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Agenda 03/09/2010 Item #17C Agenda Item No. 17C March 9, 2010 Page 1 of 26 EXECUTIVE SUMMARY Recommendation to adopt an ordinance amending Ordinance No. 2004-03, the Collier County Airport Authority Ordinance, for the purpose of designating the Board of County Commissioners as the governing hody of the Airport Authority. OBJECTIVE: To adopt an ordinance amending Ordinance No. 2004-03, the Collier County Airport Authority Ordinance, for the purpose of designating the Board of County Commissioners as the governing body of the Airport Authority, CONSIDERATIONS: On February 9, 2010, Agenda Item lOB, the Board of County Commissioners (Board) received a, report and draft amending ordinance identifYing the changes required to the County's Airport Authority Ordinance and/or Administrative Code in order for the Airport Authority to operate similarly to the Community Redevelopment Agency Board, Thi8 portion of the meeting's transcript is attached, After hearing the report, the Board directed that an amending ordinance be advertised for future consideration, Notable revisions to the Airport Authority Ordinance include: 1. The members of the Board are designated as the governing body of the Airport Authority. 2. The Airport Authority is authorized to create advisory boards. _....~.~ 3, The Executive Director of the Airport Authority will report directly to and serve at the pleasure of the Board. 4, The Administrative Code in existence as of the date of the adoption of the amending ordinance will remain effective to the extent that it is consistent with Collier County rules and regulations (i.e. County Manager's Ordinance, County Personnel Ordinance, Purchasing Policies, etc,) This is a companion item to the proposed ordinance creating the Airport Authority Advisory Board, FISCAL IMP ACT: Estimated cost to advertise this ordinance and the ordinance creating the Airport Authority Advisory Board is $400 which will be paid by the Airport Authority. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient-JBW. GROWTH MANAGEMENT IMP ACT: There is no growth management impact at this time. RECOMMENDATIONS: To adopt the attached ordinance amending Ordinance No. 2004-03, the Collier County Airport Authority Ordinance, for the purpose of designating the Board of County Commissioners as the governing body of the Airport Authority, ,-- PREPARED BY: Winona Stone, Assistant to the County Manager Jennifer B, White, Assistant County Attorney ~ -, -, ...." -"~'.<,._,"'", - . . ,",. ';' ",. "."" '''''".., .'.~ , ,- , -'~'""""" - ... ....6'"'.1. V.L.L Agenda Item No. 17C March 9, 2010 Page 2 of 26 "". COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date: 17C Recommendation to adopt an ordinance amending Ordinance No. 2004-03, the Collier County Airport Authority Ordinance, for the purpose of designating the Board of County Commissioners as the governing body of the Airport Authority. 319120109:00:00 AM Item Number: Item Summary: Prepared By Winona W. Stone Assistant to the County Manager Date County Managers Office County Managers Office Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 2/25/20104:16 PM Approved By Debra Brueggeman Operations Coordinator Date Airport Authority Airport Authority 2/25/20104:23 PM Approved By ,,".<0 Jennifer White Assistant County Attorney Date County Attorney County Attorney 311120107:44 AM Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Managers Office 31112010 7:23 PM ~. "~, ........ ,~ ,~_~ ~ r . ~ _~~~,~_ ~~~_ _, r.~~~ ~~,~~ o'._~'._~~. -,-,-~.- ._.,,,.,___, . ,_.-"0" ..-..-. --,,- _>o_~" ,_ " ...--~_.~-- Agenda Item No. 17C March 9, 2010 Page 3 of 26 February 9, 2010 CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: Move to approve. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Motion to approve by Commissioner Henning, second by Commissioner Fiala. Is there any other discussion? (No response.) CHAIRMAN COYLE: All in favor, please signifY by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: (Absent.) COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by -- signifYing no? (No response.) CHAIRMAN COYLE: Okay. It is approved. MS. BISHOP: Thank you. COMMISSIONER FIALA: We're almost done and we haven't even taken our morning break. MR.OCHS: Thanks, Margaret. Item #1OB A REPORT IDENTIFYING THE CHANGES REQUIRED TO THE AIRPORT AUTHORITY ORDINANCE AND/OR ADMINISTRA TIVE CODE TO RESTRUCTURE THE AIRPORT AUTHORITY TO OPERATE SIMILAR TO THE OPERATION OF THE COMMUNITY REDEVELOPMENT AGENCY BOARDS' ADVISORY COMMITTEES -APPROVED MR. OCHS: Commissioners, lOB is a recommendation to accept Page 39 _..- ---.