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Monroe County Mayor Murray Nelson is dragging his feet on the enhanced version of the one-year moratorium in pine and hardwood hammocks which was passed in his absence.  From the May 1 Key West Citizen:

Mayor seeks special meeting

BY TRAVIS JAMES TRITTEN

Citizen Staff Writer

County Mayor Murray Nelson was fighting what appeared to be a losing battle this week to reassert his vision of a limited ban on development in the county's native hammocks and pinelands.

The fight is not over. On Friday, Nelson was planning to call a last-minute special county commission meeting that likely will be his last chance to recapture support before a final vote on the ban May 19.

The building ban is the keystone in a conservation deal that Nelson crafted and helped negotiate with the state Department of Community Affairs in January. The deal will allow construction of hundreds of new homes and expedite the public purchase of $93 million worth of sensitive natural lands.

But fellow commissioners are having trouble seeing Nelson's moratorium vision. While Nelson was absent last week, Commissioner George Neugent led the commission in a unanimous vote to greatly expand the ban to cover nearly all undisturbed natural lands in the county.

"I spent nine days of my life negotiating this deal and he wouldn't put off this vote until I was there," Nelson said, referring to Neugent. "I would say that is inconsiderate at the very least."

The moratorium version favored by Nelson would halt development for one year on parcels 2 acres or more of the county's most pristine lands, an area designated Conservation and Natural Areas.

The proposed ban is meant to give the county more time to create laws that permanently protect threatened hammocks and uplands.

At least three commissioners, including Neugent, said this week that an expanded ban covering all hammock and uplands of 1 acre or larger would be a better choice. Commissioner Charles "Sonny" McCoy was not available for comment this week, according to his office.

"I am in no way going to flip my vote because I think it is the right thing and I don't think there are going to be negative affects," Neugent said.

On Tuesday, Nelson sent a letter to local hospitals, utilities and community groups stating the commission's new direction could endanger the construction of much-needed workforce housing in the county and further drive up real estate costs, among other problems.

"My major concern on this issue is the taxpayers of Monroe County and the working families will be negatively affected by this," Nelson said.

The county could be responsible for the purchase of lands within the expanded moratorium, according to Nelson, which could be more than the county purse can handle.

"There is a huge amount of land that is going to be added to this Conservation and Natural Area," he said. "If we protect every lot, where are we going to get dollars to do that?"

Nelson also said there is scientific data to back up claims that there are no natural lands smaller than 2 acres that have significant habitat, so a 1-acre moratorium is not necessary.

Commissioner Dixie Spehar, who often votes as a block with Nelson and McCoy, said only the 1-acre ban can be drawn with existing county maps, and that she will not support any 2-acre moratorium that is not clearly mapped beforehand.

"I am not going to approve a moratorium on a person's land unless I can tell them whether they are in or out," Spehar said.

She said it is unlikely that the county staff could create 2-acre moratorium maps before the final moratorium vote this month.

Commissioner David Rice said he doesn't share Nelson's concerns and does not see a reason for shifting the county decision to expand the ban.

"I frankly don't agree with him on those issues," Rice said. "There may be other things I haven't heard yet and I will certainly listen to them."

The political debate may be healthy for the county though, he said.

"I think this whole process ... is designed to do exactly what we are trying to do, which is craft the best decision that we can," Rice said.

No firm date for the special commission meeting was available Friday, though it must be scheduled within the next two weeks.

Nelson said the meeting will be open to the public, but the commission will not take public comments.

DIFFERING VIEWS

A political battle is erupting over a planned county ban on development in hammocks and uplands for one year. Monroe County commissioners voted last week to expand a proposed moratorium and County Mayor Murray Nelson has been casting dire warnings over the changes. A final vote on the measure will be taken May 19.

Nelson says:

* Not considering paved residential roads as boundaries will allow challenges to every permit issued in Monroe County using the argument that a lot is contiguous with other lots, thereby meeting the 1-acre size requirement.

* There is no reason to have a moratorium on Tier II and Tier III lots and lands because that is where the county wants development to occur.

* Working families will be delayed by one to two years in building homes on any wooded lot — lots they have owned and paid taxes on for years.

* A county plan to build 100 homes in one year for workforce housing will be derailed. The county may not be able to move forward on workforce housing projects on any land that contains low-quality hammocks.

* Further land-taking legal claims could result.

* Local property owners could be alienated and angered, creating additional mistrust of county government.

* The county changes will be construed as pandering to special interest groups with an agenda to stop workforce housing and market-rate permits for local working families.

* Rapidly rising real estate values will diminish the ability of the state and county to buy existing environmentally sensitive lands and land for workforce housing.

Commissioner George Neugent says:

* Tier maps were never discussed — and this moratorium will only affect the properties within the Conservation and Natural Area and parcels of 1 acre or more outside of the CAN.

* There is a pipeline of more than a year's worth of building permits that is grandfathered.

* No one, including working families, will be affected during the 12-month period.

* There are no public facilities, that are presently proposed, that will be affected.

* County policy already adds negative points to properties in these areas that make it very difficult to build. And county policy does not allow permitting of affordable housing in this designation.

* Mistrust is created by those who disseminate misinformation and/or confusing and inaccurate information.

* Four commissioners, who I assume did their homework, voted in support of this amendment for the positive things it accomplishes.

ttritten@keysnews.com

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