Item N12 N12
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: N12
2023-2259
BULK ITEM: No DEPARTMENT: Airports
TIME APPROXIMATE: STAFF CONTACT: Pedro Mercado
AGENDA ITEM WORDING: A Public Hearing to consider an Ordinance adopting a new section,
section 4-82, to Chapter 4 of the Monroe County Code of Ordinances establishing rules governing
animals 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 adopting a new section, section 4-82, to Chapter 4
of the Monroe County Code of Ordinances establishing rules governing animals at Key West
International Airport in order to conform and harmonize the KWIA rules & regulations with the
Monroe County Code of Ordinances section regulating animals.
PREVIOUS RELEVANT BOCC ACTION:
February 21, 2024: The BOCC approved a Request to Advertise a Public Hearing regarding adoption
of an ordinance establishing new section 4-82 of the Monroe County Code governing animals at Key
West International Airport.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
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Ordinance 4-82 -Animals at EYW v2.pdf
Business—Impact Estimate—Ord-4-82-Animals—at—EYW (1).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:
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ORDINANCE -2024
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
ESTABLISHING SECTION 4-82 OF THE MONROE
COUNTY CODE; SETTING FORTH REGULATIONS FOR
ANIMALS AT THE KEY WEST INTERNATIONAL
AIRPORT; 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
sets forth the regulations for animals at EYW.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1: Section 4-82 is established to read as follows:
Sec. 4-82. —Animals at Key West International Airport.
a. No Person may bring an animal into the Airport except:
1. An animal to be or that has been transported by air. Animals being transported
must be properly confined before entering the Passenger Terminal Complex
and/or must be restrained in a traveling container;
2. A service animal recognized as such by federal or Florida law;
3. An animal which remains inside a Motor Vehicle at all times;
4. An animal used for law-enforcement, rescue, or wildlife-management
purposes;or
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5. Animals otherwise authorized by the Airport Director to come onto the
Airport for a special event.
b. Any Person who brings an animal onto the Airport or has possession of an animal
thereon shall handle such animal in compliance with all Applicable Laws pertinent
to animal welfare.
C. All animals permitted by this section 4-82 must be restrained by a leash or confined
and completely under control.
d No Person other than those authorized by the Airport Director may hunt,pursue,trap,
catch, injure or kill any animal on the Airport.
e. No Person may feed or do any other act to encourage the congregation of birds or other
animals on the Airport.
£ No Person may permit, either willfully or through failure to exercise due care or
control, any animal to urinate or defecate on the AOA, in parking garage(s), on
sidewalks of the Airport, within any Airport building or in any other area at the
Airport, except within Pines Park, the Missile Site, and any other designated animal
relief areas. Any solid waste deposited by any animal in any area of the Airport shall
be immediately collected by the Person having custody or control of such animal.Any
Person having custody or control of an animal on the Airport shall be equipped to
collect such animal's solid waste when deposited.
g. Any Person whose animal displays aggression shall immediately remove it from the
Airport, except with respect to animals acting in the course of law-enforcement or
wildlife-management activities permitted by the Rules and Regulations.
SECTION 2: SEVERABIL,ITY. 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.
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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
ArPIIIOVE;�A, FOBRM
P ,J. WA
Asst
Date _ 3/6/24
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"e11UYY 'u
BUSINESS IMPACT ESTIMATE!
Meeting Date: March 20,2024
Proposed Ordinance Title/Reference: Ordinance establishing regulations for animals 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 impact
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 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 impacted by this ordinance.
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)
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DocuSign Envelope ID:67912C49-OF94-416E-B429-AE5989AOC41 D
FIRST AMENDMENT TO
EMPLOYEE INTERCHANGE AGREEMENT
(ISLAMORADA, VILLAGE OF ISLANDS)
THIS FIRST AMENDMENT TO EMPLOYEE INTERCHANGE AGREEMENT
(hereinafter "Amendment") is made and entered into this day of September 2023, by and
between Monroe County, a political subdivision of the State of Florida, whose address is 1100
Simonton Street, Key West,FL, 33040 (hereinafter"County"), and Islamorada,Village of Islands,
a municipality organized under the laws of the State of Florida, whose address is 86800 Overseas
Highway,Islamorada,FL 33036 (hereinafter"Village")(hereinafter,when referred to individually
as "Party" or collectively as "Parties).
