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Agenda 12/14/2010 Item #14C Agenda ttem No. 14C December 14, 2010 Page 1 of 17 EXECUTIVE SUMMARY Recommendation to approve the price structure for the Immokalee Airport proposed by the Airport Executive Director pursuant to the authority delegated in Ordinance 10-10 and the Airport Administrative Code and apply said structure to Cross Country Soaring. OBJECTIVE: That the Board of County Commissioners (BCC) approve the rental price structure for the Immokalee Airport proposed by the Airport Executive Director pursuant to the authority delegated in Ordinance 10-10 and the Airport Administrative Code and apply said structure to Cross Country Soaring. CONSIDERATIONS: On Public Petition, November 9,2010, Agenda Item 9B, Dr. Dylan Caldwell requested that the Board of County Commissioners, acting as the Airport Authority, approve Cross Country Soaring's winch launch operation at the Immokalee Regional Airport this winter. Cross Country Soaring is a for profit business. As such, the Airport Authority's Executive Director has stipulated that Cross Country should pay the Authority for the use of airport facilities and or services. The rate schedule presently in effect does not address Non-Commercial/Non-Based Aviation operations. Consistent with other concessionaire fee agreements currently in effect, the Executive Director recommended that Cross Country Soaring pay a fee of fifteen percent (15%) of gross receipts, in addition to the established published rate for the use of additional facilities or services. After careful consideration, the Executive Director recommends amending the fee of (15%) to (10%) of gross receipts for Non-Commercial/Non-Based Aviation. The Airport Authority's Administrative Code, adopted August 9, 2004, and as amended May 8, 2006, authorizes the Authority's Executive Director to set rates and fees to the estimated fair market value on products, service and agreements with terms up to and including one (1) year in length. This includes month-to-month, daily and one-time use fees for the use of the airports, services and/or facilities. Ordinance 2010-10, section Five (A), provides that the Executive Director is responsible for the day to day activities of the Airports. Section Five (C) provides that the Authority has the power to adopt by resolution a schedule of rates, fees, and other charges. The Executive Director will return to the Board to approve a comprehensive fee policy by Resolution in January 2011. Ordinance 2010-10, Section Seven (B), states the Administrative Code shall organize the administration of the Authority and shall detail the duties, responsibilities, policies, rules and regulations of the Authority.... Section Seven C of Ordinance 2010-10, states that the Administrative Code in existence as of the date of the Ordinance is effective to the extent that it is consistent with Collier County rules and regulations and this Ordinance. - FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. Agenda Item No. 14C December 14, 2010 Page 2 of 17 GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with the Executive Summary. ADVISORY BOARD RECOMMENDATION: At the November 8, 2010 meeting, the Airport Advisory Board specified that Cross Country Soaring should be permitted to operate at the Immokalee Regional Airport this winter without making a recommendation on the amount the Authority should charge for this operation. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office and is legally sufficient for Board action. - CMG RECOMMENDATION: That the Board of County Commissioners approves the rental price structure for the Immokalee Airport proposed by the Airport Executive Director pursuant to the authority delegated in Ordinance 10-10 and the Airport Administrative Code and apply said structure to Cross Country Soaring. PREPARED BY: Chris Curry, Executive Director, Airport Authority Agenda Item No. 14C December 14, 2010 Page 3 of 17 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 14C Recommendation to approve the price structure for the Immokalee Airport proposed by the Airport Executive Director pursuant to the authority delegated in Ordinance 10-10 and the Airport Administrative Code and apply said structure to Cross Country Soaring. 