--. Agenda Item No. 17C March 9, 2010 Page 4 of 26 February 9,2010 M._ a report identifying the changes required to the Airport Authority ordinance and/or the administrative code to restructure the Airport Authority to operate similar to the operation of the Community Redevelopment Agency Board's advisory committees. Mrs. Winona Stone, Assistant to the County Manager, will present. MS. STONE: Good morning, Chairman Coyle and Commissioners. Winona Stone, Assistant to the County Manager. Item lOB is a draft ordinance amendment on the changes required to your Airport Authority ordinance and/or administrative code to restructure the authority to separate similar to the operation of your two CRA boards' advisory committees. Last December you directed staff to immediately begin the search process for a new Airport Authority executive director. Attachment A in your packet is the recruitment plan and timeline that we're currently operating under, and Attachment B is the position's classification, specifications, listing the job duties and minimum . reqUirements. Secondly you directed staff to work with the County Attorney's Office to amend the authority's administrative code to require the authorities to submit the top three candidates to you for final approval. The County Attorney's Office has opined that the administrative code does not require a revision for that to occur. So you have that authority anyway. This executive summary includes a table listing the powers of your current Airport Authority Board as compared to those of your powers acting as Community Redevelopment Agency Board. In the draft ordinance amendment, we reflected changes that would need to occur in the ordinance. Some primary ones are that the Board of County Commissioners would serve as the governing board of the Airport Authority, that we would provide for the creation of an Airport Authority Advisory Board, and that the Airport Authority Page 40 ,,--. .-- ... ..--.-.-- .", ~<<__,. .~__ _ .....'.h._.. __M._~__.. ,...._ _...._ Agenda Item No. 17C March 9, 2010 Page 5 of 26 February 9, 2010 executive director would report directly to and serve directly under you as the Board of County Commissioners. Jennifer White, your assistant county attorney, is available to answer any specific questions you might have on the draft ordinance amendment and also, additionally, I believe Mr. Dave Gardner with the Airport Authority was appointed yesterday at their meeting to represent them during today's agenda item. So if you have any questions of me, of course I'll be glad to answer those, too. CHAIRMAN COYLE: Okay, thank you. Who was first, Commissioner Henning? COMMISSIONER FIALA: Yes. And then I was second. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: Yeah, I like the proposed draft ordinance. Thank you, Winona, very much. I think it's -- we're elected to make decisions, and this brings some of those decisions to the Board of Commissioners. So I think that's important to do so. CHAIRMAN COYLE: Okay, thank you. We have a motion by Commissioner Henning. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: And a second by Commissioner Coletta. Yes, Sue. MS. FILSON: I have two speakers. CHAIRMAN COYLE: Okay, very well. And Commissioner Fiala, you're next. COMMISSIONER FIALA: I'd like to hear the speakers first, if! may. CHAIRMAN COYLE: Okay. Turn your light back on then. COMMISSIONER FIALA: Okay. CHAIRMAN COYLE: Okay. And Commissioner Coletta, you want to wait for the speakers? COMMISSIONER COLETTA: Fine, yes, sir. CHAIRMAN COYLE: Commissioner Halas, you want to talk Page 41 .. ".- . -.... --- ,-'- -- Agenda Item No"~l.c_._ March 9, 2010 Page 6 of 26 February 9, 2010 now or later or both? COMMISSIONER HALAS: I'd like to hear the other side of the story before I make a determination what direction to go here. CHAIRMAN COYLE: Okay. Then let's hear the two speakers. MS. FILSON: Okay, Mr. Chairman. I have two speakers. The first one is David Gardner. He will be followed by Marion (sic) Courtright. MR. GARDNER: Good morning. I've been selected to represent the authority and speak to you about this, basically about the change in the authority's structure. First of all, let me talk a little bit about aviation, because I -- being a pilot, I love to talk about aviation. Airplanes are a little different than other modes of transportation. They go, they stop, they turn right, they turn left. Airplanes do all of that. They also go up and they go down. And when they go down, hopefully they go down to an airport. Now, all of us, with the exception of two of our members, are pilots. One an air transport pilot, and the rest of us general aviation pilots. We've flown at every kind of airport there is, grass, dirt, Chicago O'Hare to Everglades, for instance. So we know what airports are, what they should be. We know the good ones. We know the bad ones. And we've been -- I, particularly -- I think it's been three years -- have been trying to make our airports better than they previously were. I'll give you just a brief thing about some of our people. One is a corporate insurance and money management person. One is an engineering consultant. One is in sales in aircraft and industrial equipment. One is an air traffic management specialist. One is an agricultural equipment specialist. One a financial management consultant. Another, a construction CEO. They were appointed by you folks. We were appointed because of our expertise, of our qualifications to do what you want done as far Page 42 . -"~ . .. ,- ..,,-..-_...--_. _.. .....- ~-..~. . -- ---~.. .- - .. -_'_'~___O',_,.~...__.. .' - .. - ,.... .., ...~".--~- Agenda Item No. 17C March 9, 2010 Page 7 of 26 February 9, 2010 as making our airports better. Work with agencies. Let's put it that way. When we get to the point where, for instance, we have our taxiway -- and we want our taxiway in the worst way. We need it. You're dealing with FDOT, you're dealing with the FAA, you're dealing with probably NTSB, and other agencies, plus, of course, all the darned environmental ones that we had to contend with for seven years about alligators and so forth, and they want to talk with people who are in aviation. They don't want to talk necessarily with people who aren't. If you go to the FAA, they expect that you are somebody involved in aviation before you come in the door and talk to them and ask them for money or ask them for this, that, or the other thing. And we are in aviation. We love it, we fly it, and we're part of it. Who would replace us if we are to be made associates or anything else? Who would replace us? Would you replace us? You'd have to, because you want to make the decisions directly. You got time for that? You've got an awful lot on your plate right now handling the business of the county. Do you have the expertise in that? And who would do the groundwork? Whose resources would you take from? CHAIRMAN COYLE: Your time has expired. Could you wrap it up. MR. GARDNER: Well, just a little. CHAIRMAN COYLE: Okay. MR. GARDNER: Okay. What I'm basically saying is, we are there, we are at your service. We've -- well, look at your airports. Look at them 20 years ago. Look at them 10 years ago. Look at them today. And look at what our future plans are at Marco Island, at Immokalee. And us guys are the guys who have researched and said yes and said no and expended the taxpayers' funds, we feel, in a very responsible manner. And I think that we should be allowed and you Page 43 ._-~-- - --- _.... . .-....-..--- Agenda Item No. 17C March 9, 2010 Page 8 of 26 - February 9, 2010 ",_. should be happy that we are willing to continue to do it. Incidentally, we cost you this (indicating). Anybody that replaces us is not going to cost you this (indicating). CHAIRMAN COYLE: Thank you very much, sir. MR. GARDNER: You're welcome. MS. FILSON: The next speaker is Marvin Courtright. MR. COURTRIGHT: Good morning, Commissioners. CHAIRMAN COYLE: Good morning. MR. COURTRIGHT: My name is Marvin Courtright. I'm retired U.S. Army aviator, 50 years in aviation maintenance, 55 years in aviation flight, flight instructor, A&P, lA, DME, all of these fancy names. None of them will get me a cup of coffee today. But I want to tell you something, you've got the best Airport Authority Board right now you have ever had. They're good, they're qualified, and they're capable. And if you look back over the years -- now, I was on the Airport Authority when it was formed. This commission, not you, but in particular, appointed me to it in '83. And there's been a lot of problems and a lot of struggles. But if you go back to '02 -- pardon me -- if you go back to '02 when we had this same problem again and there was all this in-house fighting wanting to put the county in control of the airports and disband the Airport Authority -- but they came around and they kept the Airport Authority going. It was a good decision. And if you change it now, my personal opinion is, you're making a mistake. Support your Airport Authority. Don't get involved in it in the point where you're determining this and you're determining that. Let the airport -- let the county manager do his job. Let the Airport Authority do its job. Thank you. CHAIRMAN COYLE: Thank you. Commissioner Fiala? COMMISSIONER FIALA: Yes. Thank you for those speeches. Page 44 ~,~, -- -,'" .. --- ---.... ...-... ,- _ -.- ""-.---. ,.--..'- , .._~~~.",..~ 1 ~ , ...,,_.,- -,-,~~- "' ."..,.....,. ".- --~--_.....-_.- Agenda Item No. 17C March 9, 2010 Page 9 of 26 February 9,2010 You know, until we, the BCC, interrupted the smooth flow -- the smooth operation of the airports and the Airport Authority just recently, things just -- things just functioned beautifully, and our Airport Authority knew the people that they needed to communicate with, they knew what they were -- how they needed to improve our airports. And I don't feel that we should be in the business of doing that. I like the fact that they came to us when they had any concerns. I like the fact that they would tell us what they were doing and give us reports periodically so that we were updated on what was happening. But I feel, why -- why fix it if it ain't broken? And 1 just -- 1 feel less govenunent, not more. 1 just -- I just think government gets into too many things too often. I think we ought to leave it the way it is, and I do not want to see it changed. CHAIRMAN COYLE: Thank you. Commissioner Coletta? COMMISSIONER COLETTA: Yes. Well, there's all different perspectives to look at this, and one -- one of the most perfect examples of a government operation that you could ever find is the CRA that we have, both of the CRAs, especially the one at Bayshore, who operates flawlessly with a tremendous advisory board, and the one in lmmokalee equally so. Those advisements are sent on to the Collier County Commission at a regular public meeting, and probably 99.9 percent of everything that is passed on is approved at the commission, but it's a form that the public can weigh in at whatever time. We're not replacing any advisory board. I mean, I hope no one chooses to leave. But if you look at the record for the CRAs, both in lmmokalee and Bayshore, you're going to find that they serve a