees transferred to the Authority shall remain County employees and be subject to the County's Human Resources Policies and Procedures, except to the extent those Policies and Procedures do not apply to the Authority because of exemptions provided for in the Authority's Administrative Code. SECTION THIRTEEN. Merger; Dissolution. A. There shall be no merger involving the Authority and any other unit of government without prior approval of the Board. B. The charter of the Authority may b e revoked and the Authority unilaterally dissolved by an Ordinance adopted by the Board. Such action by the Board dissolving the Authority shall occur subject to (aJ the legal rights of bondholders, the Executive Director, and all employees of the Authority, and (b) a dissolution plan adopted by the Board. C. Dissolution of the Authority shall automatically transfer fo the County all right, title and interests to all real and personal property deeded, leased, assigned to or otherwise conveyed by every means whatsoever to the Authority along with all other property and interests in property otherwise acquired by the Authority. Dissolution shall be subject to all contracts. other obligations and indebtedness of the Authority. SECTION FOURTEEN. Adoption of Rules and Regulations Previously Adopted by the Collier County Airport Authority. A. The Board of County Commissioners. pursuant to Section 332.08, Aorida Statutes, hereby adopts all of the following Rules and Regulations heretofore adopted by the Collier County Airport Authority ("Authority"): 1. The Collier County Airport Authority Rules and Regulations lor General Aviation Airports, Collier County, Florida, applicable to the Everglades Airport, to the Immokalee Regional Airport, and to the Marco Island Executive Airport, adopted by the Authority as revised on February 11, 2002 (17 pages). 2. The Collier County Airport Authority Minimum Standards for Commercial and Non-Commercial Aeronautical Activities at the Immokalee Regional Airport, adopted by the Authority as revised on February II, 2002 (17 pages). Underlined text Is added; .truel, t""'Y!lR text Is deleted 9 Agenda Item No. 10B February 9,2010 Page 53 of 63 3. The Collier County Airport Authority Minimum Standards for Commercial and Non-Commercial Aeronautical Activities at the Everglades Airpark, adopted by the Authority as revised on February 11, 2002 (17 pages). 4. The Collier County Airport Authorny Minimum Standards for Commercial and Non-Commercial Aeronautical Activities at the Marco Island Executive Airport, adopted by the Authority as revised on February 11, 2002 (17 pages). 5. The Collier County Airport Authority Administrative Code, adopted by the Authority as revised on February 11, 2002 (42 pages). 6. The Collier County Airport Authority Leasing Policy adopted by the Airport as revised on February 11, 2002, (19 pages). j:!. tGr. Subsection 332.08(2)(b). Florida Statutes, (authorizing enforcement of violations of such Ruies and Reguiations as a second degree mlsdemeanot) applies only to Rules and Regulations adopted by the Board. Future amendments to such Rules and Regulations may not be enforced as a misdemeanor pursuant to this Ordinance until each such respective future amendment(s) Is/are adopted by the Board pursuant to Section 332.08. Florida Statutes, which may be by adoption of a Resolution of the Board subject to the four (4) weeks public notice requirement. However, this limitation does not affect enforcement of any such future amendment(s) to any such Rule or Regulation except when the amended Rule or Regulation is to be enforced as a misdemeanor. Violation of any such future amendment not yet then adopted by the Board may be referred for enforcement to any Collier County enforcement department and/or to any outside agency or entity, for enforcement by other means. ~ ~ Every violation of any such Board adopted Rule and/or Regulation shall be a separate violation of this Ordinance. Also, every individual who, while in the presence of a law enforcement officer, either refuses to immediately obey an oral order (instruction) to leave the airport, or to move hisiher person to some other part of the airport, or who is then committing any violation of any such Rule or Regulation, or is committing a trespass anywhere in any secured area of an