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Agenda 03/09/2010 Item #17D Agenda Item No. 17D ~... ~March 9, 2m 0 Page 1 of 20 ---'- EXECUTIVE SUMMARY Recommendation to adopt an ordinance creating the Airport Authority Advisory Board for the purpose of providing advice and recommendations to the Board of County Commissioners, as the governing body of Collier County Airport Authority, regarding tbe Marco Island Executive Airport, Immokalee Regional Airport, Everglades Airpark and any future publically-owned airports tbat are within the authority and control of ColUer County. - OBJECTIVE: To adopt an ordinance creating 1he Airport Authority Advisory Board for 1he purpose of providing advice and recommendations to the Board of County Commissioners. as the governing board of the Airport Authority, concerning the three publically-owned general aviation airports and any future publically-owned airports 1hat are within 1he au1hority and control of Collier County. 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. This portion of the meeting's transcript is attached. The report also recommended 1he establishment of an advisory board to make recommendations to 1he newly restructured Airport Authority. Accordingly, the County Attorney's Office prepared 1he attached ordinance creating 1he Airport Authority Advisory Board (Advisory Board) which is consistent with the Collier County Advisory Board Ordinance, Ordinance 01-55, as amended. Notable ordinance provisions include: 1. The Advisory Board will assist with all issues affecting the Marco Island Executive Airport, Immokalee Regional Airport and Everglades Airpark, including the planning, development, and implementation of the policies, goals and objectives of the Airport. 2. The Advisory Board will be comprised of seven members and one alternate with business abilities. The qualifications are the same as the qualifications of the prior Airport Authority members. 3. The Airport Authority members serving immediately prior to the adoption of the ordinance are to fulfill the remainder of their appointed terms as the initial appointees to the Advisory Board, This is a companion item to 1he proposed ordinance amending Ordinance No. 2004-03 for the purpose of designating the Collier County Board of County Commissioners as 1he governing body of1he Collier County Airport Authority. .- "........,.,.;--,.,.- --., '_'"'~_'d' . , ._-",,-~~..',,"'.~'""<-" -_._-.-._---~-~_._,-~,--- ,. Agenda Item No. 17D March 9,2010'-- Page 2 of 20 FISCAL IMP ACT: Estimated cost to advertise this ordinance and the ordinance amending Ordinance No. 2004-03 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. GROwrH MANAGEMENT IMP ACT: There is no growth management impact at this time. RECOMMENDATIONS: To adopt the attached ordinance creating the Airport Authority Advisory Board for the purpose of providing advice and recommendations to the Board of County Commissioners, as the governing board of the Airport Authority, concerning the three publically-owned general aviation airports and any future publically-owned airports that are within the authority and control of Collier County. PREPARED BY: Winona Stone, Assistant to the County Manager Jennifer B. White, Assistant County Attorney Q4.APA-O I 09612776 ....'n ... "6....... v...... Agenda Item No. 17D March 9, 2010 Page 3 of 20 ---- COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 170 Recommendation to adopt an ordinance creating the Airport Authority Advisory Board for the purpose of providing advice and recommendations to the Board of County Commissioners, as the governing body of Collier County Airport Authority, regarding the Marco Island Executive Airport, Immokalee Regional Airport, Everglades Airpark and any future publically- owned airports that are within the authority and control of Collier County. 31912010 9:00:00 AM Meeting Date: Prepared By Winona W. Stone Assistant to the County Manager Date County Managers Office County Managers Office Approved By OMS Coordinator Date County Manager's Office Office of Management & Budget 2125/20104:16 PM Approved By Debra Brueggeman Operations Coordinator Date "- Airport Authority Airport Authority 2/25/2010 4:22 PM Approved By Jennifer White Assistant County Attorney Date County Attorney County Attorney 311/20107:43 AM Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Managers Office 3/1120107:27 PM .