Item P7 P.7
County �� � .�� BOARD OF COUNTY COMMISSIONERS
Mayor Craig Cates,District 1
Mayor Pro Tem Holly Merrill Raschein,District 5
The Florida Keys
Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
County Commission Meeting
April 19, 2023
Agenda Item Number: P.7
Agenda Item Summary #12010
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Nathalia Mellies Archer 305-295-
3172
None
AGENDA ITEM WORDING: Approval of an Ordinance creating the Richard A. Recupero Park
at the Hawk Missile Site and providing park hours and permissible and prohibited activities.
ITEM BACKGROUND: On March 22, 2023, the BOCC approved a revised Interlocal Agreement
(ILA) between the City of Key West and Monroe County setting forth the terms for the conveyance of
the Hawk Missile Site from the City of Key West to Monroe County. The conveyance is necessary as
the Key West International Airport (KWIA) is preparing to undertake the taxiway "A" extension and
improvement project in order to improve the safety at KWIA. THIS PROJECT DOES NOT EXTEND
THE RUNWAY WHATSOEVER. Due to environmental impacts of the project, the County has to engage
in mitigation including obtaining a permit from the South Florida Water Management District
(SFWMD). In order to satisfy permit requirements, the County has to own property proposed for
environmental mitigation. The airport director identified for mitigation two adjoining parcels known
collectively as Hawk Missile Site, which are owned by the City of Key West and adjacent to the airport.
As a result of the conveyance from the City of Key West, the County will own the Hawk Missile Site
parcels.
It is the vision and desire of the County to immediately provide and make available the areas not under
construction of the Richard A. Recupero County Park at the Hawk Missile Site in Key West as a public
park as soon as possible upon completion of the transfer from the City of Key West. Additionally, the
ILA between the City and the County requires the County to keep the Park "open and accessible to the
public for recreational purposes".
Opening the parcels as a public park requires a legislative designation by the Board plus the enactment
of rules establishing operating hours as well as permissible and prohibited conduct.
An appropriate ordinance has been drafted that sets forth the initial operating hours and rules for the
Richard A. Recupero County Park at the Hawk Missile Site. The proposed Ordinance would set the
rules for the park.
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PREVIOUS RELEVANT BOCC ACTION:
March 22, 2023 BOCC approved a revised Interlocal Agreement (ILA) between the City of Key
West and Monroe County setting forth the terms for the conveyance of the Hawk Missile Site from the
City of Key West to Monroe County.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Richard Recupero Park at Hawks Missile_04.04.23 final
FINANCIAL IMPACT:
Effective Date: Upon filing with the Secretary of State per F.S. 125.66.
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: Minimal cost for preparation of Park Rules signs and advertising costs.
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: N/A If yes, amount:
Grant:
County Match:
Insurance Required: N/A
Additional Details:
N/A
REVIEWED BY:
Bob Shillinger Completed 04/05/2023 12:22 PM
Pedro Mercado Skipped 04/05/2023 12:21 PM
Bob Shillinger Skipped 04/05/2023 12:21 PM
Purchasing Skipped 04/05/2023 12:21 PM
Budget and Finance Completed 04/10/2023 10:19 AM
Brian Bradley Skipped 04/05/2023 12:21 PM
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P.7
Lindsey Ballard Completed 04/05/2023 12:31 PM
Board of County Commissioners Pending 04/19/2023 9:00 AM
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ORDINANCE NO. -2023
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AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
PROVIDING FOR THE CREATION OF THE RICHARD A. 0
RECUPERO COUNTY PARK AT THE HAWK MISSILE
SITE AMENDING CHAPTER 18, ARTICLE II, TO
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INCLUDE A SECTION ON CONDUCT SPECIFIC TO THE
RICHARD A. RECUPERO COUNTY PARK AT THE HAWK
MISSILE SITE FOR PROHIBITED ACTIVITIES AND
REGULATIONS AND PARK HOURS; AND PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING
FOR INCORPORATION INTO THE MONROE COUNTY
CODE OF ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
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WHEREAS, under F.S. 125.01(1)(f), the Board of County Commissioners (BOCC) for
Monroe County is granted the authority, among others, to provide parks, playgrounds and
recreation areas; and
WHEREAS, the BOCC finds that public parks and recreation areas provide sites where
the families and citizens of Monroe County can benefit from and engage in healthy recreational W
activities; and
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WHEREAS, BOCC finds that the creation of parks and recreation areas are in the best ri
interests of the citizens of Monroe County; and
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WHEREAS, under F.S. 125.74(1)(g), the County Administrator has the authority to
supervise the care and custody of all County property; and U)
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WHEREAS, the County (Key West International Airport) recently acquired the City of 3:
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Key West property commonly referred to as the Hawk Missile Site; and X
WHEREAS, the County acquired the Hawk Missile for purposes of performing
environmental mitigation work in accordance with South Florida Water Management District
(SFWMD)permitting requirements and as required under permit application 4 220216-33227 for
mitigation of the"Taxiway A Extension and Mitigation Project"in order to improve the safety and
efficiency of operations at the Key West International Airport; and
WHEREAS, in exchange for the City transferring the Hawk Missile Site to the County,