airport, such law enforcement officer may arrest the violator without a warrant for any such violation(s), which authority to arrest without a warrant is authorized by subsection 901.15(1). Florida Statutes. SECTION FIFTEEN. Trespass: Anywhere at Airport; Secured Areas. A. It shall be a separate violation of this Ordinance for any individual to refuse to immediately and completely Obey an oral order (instruction) to leave the airport, or to move hislher person to some other area of the airport, ff the order (instruction) is personally communicated to the individual by the Airport Manager, or if the Airport Manager is not then and there available, by any employee who at such time and place has authority to issue such an instruction. B. It is a separate violation of this Ordinance for any individual to commit a trespass into (or within) any secure area of any Collier County Airport, provided signs are posted in conspicuous areas and such signs give notice that unauthorized entry into the respective secured area constitutes a trespass, and the signs specify the means that are available for gaining euthorized access to the respective secure area. Each such violation of this Ordinance shell subject each such trespassing individual(s) to arrest by a law enforcement officer without a warrant. on or off of the airport, es specified in subsection 901.15(15), Florida Statutes. The Collier County Airport Authority is hereby euthorized to designate such secure area(s) as it deems appropriate by posting appropriate signs. Each such trespass in any secured area of an airport is an independent violation of this Ordinance irrespective of application of any Airport Authority Rule or Regulation. Underlined text is added; strUGI, t~rGu!l~ text is deleted 10 Agenda Item No. 10B February 9, 2010 Page 54 of 63 SECTION SIXTEEN. Concealed Weapons; Concealed Firearms. Any individual not then authorized by applicable law to carry a concealed firearm or a concealed weapon into the passenger terminal of the airport. or into any sterile area of any Collier County Airport shall thereby violate this Ordinance and shall violate Subsection 790.06(12), Florida Statutes. The specified penalty for such violation is not less than a misdemeanor of the second degree, as specified in that statutory subsection. "Sterile area" is defined in that Statute as "the area of the airport to which access is controlled by the inspection of persons and property in accordance with tederally approved airport security programs." However, provided such action or possession is not then prohibited by federal law, rule or regulation, that stalutory provision does not prevent an individual from carrying any legal firearm into the airport terminal provided each such firearm is then encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on an aircraft. No such "firearm or weapon" violation is a violation of this Ordinance because this field of regulation is wholly preempted to the Slate of Florida by application of Section 790.33, Florida Statutes. SECTION SEVENTEEN. Penalties; Referrals Within Collier County Government. A. General Penalties; Continuing Violations. In this Ordinance the phase "violation of this ordinance" means any of the following: 1. Doing an act that is prohibited or made or declared unlawful, or an offense. or a misdemeanor by ordinance, or by rule or regulation authorized by any Collier County ordinance. 2. Failure to perform an act that is required to be performed by any Collier County Ordinance, or by Rule or Regulation authorized by any Collier County Ordinance. 3. Failure to perform any act if the failure is declared a misdemeanor or an offense, or otherwise unlawful or a violation by any Collier County Ordinance, or by any rule or regulation authorized by Collier County Ordinance. B. In this Ordinance, the phrase "violation of this ordinance" does not include the failure of a Collier County officer or a Collier County employee, or any officer or any employee of the Collier County Airport Authority, to perform a duly or responsibility. C. Except as may otherwise be specifically provided with regard 10 the specific rule or regulation, an individual or entity convicted of a violation of any such rule or regulation, or of an independent violation of this Ordinance, may be punished by a fine not