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Agenda 01/25/2011 Item # 9A . . . 1/25/2011 Item 9.A. 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 eollier eounty 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 (1) year in length, and to negotiate and enter into airport related agreements and leases less than one (1) year, all without approval by the eollier eounty Airport Authority. Prior to the Board of County Commissioner's designating itself as the eollier eounty 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 eollier eounty Board of eounty eommissioners 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 eollier eounty 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 facilities to be paid by owners, tenants, or occupants of each parcel of land 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: ***** Packet Page -105- . . . 1/25/2011 Item 9.A. (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 defmed Board policy. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: The item was reviewed by the eounty Attorney and is approved for legal sufficiency. Rescinding this policy requires simple majority vote by t.he Authority. -JAK RECOMMENDATION: That the eollier eounty 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: eommissioner Georgia A. Hiller, Esq. Packet Page -106- . 1/25/2011 Item 9.A. COLLIER COUNTY Board of County Commissioners Item Number: 9.A. Item 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. Meeting Date: 1/25/2011 Prepared By Name: BrockMary Title: Executive Secretary to County Manager, CMO 1/12/2011 3:46:47 PM Submitted by . Title: Executive Secretary to County Manager, CMO Name: BrockMary 1/12/2011 3:46:48 PM . Approved By Name: KlatzkowJeff Title: County Attorney, Date: 1/13/2011 4:39:29 PM Name: KlatzkowJeff Title: County Attorney, Date: 1/14/2011 3:30:11 PM Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management & B Date: 1/14/2011 3:55:20 PM Name: OchsLeo Title: County Manager Date: 1/15/2011 3:35:06 PM Packet Page -107- 1/25/2011 Item 9.A. . . . Packet Page -108- 1/25/2011 Item 9.A. . eollier County Airport Authority Administrative eode 600 Fiscal Matters Effective Date: 5/22/06 631 Revenues Revised Date: ehairrnan Review and Approve: 5/22/06 Attorney's Review and Approve: PURPOSE: Policy regarding guidelines used to set rates and fees for the receipt of revenues assoCiated.with the use of airport land, facilities .and services t~ be paid by airport users, tenants, licensees or occupants for terms less than one (1) year. . . . T 'RnAL ""/11\.T<;1IDED A TI()1\.T. ('\rdl'n"''''''~ NO TO' 2004 3 LJ.L.J'--J ,-,,-,.1",u ...V"J.... ,--,'1'0:,. '-' u.LJ.'-''''.L. VV "" POLley: This policy allows the Exe~utive Director to set rates and fees to the estimated fair market value on products, services, and agreements with terms up to and including one (1) year in length. These include month to month, daily and one time use fees for charging user fees for the use of the airports services. and facilitie.s. The rates and fees will be established with the goal of . consistently maintaining fair market value of the Airports products, services, and facilities. Agreements entered. i?-to for a penod of greater than one (1) year will be negotiated on a case by case basis and approved by the Airport Authority Board.. This policy is not all-inclusive and, . wher~ ~xclusions exist, application of the Airport Leasing Policy or industry practices shall be applied on a case-bY-9aSe basis. . 4RA Packet Page -109- - No ~ -=& II 0 .