tremendous valued purpose, their expertise is greatly valued, just as yours is. And I hope that if this goes forward as the motion has been made and is seconded, that every one of you stay on and become even Page 45 Agenda Item No. 17C.. March 9, 2010 Page 10 of 26 ",.. February 9, 2010 _.c'__ more involved as we go through the process. We are elected to be the overseers of everything that takes place. We're supposed to be the final say that's there. The amount of time that's going to lapse between what you're doing now and what we're doing is negligible. Meetings take place every two weeks, and if we ever had an emergency issue, we could call a special meeting, we've done it before, or we use one of our other meetings we have to be able to bring that issue forward. So I fail to see how this wouldn't be a better benefit to the public. CHAIRMAN COYLE: Thank you, Commissioner Coletta. Commissioner Halas? COMMISSIONER HALAS: I have to go along with Commissioner Fiala. I don't think we -- government needs to get involved in this. There's only one of us on this board that knows all the principles of aviation, and I have a problem with micromanaging. And I think they've done a good job. They being the Airport Authority. And they've always come to us if they've ever had a problem, and we can address emergency issues with the Airport Authority, and I feel that if it isn't broke, don't fix it, and I don't think it's broke. I think they did an outstanding job, and that's where I stay on this thing is -- stand on this is that I appreciate all the time and effort that people who've been in the military aviation, commercial aviation, all their time and effort that they spend on this, along with all the background people that are involved in this, whether they're in business as far as accountants, bankers, or whatever else, they seem to have done a good job for us in the past, and I wish them well, and I hope that we can just leave well enough alone. Thank you. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: Well, Commissioner Coletta pretty much straightened out the misstatements that were made here today. You know, the -- I'm glad we have so much experience on there and the vested interests. I think it's good to get advisor--- Page 46 ". ..-.- _.. . . "--' -.".. - ---.-....,., --... --.-.__ --we _.'_h~"__' _ "',_'0'___' ...~, ~__ U"_ Agenda Item No. 17C March 9, 2010 Page 11 of 26 February 9, 2010 advisory opinions from people who have vested interests, but we need to do what's right for the community. I am interested in economic development, and our airports are very much a part of that. And I think the taxpayers elected me to be the oversight of tax dollars. Collier County has done very well in receiving tax-dollar grants, and those issues need to be decided here. So I'm very much supportive of the amendment. CHAIRMAN COYLE: Okay, thank you. I may as well weigh in on this. I don't understand how you developed -- and to the members of the Airport Authority -- developed the opinion that we don't appreciate what you do. You've done a wonderful job. That's not the point of any ofthis. One of the -- I guess the thing that exemplifies the interest in making a change is the reporting relationship for the director of the airports. That director is our employee, but the way it's set up is that the Airport Authority can terminate that employee for cause on its own authority. What other organization do we have here where a board can terminate one of our employees without our consent? That's -- it's just illogical, and I would be willing to bet that none of the board members with aviation experience has ever worked in an organization that does that. It is not that we don't value your expertise. And it puzzles me why you would even imply that you would not serve unless you have that kind of authority . You serve because, I think, you want to make the airports better, and that's what an advisory board does. The advisory boards in Immokalee and here in this area, the mini triangle and the adjacent area have done a wonderful job of getting those community redevelopment areas moving forward, but they don't have authority to hire and fire our employees. Without those advisory board members, we wouldn't be as far ahead as we are, and without you, we wouldn't be as far ahead as we Page 47 -.---..-..... . ..R" Agenda Item No. 17C March 9, 2010 Page 12 of 26 - February 9, 2010 << are. And why on earth would you think about not serving when we want to make a structural change that makes the reporting relationships a little more sensible? So I apologize, number one, if you've developed the idea that we don't appreciate what you do. It has nothing to do with that. And we sincerely hope -- however this motion goes, we sincerely hope that you'll continue to serve the airports of Collier County. As a pilot for over SO years, I also want to make sure that the airports are preserved and that they're expanded and that they're made better for the public. And I don't want to lose any of you from the airport because ofa structural change in the organization. We still need your expertise and your involvement. And we have proof that it works very, very well in other areas of our community. So with that, is there any other discussion? (No response.) CHAIRMAN