to exceed five hundred dollars ($500), and if the violator is an individual, by imprisonment in the County Jail for a term not to exceed sixty (60) days, or, if the violator is an individual, by both such fine and imprisonment. With respect to any violation of this Ordinance that is continuous with respect to time, each day the violation continues may be held by the respective forum (trier of fact) to be a separate offense or separate violation. D, Imposition of a felony penalty, or any misdemeanor penalty, or any civil penalty, does not prevent or affect possible revocation or suspension of a license, permit, contract or franchise, or affect imposition of any other civil penalties, or affect imposition of any other administrative fines, action(s) or penalties by any enforcement forum whatsoever. E. Violations of any such rule or regulation, and/or any independent violation(s) of this Ordinance, may be abated by injunctive or other equitable relief, and no bond shall be required from the County or from the Authority; Nor is Underlined text is added; stFUsh t~rSygh text is deieted 11 Agenda Item No. 10B February 9, 2010 Page 55 of 63 proof of intent or scienter required by this Ordinance. No imposition of any fine or any other penalty shall prevent any equitable relief whatsoever. F. Every alleged violation(s) of any of such rule or regulation may be referred by the Airport Authority, and/or by the Airport Authority's Executive Director, for investigation and enforcement by any Collier County Code Enforcement Board, or with respect to any vehicle tor hire, to the Collier County Public Vehicle Advisory Committee. All penalties then available to the referred to Board, Committee, or department may be applied to each respective violators). SECTION EIGHTEEN. Referral for Invesllgation or Enforcement to Outside Law Enforcement Agencies. A. Any suspected violation(s) of any of any such rule or regulation may be referred by the Airport Authority, andlor by the Airport Authority's Executive Director, to any appropriate outside law enforcement department, entity, or agency I for investigation and/or enforcement as a misdemeanor of the second degree as then punishable as such punishment is provided for in Section 775.082 or in Section 775.083. Florida Statutes. B. Any officer or other employee of the Airport authority who suspects that a violation of any such rule or regulation is occurring or is being committed, the officer or employee is authorized to immediately notify the Collier County Sheriff's Department, Office, or substation, if in that officer's or employee's judgmenl an arrest or forcible restraint may be an appropriate response to the situation. C. The Executive Director, andlor the Airport Authority, and/or the Airport Manager 01 the respective airport (or such Airport Manager's designee) may refer for investigation and enforcement any suspected violation of this Ordinance and/or any Airport Authority rule andlor regulation that may be a violation of any law, rule or regulation within the investigation and/or enforcement jurisdiction of the respective entity to which the matter is referred, whiCh may include the Federal Government or any agency or sub-part thereof. Also, such referral need not appear to be a violation of any Airport Authority rule or regulation or of any Collier County Ordinance. SECTION NINETEEN. Conflict and Severability. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutionai by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. SECTION TWENTY. Repeal of Ordinances. This Ordinence repeals and supersedes Collier County Ordinances numbered 90-29, and repeals and supersedes Ordinance No 95-67 as amended by Ordinances numbered 99-10 and 2002-28. SECTION TWENTY-ONE. InclusIon Into the Code of Laws and Ordinances. This Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish thaf result, and the word "Ordinance" may be changed to "Section," "Article," or any other appropriate word. Underlined text is added; .I'~." tRr.~llR text Is deleted 12 This Ordinance shall be effectively upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners this ~ day of .:;;l.g, _u_?J' ' 2004. ATTEST: . DWIGHT E: BROCK, Cierk 4/JJe~u~c5!-, 1M. "':4Li,.,.t .. ~ f\tjjfflliil'lf \,:il'tl,r'! Ofl"~ Approved as to form and legal sufficiency: 1/~I"" ~.tul....