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In yet another bait & switch on habitat protection, Commissioner Nelson tries to steer County Commission to reneg on environmental protection provisions he voted to approve at August's BOCC meeting.  The latest attempt by Commissioner Nelson to prove that Last Stand's legal challenge has plenty of merit is described in this October 1 article in the Key West Citizen:

County move shocks state

BY ANN HENSON

Citizen Staff

News that the County Commission might backtrack on its sewer agreement with the state sent "shock waves" through Tallahassee, according to a county commissioner who spoke with state officials Friday.

County Commissioner George Neugent said he traveled to Tallahassee on Friday to, among other things, take the temperature of the state government after this week's County Commission meeting during which the board decided to review its agreement with the state.

"Three weeks after the deal was done, Commissioner [Murray] Nelson is bringing it up to renegotiate," he said. "The buzz among staffers was that they were in a state of shock — that this cannot be happening."

The county and state spent months on a rule change that would allow an increase in the county's building permit allocation, money for sewer projects, affordable housing and help with purchasing environmentally sensitive lands.

The Cabinet delayed voting on the rule twice because of political squabbles between the county and the state-mandated sewer authority — the Florida Keys Aqueduct Authority.

Department of Community Affairs Secretary Thaddeus Cohen was dispatched to the Keys by Gov. Jeb Bush to bring both sides together.

The last piece of the agreement was finalized recently with the FKAA board and County Commission approving a lease agreement that spelled out each agency's responsibilities.

But at the same meeting, Nelson said he wanted to review part of the agreement — saving sensitive lands.

He said he wanted to take another look at the parcel size to be protected, currently set at 1 acre or greater, and he wanted to re-examine what breaks the parcels from being contiguous, which now is only U.S. 1.

Nelson said he believed the board was too hasty in its agreement.

"We want to buy the largest parcels, not the smallest," he said during the commission meeting. And, he added, by using only U.S. 1 as a dividing line, building costs would rise for hundreds or even thousands of lots, which would force out all but the wealthy.

Adopting the provision that U.S. 1 was the only divider "was a high-pressure, last-minute thing that I regretted when I walked out the door," he said.

Commissioner David Rice tried to temper Nelson's actions by suggesting that the board meet with the state and jointly review the two components.

But Neugent said that meeting may not appease the state.

"There will be a briefing of the Cabinet and governor's staff on Monday and the matter will be discussed," he said.

Contacted late Friday, Nelson said he didn't know that Neugent was in Tallahassee.

"I don't know why he went up there — to create problems, I guess," Nelson said.

The county again appears before the governor and Cabinet on Oct. 25, when the county's work plan will be reviewed. If the Cabinet finds that the county's work is not satisfactory, the county could, at the very least, lose building permits.

Growth Management Director Tim McGarry was not at all surprised at the state's reaction. McGarry said he called state officials the day of the commission meeting after Nelson said that Cohen was agreeable to being "more flexible."

McGarry said that was not the staff's understanding.

Nelson insists that Cohen told him on Tuesday, the day before the County Commission meeting, that the state would be more flexible.

"I'm hoping this will all work out," McGarry said Friday. "I got the impression that the state will hold off on reviewing our work plan, but I got that impression informally from staff."

McGarry said he hopes the anger will subside when his staff is finished "ground truthing" all lots in the Upper Keys next week. Ground truthing means surveying by ground to confirm the findings of an aerial survey.

He said he will use both common sense and science to determine which lots are attached to hammocks.

"If you have two vacant lots surrounded by homes, but across the street there's 5 acres, to say they are contiguous doesn't make sense," he said.

He said he and his staff would sit down and go through the criteria that make sense and bring state staff into the discussion.

McGarry believes the number of affected parcels will be reduced.

"People have got to understand that anywhere you have hammock, you have endangered species, whether they are actually there or not.

"This will not deny the ability to build, but it will make it more expensive," he said.

Neugent said he believes the commission must call a special meeting prior to the Cabinet meeting.

"I'm hoping that we can do some damage control to distance ourselves from this situation," he said. "The state is not happy."

State officials were contacted for comment, but did not return phone calls by press time.

ahenson@keysnews.com

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