The Monroe County Commission will formally put in writing what it has said for months. The commission is not interested in partnering with the Navy on a land use study dealing with jet noise and development around the Boca Chica Airfield.

The commission, at its meeting in Key West on Wednesday, will approve a letter to Naval Air Station Key West officials telling them the county will not enter into what is known as a Joint Land Use Study.

The study would have allowed an independent nonmilitary agency of the county's choice to study the ongoing problem of jet noise and development around the airfield, and come up with recommendations about acceptable development around the base. The study, which would have been funded in part by federal grant money, also would have set up a committee comprising civilians to help formulate the recommendations.

The County Commission has not been in favor of the plan because commissioners believe the county could be locked into recommendations, which could include prohibiting development on certain properties near the base. Commissioners fear such prohibitions could open the county up to "takings" lawsuits, or force the county to spend millions of dollars purchasing land around the base.

If the county agreed to the study and accepted the federal grant to subsidize the study, it could be required to follow through on the recommendations, Navy and county officials said.

County commissioners have not been shy about voicing their objection to the Joint Land Use Study, and the Navy has asked them to formally put their position in writing. This would officially take them out of the running for the grant money set aside for the study, said Jim Brooks, spokesman for Naval Air Station Key West.

"This (study) would not be in the best interest of our residents," said County Commissioner Kim Wigington, who represents the area most impacted by loud jet noise.

Base officials are at least pleased that there is more dialogue on the issue of development near the base, Brooks said.

"This whole thing has brought both sides to the table," Brooks said. "There have been regular meetings between our staff and county staff."

The debate over jet noise came to a head in March when the County Commission passed a resolution asking the Navy to stop flying F/A-18 Super Hornets until more tests could be done to determine how much noise residents around Boca Chica were being exposed to. Since then, Navy and county planners have met to discuss development around the base.

Also on the agenda

The commission on Wednesday also will discuss and give staff direction on converting Layton's fire department from a volunteer agency to a paid, career department. The plan could add another $450,000 to Monroe County's already cash-strapped budget.

The plan would bring seven paid firefighters to Layton in the 2009-10 fiscal year, which starts in October. Four more paid firefighters would be hired the following year, and four more the year after that, said county Fire Chief Jim Callahan, who supports the idea.

Layton is losing its core volunteer base, as older residents are physically unable to serve and younger ones are too busy with their paid jobs, Layton City Administrator Philip "Skip" Haring said. Many also have left the Florida Keys as it has become harder to find work and more expensive to live here, he said.

There are 14 registered volunteers in Layton, but only three to five show up for fire and medical emergency calls, Haring said. Three Layton volunteer firefighters responded to a medical emergency call recently, with two of the volunteers in their 60s and one in his 50s, Haring said.

Downstairs enclosures

The commission will discuss continuing talks with the Federal Emergency Management Agency (FEMA) about modifying the county's downstairs enclosure inspection rules. The County Commission already agreed to ask FEMA for amnesty for illegal rooms created before 2002, when the county began inspecting them. Downstairs enclosures in homes built after 1975 currently are limited to 299 square feet for storage space only. Living area is prohibited below flood elevation in those homes.

County Mayor George Neugent, Commissioner Mario Di Gennaro and County Growth Management Director Andrew Trivette have met once with FEMA representatives about the amnesty proposal.

Neugent on Wednesday will ask for the commission's reaffirmation of the proposal. Neugent and county planners plan to meet with FEMA officials in Atlanta in August to discuss the proposed program modifications.

"I just want to make sure that everyone is on the same page about this, so no one will later say I didn't know what we approved," Neugent said.

A grass-roots group that has pushed for legalizing downstairs enclosures for living space, Citizens not Serfs, has pulled its support of the county's proposal as it does not grant amnesty for all people with enclosures.

tohara@keysnews.com