the County has entered into an Interlocal Agreement (ILA) dated March 22, 2023 with the City W
and has agreed to, among other things,provide recreational improvements; and
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WHEREAS, the County, in accordance with the ILA with the City of Key West dated
March 22, 2023, wishes to rename the site so it shall now be known as the Richard A. Recupero
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County Park at the Hawk Missile Site and declares the site an official County park; and
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WHEREAS, the BOCC finds that providing the Richard A. Recupero County Park at the
Hawk Missile Site in Key West as a free and open public recreational area will offer additional
recreational opportunities that benefit the families and citizens of Monroe County; and 0
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WHEREAS, not only is it the vision and desire of the BOCC to immediately provide and
make available the areas not under construction of the Richard A. Recupero County Park at the
Hawk Missile Site in Key West as a public park as soon as possible upon completion of the transfer
from the City of Key West, but the ILA between the City of Key West and the BOCC transferring
the site requires the County to keep the Park "open and accessible to the public for recreational
purposes"; and
WHEREAS, without this enactment, the Richard A. Recupero County Park at the Hawk
Missile Site would not have enforceable rules and regulations, thus delaying the opening of the
park area for several months and it would not be available for the public to enjoy and benefit from
for some time; and
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WHEREAS,the Monroe County Sheriff and his deputies are authorized by law to enforce
Florida Laws and County Ordinances; and
WHEREAS, Richard A. Recupero County Park at the Hawk Missile Site must have
written rules established by Ordinance in order for the Sheriff and his deputies to enforce those S
rules; and
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WHEREAS, the County desires to clarify the hours of operation for the Richard A. ri
Recupero Park at the Hawk Missile Site and the hours set forth herein are effective at the stated
Park; and
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WHEREAS, the County desires to prohibit certain activities within the Richard A. A
Recupero Park at the Hawk Missile Site for the health, safety and welfare of the citizens and 2
visitors of Monroe County; and
WHEREAS, the amendments and addition to Section 18-30 of the Monroe County Code
of Ordinances will promote the health, safety and welfare of the citizens and visitors of Monroe L-
County; and
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WHEREAS, it is the intention of the BOCC that this Ordinance shall establish Richard A.
Recupero Park at the Hawk Missile Site as an official park and establish the initial rules and
regulations for the park,but that a more comprehensive ordinance will be considered at a later date
after public discussions and input, and that the future ordinance shall also be codified into the
Monroe County Code of Ordinances after regular meetings as to any further development, W
establishment, and implementation of Richard A. Recupero Park at the Hawk Missile Site.
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT THE MONROE
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COUNTY CODE OF ORDINANCES IS HEREBY AMENDED AS FOLLOWS:
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SECTION 1: The above stated recitals to this Ordinance are hereby incorporated into this
Ordinance by the BOCC as the legislative intent pertaining to this Ordinance.
SECTION 2: ARTICLE 11. CONDUCT IN SPECIFIC PARKS shall be amended as
follows by creating an additional separate section titled "Richard A. Recupero County Park at the
Hawk Missile Site"to include the following language:
Sec. 18-30. —Richard A. Recupero County Park at the Hawk Missile Site
(a) Definitions. The following words,terms, and phrases,when used in this Section,shall have
the meanings ascribed to them in this subsection,except where the context clearly indicates
a different meaning:
Alcoholic beverage means any beverage containing more than one percent ethyl 0
alcohol by volume.
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Fenced, gated and posted area means the portion of Richard A. Recupero County
Park at the Hawk Missile Site that the County Administrator has, for purposes of public
safety and welfare, caused to be enclosed by fencing of any type, including,but not limited
to,chain-link fencing _and post-and-rail fencing,and has posted with signs s re_ag rding special
fencing,and has posted with si_ng s re_ag rding special
hours and parking prohibitions.
Richard A. Recupero County Park at the Hawk Missile Site means the area in the 4-
City of Key West, Florida beginning at the Northeast corner of Parcel 41, "PLAT OF
SURVEY, PART OF LANDS FORMERLY OWNED BY THE KEY WEST
IMPROVEMENT, INC.", according to the Plat thereof, as recorded in Plat Book 2, Pagei
69, of the Public Records of Monroe County, Florida, thence S.19"03'22"E., along the 2
Easterly Line of said Parcel 41 a distance of 1692.60 feet to the Southeast corner of Parcel
41, thence N.86"30'52"W .• a distance of 974.45 feet to the Southwest corner of Parcel 41
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(Southeast comer of Parcel 42), thence N.86"30'52"W., a distance of 487.22 feet to the 3:
West line of the East one-half of Parcel 42, thence N.19"03'22"W., along the said West X
line of the East one-half of Parcel 42 a distance of 1132.26 feet to the North Line of Parcel
42, thence N.70"56'38"E., a distance of 450.00 feet to the Northeast corner of said Parcel
42 (Northwest corner of Parcel 41),thence N.70"56'38"E ., a distance of 900.00 feet to the
Point of Beginning. The parcel contains 1906780.50 square feet, or 43. 77 Acres more, or
less.