--. ".....,. . ~ ,~ ,~_~~, . ~ "'~4~'~_ ~~.~",.__~ .___~~.,~_~,~_~~. - ,- ,... ~. ~ ______._ ,. .n . Agenda Item No. 17D March 9. 2010 Page 4 of 20 February 9, 20 I 0 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 FLALA: We're almost done and we haven't even taken our morning break. MR.OCBS: Thanks, Margaret. Item # lOB 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 ,. -- _w_._.. Agenda Item No. 17D March 9, 2010 Page 5 of 20 - February 9,2010 -'- 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 - .-.- -- ..-- -_._- .~- Agenda Item No. 17D March 9, 2010 Page 6 of 20 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~--11D_ __ March 9, 2010 Page 7 of 20 ."'-. 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. C N 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 -- '.-.. -'" ""'- ~-... . . .. ._ _,e".._ _..._,~, -.".-------.... ---~....," . "'.- " -., I Agenda Item No. 17D March 9, 2010 Page 8 of 20 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 a\ligators 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. I f 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 pan 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 tor 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 -- weB, look at your airports. Lock 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. 17D March 9, 2010 Page 9 of 20 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, OME, all of these fancy names. None of them will get me a cup of coffee today. But J 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 ~.." .. '.- ---... .,. ".. .- ''''--'~ --.----."'-"- --...-- --..-..-....--.- Agenda Item No. 170 March 9, 2010 Page 10 of 20 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 I just -- I feel less government, not more. I 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 fmd 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 Immokalee 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 Immokalee 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 h_. Agenda Item No. 17D .. March 9, 2010 Page 11 of 20 '"', February 9, 2010 ,-~, 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 ". ---- _.. . . .. ~_. ,..~- ._-~.._.- .,- --.....-- Agenda Item No. 170 March 9, 2010 Page 12 of 20 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 -.--.-..---.- . "' ~- ----... Agenda Item No. 17D March 9, 2010 Page 13 of 20 ~,.~, 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 50 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 of a 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? ,~.,.. Page 48 '--..------.-", . .-- ..---.' .- ,."-------... Agenda Item No. 17D March 9, 2010 Page 14 of 20 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 fHE DEPARTMENT OF HOUSING AND HUMAN SERVICES TO WORK WITH THE COUNTY ATTORNEY TO TAKE ALL EFFORTS TO RECAPTURE U,S. HOUSING AND URBAN DEVELOPMENT (HUD) GRANT FUNDING PROVIDED TO THE COLLIER COUNTY HOUSING DEVELOPMENT CORPORATION(CCHDC) NOW KNOWN AS THE HOUSING DEVELOPMENT CORPORATION OF SOUTHWEST FLORIDA (HDCSWFL) INCLUDING FILING A LAWSUIT IN THE 20TH JUDICIAL CIRCUIT IF NECESSARY FOR FAILURE TO COMPLY WITH THE GRANT AGREEMENT TO DEVELOP CIRRUS POINTE AND TO SEEK DIRECTION ON WHETHER Page 49 -..-" . -- -" Agenda Item No. 17D 1'VImct, ~, lOtO Page 15 of 20 -- ORDINANCE NO. 2010- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, CREATING THE AIRPORT AUTHORITY ADVISORY BOARD; PROVIDING FOR CREATION; PROVIDING FUNCTIONS, POWERS AND DUTmS; PROVIDING FOR APPOINTMENT AND COMPOSITION, TERMS OF OFFICE, ATTENDANCE AND FILLING OF VACANCmS; PROVIDING FOR REMOVAL FROM. OFFICE FOR FAILURE TO ATTEND MEETINGS; PROVIDING FOR OFFICERS, QUORUM AND RULES OF PROCEDURE; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABn.ITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners ("Board") serves as the governing body of the Collier County Airport Authority ("Airport Authority"); and WHEREAS, the Airport Authority oversees the development and management of the ~- Marco Island Executive Airport, Immokalee Regional Airport, and Everglades Airpark that serve the air transportation needs of Collier County; and WHEREAS, the Airport Authority desires to create a citizen-member advisory board to advise it concerning these three publically-owned general aviation airports as well as any future publicaIly-owned airports that are within the authority and control of Collier County. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Creation of the Airport Authority Advisory Board. There is hereby created the Airport Authority Advisory Board ("Advisory Board"). ,--."._- -- .. Agenda Item No. 17D iV'I1'l'ml 9, 20"10 Page 16 of 20 SECTION TWO: Functions, Powers and Duties of the Advisory Board. The functions, powers and duties of the Advisory Board shall be to advise and make recommendations to the Airport Authority as follows: (1) The Advisory Board is created to assist the Airport Authority with all issues affecting the Marco Island Executive Airport, Immokalee Regional Airport, and Everglades Airpark ("Airports"), including the planning, development, and implementation of the policies, goals and objectives of the Airports. (2) The Advisory Board may make recommendations to the Airport Authority regarding: (a) airport master plans, (b) contracts and other instruments, (c) leases, licenses, easements and other instruments for the use of airport property, (d) work orders and change orders, and any other matters that pertain to airport business. (3) The Advisory Board may recommend policies and procedures for the operation of the Airports. (4) The Advisory Board may promote awareness, utilization, and development of the Airports in Collier County pursuant to, and consistent with, the Airport Authority's goals and objectives and master plan. (5) The Advisory Board may make recommendations on grant opportunities and related agreements. (6) The Advisory Board will serve as a liaison between Collier County staff and the Airport Authority. (7) If deemed appropriate, the Advisory Board may submit its recommendations to the Airport Authority by resolution. Page 2 of5 ,-~ SECTION THREE: Appointment and Composition; Terms of Office; Attendance and Filling VacBncies. The Advisory Board shall be composed of seven (7) members and one (1) alternate member who are Collier County residents and possess the business ability and experience in one or more fields which, by way of example, may include, but are not limited to, general business, economic development, aviation, public affairs, law, fmance, accounting, engineering, or related fields. There shall be at least one (1) member of the Advisory Board appointed from ImmokaIee, Marco Island, and Everglades City if a qualified candidate residing within the respective area is available for appointment to the Advisory Board. No person holding elected office at the state, county or municipality level shail be appointed to, or be a member of the Advisory Board. Members of the Advisory Board shall be appointed and serve at the pleasure of the Airport Authority. Appointments of members to the Advisory Board shall be by resolution of __'m the Board of County Commissioners, as the governing body of the Airport Authority, which resolution shall set forth the date of appointment. Appointments to fill any vacancies on the Advisory Board shall be for the remainder of the unexpired term. Advisory Board members shall be sought in accordance with and shall meet the qualifications for membership and requirements outlined in Ordinance No. 01-55, as amended, or by its successor ordinance. Notwithstanding the foregoing, the Airport Authority members serving immediately prior to this Ordinance's adoption shall fulfill the remainder of their appointed terms as the initial appointees to the Advisory Board. Subsequent appointments shall be for four-year terms. , SECTION FOUR. Removal from Office; Failure to Attend Meetings. Removal from office and attendance requirements shall be governed by Ordinance No, 01-55, as amended, or by its successor ordinance, .~ Page 3 of5 ..-..----- _...~ -~-".'