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Item N11 N11 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting March 20, 2024 Agenda Item Number: N11 2023-2260 BULK ITEM: No DEPARTMENT: Airports TIME APPROXIMATE: STAFF CONTACT: Pedro Mercado 9:00 a.m. AGENDA ITEM WORDING: A Public Hearing to consider an Ordinance amending section 5-21 of the Monroe County Code of Ordinances governing aircraft parking at the Key West International Airport. ITEM BACKGROUND: At the February 21, 2024 regularly scheduled board meeting the board adopted and approved a comprehensive set of rules and regulations governing the use of, and conduct at, Key West International Airport (KWIA rules & regulations) which was drafted by the Kaplan, Kirsch& Rockwell law firm and reviewed and edited by airport staff.At the same February 21, 2024 meeting, staff requested approval to advertise a public hearing to consider an Ordinance amending section 5-21 of the Monroe County Code of Ordinances which governs aircraft parking at Key West International Airport in order to conform and harmonize the KWIA rules & regulations with the Monroe County Code of Ordinances. PREVIOUS RELEVANT BOCC ACTION: February 21, 2024: The BOCC approved a Request to Advertise a Public Hearing regarding adoption of an ordinance amending section 5-21 of the Monroe County Code governing aircraft parking at Key West International Airport. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: 2922 Ordinance 5-21 Aircraft parking am end ment.pdf Business—Impact Estimate—Ord-5-21-Aircraft—Parlcing.pdf FINANCIAL IMPACT: Effective Date: Upon receipt by the Department of State Expiration Date: N/A Total Dollar Value of Contract: N/A Total Cost to County: Current Year Portion: Budgeted: N/A Source of Funds: CPI: Indirect Costs:Staff time and possibly new signs. Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Yes If yes, amount: TBD Grant: N/A County Match: N/A Insurance Required: No Additional Details: 2923 ORDINANCE -2024 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING SECTION 5-21 OF THE MONROE COUNTY CODE; AMENDING WHERE AIRCRAFT CAN BE LEGALLY PARKED; REGULATING THE USE OF AIRPORT APRONS; REQUIRING UNATTENDED AIRCRAFT BE PROPERLY SECURED; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Monroe County Board of County Commissioners (BOCC)promulgated Rules and Regulations for the Key West International Airport (EYW) at the regularly scheduled February 21, 2024 board meeting; and WHEREAS, the BOCC desires to codify the section of the Rules and Regulations which regulate aircraft parking at EYW. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: [Proposed Text Changes are presented in strikethrough to indicate deletions and underline to indicate additions.] SECTION 1: Section 5-21 Aircraft Parking shall be amended to read as follows: Sec. 5-21. -Aircraft parking. (a) No person may park an aircraft in any area on the airport except those designated, and in the manner prescribed, by the Airport Director. (b) Each person operating an aircraft on the airport shall use aprons only as assigned and consistent with any Operating Directive governing such use. 1 2924 (c) No aircraft operator may leave his or her aircraft unattended on the airport except in a hangar or otherwise in an adequately secured manner. (d) All illegally parked aircraft shall be removed from improper parking locations at the direction of the director of airports or his duly designated representative at owner's expense or user's expense at his sole risk. SECTION 2: SEVERABILITY. If any portion of this ordinance is for any reason held 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. SECTION 3: 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 4: 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 5: 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. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of March, 2024. Mayor Holly Merrill Raschein Mayor Pro Tem James K. Scholl Commissioner Craig Cates Commissioner Michelle Lincoln Commissioner David Rice (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA By By As Deputy Clerk Mayor/Chairperson POE COUNTY ATTonNEY 11OVE TjFOBRM 2 FEED ,J. UNTY ASStSTA A EY Date 3/6/24 2925 "e11UYY 'u BUSINESS IMPACT ESTIMATE! Meeting Date: March 20,2024 Proposed Ordinance Title/Reference: Ordinance governing aircraft parking at Key West International Airport(EYW) The Proposed Ordinance 0 does ❑ does not fall under one of the following enumerated exceptions:? 0 The proposed ordinance is required for compliance with Federal or State law or regulation; ❑ The proposed ordinance relates to the issuance or refinancing of debt; ❑ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ❑ The proposed ordinance is required to implement a contract or an agreement, including,but not limited to,any Federal,State,local,or private grant or other financial assistance accepted by the county government; ❑ The proposed ordinance is an emergency ordinance; ❑ The ordinance relates to procurement;or ❑ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders,development agreements and development permits,- b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73,Florida Statutes,relating to the Florida Building Code;or d. Section 633.202,Florida Statutes,relating to the Florida Fire Prevention Code. Summary of Proposed Ordinance and Statement of Public Purpose to be Served: EYW has experienced substantial growth since the adoption of prior regulations and ordinances that apply to EYW. It is necessary to amend the rules and regulations and the related implementing ordinances which are applicable to EYW to promote the safe, secure,efficient, and economically beneficial operation of EYW in light of the growth and development of aeronautical operations at EYW. Estimate of Direct Economic Impact on Private/For Profit Businesses: a. Estimate of Direct Business Compliance Costs: This ordinance is not intended to have a financial impact on any businesses in Monroe County. b. New Charges/Fees on Businesses Impacted:There are no new charges or fees included in this ordinance. c. Estimate of Regulatory Costs: This ordinance is not intended to financially impact any businesses in Monroe County. Good Faith Estimate of Number of Businesses Likely Impacted:Monroe County staff estimates that businesses are not likely to be financially impacted by this ordinance as the ordinance amends rules regarding aircraft parking. Any Additional Information: The ordinance implements the rules and regulations for the management,governance,and use of EYW. Business impact statement must be posted on the county's website no later than the date the notice of proposed enactment is published. 2 F.S.125.66(3)(c)(2023) 2926