12/14/20109:00:00 AM Meeting Date: Approved By Colleen Greene Assistant County Attorney Date County Attorney County Attorney 11/30/20104:30 PM Approved By Jetl Klatzkow County Attorney Date 11/30/20104:48 PM Approved By Chris Curry Executive Director Date Airport Authority 12/1/20108:44 AM Approved By OMS Coordinator Date County Manager's Office Office of Management & Budget 12/1/20104:04 PM Approved By Randy Greenwald Management/Budget Analyst Date Office of Management & Office of Management 8. Budget 12/1/20104:55 PM Budget Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Managers Office 12/5/201012:26 PM Agenda Item No. 14C December 14, 2010 Page 4 of 17 ~ Collier County Airport Authority Administrative Code 600 Fiscal Matters Effective Date: 5/08/06 631 Revenues Revised Date: -",-,' Chairman Review and Approve: Attorney's Review and Approve: . - PURPOSE; Policy regarding guidelines used to set rates and fees for the receipt of revenues associated with the use of airport land, facilities and services to be paid by airport users, tenants, licensees or occupants for terms less than one (I) year (365 days). LEGAL CONSIDERATION: Ordinance No. 2004-3 --- POLlCY; This policy authorizes the Executive Director to set rates and fees to the estimated fair market value on products, services, and agreements with terms up to and including one (I) year in length. These include month-to-month, daily and one time use fees for the use of the airports services and/or facilities. The rates and fees will be established with the goal of consistently maintaining fair market value of the Airports products, services, and facilities. Agreements entered into for a period of greater than one (I) year will be negotiated on a case-by- case basis and approved by the Airport Authority Board. This policy is not all-inclusive and, where exclusions exist, application of the Airport Leasing Policy or industry practices shall be applied on a case-by-case basis for terms of 365 davs or less. ,. '- .-"..-' ~021;>2.~? Agenda Item No. 14C C'I,,'O' ''''." Decem~r 14, 2~ /l ~~~ ~~ -;,,- '~:',5~ .,,/ ::; ~\'&.~\\<0 tj ~" ; ',0) " ~,~ ."... .~..-,,,'.:\ ~ /" .~,_\(\ <;. . ~~ N ORDINANCE NO. 2010. 10 \'" '.~':. \:) '0.- W ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS O~\\ ~\ .<~_ 6'~(9SHl,VC LLIER COUNTY. FLORIDA, AMENDING ORDINANCE NO. 2004-03, <;,.~;\::." KNOWN AS THE COLLIER COUNTY AIRPORT. AUTHORITY '<,~.~ ORDINANCE, BY AMENDING SECTION THREE, "DEFINITIONS;" " SECTION FOUR, "CONTINUANCE OF AUTHORITYj AIRPORT BOUNDARIESj" SECTION FIVE. "GOVERNING BODYj MEMBERSHIPj APPOINTMENT AND TERMS OF OFFICE;" SECTION SIX, "COMPENSATION OF MEMBERSj" SECTION SEVEN, "POWERS, FUNCTIONS AND DUTIESj" SECTION EIGHT, "ANNUAL WORKSHOPj BUDGET ANn REPORTSj" SECTION NINE, "ADMINISTRATIVE CODEj" SECTION TEN, "EXECUTIVE DlRECTORj" SECTION ELEVEN, "NON-INTERFERENCEj" AND SECTION FOURTEEN, "ADOPTION OF RULES AND REGULATIONS PREVIOUSL Y 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 AUTHORITYj PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDlNANCESj 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 sllch officer, board or body; and WHEREAS, the governing body ufthe 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 underlined are added; Words slFIlel, through are deleted. .- Agenda Item No. 14C December 14, 2010 Page 6 of 17 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 ereated ey Ordillanee No. 93 3fi 1IIll! contiHued by 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, A. The Beard, all lUBe 22, 1993, by enaetm@flt ef Collier Coant)' OrdillBlloe No. 93 3fi, created a seven member body uesignated as the Callier Cmnlly ,A,irpor( :\lftRerity. Page 2 of 12 Words underlined are added; Words sIR'Ek tlireugR are deleted. Agenda Item No. 14C December 14, 2010 Page 7 of 17 g 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, Tile :\lltllsrity is HSt a "e1ellartRlent" Hilder Collier COUllt)' OrdiHlHlee No. 81 11, as amended. Neither the authority, tlls ,A.lltllerity's eJCeclltive Directar, nor other elflllleyees sf the Authority are ~lRaer maRagernent af the County Manager. g 8, 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 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. g C. The legal description and a map of each of these three airports are attached hereto and are a part hereof as Exhibits A, Band C. The legal description and maps mav 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 .^.. Tlte geverniRg BEla)' Elf tlte ,^.uthority shall be compElsed of SeyeR (7) members ami SRe (1) allemate memser allpsiRted by the Bsara. Tlte allemate melflBer sliall act only in tae aeseaee, lir aisElllaliiieatioA, sf a regular member. B)(eept 'NheR a l'flelflBer is appoimed to fill the remainder of a vacated term, mcmbem sliall se ElJlpoiHled ts serve four year terms. There are RO limitations on the namber of times that memBers oftlie .