-" _M_"" _ _Agenda Item No. 17D arc , Page 18 of 20 SECTION FIVE. Offiters; Quorum; Rules of Protedure. At its earliest opportunity, the membership of the Advisory Board shall elect a chairman and vice chairman from among the members. Officers shall serve for a one-year term with eligibility for reelection. The presence of four (4) or more members shall constitute a quorum of the Advisory Board necessary to take action and transact business. The Advisory Board shall, by majority vote of the entire membership, adopt by-laws for the scope and transaction of business to be approved by the Airport Authority. The Advisory Board shall keep a written record of meetings, resolutions, findings and determinations. Copies of all Advisory Board minutes, resolutions, reports and exhibits shall be submitted to the Airport Authority. SECTION SIX: Indusion in the Code of Laws and Ordinantes. The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Flonda. The sections of the Ordinance may be renumbered or re- ,[;( cered to accomplish such, and the word "ordinance" may be changed to "section," "article," or ~ilY other appropriate word. SECTION SEVEN: Conflid and Sevtrability. In the event this Ordinance conflicts with any other Ordinance of Collier County or other a,)plicable law, the mor~ restri~tive shall apply. If any phrase or portion of the Ordinance is held in','alid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. -,'~.,.. ". . .'.~" . '. ;.;;~ '-".> . "?"~' ".....', . ,.--...... .,' " " ."'/c' ~_ _ . Page 4 of5 Agenda Item No. 170 March 9, 2010-- Page 19 of 20 "..-. SECTION EIGHT: 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: DvnOHTE.BROCK,CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: .,.,,"- \'\h \2)~ Jennife~White Assistant County Attorney - Page 5 of5 _n ."~"._'._...,..___.__......",__. ~~ ..~.__., ,____ _ "_",_e...-,__."_...__. " Naples Dally NeWll . Friday, February 26, 2010 · 23D ~:~:;;'::::~o>:=~:.;;::~:=,:.7.:=?i:..:::~:,:=::-:,::::~.':~':<:.~::~<:::::--::~:~:,:~::--~.~:_::'_':':,",:;_::~:;':~,~:,^'::-:::::;-::;-, ~::'~ :;::::::::.::;:::::::::;::::-:' . u. .._.... ... n'_"_~_"""'''''',~~'~_ ... ...-." . - ,.'"u. .". ~~ - NOTICE OF INTENT TO CONSIO'ER ORDINANCES Notice is hereby ~iven 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 wlll 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 BOARO OF COUNTY COMMISSIONERS OF COLLIER COUN-, TV. FLORIDA, AMENDING ORDINANCE NO. 2004-03, KNOWN AS THE COLLIER COUNTY AIRPORT AUTHORITY ORDINANCE, BY AMENOING SECTION,THREE, .OEF- INITIONS:' SECTION FOUR, "CONTINUANCE OF AUTHORITY: AIRPORT 'BOUNOA- RIES:. SECTION FIVE, .GOVERNING BODY: MEMBERSHIP: APPOINTMENT AND TERMS OF OFFICE;. SECTION SIX, 'COMPENSATION OF MEMBERS:., SECTION SEV- EN, 'POWERS, FUNCTIONS AND DUTIES;' SECflON EIGHT, . ANNUAL WOR.SHOP: BUDGET AND REPORTS:. SECflON NINE, .AOMINISTRATIVE COOE;. SECTION TEN, "EXECUTIVE DIRECTOR:. SECflON ELEVEN, .NON-INTERFERENCE." ANa SECflON FOURTEEN, ."ADOPTION OF RULES AND REGULATIONS PREVIOUStv ADOPTED BY THE COLLIER COUNTY' AIRPORT AUTHORITY;" IN ORDER FOR THE' BOARD OF COUNlY COMMISSIONERS TO SERVE AS THE GOVERNING" BOARD OF THE COLLIER COUNTY AIRPORT' AUTHORITY, AND PROVIDE THAT THE AIRPORT AUTHORITY EX- ECUTIVE DIRECTOR REPORT TO AND SERVE DIRECTLY UNDER THE BOARD OF COUNTY COMMISSIONERS ACTING AS THE AIRPORT AUTHORITY: PROViDING FOR .,CONFlICT AND SEVERABILITY; PROVIDING FOB INCLUSION IN THE CODE OF LAWS AND ORDINANCES: AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE BOARO OF COUNTY COMMISSIONERS OF COLtiER COUN- TY, FLORIDA, 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 invitt;d to attend and be heard. NOTE: All persons wishing .10 speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will 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. If recog~ nized by the Chairman, 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 included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the, respective 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 days 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 is made, which record includes the testimony and evi- dence upon which the appeal is based. ' '- If you are a person with a disability who needs any accommodation in order to par- tiCIpate in this proceeding; you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Managemeot Depart- ment, located at 3301 Tamiaml Trail East, Building W, Naples, Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Offke. BOARD OF COUNn' COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By; Martha Vergara, Deputy Clerk -E.e.bruarv 26. 2010 , - ~ " .._.___...u_~__,._ __.~ ------- -_._--,~'-'._' . , " , ' , I " I I " I' \ , " ,\ " I , Agenda Item No. 17D March 9, 2010 Page 20 of 20