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The Monroe County v. State of Florida "showdown" over sewage projects and protection of environmentally sensitive land continues.  The Board of County Commissioners will discuss the tentatively agreed-to temporary building moratorium on environmentally sensitive land at this Wednesday's (January 21) BOCC meeting in Key West.  The county and the state disagree on how to define land to be protected.  All identified upland native habitat of two acres or more would be protected according to the tentative agreement, but now the county says they meant "only in Tier One", not adequate protection.  (See this Jan 14 Keynoter article for details.)   Discussion is scheduled for 3:30PM, at the Harvey Government Center at Truman and White.   The meeting agenda is summarized in this January 17 Keynoter article:

DCA deal moving ahead

But letter from Castille shakes county up

By Alyson Matley amatley@keynoter.com

The Monroe County Commission chambers are likely to be filled to the rafters Wednesday, when the County Commission discusses an agreement with the state that would bring about a short-term building moratorium for the Keys’ most precious lands.

An agreement hammered out Jan. 6 in Key West pledged further protection for endangered habitat in exchange for money to eventually purchase those lands.

County commissioners agreed to impose a temporary building moratorium on sensitive parcels of two acres or more, and the state Department of Community Affairs promised $93 million in land acquisition funding. In addition, the agreement contained pledges by both sides to invest in funding for wastewater treatment upgrades.

This week, DCA Secretary Colleen Castille questioned the language of the agreement. In a letter to county Mayor Murray Nelson, she wrote, "I believe that we must apply the moratorium countywide to ensure the habitat protection consistent with the directions of the governor and Cabinet."

Under her interpretation, the moratorium would address all undeveloped Keys land, not just those defined as Tier One in the county’s mapping system. Tier One lands are considered the most environmentally fragile. Tier Two lands are considered partially developed and partially buildable. Tier Three lands are where significant development has taken place, and where there are scarified lots.

Since that letter arrived, Nelson said he has been unable to talk with Castille.

"We’re going to move forward as if we have a deal," said Nelson. "If the state thinks otherwise, they’ll have to let us know."

The moratorium resolution is set to be discussed at 3:30 p.m. Wednesday. Also on line for the meeting, which starts at 9 a.m. at the Harvey Government Center in Key West:

- Approval to increase the number of beds at Bayshore Manor from 16 to 20. As the only county-run assisted-living facility, the facility in the past has provided beds for as many as 40. Although the need is great, Social Services Director Louis LaTorre says the increase would not have a financial impact on the county budget.

- Approval to receive a $250,000 grant from the Florida Fish and Wildlife Commission to help offset the county’s cost of boat pumpout facilities.

- A proposal to commit $1.3 million in infrastructure funds to offset the costs of wastewater projects at Conch Key and Bay Point. This money was initially earmarked for a decentralized sewer system. In April, the commission decided to abandon that project.

- A settlement with the property owners of what has, over the years, earned the name of "stairway to heaven." The unfinished oceanside Summerland Key house has been stalled in litigation for years, as the county fined the owners for the unsafe structure. Now the owners have agreed to donate the parcel – stairs and all – to the county in settlement of the $187,000 judgment against them.

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