^.llthority may se re !lflpailllSd ts the f.uthority, In the e'lent this previsian eOHfliets '",.ith aay other Callier CallAty rille, reglllatisn Sf anlinance, this PfO'lision shall13reyail. UJ301l the eJ{piratisH af a memBer's term of office, stich Iflsmbcr shall mainlaia his or her appoiRlment llnlil the memBer is eitlier re appoiatea sr a sucoeS5or is appoiHted by the Board. B. Membcrs of the i\uthority may be relllOY8a with or without cause by a majority vote of the membership o[the Hoard. Vllcancies on the i\uthority shall be filled in tae same !HaMer as the original appointnWfr. C. Members sf the i\uthorily shaUse residcats sf Collier Cmmty and must have business ability ana expericRcc in one or mere fidds which, BY way of example, may include, but are Rot limited ta, general BHsiness. economic devclsplfl8nt. aviation. public affairs, law, tiAaAce, aceoflAting, eagineeriag, aatur-al resource conservation, sr related fields. There shall be at least one (I) member of the i\I:lHmritj' appainled [rem Immalcalee, Marco Island, and E'lerglades Page J of t2 Words underlined are added; Words stmsl, lIlrellgll are deleted. Agenda Item No. 14C December 14, 2010 Page 8 of 17 City sf a (jualifIea eaaElitlate who resides withiH tae resJleeti',e mea is available for ltflfleiHtmeHt ts tae ,'\lItaarity. ~!e f'lerseH aalding eleeted office at the stale. cOllalj' ar ffltiRieipality le',el sflall.be appeiatea to, or be a member at; the .'\utaorit)'. A. The Board of County Commissioners herebv declares itself to he the Collier County Airport Authoritv. 9 ft. Effective as of the beginning of each fiscal year (October I), the Authority shall from its mcmbers elect a chairman and vice chainnan. The ".HtaE/rity flIa)' dele~a(e (lie duties of seeretar)' to tHe exeelltive direetor of the l.utaority or designee. If an election does not occur, the chainnan and vice-chairman of the Board of County Commissioners will hold those same positions on the Airport Authoritv governing board. 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, l' 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 nUltter of law. The Authority shall annually budget and reimburse the Clerk as appropriate for the cost of aU services and materials supplied by the Clerk to the Authority. The Authority shall organize its own financial records to facilitate its day-ta-day operations and provide financial records in such form and in such manner as required by Chapter 218, Flurida 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 trom fiscal and other review and approval by the Clerk to the Board. G 5. 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 cxpenses in accordance with the provisions of general law, and in confonnity with the Authority's budget us approv~d by the Beare. Page 4 of 12 Words underlined are added; Words strHol, IhTBHgh are deleted. .~ Agenda Item No. 14C December 14, 2010 Page 9 of 17 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-ta-day activities of the ,\uthority, of the Exccutivc Director, and of the Authority's other employees shall not rcquire prior approval from the Board, Authoritv. or the County Manager. B. The Authority shall have no power to Icvy or collect ad valorem taxes unless provided otherwise in a spccial act of thc Florida Legislature. C. The Authority has the following powers and duties: I, 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 thc Authority, 3, To accept gifts; to apply for and use grants or loans of money or other property from the United Statcs, thc 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 enler into interlocal agrecments as convenient to accomplish its goals. 4, To maintain an office within the County at such place or places the Authority dcsignates. 5. Subject te prier appreval sf tae Beara, t 10 borrow money and issue revenue bonds or anticipation ccrtiticates, warrants, notes or other evidence of indebtedness; to dC5ignate an agent of record; to sell or mortgage rcal 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 ofland or thc user of any facility which may be conhected 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 Page 5 of 12 Words underlined are added; Words slruoh through are deleted, Agenda Item No. 14C December 14, 2010 Page 10 of 17 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, finn, corporation, association, or body, public or private, any airport facihty or airport property of any nature for the lIse of the Authority to carry out any purpose of the Authority. To grant easements, licenses and use agreements at each airport. J;aell SHe lease v:kere tile f.Htllority is the sub lessor, aRd eaell graIlt sf iHlY sHeil eaaemeRt, ]jeense or other lIoe agreCn1eAf, sllall ee s'.lbjcet to approval of the Board if the ferm of the sUB lea,;c, license, easement, !;se agreement or. other agreement oH/e€Bment will control use or occupancy of -real-property for a tem1 greater then tive (5) years, including every option to rene',\' or e:(tentf the term. 