Backup Documents 10/22/2019 Item #16A 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP L /�
1,2
ENTS SENT
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I THE BOARD OF COUNTY COMM S ONERSACCMPANY ALL ORIGINALCOFFICE FOR GNOATURE 16 A 1
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routinglines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office JAB l.012249-✓/
to/a-S/t 9
4. BCC Office Board of County C3 -N-
Commissioners A/ \ KR
5. Minutes and Records Clerk of Court's Office 144/6 l .sI pti.
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Jennifer Belpedio CAO 239-252-8400
Contact/Department
Agenda Date Item was 10/22/19 f Agenda Item Number
Approved by the BCC 'b -1-
Type of Document Interlocal Agreement J Number of Original 2
Attached V Documents Attached
PO number or account - Ge_a a- r� ,e5m.,
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable),
1. Does the document require the chairman's original signature 'AMP OK —...../
2. Does the document need to be sent to another agency for additi'P '- .-. - ' •eturn a JAB
copy to Robin Menard as per the enclosed letter.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAB
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's NA
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JAB
document or the fmal negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAB
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip NA
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding tofallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of/your deadlines!
8. The document was approved by the BCC on 10/22/19 Ad all changes made during JAB
the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by -
the BCC, all changes directed by the BCC have been made,and the document is
ready for the Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 �C
Crystal K. Kinzel
GUITCOURt�C Collier County 16 A 2
�o o*,, Clerk of the Circuit Court and Comptroller
o, 3315 Tamiami Trail East, Suite 102
C4 r
Naples, Florida 34112-5324
Nz-
o
tiFR couNTY.c`'o
October 28, 2019
Ms. Robin Menard,
Enclosed for your records, is one original Interlocal Agreement with the City of Naples Airport Authority
approved by the Board of County Commissioners on Tuesday, October 22, 2019.
0a4VitAak,
esa Cannon, Senior Deputy Clerk
Minutes& Records Department
3299 Tamiami Trail. East,#401
Naples, FL 34112
Phone-(239) 252-2646 Fax-(239) 252-2755
Website-www.CollierClerk.com Email- CollierClerk@collierclerk.com
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INTERLOCAL AGREEMENT
BETWEEN
COLLIER COUNTY AND
CITY OF NAPLES AIRPORT AUTHORITY
AIRPORT HAZARD AND INCOMPATIBLE LAND USE ZONING
CHAPTER 333, FLORIDA STATUTES
COLLIER COUNTY AND CITY OF NAPLES AIRPORT AUTHORITY(PARTIES
HERETO) HEREBY AGREE AS FOLLOWS:
1. Need for Zoning. The Airport Hazard Area pertaining to the Naples Municipal
Airport ("APF") is located in unincorporated Collier County. Therefore, Collier County
("County") and City of Naples Airport Authority ("NAA") are required by subsection
333.03(1)(b), Florida Statutes ("F.S.")_to either (1) enter into an Interlocal Agreement in
accordance with s. 333.03(1)(b)(1), F.S., or (2) by ordinance or resolution create a joint airport
zoning board pursuant to s. 333.03(1)(b)(2), F.S.
2. Agreement for Interlocal Agreement. County and NAA each hereby agree that the
requirements of s. 333.03(1)(b), F.S._can best be complied with by this Interlocal Agreement
("Agreement"). This Interlocal Agreement contains the entire agreement and understanding of the
parties hereto to the matters covered herein and supersede all prior agreements.
3. Enactment of Airport Protection Zoning Regulations: Minimum Requirements.
County shall adopt, administer and enforce by ordinance Airport Protection Zoning Regulations
defined by s. 333.01(8),and in accordance with s. 333.03(1)(c),F.S.,which at a minimum require:
A. A permit for the construction or alteration of any object,terrain,or structure,
which would exceed the federal obstruction standards contained in Title 14 Code of Federal
Regulations ("CFR") Part 77, subpart C;
B. Marking and lighting for obstructions installed and operated at the
obstruction owner's expense in accordance with the criteria contained in Federal Aviation
Administration(FAA) Advisory Circular 70/7460-1, as may be amended;
C. Documentation showing compliance with the federal requirement for
notification of proposed construction or alteration, and a FAA form 7460-1 `Notice of Proposed
Construction or Alteration', and all supporting materials, filed with the FAA such as valid
aeronautical evaluation submitted by each person applying for a County airspace obstruction
approval; INSTR 5783222 OR 5689 PG 1214
RECORDED 10/29/2019 10:50 AM PAGES 4
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$35 50
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D. Consideration of the criteria in s. 333.025(6), F.S.1, when determining
whether to issue or deny a County airspace obstruction approval; and
E. That a permit may not be approved solely because the Federal Aviation
Administration determines that the proposed obstruction is not an airport hazard.
4. Maintenance and Enforcement of Zoning Regulations. County shall continuously
and promptly maintain its Airport Protection Zoning Regulations in full compliance with Chapter
333, F.S., which references 14 CFR Part 77, and shall promptly and faithfully enforce such
Regulations with regard to APF as they now exist, or may be hereafter amended or established
from time to time, including applicable regulations of federal, state or local government authority,
and updated or modified noise exposure maps when reviewed and accepted by the FAA.
