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Agenda 06/11/2013 Item #14A46/11/2013 14.A.4. EXECUTIVE SUMMARY Recommendation that the Collier County Airport Authority adopt the attached Resolution and amends its Airport Rules and Regulations by adding a Fair Treatment Policy. OBJECTIVE: To ensure that everyone who does business with the Authority, including tenants, are treated fairly and equally. CONSIDERATIONS: Section 14 of the Collier County Airport Authority Ordinance (Ord. No. 04 -03, as amended) provides as follows: Adoption of rules and regulations previously adopted by the Collier County Airport Authority. (a) The Board of County Commissioners, pursuant to F.S. § 332.08, hereby adopts all of the following Rules and Regulations heretofore adopted by the Collier County Airport Authority ( "Authority "): (1) The Collier County Airport Authority Rules and Regulations for General Aviation Airports, Collier County, Florida, applicable to the Everglades Airport, to the Immokalee Regional Airport, and to the Marco Island Executive Airport, adopted by the Authority as revised on February 1, 2002. (2) Minimum Standards for Commercial Airport Aeronautical Activity and Service Providers at the Collier County Airports, as revised on November 14, 2005. (3) The Collier County Airport Authority Administrative Code, adopted by the Authority as revised on August 9, 2004. (4) The Collier County Airport Authority Leasing Policy adopted by the Airport Authority as revised on February 11, 2002. The Airport Authority has heard, from time to time, complaints that various tenants at the Immokalee Regional Airport have not been fairly treated. Whether such complaints have merit is not part of this discussion. To minimize future complaints from both tenants and others who do business with the County, I am proposing that the Collier County Airport Rules and Regulations be amended by adding the following provision to the end of Section 2, General Regulations: Fair Treatment Policy. It is the intent of the Collier County Airport Authority that all tenants, customers and all others who do business with the Authority be treated equally, that they be free to conduct their daily business without undue interference by employees of the Authority, and that their right to privacy shall not be infringed by videotaping or other surveillance of their activities outside of the airport's secure areas. Airport Authority employees shall endeavor to amicably resolve any perceived violation of any Airport Policy. All unresolved disputes shall be taken to the Collier County Airport Advisory Board, who shall attempt to reach an amicable resolution. Absent circumstances which require prompt action, including violations which involve an immediate threat to public health or safety, no formal action of complaint may be filed with the FAA or any other agency without the prior approval by the Airport Authority. This provision does not create any private cause of action. Violation of this provision by Airport staff • 1 Packet Page -806- 6/11/2013 14.A.4. may result in administrative discipline, up to and including termination of employment, but shall not be deemed an ordinance violation subject to F.S. § 332.08. FISCAL IMPACT: None. LEGAL CONSIDERATIONS: The attached Resolution was prepared by the County Attorney, is approved as to form and legality, and requires majority support for approval. If approved, a copy of the Resolution must be posted a copy at the courthouse and at every such airport for 4 consecutive weeks. -JAK. RECOMMENDATION: That the Collier County Airport Authority adopt the attached Resolution and amend its Airport Leasing Policy by adding a Fair Treatment Policy. Prepared by: Commissioner Tom Henning, District 3 Attachment: The Collier County Airport Rules and Regulations Packet Page -807- 6/11/2013 14.A.4. COLLIER COUNTY Board of County Commissioners Item Number: 14.14.A.14.A.4. Item Summary: Recommendation that the Collier County Airport Authority adopt the attached Resolution and amends its Airport Rules and Regulations by adding a Fair Treatment Policy. (Commissioner Henning) Meeting Date: 6/11/2013 Prepared By Name: SmithCamden Title: Executive Aide to the BCC 6/3/2013 4:03:27 PM Submitted by Title: Executive Aide to the BCC Name: SmithCamden 6/3/2013 4:03:29 PM Approved By Name: SheffieldMichael Title: Manager- Business Operations, CMO Date: 6/4/2013 9:30:17 AM Name: KlatzkowJeff Title: County Attorney Date: 6/4/2013 10:06:33 AM Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management & B Date: 6/4/2013 11:10:24 AM Name: KlatzkowJeff Title: County Attorney Date: 6/4/2013 12:17:58 PM Packet Page -808- Name: OchsLeo Title: County Manager Date: 6/4/2013 12:55:06 PM Packet Page -809- 6/11/2013 14.A.4. 6/11/2013 14.A.4. RESOLUTION NO. 2013 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ACTING IN ITS CAPACITY AS THE COLLIER COUNTY AIRPORT AUTHORITY, AMENDING THE AIRPORT RULES AND REGULATIONS FOR EVERGLADES AIRPARK, THE IMMOKALEE REGIONAL AIRPORT, AND THE MARCO ISLAND EXECUTIVE AIRPORT. WHEREAS, Collier County Ordinance No. 2004 -03, as amended, the Collier County Airport Authority Ordinance, adopted rules and regulations relating to the operation of three airports: The Immokalee Regional Airport, the Marco Island Executive Airport, and the Everglades City Airpark; and WHEREAS, Section Fourteen of Ordinance No. 2004 -03, as amended, sets forth the manner by which the adopted Rules and Regulations may be amended; and WHEREAS, the Board of County Commissioners, acting in its capacity as the Collier County Airport Authority desires to amend these Rules and Regulations in order to establish a Fair Treatment Policy for all tenants, customers and all others who do business with the Airport Authority. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ACTING IN ITS CAPACITY AS THE COLLIER COUNTY AIRPORT AUTHORITY, that: Section 2 of the Airport Rules and Regulations for Everglades Airpark, The Immokalee Regional Airport, and The Marco Island Executive Airport is hereby amended as follows: SECTION 2 GENERAL REGULATIONS 2.16 FAIR TREATMENT POLICY. It is the intent of the Collier County Airport Authority that all tenants, customers and all others who do business with the Authority be treated equally, that they be free to conduct their daily business without undue interference by employees of the Authority, and that their right to privacy shall not be infringed by videotaping or other surveillance of their activities outside of the airport's secure areas Aip2ort Authority employees shall endeavor to amicably resolve any Words Underlined are added; Words cw aek Th fou h are deleted. Packet Page -810- 6/11/2013 14.A.4. perceived violation of any Airport Policy. All unresolved disputes shall be taken to the Collier County Airport Advisory Board, who shall attempt to reach an amicable resolution Absent circumstances which require prompt action, including violations which involve an immediate threat to public health or safety, no formal action of complaint may be filed with the FAA or any other agency without the rp for ap rop val by the Airport Authority. This provision does not create any private cause of action. Violation of this provision by Airport staff may result in administrative discipline up to and including termination of employment but shall not be deemed an ordinance violation subject to F.S. § 332.08. BE IT FURTHER RESOLVED that pursuant to Ordinance No. 2004 -03, as amended, and Section 332.08(2), Florida Statutes, a copy of this Resolution shall be promulgated by posting at the courthouse and at every such airport for 4 consecutive weeks or by publication once a week in a newspaper published in the County for the same period. THIS RESOLUTION ADOPTED after motion, second and majority vote on this the day of , 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA, ACTING IN ITS CAPACITY AS THE COLLIER COUNTY AIRPORT AUTHORITY C , Deputy Clerk Approved as to form and legality: Jeffrey A. Klatzkow County Attorney Ron GEORGIA A. HILLER, ESQ. CHAIRWOMAN Words Underlined are added; Words Sawk Tl. fough are deleted. Packet Page -811-