COYLE: Then I'm going to call the question. All in favor of the motion to accept the change in the ordinance as proposed and outlined by the county attorney, please signify by -- does somebody want to say something more? MS. STONE: Commissioner Coyle, I believe you need to advertise us to advertise the ordinance to come back to you. CHAIRMAN COYLE: Okay. MS. STONE: It's not going to be complete today. We have to come back with it and advertise it for the public to be able to comment. CHAIRMAN COYLE: Well, I think Commissioner Henning's motion was to support the recommendation and the recommended ordinance. COMMISSIONER HENNING: We're okay. CHAIRMAN COYLE: So that's what we were going to vote on. MS. STONE: Yes, sir. CHAIRMAN COYLE: Okay. Did we have anything more? J-" Page 48 __,______._u. ,--.--." . .- ~ .- ,.,.~._--_.-. _m.__ " _~"..,",_ ,_",<","_",''''"~''_'..'_' - -'._- ",...-.-. - ,. .~~ -_. Agenda Item No. 17C March 9, 2010 Page 13 of 26 February 9, 2010 MR. KLATZKOW: You're good. We understand. CHAIRMAN COYLE: Okay. All in favor, please signify by . saymg aye. Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed by like sign? COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Okay. It passes 3-2, with Commissioner Halas and Commissioner Fiala dissenting. MS. STONE: Thank you, Commissioners. CHAIRMAN COYLE: Thank you very much. MR.OCHS: Mr. Chairman, I've been advised by Reverend Peck, who was your public petitioner under 6A, that she is here. She apologized for arriving late. So that item could be heard at the board's discretion, whenever you'd like, sir. Item #10C THE DEPARTMENT OF HOUSING AND HUMAN SERVICES TO WORK WITH THE COlJNTY ATTORNEY TO TAKE ALL EFFORTS TO RECAPTURE U.S. HOUSING AND URBAN DEVELOPMENT (HUD) GRANT FUNDING PROVIDED TO THE COLLIER COUNTY HOUSING DEVELOPMENT CORPORA TION(CCHDC) NOW KNOWN AS THE HOUSING DEVELOPMENT CORPORATION OF SOUTHWEST FLORIDA (HDCSWFL) INCLUDING FlUNG A LAWSUIT IN THE 20TH JUDICIAL CIRCUIT IF NECESSARY FOR FAILURE TO COMPL Y WITH THE GRANT AGREEMENT TO DEVELOP CIRRUS POINTE AND TO SEEK DIRECTION ON WHETHER Page 49 -."-.. . - ~ ,A.~da Item No. 17C March 9, 2010 Page 14 of 26 ORDINANCE NO. 2010- .-., 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, "GOVERNING BODY; MEMBERSmp; APPOINTMENT AND TERMS OF OFFICE;" SECTION SIX, "COMPENSATION OF MEMBERS;" SECTION SEVEN, "POWERS, FUNCTIONS AND DUTIES;" SECTION EIGHT, "ANNUAL WORKSHOP; BUDGET AND REPORTS;" SECTION NINE, "ADMINISTRATIVE CODE;" SECTION TEN, "EXECUTIVE DIRECTOR;" SECTION ELEVEN, "NON-INTERFERENCE;" AND SECTION FOURTEEN, "ADOPTION OF RULES AND REGULATIONS PREVIOUSLY ADOPTED BY THE COLLIER COUNTY AIRPORT AUTHORITY;" IN ORDER FOR THE BOARD OF COUNTY COMMISSIONERS TO SERVE AS THE GOVERNING BOARD OF THE COLLIER COUNTY AIRPORT AUTHORITY, AND PROVIDE THAT THE AIRPORT AUTHORITY EXECUTIVE DIRECTOR REPORT TO AND SERVE DIRECTLY UNDER THE BOARD OF COUNTY COMMISSIONERS ACTING AS THE AIRPORT AUTHORITY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 332, Florida Statutes, authorizes Collier County to acquire, establish, construct, enlarge, improve, maintain, equip, operate, and regulate County airports and other navigation facilities; and WHEREAS, Section 332.08, Florida Statutes, authorizes Collier County to vest authority for the 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 and 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 1 of 12 - Words underljned are added; Words ~ are deleted. ,-...-..- ~,.,--... .... " - .._,.._" - . "-'.". , ..... 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 to adopt all policies and procedures of the Airport Authority, to include the Administrative Code, in 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, that: SECTION ONE: AMENDMENTS TO SECTION 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 context clearly requires otherwise: . . . "Authority" means the Collier County Airport Authority oreate4-by Cffliinanoe No. 93-36 and . ~'Gre' oontmu llS manoe. . . . 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. r.. 'Ffle-.Boar-d, Oft JlIfie 22, 1993,b)' eftaotment~lier County OFdinaHee No. 93 36, created a seven member ~lHe<l as the ColJier Count)' Airp&Fl Authority, Page 2 of 12 Words ynderlined are added; Words ~ are deleted. A enda Item No. 17C March ,2 1 Page 16 of 26 ,,- B b". 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. 'Fhe Affiftority is not a "aepBflu..lftt" 1IfIder GeIIier Ca~nllflee Ne. 84-44, as amelllieEb--Neither the lHllhe~e I'..atberity's Exeeutive 9ireeter, lIer other 'c"uJlleyees et:tbe . B }!. 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 ordin~llce, rule or regulation adopted by the Board pursuant to Chapters 332 or 333, Florida Statutes, or any applicable regulation of any governmental entity that has authority to adopt regulations that are superior to the Authority with respect to the specific issue. E Q. 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. The legal description and maps may be amended by Resolution of the Airport Authority. SECTION THREE: AMENDMENTS TO SECTION FIVE OF ORDINANCE NO. 2004-03, AS AMENDED. Section Five of Ordinance No. 2004-03, as amended, is hereby amended as follows: .-. SECTION FIVE. Governing Body; Membership; Appointment and Terms of Office A. 