FOR IMMEDIATE RELEASE

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

BOARD ACTS ON UPPER CAPTIVA DEBRIS/MOVES FORWARD WITH PINE ISLAND COMPROMISE

FORT MYERS, Fla. (November 23, 2004) - The Board of Lee County Commissioners today approved the following items (all decisions were unanimous) during its regular weekly meeting (backup can be viewed at http://www.lee-county.com/meetings/agendafiles/2004/11-23-04/112304/112304.htm). They are:

Upper Captiva - Approved a plan to remove construction & demolition (C&D) debris from the north (developed) end of Upper Captiva Island. The county approved a contract of up to $425,000 with Crowder-Gulf to collect the debris, barge it to Pine Island, then truck it to the landfill. The county will be reimbursed through an MSTU (local taxing district) on the north portion of Upper Captiva. The county estimates there is 2,000-2,500 cubic yards of debris.

Pine Island - Agreed to initiate a Board of County Commissioners sponsored Lee Plan Special Amendment to address concerns raised by the Board regarding the Coastal Rural future land use category and other provisions of the Pine Island Community Plan. The process will take a minimum of six months.

Background:

The Board adopted an amendment to the Lee Plan (CPA2001-00018) consisting of the Greater Pine Island Community Plan Update 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.

Even though the challenge to the Pine Island Plan Amendment has been withdrawn, the county believes that there is an opportunity to address several of the issues that have been raised concerning portions of the Pine Island amendment. Staff recommends that the Board of County Commissioner pursue several amendments to the Lee Plan and other County regulations. These changes should be viewed in the spirit of compromise, fairness and equity (see attached analysis).

Tourism Advertising - Approved Tourist Development Council emergency funding for advertising to promote Lee County and amended the VCB's contract with its advertising vendor, BVK McDonald in an amount not-to-exceed $1.5 million for Hurricane Recovery Campaign emergency advertising. About $600,000 already has been spent for radio advertising, USA Today ads, and the local HUrriCANe HELP (U CAN HELP) campaign to patronize local businesses.