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 available to pay the current year's installment and to pay the amounls 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 Statutes, as authorized by the Board, or (b) except as authorized by special aet 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 emJ'lloyces, including the Executive Director, who shall be an cmployees of the County and shall be subject to the County's Human Resources Policies and Proccdurcs except to the extent, if any, specitically provided otherwise in the Authority's Administrative Codc. II. 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 bc 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 slNell lhr""gh are deleted, Agenda Item No. 14C December 14, 2010 Page 11 of 17 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 advisory board(s) bv ordinance, D. The Authority shall have a lien upon all aircraft landing upon any airport operated by the Authority t(lr 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 alter 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 ~ended as follows: SECTION EIGHT. Annual workshop; budget and reports. A. The Autaerit)' Executive Director shall schedule and conduct one (I) workshop with the Board Authoritv prior to submission of the ,^.utfwrit)"s Executive Director's tentative annual budget request. For each fiscal year the :\uthorit)' Executive Director shall prepare a tentative annual budget including revenues and expenses tor the operation of the three airports during the ensuing fiscal year. The budgct shall be transmitted to the County Manager for Authoritv 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 live-year strategic business plan. The Board shall consider the proposed budget item by item and may either approve the hudget 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 underlined are added; Words slr"ol< lhrBHgh are deleted_ ~...,;a,;,.~ .a:...:~ ~. Agenda Item No. 14C December 14, 2010 Page 12 of 17 as approved by the Board. The annual budget proposed by the Authority and approved by the Board should continuously implement the Authority's live-year master plan. B. By March 15th of each year, the ,\uthority Executive Director shall submit to the board an annual report on tts airport activities and operations for the preceding liscal year, including an independent linancial audit. C. For the December, March, June and September calendar quarters of each year, the !.atllority Executive Director, not latcr than forty - live (45) days following the end of each quarter, shall deliver to the 8eaffi Authority a quarterly tinancial 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 ofOrdinanee No. 2004-03, as amended, is hereby amended as follows: SECTION NINE, Administrative Code. A. The Authority sfiaI.l may adopt an Administrative Code by Resolution(sl that prescribes details regarding the powers, duties and functions of the officcrs of the Authority; the conduct of the business of thc Authority; the maintenance of records and the form of other documents and records of the Authority. The ,^.dmiAistrative Code aAd amendments thereta are nat sHbjeet te apJlraval oftae Beani er afthe CaHAt)' Manager. B. The Administrative Code shall organize the administration of the Authority and shall detail the duties, responsihilities, 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 extcnt 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 amcnded, is hcreby amended as follows: SECTION TEN. Executive Director. A. The Authority sfiaI.l may have an Executive Director to serve as the Authority's chief operating officer. The Executive Director shall be hired by an a11lrmative vote of the membership of the Authority su~eet to (i) the Beara approving each seareR fer aR EJ[ecuti...e Direetar, Oi) the Ilemd approving the iFlHividual reCBmmenaea to the Board far emphol)'ffient as Page 8 of 12 Words underlined are added; Words stRlel( tl::u:e1:lgh are deleted. ~ Agenda Item No. 140 December 14, 2010 Page 13 of 17 Executive DireetBr, alld (Iii) tile Board approving the pfB]3Bsea effiplaXffieat agreeffient. Subject to the provisions of an Employment Agreement of the Executive Director, the Executive Director may be tenninated, with or without cause, by an affinnative v'?te 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 rcsponsibilities and powers specified herein shall be assigned to and vcsted 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. Fonnulate 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 shajJ also dircct 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 thc Executive Director are to be specified in the Administrative Code, The compensation of the Executivc Director as specified in the applicable employment agreement shajJ be set by the Authority in accordance with the budget approved by the Board, and in accordance with the County's I [uman Rcsources Policies and Procedures, except to the extent those pol icies and procedures do not apply to the Authority because of exemptions provided for in the Authority's Administrative Code, Page 9 of 12 Words underlined are added; Words swuel, th:eugh are deleted. Agenda Item No. 14C December 14,2010 Page 14 of 17 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 Manaqer's Ordinance) and Ordinance No. 96-40. as amended (Collic;:r County Personnel Ordinancel.