WITNESSETH
WHEREAS, Chapter 112, Part II, Florida Statutes, authorizes the interchange of
employees between governments, including counties and municipalities; and
WHEREAS, Section 112.24, Florida Statutes, provides that the details of an employee
interchange shall be the subject of an agreement between a sending agency and a receiving agency;
WHEREAS, August 6, 2023, the County and the Village entered into an Employee
Interchange Agreement ("Agreement") whereby the Parties agreed that the County would assign
Bryan Cook ("Cook"), Director of Employee Services for Monroe County, to the Village as
receiving agency, to serve as Interim Village Manager; and
WHEREAS, the Agreement provided that the initial term of the Agreement would begin
on August 7, 2023 and continue for sixty (60) days, to October 6, 2023 ("Initial Term"), and that
prior to the expiration of the Initial Term, the Agreement would be reviewed by the Village, at
which time the Agreement could be extended for a subsequent term not to exceed sixty (60) days
upon the approval of the Village Council and with the approval of the Monroe County
Administrator; and
WHEREAS, both Parties have indicated that they wish to extend the Agreement for an
additional term, not to exceed sixty (60) days; and
WHEREAS, the County has proposed to assign Ed Koconis, AICP, Administrative
Director for Monroe County, in place of Bryan Cook, who is needed to resume his duties for
Monroe County; and
WHEREAS, the Parties have agreed that Bryan Cook's assignment as Interim Village
Manager shall end on Friday, September 29, 2023, and beginning October 2, 2023, Ed Koconis
shall be assigned to serve as the Interim Village Manager for the remainder of the term of this
Agreement, as extended.
NOW, THEREFORE,in consideration of the mutual covenants and provisions contained
herein, the Parties agree as follows:
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DocuSign Envelope ID:67912C49-OF94-416E-B429-AE5989AOC41 D
RECITALS
1. Pursuant to paragraph (3) of the Agreement (Term of Agreement), the term of the
Employee Interchange Agreement is hereby extended by an additional sixty (60) days, through
December 6, 2023 ("Extended Term").
2. Bryan Cook shall cease to be assigned as the Interim Village Manager at close of
business on September 29, 2023, and Ed Koconis shall be assigned to serve as the Interim Village
Manager beginning 8:00 a.m. on October 2, 2023. Effective October 2, 2023, all references to
"Bryan Cook" or"Cook" shall be revised and replaced with the name"Ed Koconis"wherever they
appear in the Interchange Agreement.
3. Effective October 2, 2023, Exhibit A to the Interchange Agreement (Islamorada
Position Description signed by Bryan Cook) is removed and replaced with Exhibit A attached
hereto(Islamorada Position Description signed by Ed Koconis),which shall be incorporated in the
Interchange Agreement by reference.
4. In all other respects, all terms and conditions set forth in the Agreement remain
unchanged and in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement
this day of September 2023.
Approved as to form and legal sufficiency for BOARD OF COUNTY COMMISSIONERS
Monroe County, only: OF MONROE COUNTY, FLORIDA
Cynthia L. Hall Sr. Ass t Count Attorney Ro a
By: .... ., „µ .....
y y y ri nsi,'County Administrator
Date: September 27, 2023
Approved as to form and legal sufficiency for
the use of the Village Council only: ISLAMORADA, VILLAGE OF ISLANDS
DocuSigned by: DocuSigned by:
By.
,6%F , 6.
HFKX7FDDD1 ... F-8�@3k68BC�794-� ...
John J. Quick, Village Attorney Joseph B. Pinder, 111, Mayor
Date: 10/4/2023
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2934
DocuSign Envelope ID:67912C49-OF94-416E-B429-AE5989AOC41 D
Ratified by the Monroe County Board of County Commissioners on October 18, 2023.
(Seal) BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
By: By:
As Deputy Clerk Mayor
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