~. Thomas C. Palmer, Assistant County Attorney SECTION TWENTY-TWO. Agenda Item No. 10B February 9, 2010 Page 56 of 63 Effective Date. By: .O.l. . 13 Ir- ExI...., "A" Page 1 of 2 ~~CO ~~ORCS ~I:-ro..!l! Legal Oe.ellptlon No 108 Agenda Item 9 2010 February 7' f 63 I Page 5 0 .." "'" ,. ",'" ., ""' """ .., "'" ,." "' .., "" " .., H. '''''>I, II "0". '.." " "". 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'Olln, ~ · J' HI 11" v, U$.71 flU 10 A rouer, II 11' 411 J1H W, 6U.H rUr TO A 'ClINt, r J' 1S1 11'1_11, I,J14.61 'Uf TO A 'OINTt II II' OJ' DO" 'II, 1,H..1t flU ro A 'OINt, r J' J11 UOl V, 610.n flU TO'~ ,oun, · I' 11' 02" II, I,JH,7' "U fa " P'OI..T, It U' 11' Hot II, '''.61 'UT TO , 'oun, · l' S4. II"' V, 1,lU.D6 flU 10 I, 'OINTI It U' H' )1" v, U7.41 'u, UOHI 'HI 1l01llMlI"r IUIIT..."..v", .0, IUTI tDUU 'U TO TlU 'OJHT 0, 'IGIKHJHI, C:Oh'TlIHJHI 1,3"., 'UIU, KOII 01 LIII. EXHIBIT B PAGE 1 OF 2 .-- EXHUIT d Page 2 af 2 Agenda Item No. 108 February 9,2010 I Page 60 of 63 i i~~~!i~~if r.~ II miil~lh !l~~~d,!1 tIGmiiiP./lh "UmUrGln eXHIBIT B PACE 2 OF 2 r- r- Agenda Item No. lOB February 9, 2010 ( Page 61 of 63 '..,_..._.._-...~... ,e ,~:~~='=:":~~Sll~~-=--.--::-~~C~~ .. '. " . . ..-~ ", ....s:~::...::::~~.~f....,:.\:'. EXIII1HT C PAGE 1 of 2 DEED D!:SCR1PTlO~S FOH l:\'tf:CLAO!:S ^IRPOItT m 284 /),!;! 184 AND PAR~J 'C ^HEA AIHPORT A portion o( t.ract.s J,P,O, and Q, TO"'" of F.vl!t'Shdl!s 8.!1 recorded 1n Plat Book I, ~lt P<.lScs 92, ~JI und C)4, in the Public Records of Col Her County I rl(Jl'icl:1 morl! parl ieu 1at' ly described oils f0110''''5: A parcel or lanel lying south",,'estcrly of a line 250.,00 feeL northe.a.lterly and parallel oC the center lino ~f the EvorGlades Airport runway and its e"'lensfon (rom ChokoloskQC nay to Carron River, to Chokoloskee Bay on the souLhwe$ll seid cr;:ntt:.t' line described as {ollows: Commencing at the N.!::. COTner of the: N.W. k oC lhe N.W..!; oC SecLioll 23, Township 53 Sout.h, R,:)nga 29 East. Tallahassee Meridian T'own of Ever&18d~s (now CiLy) Collier Count>, Florida.. 'Thence: S89. 59' 20" W along narch Une of the N.w. ~ of N.""'..lt ot sa.id Sf!ction 23, 934.51 I="Q..!t to .& POint on the said center line of runwaYi Lh...,nee S joJ" 27' 02" E tl..tong :aaid cent.a line 1145.14' feet co an iron pipa marking eha shoreline of Chokolo..e. . Bay and being liThe Point of I3~slnnin&" Lhenc.e N 30. 271 02" hi ,~..\tong said ceneer line and its .'Lans!ons 2658.31 {Pet to an ,Jr' iron pipe marking t.he shorelire of Barron River,.end of center line description; except ehe oase 105 reee more or loss of ehe : j ..'id N.II. ~ of ehe N.II. ~ of said Sectlnn 23. Coneaining. 27.30 acres more 0:' le5::. PARKING LOT Com.~t!ncing At the N.t. corner oC I hl.l N.I..'. ~ of the N.W. .Ie o!:, Sec.tion 23, iown$h1p ~3 South, RanS\! 29 t.ost, 1"1l11atU1SSl."(: H<!ridi&:ln, Evel'"!;lades Clty, Cnllle>r CCluntr. F'lor~~I:J Lhence S 69. .59' 20" tJ 'Jiang nOrlh Una of th(; N,t.". i; of ~.W. ~ of said Section 23, 91!t.:a rae~ Lo (I pnlllt on Lhe cenLer l1n~ oC !:v<rglades Airport rU"'ay: ehonce S 30. 27 '02" E ~lon. s.:!id center line of \"umolll.)' 12.50 leeL LO ll. point; thenCe! N 50. 32' 58" E 250.M Ceot to a point on Lho norcheasterl)' bound.ry Un. oC Airport prop.r,y bdne "The POlne DC noeinnln~" thance contlnulnQ N 51). J2' 5S" E 200 (Cl)l to a poInt; tht."nca S 30. 2i' 0211 E 400 tet."t Lo D I)ulnt; Lhlo'nc'! S 59- J2' 5Sll Iv 200 Ce'L Co 0 pain" on ch. Afur.'.lrl norcheoscerl)' boUndoq' Un.: cheneo N 30. 27' 02n W alone "old north.o".rly boundary 1In. 000 roo, co eh. Point of noelnn!n. coneolning \.84 DC res mar. or l'l!ss. . . :':'~~~'~"lt:. Cl~~~;:,;:--i'~~o..~;;: "".......flt"r T. Horr thU .. e:''''''l c-." r Agenda Item No. lOB .... ", " IFe~r;alry i' ~n~ ~ . ".. _ i '.I ;; .;:! 11'~ .,. : ! I . . , 11 ~ f!' Ii ~ ! /1 ~ ElIt ~ i: s .., I ,~ II . i f . . ~I EXHIBIT PAGE 2 o~ 2 Agenda Item No. lOB February 9, 2010 Page 63 of 63 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth JUdicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2004-03 Which was adopted by the Board of County Commissioners on the 27th day of January, 2004, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 28th day of January, 2004. DWIGHT E, BROCK .'.~.,. ,,-,:,>/ Clerk of Courts and Cler~ Ex-officio to Board of .~- County CommiSBiDne s