'Ffte-geve....:ilg4!eEly of-the Atllho~e ec...,.lOsed-ef Se-yell (+) members and ene fl7-eItemate member llJlIleinteEl-by tbe--Beard. The aIte...ate frl3mber shall sot aBly in the abseftee, ar ~fiolltian, of II regular me...ber. EKllejlt-whell II member is aweiflletl4e-fiH the remainder of a vaclHeEl-term, mambers shaH-be llJlIleinte6-te serve fellF year remlS. 'Fhere are IlO limitations Oll the _ber of-times that members of -the t.uthority may be re IIpjlointeti-te tm f~utfieflt)". l:a--t:he eveat-4his pro"lision 00nfliets vlith a:e.y other GeHier COmKy rnle; regalatiOll or ofdinRIl09, this-pro',isien s!laHilre'IlIih--Ypen the eKjliretion of II member's teffil of amee, such member shall maifttaiR his or her appeifltment 1IIlliI-the member is either re . " B. Members o~e .:\uthority may be removed-with or .."Athout eawe by a majerity yote Of the mWlbers~oard. Vllll_ies Oil ilie Autheri~ in the same mar.ner as the originlll-appeintmem, C. Mambefs of-tbe Autl:writy.-sftaH-be resideftts ef~or COwRy lHld m"",t--ftllVe bllSmes9 aBH-ity an~rieaoe in one or more Hekls \\'hieft;-by way of example, may iB0~ are flOt limlted-to, gelleriH-busiaess, eoeaomic de'lel&pment, a''1iatioft, J*i!'>lio affairs, Ill'll, fiaanoe, llOeolllltiflg, engineering, natura! r"somoa oenservatiell, sr ralllleEl-4iel6s. 1=here shall-be at-leas! . . Page 3 of]2 -- Words !!Dderline<j are added; Words 5lI'IIeIHhfeygf are deleted. -".. ---." '~-"-~'-'-"'-'-"- ......_,,--~ ,_._-,.,-' March 9, 2010 Page 17 of 26 Gity of 11 qttaIifieEI oanW4ete woo resides vfi.thin the respeetive area is &yB::iJ.aele-fer appoifttmem. ., . sftaIHle IlppointeEko, or be a member of,tfte A\lthority, A. The Soard of County COlIU1)issioners hereby declares itself to be the Collier County Airport Authority. J;) !!' Effective as of the beginning of each fiscal year (October 1), the Authority shall from its members elect a chairman and vice chairman. . seeretary te-the eKeelitive GiIeetor ot:-lhe 1^.lilfterity or ElesigBee. If an election does not occur, the chairman and vice-chrJrman of the Board of County Conunissioners will hold those sam.~ positions on the Airport Authority governing board. Ii; C. 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. f1 D. 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 services of the Clerk over and above the services the Clerk must perform for the Authority as a matter of 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's Administrative 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 the Board. G E. Other 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 the cost of services and materials supplied by that department to the Authority . SECTION FOUR: AMENDMENTS 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 . Page 4 of 12 Words underlined are added; Words ~ are deleted. Agenda Item No. 17C March 9, 2010 Page 18 of 26 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 airports and all related airport facilities. The day-to-day activities . ,of the Executive Director; and of the Authority's other employees shall not require prior approval from the Board. Authority, or the County Manager. 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 States, the State of Florida, any unit of local government, or any person for any lawful purpose; to hold, 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. , 10 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 accept any grant. 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-time revise the schedule of rates, fees PageS ofl2 Words underlined are added: Words slf\IeIE-Ihroogh are deleted. ------ - - '.,'"." .... -,,,,.,,,"'.....-- ..->^........- "'.._".~..~_.- __HA~enda It m No. 17C March 9, 2010 Page 19 of 26 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, to or from any person, firm, corporation, association, or body, public or private, any airport facility or airport property of any nature for the use of the Authority to carry out any purpose of the Authority. To grant easements, licenses and use agreements at each airport, ~ lease wheril the J\uthority is the sulHessor, !lfta each grant-ef any sHeh easemenl;-lieense . . lease, license, easement, use agreement or other agreemcnt or document '",ill conlfel use or oceupaacy of real~or a teffR greater then five (.$-) years, iBollidiBg .'"ery aptian to reRe\\' or e)(tead--tMl-term. 8. To acquire by purchase, lease, gift, dedication, or devise, or otherwise, real and personal property or any esta'e therein for a',1V lav/ful 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 to 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 Lame "f the county pursuant to Chapter 74, Florida Statlltes, as authorized b) the Board, or (b) excep: as authorized by special act of the Legislature. 9. To hold, control and acquire oy (hnati'jJ) 0r purchas,~ any puhlic easements, dedications to public lise, platted reservation for pubiic purpose, (,r reservation for any lawful purpose of the Authority, and 10 llse such easement, Jdication or reservation for any lawful purpose of the Authority. 10. To hire " is the Executive Director, who shall be illl employees of the County and shaH be subject to the County's Human 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 shaH be an employee of either the Authority or the County. 