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The area does not include the F.A.A. site which commences at the Northwest corner
of said Tract 41; thence S 19"03'22" E., along the Southwesterly Line of Tract 41,
(Northeasterly Line of Tract 42) for 229.27 feet to a chain link fence and the Point of
Beginning; thence N.73"42'52"E., and along the said chain link fence a distance of 234.38 W
feet; thence S.02"37' 43"'W., a distance of 158.45 feet; thence N.81"23'00"W., a distance
of 71.28 feet; thence S.83"46'34"W., a distance of 236.64 feet; thence S.70"21'29"W., a
distance of 32.35 feet to a chain link fence; thence N.20"37'44"W., and along the chain
link fence a distance of 22.51 feet; thence N.40"18'01"E., a distance of 105.31 feet, along
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the chain link fence; thence N 73"42'52"E., and continuing along the chain link fence for
60.73 feet to the Point of Beginning. The F.A.A. site contains 35823.12 square feet or
0.82238 acres, more or less.
(b) Prohibited activities. The following activities are prohibited at the Richard A. Recupero 0
County Park at the Hawk Missile Site: 0
(1) Camping.
(2) Alcoholic beverages. Possession or consumption of alcoholic beverages is
prohibited without the written permission of the county administrator or his
designee. For the purposes of this section, the term "alcoholic beverage" means
distilled spirits and all beverages containing one-half of one percent or more alcohol
by volume.
(3) Glass containers.
(4) Golf balls and golfing. No person may hit or otherwise propel, place, or leave golf
balls in the park. 0-
(5) Fires, campfires, grilling, bonfires. No person shall cook, light or maintain any CL
cooking fire, campfire, or other fire without the written permission of the county
administrator or his designee.
(6) Drones. No drones shall be operated from and/or within the park.
(7) Fireworks. Use, handling, possession or discharge of fireworks or explosives are
prohibited.
(8) Overnight parking of private vehicles. There shall be no overnight parking of private w
vehicles without a parking permit issued by the county.
(9) No person may park, stand or stop a recreational vehicle or camper within the 4-
fenced, gated, or posted area of Richard A. Recupero County Park at the Hawk ri
Missile Site.
(10) No person shall enter any area of the park designated as under construction.
(11) Prohibited domestic animals, exceptions. Except for animals that assist disabled 2
persons, domestic animals are prohibited. No person may cause or allow any
domestic animal (of whatever size), other than an animal that assists a disabled
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person, to be brought to, or remain.
(c) Park to be closed during certain hours. Richard A. Recupero County Park at the Hawk
Missile Site shall be closed during the hours of 11:00 p.m. to 7:00 a.m. No person shall L-
enter or remain at the county park during the hours it is closed without the written 0-
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permission of the county administrator or his designee. This paragraph shall not create an 0
entitlement to access to the park between 7:00 a.m. to 11:00 p.m. if the City of Key West
closes Government Road sooner than 11:00 pm or reopens Government Road earlier than
7:00 a.m. on any particular day.
(d) Slyns. The county administrator or his designee must post the park entrance with a sign
briefly summarizing the park rules established by this ordinance.
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(e) Parking. Parking shall only be permitted in designated parking areas.
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(f) Penalties. Violations of this section shall be prosecuted in the same manner as
misdemeanors are prosecuted. Such violations shall be prosecuted in the name of the state
in a court having jurisdiction of misdemeanors by the prosecuting attorney thereof and
Mon conviction shall be punished by a fine not to exceed $500.00 or by imprisonment in
the county jail not to exceed 60 days or by both such fine and imprisonment. 0
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SECTION 3: SEVERABILITY. If any portion of this ordinance is for any reason held a�
invalid or declared to be unconstitutional, inoperative or void, such holding shall not affect the
remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be
inapplicable to any person,property or circumstances, such holding shall not affect its applicability
to any other person,property or circumstances.
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SECTION 4: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict.
SECTION 5: INCLUSION IN CODE OF ORDINANCES. The provisions of this
ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe,
Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform
to the uniform numbering system of the Code.
SECTION 6: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be
filed with the Department of State and shall be effective as provided in section 125.66(2), Florida
Statutes. W
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 4-
Florida, at a regular meeting of said Board held on the day of 2023.
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Mayor Craig Cates
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Mayor Pro Tem Holly Merrill Raschein
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Commissioner Michelle Lincoln
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Commissioner Jim Scholl
Commissioner David Rice
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(SEAL) BOARD OF COUNTY
Attest: KEVIN MADOK, Clerk COMMISSIONERS OF MONROE
COUNTY, FLORIDA
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By By.
As Deputy Clerk Mayor/Chairperson
.4y�,NROE COUNTY
AOVE "I LFF'O",RM
EM
ASSP TA =MRNd Y
Date 4/4/23 Packet Pg. 3440