Resolution 2001-345
RESOLUTION NO. 2001--.ll.2.
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RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, PROVIDING TO THE GREATEST EXTENT
NOW OR HEREAFTER ALLOWED BY LAW, THAT DEVELOPMENT AT THE
MARCO ISLAND EXECUTIVE AIRPORT SHALL NEVER OCCUR OUTSIDE
OF THE GEOGRAPHIC CONFINES OF THE DEVELOPMENT FOOTPRINT
NOW EXISTING IN THAT AIRPORT'S MASTER PLAN
WHEREAS, A Long Range Master Plan exists for development of the Marco Island
Executive Airport ("Airport"); and
WHEREAS, an Airport Layout Plan ("ALP") that depicts the ultimate build-out
development of the Marco Island Executive Airport is a part of that Master Plan; and
WHEREAS, The Conservancy of Southwest Florida and four (4) other "conservation
groups" (noted in a Memorandum of Understanding) have requested assurance from the
Collier County Board of County Commissioners that all development of the Marco Island
Executive Airport shall remain in perpetuity within the current "Deve]opment Areas" of
the current Master Plan, except to the extent, if any, that The Conservancy of Southwest
Florida, National Audubon Society, Florida Audubon Society, Environmenta] Defense
Fund, IZAAK Walton League-Florida Division, or each respective entity's then
successor(s) in function, may from time-to-time authorize in writing.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUTNY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
The "Development Areas" of Marco Island Executive Airport, as such footprint is
depicted in the ALP attached hereto as Exhibit A, and by reference is incorporated herein,
shall never be expanded in geographic area outside of the current footprint except to the
extent, if any, that the Conservancy of Southwest F]orida, National Audubon Society,
Florida Audubon Society, Environmenta] Defense Fund, IZAAK Walton League-Florida
Division, or each respective entity's then successor(s) function, may from time-to-time
authorize in writing. However, this Reso]ution does not limit the County's then legal
obligations, if any, to install aids to navigation or other things outside of said footprint,
but only to the extent that such aids or other things are then required by law to safely
operate aircraft into and/or out of the Airport, and only in accordance with the Marco
Island Executive Airport Memorandum of Understanding executed by the signatories to
the Deltona Settlement Agreement, including the Board of County Commissioners of
Collier County. With respect to the aids to navigation, such aids shall be limited to aids
that are then required to aid "Aircraft" of the types and sizes allowed to land and take off
at the Airport as of the effective date of this Resolution.
This Resolution adopted this ~ day of September, 200], after motion, second and
majority vote favoring adoption.
ATTESTED:
DWIGHT E. BROCK, Clerk
By: ~~,4'^~
Attett . tilS:,~:*s
It_.... .11.
Approved as to form and
legal sufficiency: ~
d~~~l~er~
Assistant County Attorney
By:
EXHIBIT A
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· OR: 2893 PG: 3343
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OR: 2893 PG: 3344
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FIRST AMENDMENT TO
INTERLOCAL INGRESS/EGRESS AGREEMENT
The First Amendment to the Interlocal Ingress/Egress Agreement (hereinafter "Agreement") is made
and entered into this oQ~ day of 0_xtau~ , 2000, by and between the COLLIER COUNTY AIRPORT
AUTHORITY, COLLIER COUNTY, FLORIDA (hereinafter "The Airport Authority") and the BOARD OF
TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, by
and through the Department of Environmental Protection OF FLORIDA (hereinafter "DEP").
WITNESSETH:
WHEREAS, DEP and Collier County entered into that certain Memorandum of Agreement dated the
22nd day of February, 1995, recorded at OR Book 2034, pages 1257 through 1260, Public Records of Collier
County, Florida, which provides for DEP to enter into an agreement with the County to provide ingress and
egress over and upon state-owned lands in accordance with Federal Aviation Standards, Part 77; and
WHEREAS, Collier County has, by County Ordinance No. 95-67, delegated to the Airport Authority
full power and authority to enter into and administer this Agreement on behalf of the County; and
VirHEREAS, the DEP and Collier County Airport Authority entered into that certain Interlocal
Ingress/Egress Agreement dated January 17, 1996.
NOW THEREFORE, in consideration of the premises, including the above-referenced Interlocal
Ingress/Egress Agreement and the covenants, terms and provisions contained herein, the DEP and the
Airport Authority agree as follows:
1. Exhibit A to the Interlocal Ingress/Egress Agreement is deleted in its entirety and replace with a new
Exhibit A attached hereto and made a part hereof.
2. Reference in Paragraph 2 to "11,400 feet long and 2,000 feet wide" is deleted in its entirety.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and
year first above written.
AS TO AIRPORT AUTHORITY:
ATTEST: 'x COLLIER COUNTY AIRPORT AUTHORITY
Approved as to form and
Legal sufficiency:
Thomas C. Palmer, Assistant County Attorney EXHIBIT "C"
OR: 2893 PG: 3345
AS TO DEP: 16H4
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
WI TNE S S:
/ .~((..4.4 ~)m~eb~''c~' GloriaC. Nelson, Operationsand
~ _ Management Consultant Manager, Bureau
Print/T'~'~e-Witne~[s of Public Land Administration, Division of
State Lands, Department of Environmental
Protection
WITNES S:
Print/Type Witness Name ~ I' ;,.~: 7 . .