12, At the Authority's discretion, the County Attorney's oftice will serve as the Authority's attorney. The Authority may retain individual attorneys at law and/or law Page 6 of 12 Words underline~ are added; Words stnlck thretiglt are deteted. Aqenda Item No. 17C March 9, 2010 Page 20 of 26 ~ fllll1(s) to serve as the Authority's attorney for some or all of the Authority's legal . semccs. 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 advisory boardW by 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 therefore to the operator or owner of the aircraft by a duly authorized employee of the Authority. 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 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: SECTION EIGHT. Annual workshop; budget and reports. A. The ~ Executive Director shall schedule and conduct one (I) workshop with the Board Authority prior to submission of the ~ Executive Director's tentative annual budget request. For each fiscal year the ~ 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 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 of the Authority for the ensuing fiscal year, plus an estimate of all income to the Authority from all sources for that fiscal year and shall include an update of the Authority's five-year strategic 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 budget Page 7 of 12 _..,-~, Words ynderlined are added; Words ~ are deteled. Agenda Item No. 17C March 9, 2010 Page 21 of 26 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 15th of each year, the ~ Executive Director shall submit to the board an annual report on its ai1]!Qrt 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 B9&1'd Authority a quarterly financial report including the status of grants and income from sub-leases, licenses, and other revenue producing items. SECTION SEVEN: AMENDMENTS TO SECTION NINE OF ORDINANCE NO. 2004-03, AS AMENDED. Section Nine of Ordinance No. 2004-03, as amended, is hereby amended as follows: SECTION NINE. Administrative Code. A. The Authority sft&H may adopt an Administrative Code by ResolutionU} 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. +he Administrative Gede!lflQ IHMndments-therete are not~ 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. C. The Administrative Code in existence as of the date of this Ordinance amendment is effective only to the extent th~t it is consistent with Collier County rules and regyll}tions and this Ordinance. SECI'ION EIGHT: AMENDMENTS TO SECTION TEN OF ORDINANCE NO. 2004- 03, AS AMENDED. Section Ten of Ordinance No. 2004-03, as amended, is hereby amended as follows: SECTION TEN. Executive Director. A. The Authority sft&H may 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 Page 8 of 12 Words ~ are added; Words ~ are deleted. Agendaltem IIJ.Q-.J 7C March 9, 2010 Page 22 of 26 , . . Subject to the provisions of an Employment Agreement of the 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 shall: 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. 3. Implement all lawful 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 by 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 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 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. Page 9 of 12 -- Words ~r1i1)el! are added; Words ~ are deleted. Agenda Item No. 17C March 9, 2010 Page 23 of 26 SECTION NINE: AMENDMENTS TO SECTION ELEVEN OF ORDINANCE NO. 2004-03, AS AMENDED. Section Eleven of Ordinance No. 2004-03, as amended, 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 Ordinance),Mmembers 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. SECTION TEN: AMENDMENTS TO SECTION FOURTEEN OF ORDINANCE NO. 2004-01, AS AMENDED. Section Fourteen of Ordinance 1'\0. 2004-0 I, ns 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 CDunty, Florida, applicable to the Everglades Airport, to the Immokalee Regional Airport, and to the Marco Island Executive Airpo!'t, adopted by the Authority as revised on Felmlar~2-f++page5) February j, 2002. 2. The Collier County Airpert .^.uthority-Minimum StandafOO-for Commercial and Non Corom 3. The Collier County Airpert Authority Minimum StlIDdard~Commeroial and Non Commeroial Aeronautioal ,^.clWities aHhe Everglades Airpark, Aiithority as revised on Mlbruury 11,-:w@fP-j3flges). <1. The Collier COlllily f.irpert Aulhority-Minimum ~r Commercial and Non Commercial AeronautWal ACIMlies at-the MtH'oo Wand-Executive l\irpei't;- , Page 10 of 12 Words underlined are added; Words ~ are deleted. March 9, 2010 Page 24 of 26 ,~" 2. Minimum Standards for Commercial Airport Aeronautical Activity and Service Providers at the Collier C01U1ty Airports, as revised on November 14, 2005 ~ 1. The Collier County Airport Authority Administrative Code, adopted by the Authority as revised on &!gust 9. 2004. e 4. The Collier County Airport Authority Leasing Policy adopted by the Airport Authority as revised on February 11, 2002~. B. Subsection 332.08(2)(b), Florida Statutes, (authorizing enforcement of violations of such RuJes and Regulations as a second degree misdemeanor) applies only to Rules and Regulations adopted by the Board. Future amendments to such RuJes 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 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 andlor to any outside agency or entity, for enforcement by other means. ., C. Every violation of any such Board adopted Rule andlor 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 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. 