Department
Department of Real Estate and Asset Management
Requested Action (Identify appropriate Action or Motion, purpose, cost, timeframe, etc.)
title
Request approval of an Ordinance to Amend Chapter 10, Article II of the Fulton County Code of Ordinances to create a new Division 4, Section 10-130 et seq., implementing rules and regulations for the leasing of property and facilities at the Fulton County Executive Airport - Charlie Brown Field. Effective upon approval by the Board. (APPROVED)
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Requirement for Board Action (Cite specific Board policy, statute or code requirement)
Pursuant to Fulton County Code § 1-117 and O.C.G.A. § 36-5-22.1(a), the Board of Commissioners has original and exclusive jurisdiction over directing and controlling all the property of Fulton County, according to law.
Strategic Priority Area related to this item (If yes, note strategic priority area below)
Infrastructure and Economic Development
Commission Districts Affected
All Districts ☒
District 1 ☐
District 2 ☐
District 3 ☐
District 4 ☐
District 5 ☐
District 6 ☐
Is this a purchasing item?
No
Summary & Background (First sentence includes Agency recommendation. Provide an executive summary of the action that gives an overview of the relevant details for the item.)
Scope of Work: Fulton County Executive Airport - Charlie Brown Field (the “Airport”) is used by the general public for a variety of aeronautical activities. As such, the Airport must establish rules and regulations in order to provide effective and safe operation of the airport. In addition, Fulton County is the owner/sponsor of the Airport who accepts federal airport grants, and as such, is bound by the conditions and assurances in the associated grant agreements. These obligations include grant assurances related to use of the Airport. Having a leasing policy at the Airport, provides protection against claims of discrimination by imposing consistent rules for leasing of Airport property.
The key purpose of the leasing policy is to provide staff with a process for the efficient leasing of Airport property depending on whether the property will be used for non-aeronautical purposes or for aeronautical purposes. Critically, the policy provides as follows:
1. Aeronautical. If an interest has been expressed by more than one (1) party to lease a particular piece of land and/or a particular facility for aeronautical purposes, or to offer a particular aeronautical service, the Airport shall develop a competitive solicitation in accordance with the County’s procurement process. If only one (1) party has expressed interest to lease a particular parcel of land and/or facility for aeronautical purposes, or to offer a particular type of aeronautical service, a Ground Lease Agreement shall be directly negotiated between the Airport Manager or his designee, in consultation and with the assistance of the Department of Real Estate and Asset Management (“DREAM”) and the business entity seeking to lease property and/or facilities from the County to determine if a lease agreement can be reached between the parties. In the event acceptable lease terms cannot be reached, the County shall inform the interested party in writing of the basis for cessation of negotiations.
2. Non-Aeronautical. For interest expressed by one (1) party or more than one (1) party to provide non-aeronautical services at the Airport, the County may elect to (i) negotiate with one (1) party over another, (ii) develop a competitive solicitation in accordance with the County’s procurement process, or (iii) inform the interested party or parties in writing that the County is not interested in entering into negotiations for the proposed services being offered.
It is the request of staff to implement rules and regulations for the operation, management and leasing of real property located at the Airport, to ensure the adequate protection of the health, safety, welfare of the traveling public and to optimize, where appropriate, revenue from leasing for non-aeronautical purposes and to provide consistency with respect to those providing aeronautical services.
The Fulton County Airport Manager and the Department of Real Estate and Asset Management are requesting the approval of the Fulton County Board of Commissioners to adopt an Ordinance to Amend Chapter 10, Article II of the Fulton County Code of ordinances to create a new Division 4, Section 10-130 et seq., to adopt rules and regulations for the leasing of property and facilities at the Airport.
Community Impact: The implementation of new rules and regulation for leasing property at the Airport will not negatively impact the community in which the Airport is located and is consistent with the Fulton County initiative that all people trust government is efficient and when appropriate implements procedures and policy that optimize service levels for all operations to include the management of lease agreements involving Fulton County and real property owned by Fulton County.
Department Recommendation: The Department of Real Estate and Asset Management and the Airport Manager recommends approval of an Ordinance to Amend Chapter 10, Article II of the Fulton County Code of Ordinances to create a new Division 4, Section 10-130 et seq., to implement rules and regulations for the leasing of property and facilities at the Airport.
Project Implications: Approval of the requested Ordinance to Amend Chapter 10, Article II of the Fulton County Code of Ordinances to create a new Division 4, Section 10-130 et seq.,will formalize Fulton County’s leasing procedures and conditions of occupancy for all tenants and potential tenants at the Airport.
Community Issues/Concerns: None.
Department Issues/Concerns: None.
History of BOC Agenda Item: None