FOR IMMEDIATE RELEASE

Contact:  Pete Winton, Lee County Administration
               (239) 335-2777

BOARD TAKES CAUSEWAY ACTIONS/FORWARDS MANATEE PLAN

FORT MYERS, Fla. (January 20, 2004) - The Board of Lee County Commissioners today took two actions (all votes were unanimous) at its regular weekly meeting to keep replacement of the Sanibel Causeway bridges on track and expedite the legal process after two lawsuits were filed last week.

The lawsuits were filed by the City of Sanibel and "Save Our Bay" organization and claim the county has broken agreements by deciding to replace, instead of rehabilitate, the Causeway's drawbridge. The lawsuits also stopped the county's plan to finance the replacement of the Causeway's bridges with a bond sale.

Today, the Board:

1. Approved a $20 million loan from the county's General Fund Reserves to keep the replacement of the Causeway's fixed bridges (Spans B and C) moving forward, even without permanent financing in place. The replacement of those two fixed spans is estimated at $30 million, with the additional $10 million coming from surplus tolls that have been generated by the Causeway.

2. Approved a resolution finding that "an immediate danger to the public's health, safety or welfare exists" with respect to the drawbridge that requires immediate action by the county. The intent of the resolution is to expedite the legal process. When one government entity sues another government entity in Florida, state law requires the entities to enter into an administrative - mediation or arbitration - process before a court hearing can be held - something county attorneys estimate could take up to two years - UNLESS a supermajority of the governing body votes that there is an immediate danger that requires immediate action.

Commissioners and engineers cautioned that the resolution DOES NOT MEAN that the Causeway bridges are unsafe for travel. It does mean, however, that the bridges continue to corrode and a significant delay in the replacement of the drawbridge could potentially jeopardize the public's safety.

For now, the bridges are being inspected monthly by the county, quarterly by its consulting engineers and semi-annually by the state. This continued monitoring, with the speed, weight and safety measures already implemented over the last year, make the Causeway safe for motorists during the reconstruction.

The county has a hearing scheduled before Circuit Judge James Seals on Wednesday, Jan. 28 at 1:30 p.m. to consider the motion to proceed directly to a court hearing on the merits of the county's case.

In other action Tuesday:

Manatees - Approved sending Lee County's Manatee Protection Plan to the state (Florida Fish and Wildlife Conservation Commission) to begin the formal approval and adoption process, and to incorporate the boating facility siting element on the plan into the county's comprehensive plan.

The proposed plan can be viewed at www.lee-county.com/naturalresources/MPP.htm. If the plan is approved by the state, the county will adopt various elements into the comprehensive plan and write regulations to accomplish other elements of the plan.

Background:

The Florida Manatee Sanctuary Act was adopted in 1978 in order to protect manatees and manatee habitat. As part of that Act, boat speed zones were developed in Lee County in 1979 and significantly expanded in 1989. Also in 1989, the Governor and Cabinet issued a Policy Directive identifying 13 key counties, including Lee, where comprehensive manatee protection plans should be developed. The 2002 Legislative Session resulted in an amendment to the Act that made the protection plans the specific obligation of the key counties. Plans must be submitted to the Florida Fish and Wildlife Conservation Commission (FFWCC) for review and approval by July 1, 2004. The FFWCC has not yet adopted rules detailing the consequences in Counties failing to meet the specified deadline.

The Plan has been drafted by Natural Resources Division staff to be consistent with direction in the Sanctuary Act, and draws on original work as well as recent studies completed by outside agencies. It includes the required elements: education about manatees and manatee habitat; boater education; an assessment of the need for new or revised manatee protection speed zones; local law enforcement; and a boat facility siting plan to address expansion of existing and the development of new marinas, boat ramps, and other multislip boating facilities. The Sanctuary Act states that the boating facility siting element (Section 8 of the Plan) shall be incorporated into the comprehensive plan. The January 2004 Plan has been significantly revised since the January 2003 Management and Planning meeting including major changes in Section 8 (Marine Facility Siting Requirements) and inclusion of Section 10 (Recommendations).

Several draft versions of the Plan have been sent to FFWCC and revised to address their comments. It is anticipated that the formal adoption process would involve review by the appropriate County Committees (LPA, EROC, Waterway Advisory) and review by the Executive Director of the FFWCC and any staff and outside agencies he deems appropriate (likely to include US Fish and Wildlife Service). Any comments would come back to the BOCC within the context of a public hearing to consider adoption of a Plan that meets with FFWCC approval.