5. Notification to NAA. County shall, in writing, promptly notify NAA of each and
every:
A. Amendment. Proposed amendment to County's Land Development Code
(LDC) that may directly or indirectly affect any property in the Airport Overlay District (Section
2.03.07 of the County LDC),the Airport Hazard Area as defined in s. 333.01(4), F.S. or within the
lateral confines of areas that underlie surfaces defined in 14 CFR §77.19, 77.21, and 77.23.
B. Application - Obstacle Hazards to Air Navigation. Application regarding a
permit,including any building permit,zoning permit, subdivision approval,rezoning certification,
conditional use, or any other official action of County that will have the effect of permitting the
development or alteration of land or a structure ("Application') for any property owned or
controlled by any sponsor required to provide notice or prevent a hazard defined by s. 333.01(3),
F.S.,in accordance with provisions of s. 333.07,F.S.,and 14 CFR Part 77 subpart C,which include
notice requirements and criteria for identifying and evaluating potential hazards to air navigation.
C. Application - Noise Compatible Land Use. Application for any property
within the area of a 60 ldn noise contour determined by a noise study defined by s. 333.03(2)(c),
F.S., and/or 14 CFR Part 150.
D. Application - Staff Discretion. Application that appears to County staff, in
their discretion, to be relevant to APF. Relevant to APF includes any potential hazard to air
navigation or potential land use that is incompatible with normal airport operations or endangers
public health, safety or welfare as described in ss. 333.03(2)and(3),F.S.,and may include sanitary
landfills, bird and other wildlife attractants, congregations of people, or emissions of light, smoke
or other impairments to visibility.
1 Criteria is found in the Collier County Land Development Code Section 4.02.06 M.3 as it may be amended,
superseded or replaced. Section 4.02.06 M.3 exceeds the minimum criteria set forth in s. 333.025(6),F.S.1
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NAA is invited to promptly provide to County written or oral input(s)regarding each such
proposed amendment or Application. County must consider all such input(s) before making its
final decision(s) regarding each such amendment or Application, but County shall not be required
to delay its consideration awaiting any such input(s) that are not received by County within 10
business days from NAA's receipt of written notice from County of the proposed amendment or
Application.
6. Airspace Obstruction Approval Required. County LDC shall contain provisions
that no development order shall be issued by County for the construction or alteration of any
structures that may constitute an obstruction as defined by s. 333.01(12), F.S., unless an airspace
obstruction approval has first been obtained from the County in accordance with the requirements
of s. 333.07, F.S.
7. Cooperation. In addition to the specific obligations otherwise specified in this
Agreement,the parties hereto shall otherwise fully cooperate with each other to try to solve(and/or
prevent) problems related to any and all of the subject matter(s) addressed in County's LDC, as
well as any other County Ordinances and Special Act(s) which now or hereafter relate to APF
zoning in unincorporated Collier County.
8. Enforcement of Agreement. Each party hereto may enforce this Agreement by any
legal means whatsoever including mandamus and/or specific performance.
9. Recording and Filing. This Agreement (and all future amendments hereto, if any)
shall be recorded in the Public Records of Collier County, Florida and filed with the Florida
Department of Transportation Aviation and Spaceports Office pursuant to s. 333.03(3), F.S. no
later than 30 days after the adoption of the agreement or any amendments thereto.
10. Amendment and Termination of Agreement. This Agreement shall be amended
from time to time to the extent required by law. This Agreement shall continue until lawfully
terminated by special agreement of the parties. Currently, s. 333.03(1)(b), F.S. requires that either
an Interlocal Agreement that complies with s. 333.03(1)(b)(1),F.S., or a joint airport zoning board
be established. An Interlocal Agreement cannot be terminated unless and until a joint airport
zoning board created in lieu of an Interlocal Agreement in accordance with s. 333.03(1)(b)(2),F.S.
is established, and there are no plans to establish such a joint zoning board.
11. Governing Statutes. Chapter 333, F.S. "Airport Zoning", and 14 CFR Part 77,
"Safe, Efficient Use, and Preservation of the Navigable Airspace", subparts A, B, and C, shall be
utilized to clarify ambiguities, if any, with regard to all aspects of the Agreement, including its
scope,use, obstruction standards and definitions. However,this Agreement shall not be construed
to incorporate the existing Chapter 333, F.S. or Part 77. On the contrary, future amendments to
Chapter 333, F.S. or Part 77 may also be utilized to clarify ambiguities with respect to the
interpretation of this Agreement.
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ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER CO Y, FLORIDA
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B E
De uty Clerk / ham McDaniel, Jr., Chair an
- Attest as to-QN to-Qbin
Aper: '' Oiin and legality: 10122119
S Ili
cus.
Je er A. Belp
Assistant County Attorney
SIP-56V)\\C\
ATTEST: (1°A CIT OF NAPLES
AI'='•RT AUTHORITY
e-t-, �' P �
By: By: _ )..41' I A .
Christopher A. Rozansky Di . . esser, Chair I
Executive Director of NAA
I
Approved as to form and legal sufficiency:
Ze._ 1 --p.
William L. Owens
Counsel to NAA
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