STATE OF FLORIDA
COUNTY OF LEON
/_./The foyff~ goln%l~l(~rub,me;tl~riaaS ~c N~e~Volned~e derb;[~ ~nedt~lSan~/L day of
~/-/,73U~r~' ', ' , y ' . , p ' g mentConsultant
~lQa~r, Bureau of Public Land Administration, Division of State Lands, Department of
Environmental Protection, for and on behalf of the Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida. She is personally known to me
',>;~z.~* July 25, 2001
~o~a, ~ ~ F~,,~u~, ~. Print/Type Notary Name
My Commission Expires:
Approved as to form and legality:
By:
DEP Attorney
*** OR: 2893 PG: 3346 ***
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MEMORANDUM OF UNDERSTANDING
WHEREAS, the Collier County Airport Authority (the "Authority") is charged
with the management and operation of the Marco Island Executive Airport (the
"Airport"); and
WHEREAS, The Conservancy of Southwest Florida, The National and Florida
Audubon Societies, Environmental Defense Fund, and The Florida Division of the Izaak
Walton League are Environmental Intervenor Signatories (the "Signatories") to the
Deltona Settlement Agreement of July 20, 1982; and
WHEREAS, a meeting was held at the Airport on July 23, 1999, among the
Authority and some of the Signatories. The purpose of that meeting was to try to resolve
disputes regarding safe operation of the Airport and compliance with the Deltona
Settlement Agreement; and
WHEREAS, the participants of said meeting agreed to execute a Memorandum
of Understanding (MOU) in furtherance of paragraph no. 14 of the Deltona Settlement
Agreement.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
1. The Authority, by Resolution to be presented to the Board of County
Commissioners, shall urge that said Board forever delimit the Development Areas of the
Airport. Said resolution identified as Exhibit A attached hereto and made a part hereof.
2. Prior to any cutting, trimming, removing or other modification of vegetation
outside the Development Areas, the Authority and The Florida and National Audubon
Societies shall cooperatively develop a mutually satisfactory Vegetation Management
Program that is approved by the FAA and the FDOT. The Authority agrees to abide by
said approved Program in perpetuity. Said "Development Areas" identified in Exhibit B
attached hereto and made a part hereof.
3. The Authority shall urge the Florida Department of Environmental Protection
(FDEP) to amend the Interlocal Ingress/Egress Agreement as is proposed in Exhibit C.
The Authority shall through negotiations use its best efforts to acquire acquiescence
thereto from FDEP. The Authority shall not commence the projects listed in numbered
paragraph seven (7) until said amended Agreement is executed by FDEP and the Collier
County Airport Authority.
4. Promptly after implementation of numbered paragraphs one (1) through three
(3), above, the Authority shall submit to the Signatories (for their written comments
thereon) each mitigation package hereafter required from the Airport by any State or
Federal regulatory agency.
o
OR: 2893 PG: 3339
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5. The Authority shall propose to the Board of County Commissioners that the
properties located adjacent to the property remaining within its ownership outside the
"Development Areas" designated pursuant to Exhibit B shall be encumbered by a
perpetual conservation easement enforceable by any and all Signatories. This
conservation easement shall prohibit all development and management activities within
said properties not expressly approved in writing by all of the Signatories. The Authority
shall not commence or commit resources toward commencement or implementation of
the projects listed in numbered paragraph seven (7), below, until the Airport Authority
and County have executed said Conservation Easement. Said Conservation Easement to
be prepared by The Conservancy of Southwest Florida and delivered to the Airport
Authority for execution, said delivery date no later than 30 days from execution of the
MOU.
6. The Authority shall not commence or commit resources toward commencement
or implementation of the projects listed in numbered paragraph seven (7), below, unless
and until this MOU has been fully executed.
7. Upon the conclusion of numbered paragraphs one (1) through six (6), above,
all of the Signatories that have signed this MOU thereby agree only to the following
projects as further identified in Exhibit B:
Parallel taxiway on the west side of the existing runway;
Apron hangar area; and
FAR part 77 Vegetation Management Program, as described in
numbered paragraph two (2), above.
8. This MOU hereby expressly amends the Deltona Settlement Agreement.
Agreed to by each,.,__ --°f the parties that have executed this Memorandum of
Understanding,
effective
~./~. ~hz~ [I , 200~ Each signer is an authorized
representative of the entity.
COLLIER COUNTY AIRPORT AUTHORITY
By:
:FHE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
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By:
Dwvid-E:-~m;,q~.D,.r Pr-esident-a~mt
gltnor V. Krier, Interim President
THE NATIONAL AUDUBON SOCIETY and FLORIDA AUDUBON SOCIETY
By:
Stu , D
President, Florida Audubon Society
Vice President, National Audubon Society
ENVIRONMENTAL DEFENSE FUND
",,, Jame~T.B. Tripp ' ~ i ~, \
IZAAK WALTON LEAGUE, FLORIDA DIVISION
Juanita Greene, President
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
(Successor to Florida Department of Environmental Regulation)
By:
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SOUTH FLORIDA WATER MANAGEMENT DISTRICT
(By signing this agreement, the District is not waiving any rights or
authorities that the SFWMD may have under Chapter 373, Florida Statutes
or the D.~el~ona Agreement)
Henry Dea~
Execu i~[j~ Director
South Florida Water Management District
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
(Successor to Florida Department of Community and Veterans Affairs)
i%homas B_eck, Di~m~tar
vmsion oZ Communzt~ ~lanning
THE DEL¥ONX' C~6RV-6-fi, Xff6~
By:
~, g~e~ut~i ¥ice President
COLLIER COUNTY
By:
Collier County Board of County Commissioners
Approved as to form and legal sufficiency:
ThomaS- C-. Palraler'
Assistant- g6unty Attorney
Atteet a~ to ~