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-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION TWELVE: 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 the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be Page II ofl2 - Words ~ are added; Words ~are deleted. --- - .._-'_._-_.~- ---_."---'- - '--___ H' ";__. "' ,,~_. .'- .".."._--", ~,---._- .---.- Agenda Item No. 17C March 9, 2010 Page 25 of 26 deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION TmRTEEN: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2010. ATTEST: DWIGHT E, BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: \)V)L--- )~t, Jennifer B. White Assistant County Attorney Page 12 of 12 Words underlined are added; Words ~ are deteted. ,'''.'' Naples Dany News. Friday, FebnaaryZ6, 2010 · 23D -::::::::~~,,~_._~ v .~_.~, ,_,_~_~________~,____.__" .. '-~'"-'-"'--'-- _.___._,,',,'..____'-^ ",_.^~..'.~_^__~,_,,_._...,_.. ~. ",,'~,"'....~...^.,.H_.__^ "~._,""'-"_'__,",,,_ ~....w_,______^_~~,..~~......._.~__.,...V~.'_'~"_'^~M'_N~',"'~ ~,_"u~,__",,_~'~" ' -. ... . ,.. ......- ., .. ,.~-... '7~.2-" " NOTICE OF INTENT TO CONSIDER ORDINANCES . Notice Is hereby 9iven that on Tuesday, March 9, 2010, in the Boardroom, 3rd Floor, Administration, Building, Collier County Government Center. 3301 East Ta. miami Trail, Naples, Florida, the Board of County' Commissioners will consider the enactment of a County ordinances. The meeting will commence at 9:00 A.M. The titles of the proposed Ordinances are as follows: ' . . .- , ' AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLliER COUN-, TY, FLORIDA, AMENDING ORDINANCE NO. 2004-03, ,KNOWN 1>5 THE COLliER COUNTY AIRPORT AUTHORITY ORDINANCE, BY AMENDING SECTION. THREE, "DEF. INITIONS:" SECTION FOUR, "CONTINUANCE OF AUTHORITY; AIRPORT BOUNDA- RIES:" SECTION FIVE, "GOVERNING BODY; MEMBERSHIP;, APPOINTMENT, AND TERMS OF OFFICE;" SECTION SIX, "COMPENSATION OF MEMBERS:". SECTION SEV- EN, "POWERS, FUNCTIONS ANO DUTIES;" SECTION EIGHT, "ANNUAL WORKSHOP; BUDGET AND REPORTS," SECTION NINE, "ADMINISTRATIVE COOE," SECTION TEN, "EXECUTIVE DIRECTOR:" SECTION ELEVEN, "NON-INTERFERENCE' AND SECTION FOURTEEN, ,"ADOPTION OF RULES AND REGULATIONS PREVIOUSCY ADOPTED BY THE COLliER COUNTY AIRPORT AUTHORITY;" IN ORDER FOR THE' BOARD OF COUNTY COMMIS~IONERS TO SERVE 1>5 THE GOVERNING BOARD OF THE COLliER COUNTY AIRPORT AUTHORITY, AND PROVIOE'THAT THE AIRPORT' AUTHORITY EX- ECUTIVE DIRECTOR REPORT TO ANO SERVE DIRECTLY UNDER THE BOARD OF COUNTY COMMISSIONERS ACTING AS THE AIRPORT AUTHORITY: PROVIOING FOR "CONfllCT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES, AND PROVIDING FQR AN EFFECTIVE DATE. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS' OF COLtiER COUN- TY, FLORIOA, CREATING THE AIRPORT AUTHORiTY ADVISORY BOARD: PROVIDING, ,FOR CREATION; PROVIDING FUNCTIONS, POWERS AND DUTIES; PROVIDING ,FOR APPOINTMENT AND COMPOSITION, TERMS OF OFFICE. ATTENDANCE AND FILLING' OF VACANCIES: PROVIDING FOR REMOVAL FROM OFFICE FOR FAILURE TO ATTEND MEETINGS: PROVIDING FOR OFFICERS, QUORUM AND RULES OF PROCEDURE: PRO- VIDING FOR INCLUSION IN ,CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABiliTY: AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinances are on file with the Clerk to the Board and are available for inspection. All interested parties are invlt~d to attend and be heard. NOTE: All persons wishing.to speak on any agenda. item must register with tl1e County administrator .rrior 'to presentation of the agenda item to be addressed. Individual speakers wi! be limited to.5 minutes on any item. The selection of an in- dividual to speak on behalf of an organization or group ,is encouraged. Ifrecog." nized by the Chainnan, a spokesperson for a group or organization may be allotted . 10. minutes to speak on an item. Persons wishing to have written or graphic materials induded in the Board agenda packets must submit said material a minimum of 3 weeks prior to the,'fespective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven da~ prior to the public hearing. 'All material used in presentations before the, Board will become a permanent part of the record. ' . ' '. , :'\ Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure'that a verbatim record of. the proceedings i~ made, which record indu.des the testimony and evi- dence upon which the appeallS based. . If you are a person with a disability who needs any accommodation in order to par- tiCIpate in thjs proceeding; you are entitled, at no, cost to you, to'the provision of certain assistance. Please contact the Collier Cou~ty Facilities Mahagemeot Depart- ment, located at 330.1 Tamiami'Trail East. Building W, Naples; Florida 34112, (239) 2S2-83BO. Assisted listening devices for the hearing impaired are available ,in the County Commissioners' Office. , . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy' Clerk ..llbruary 26 2010 - ~ . " . " ,,_.. ."'d'_ ..... __._.____.~ -~-~-' . " . . " I . i, , I I , , '" " 'I I' " .II " ,I , , I ! Agenda Item No. 17C March 9, 2010 Page 26 of 26