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. Exccpt for purposes of inquiry or in!ilrmation, 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 No, 2004-01, as amended, is hereby amended as follows: SECTION FOURTEEN. Adoption of Rules and Regulations Previously Adoptcd By the Collier County Airport Authority. A. The Board of County Commissioners, pursuant to Section 332.08, Florida Statutes. hereby adopts all of thc following Rules and Regulations hcrctofore adopted by the Collier County Airport Authority ("Authority"): I, The Collier County Airport Authority Rules and Regulations for General Aviation Airports, Collicr 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 FeEmlar) 11,2002 (17 pages) Februarv 1. 2002. 2. The Callier COURt)' Airport Autllerily-MiRiHlllm Standards fer CemmereiaI Ellul NBR Commercial ,\eronalltieal !\cth'ities ut tRe Immokalee RegieRal Airport, adepted by the l.lltllorit)' as re,..ised nn fesnmr)' II, 2002 (17 pages+.. 3. The Collier CmlHty ,\irport l,atllerity MiFlimllm StamlardG fer Commereial aaa N eR CnmAlerei,,1 /\eronalltieal- /\ctivities at tHe E';ergladeG ,\irpark, "Barted 13)' tlle ,\lltRsrit)' aG re, ised nR FeBruary 11, 2002 (17 pages). 4. TRe Collier COllRt)' l\irpeH .^.lltRerity MiRimam 8tElRdanls fer Cefflfflersial BREi Non Cemmereial l.eroRa'.tticaI l,etivities at tlle k!arco Islarul El(eeutive .^.irport, adopted B)' the l\.'.ltllClrit)' as revisea on February II, 2002 (17 f'lages). Page JOofJ2 Words underlined are added; Words slrust, I~r.ug~ are deleted. ,,~:\.;. ~ Agenda Item No. 14C December 14, 2010 Page 15 of 17 2, Minimum Standards for Commercial Airport Aeronautical Activity and Service Providers at the Collicr County Airports, as revised on November 14, 2005 ,) 1. The Collier County Airport Authority Administrative Code, adopted by the Authority as revised on February 11,2002 (12 pages) August 9. 2004. e 1. The Collier County Airport Authority Leasing Policy adopted by the Airport Authoritv as revised on February 11,2002, (19 pages). B. Subsection 332.08(2)(b), Florida Statutes, (authorizing enforcement of violations of such Rules and Regulations as a second degree misdemeanor) applies only to Rules and Regulations adopted by the Board. Future amendments to such Rules and Regulations may not be en/arced as a misdemcanor pursuant to this Ordinance until each such rcspective future amendment(s) is/are adopted by the Board pursuant to Section 332.08, Florida Statutes, which may be by adoption of a Rcsolution 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 CoJ1ier County enforcement department and/or to any outside agency or entity, for enforcement by other means. C, 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 his/her person to some olher 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 otlicer may arrest the violator without a warrant for any such violation(s), which Authority to arrest without a warrant is authorized by subsection 90 I.IS( I), Florida StC/tZ/tes, 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 SEVERABILITY, In the event this Ordinance conflicts with [my other Ordinance of Collier County or olher 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 11 of12 Words underlined are added; Words struel, !hrslIgh are deleted. Agenda Item No. 14C December 14, 2010 Page 16 of 17 deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THIRTEEN: EFFECTIVE DATE. This Ordinance shall become effective upon tiling with the Florida Department of State, PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, thisc'\-'\hiay o(_~~ ,2010. ATTEST: " :"; ,. DWIGIrI'E. Bf{OCK;CLERK :~~~k ~st. " .1>> OaI.t~~ Clerk l t ;netul"t' . ~l"',: . Approved as to ((inn and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ...tW. (' FRED W. COYLE, CHAI )) V-> U ~t.-.- Jennifer B. White Assistant County Attorney This ordlnanee filed wIth H'.! Secretory of Slole's Office the .l1=. doy of _~Q L() cmd acknowledgement of Ihat fHi~9 rocolved !hi, ..J.L doy of ~ -"O[D 8y~I11~~ . _c Page 120f12 Words underlined are udded; Words slru~k th'8t1gh are deleted. ..,..,~ Agenda Item No. 14C December 14, 2010 Page 17 of 17 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 and correct copy of: ORDINANCE 2010-10 Which was adopted by the Board of County Commissioners on the 9th day of March, 2010, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 10th day of March, 2010. DWIGHT E, BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners ~~~14 ~ !... ;' Deputy Clerk ., , '. '~. ,-,~~ r/ ~,' '~,}~ ,';" ) ", . '-. \~ ~'HUlf'l .