Loading...
HomeMy WebLinkAboutItem Q02COUNTY of MONROE The Florida Keys BOARD OF COUNTY COMMISSIONERS Mayor Michelle Lincoln, District 2 Mayor Pro Tem David Rice, District 4 Craig Cates, District 1 James K. Scholl, District 3 Holly Merrill Raschein, District 5 Regular Meeting February 18, 2026 Agenda Item Number: Q2 26-0406 BULK ITEM: Yes DEPARTMENT: County Attorney TIME APPROXIMATE: N/A STAFF CONTACT: Pedro Mercado AGENDA ITEM WORDING: Approval to advertise a public hearing to consider adoption of an ordinance codifying the establishment of the ad -hoc committee on noise for the Key West International Airport. ITEM BACKGROUND: The ad -hoc committee on noise for the Key West International Airport was originally established by Board of County Commissioners action at the May 16,1995 regularly scheduled Board meeting. In order to enhance transparency with regards to advisory committee's the County desires to codify the composition, duties and the terms of office for the advisory committee. The FAA approved the County's noise compatibility program in 2015 and recommended the continuation of the ad hoc noise committee as part of the program requirements. Through that program, federal funds are provided for the noise insulation program (NIP) are used to fund sound attenuation features for residences near the airport. PREVIOUS RELEVANT BOCC ACTION: Approved, by board action, the creation of the ad -hoc committee at the May 16,1995 board meeting. Approved, by board action, increasing the number of members of the committee from 5 to 9 at the April 17, 1996 regularly scheduled board meeting. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION Approval DOCUMENTATION: Ad -Hoc Committee on Noise for the Key West International Airport Draft Ordinance FINANCIAL IMPACT: N/A Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Q2. Approval to advertise a public hearing to consider adoption of an ordinance codifying the establishment of the ad -hoc committee on noise for the Key West International Airport. ORDINANCE -2026 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, ESTABLISHING ARTICLE III SECTIONS 5-26 THROUGH 5-31 OF THE MONROE COUNTY CODE; CODIFYING THE ESTABLISHMENT OF THE AD -HOC COMMITTEE ON NOISE FOR THE KEY WEST INTERNATIONAL AIRPORT RETROACTIVE TO MAY 16, 1995; SETTING FORTH THE NUMBER OF MEMBERS OF THE COMMITTEE; ESTABLISHING THE COMPOSTION OF THE MEMBERS OF THE COMMITTEE; SETTING FORTH THE TERMS OF OFFICE OF THE MEMBERS OF THE COMMITTEE; SETTING FORTH THE PROCEDURE FOR THE FILLING OF VACANCIES ON THE COMMITTEE; SETTING FORTH THE REQUIREMENT FOR THE NUMBER OF MEETINGS TO BE HELD BY THE COMMITEEE; SETTING FORTH THE POWERS OF THE COMMITTEE; SETTING FORTH THE ADVISORY NATURE OF THE COMMITTEE; SETTING FORTH THE PROVISONS FOR AID BY COUNTY STAFF; 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) established the Ad -Hoc Committee on Noise for the Key West and Florida Keys Marathon International Airports for purposes, among others, of exploring any noise abatement procedures or devices which could be implemented to lessen the noise impact of aircraft operations at the regularly scheduled May 16, 1995 board meeting; and WHEREAS, at the regularly scheduled April 17, 1996 regularly scheduled board meeting the BOCC granted approval to increase the Key West Airport Ad -Hoc Committee on Noise from five members to nine members; and WHEREAS, the BOCC desires to ratify and approve of the current composition of the Key West Airport Ad -Hoc Committee on Noise which currently consists of a total of 11 members; and 1 WHEREAS, the BOCC desires to codify the board's previous action establishing the Ad - Hoc Committee on Noise for the Key West International Airport (KWIA) and approve of the composition and the mission of the committee; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1: LEGISALTIVE FINDINGS. The clauses set forth above are incorporated herein as findings of fact of the Board of County Commissioners of Monroe County. SECTION 2: ARTICLE III, SECTION 5-26 THROUGH 5-32 IS CREATED TO READ AS FOLLOWS: ARTICLE III. - AD -HOC COMMITTEE ON NOISE FOR THE KEY WEST INTERNATIONAL AIRPORT Sec. 5-26. - Created, number of members. There is hereby created and established a committee to be hereinafter entitled " the Ad -Hoc Committee on Noise for the Key West International Airport." The number of persons on said committee to be appointed by the board of county commissioners shall be eight, plus two designated alternates plus one county commissioner. Sec. 5-27. - Composition of membership, Chairperson The makeup of the committee shall consist of; four (4) representatives from the aviation industry and airport stakeholder sector, including, but not limited to, commercial air carriers, aviation service providers, airport tenants, or other aeronautical users, four (4) representatives from the City of Key West community; one (1) alternate representative from the aviation industry and airport stakeholder sector, including, but not limited to, commercial air carriers, aviation service providers, airport tenants, or other aeronautical users, one (1) alternate representative from the City of Key West community and one (1) representative from the Board of County Commissioners. The County Commission member shall be either of the Commissioners whose district boundaries include the boundaries of the City of Key West, currently District 1 and District 3. The County Commission member shall serve as the chairperson of the committee. Sec. 5-28. - Term of office of members; filling of vacancies. (a) The committee members from the airline industry and from the community adjacent to the airport shall continuously serve until such time as they resign or are removed by a majority vote of the Board of County Commissioners. Members of the committee may be removed by the board without cause. 2 (b) The County Commission member shall serve for the period of time the Commissioner is the elected representative of the district which includes the City of Key West within its boundaries. (c) If any vacancy occurs on the committee, the committee itself shall recommend an individual to fill the vacancy which shall then be voted on by the Board of County Commissioners. In the event the board does not approve the recommendation made by the committee, the board may vote on an individual selected by a member of the board or request that the committee provide an alternative recommendation. Sec. 5-29. - Meetings. The committee shall meet four times annually at dates and times agreed upon by the committee members. Sec. 5-30. - Compensation. No compensation shall be paid to the members of the Ad -Hoc Committee on Noise for the Key West International Airport. Sec. 5-31. — Powers; advisory nature of committee; aid by county staff (a) The Ad -Hoc Committee shall serve in a strictly advisory capacity to the Board of County Commissioners, acting through the Office of the Executive Director of Airports, or the Executive Director's duly authorized designee, and shall submit recommendations solely related to aircraft noise mitigation, abatement, and noise -impact reduction for official review and consideration. (b) The Executive Director of Airports, or designee, shall coordinate with applicable federal, state, and local governmental agencies, as well as retained Airport Consultants, for the purpose of conducting a comprehensive evaluation of each noise -related recommendation, including, but not limited to, an assessment of legal sufficiency, regulatory compliance, operational impact, fiscal implications, and overall technical and practical feasibility. (c) No recommendation of the Ad -Hoc Committee shall be deemed binding, nor shall any recommendation be implemented, adopted, or enforced absent further review, approval, and authorization by the appropriate County authority. (d) The Executive Director of Airports or his designee is authorized and may provide aid to the committee in its activities when requested. SECTION 3: 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 3 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 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. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 1 lth day of March, 2026. Mayor Michelle Lincoln Mayor Pro Tem David Rice Commissioner Craig Cates Commissioner James K. Scholl Commissioner Holly Merrill Raschein (SEAL) Attest: KEVIN MADOK, Clerk As Deputy Clerk 4 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairperson