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Agenda 01/11/2011 Item # 9D Agenda Changes Board of County Commissioners Meeting January 11, 2011 Withdraw Item 6B: Public Petition request by Keith M. Sowers requesting the Board of County Commissioners consider his request to participate in the Impact Fee Payment Assistance Program for the proposed U-Save Grocery Store in Immokalee. (Petitioner's request) Continue Companion Items 7A. 7B and lOB to the Februarv 22. 2011 BCC Meetine:: The Town of Ave Maria DOA-PL-2010-1751, SRAA-PL2010-1988 and Final Plat. (Petitioner's request) ADD ITEM 9D: RECOMMENDATION THE COLLIER COUNTY AIRPORT AUTHORITY RESCIND COLLIER COUNTY AIRPORT AUTHORITY ADMINISTRATIVE CODE POLICY NO. 631 AND REQUIRE ALL RATES & FEES CHARGED AT THE AIRPORTS BE SET, AND ALL AIRPORT RELATED AGREEMENTS & LEASES, BE APPROVED BY THE COLLIER COUNTY AIRPORT AUTHORITY. (COMMISSIONER HILLER'S REQUEST) Move Item 16C1 to Item 10F: Recommendation to award Contract #10-5599 to Stantec Consulting Services, Inc., in the amount of $341,534, Construction Engineering Inspection Services for the first stage of Phase IV of the South RO Wellfield Raw Water Transmission Main Repair Project, Project #70030. (Staff's request) Move Item 16F2 to Item 10E: Recommendation for the Board to approve an economic development agency report required by Section 125.045, Florida Statutes and authorize the County Manager to submit a copy of the report to The Office of Economic and Demographic Research. (Commissioner Hiller's request) Withdraw Item 16H5: Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Marco Island Area Chamber of Commerce Annual Installation Celebration and Leadership Marco Graduation on January 9, 2011 on Marco Island, FL. $75 to be paid from Commissioner Fiala's travel budget. (Commissioner Fiala's request) Withdraw Item 16K2: Recommendation to approve an increase in the purchase order for Grant, Fridkin, Pearson, Athan & Crown to a total of $115,000 for the case of Ker Enterprises, Inc., d/b/a Armadillo Underground v. APAC-Southeast, Inc. v. Collier County, Case No. 09-8724-CA, now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. (Vanderbilt Beach Road Project 63051) (Fiscal Impact an additional $50,000) (County Attorney's request) Note: Correction to Item 16D7: In the Executive Summary, the Staff Recommendation section should read, "To approve and authorize the Chairman to sign three (3) lien agreements for deferral" rather than two (2) agreements for deferral. Time Certain Items: Item 5D to be heard at 10:00 a.m. Item 121\ to be heard at 1:00 p.m. EXECUTIVE SUMMARY Recommendation that the Collier County Airport Authority rescind Collier County Airport Authority Administrative Code Policy No. 631 and require that all rates and fees charged at the airports be set, and all airport related agreements and leases be approved, by the Collier County Airport Authority. OBJECTIVE: To rescind Policy 631 and require that all rates and fees charged at the airports be set, and all airport related agreements and leases be approved, by the Collier County Airport Authority. CONSIDERATIONS: Policy 631 authorizes the Executive Director to set rates and fees to the estimated fair market value on products, services and agreements with terms up to and including one (I) year in length, and to negotiate and enter into airport related agreements and leases less than one (1) year, all without approval by the Collier County Airport Authority. Prior to the Board of County Commissioner's designing itself as the Collier County Airport Authority, the Airport Authority historically only met on a monthly basis (with no meetings typically held in July). This infrequency of meetings required the delegation of much of the Authority's fee setting and contract making powers to the Airport's Executive Director. Since the Collier County Board of County Commissioners meets far more often than the prior Airport Authority, this delegation of authority is no longer required. This recommended change is in keeping with intent of the Collier County Airport Authority Ordinance, which provides that the Airport Authority set all rates and fees and enter into all leases and agreements. The Ordinance provides in relevant part as follows: " Sec. 18-42. - Powers, functions and duties. (c) The Authority has the following powers and duties: ***** (6) To adopt by resolution a schedule of rates, fees and other charges for the use of the services, airports and airport facil ities to be paid by owners, tenants, or occupants of each parcel ofland or the user of any facility which may be connected with or provided service, use or availability of any airport facility.... (7) To sub-lease as sub-lessor, and to lease as lessee, to or from any person, firm, corporation, association, or body, public or private, any airport facility or airport property of any nature for the use of the Authority to carry out any purpose of the Authority. To grant easements, licenses and use agreements at each airport. ***** Sec. 18-45. - Executive director. ***** (d) The Executive Director shall: ***** lWOn 4gb l/l\/U ~. I o-C2. (2) Formulate and prepare recommendations regarding policies, rules and regulations, directives, programs, agreements, sub-leases, leases, contracts, and all other documents which require consideration, action, or approval of the Authority." This recommended change also comports with the overall policy of the Board that it does not delegate any of its actual authority, but simply authorizes staff to exercise ministerial authority within the parameters of defined Board policy. FISCAL IMPACT: None. GROWTH MANAGEMENT IMP ACT: None. LEGAL CONSIDERATIONS: The item was reviewed by the County Attorney and is approved for legal sufficiency. Rescinding this policy requires simple majority vote by the Authority. -JAK RECOMMENDATION: That the Collier County Airport Authority rescinds Policy No. 631 and requires that all rates and fees charged at the airports be set, and all airport related agreements and leases be approved, by the Authority. PREPARED BY: Commissioner Georgia A. Hiller, Esq. 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