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Backup Documents 10/22/2019 Item #16A 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP L /� 1,2 ENTS SENT lisaireAr 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 16 A2 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 Page 1of4 1 6 A 2 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 Page 2 of 4 1/0 1bAZ 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. Page 3 of 4 16A2 ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER CO Y, FLORIDA 0.4LIA442k, (...2410 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 Page 4 of 4 la