FOR IMMEDIATE RELEASE

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

BOARD APPROVES PINE ISLAND PLAN NEGOTIATIONS/REQUESTS 20/20 COMMITTEE LOOK AT BABCOCK ISSUE

FORT MYERS, Fla. (September 28, 2004) - The Board of Lee County Commissioners today approved the following items during its weekly meeting:

Pine Island Plan - Allowed the Greater Pine Island Community Plan Update (GPICPU) to proceed to a Nov. 29 state administrative hearing. In the meantime, county staff will work with both sides of the disputed "Coastal Rural" land use category to see if there is a compromise that can be reached. The Board will receive a status of those negotiations at its Nov. 1 Management & Planning meeting. See below for background on this issue:

The Board adopted an amendment to the Lee Plan (CPA2001-00018) consisting of the GPICPU on January 9, 2003. This plan amendment, among other things, created a new "Coastal Rural" land use category that was applied to several thousand acres of private property. The plan amendment has been challenged by landowners as not being in compliance with Florida Statutes, Chapter 163, and Rule 9J.5 of the Florida Administrative Code. Many landowners also complained that the effect of the new Coastal Rural land use category will be to significantly devalue their property, thereby entitling them to compensation under the Bert Harris Act. Pursuant to Board direction on December 2, 2003, the County Attorney engaged Hanson Real Estate Advisors, Inc., to study the effects of the plan amendment on Pine Island land value. The study prepared by Hanson Real Estate Advisors, Inc., estimated that, if the GPICPU goes into effect, it could result in a $60 million loss in market value to agricultural lands on Pine Island and result in possible claims against the County under the Bert Harris Act. Depending on the outcome of the negotiations and administrative law hearing, the county will have the opportunity to mitigate any Bert Harris Act claims.

Conservation 20/20 - Requested that the citizen Conservation 20/20 Advisory Committee (known as CLASAC) begin the process by which Lee County can determine the degree to which it may participate in the partnership for acquisition of the Lee County portion of Babcock Ranch and return a recommendation to the Board of County Commissioners. See background:

Babcock Ranch is located in Lee and Charlotte Counties. Lee County has taken the lead in forming a coalition of partners interested in purchasing Babcock Ranch to ensure it stays in its natural resource condition. Conservation 20/20 is the County lead program for such participation. The program has certain requirements that must be met, including public access and willing seller. Participation in the partnership may require the County to consider actions not common under 20/20, such as a dollar or percentage commitment of 20/20 funds to a multiyear buy out, or participation in voluntary actions such as voluntary condemnation which provides the seller tax advantages. CLASAC will be requested to discuss the advantages and disadvantages of approaches applicable to Babcock, and to identify if any changes are needed to implementing ordinances, if such are needed to pursue a desirable purchase arrangement.

Hurricane Relief - Approved an agreement designating the United Way of Lee County as the disbursing entity for $122,000 of local hurricane relief funds allocated by the Volunteer Florida Foundation.

Debris Removal - Approved a purchase order with Peterson Organics, not to exceed $150,000, for the removal of vegetative mulch at the county's staging sites and dispose of it at various agricultural facilities.

Incinerator - Approved a purchase order for the $6.2 million Martin GMbH stoker/combuster unit for the expansion of the Waste-to-Energy Facility.