Resolution 2005-430
I;;.. 91
RESOLUTION NO. 2005- 430
RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS SUPPORTING THE LEE COUNTY COMMISSION EFFORTS TO
FIND SOLUTIONS TO LAKE OKEECHOBEE FRESHWATER RELEASE ISSUES.
WHEREAS, the Board of County Commissioners of Collier County, Florida and the
residents of Collier County have been knowledgeable of and increasingly more aware of the
issues and problems associated with Lake Okeechobee freshwater releases and the South Florida
ecosystem; and
WHEREAS, Gulf water and marine life in Collier County are affected by the freshwater
releases; and
WHEREAS, as part of the approach to achieve solutions to South Florida ecosystem
problems, the Lee County Board of County Commissioners has endorsed the Lake Okeechobee
Estuary Recovery (LOER) initiative; and
WHEREAS, the Lee County Bqard believes that without certain actions being taken,
further damage is to be sustained for the lake and the estuaries as well as negative economic
impacts to Florida and South Florida tourism; and
WHEREAS, the Lee County Board believes a state of emergency exists and requests that
the emergencies as described in its letter to the Governor dated December 5, 2005 be recognized
and declared by the Governor; and
WHEREAS, the Lee Board's request for actions based upon a declared emergency
includes: (1) A Declaration of Emergency for affected estuaries; (2) Lake Okeechobee
Protection Act expansion; (3) The identification of unused or storm-damaged low-lying,
subsided or other overflow lands that are served by "Works of the District" that could receive
floodwaters; and
WHEREAS, the Lee County Board also recognizes private property rights of affected or
potentially affected landowners.
NOW THEREFORE, BE IT RESOL VED BY THE BOARD OF COUNTY
COMMMISSIONERS OF COLLIER COUNTY, FLORIDA that the Board endorses and
supports the efforts of the Lee County Board of County Commissioners relating to the issues of
Lake Okeechobee freshwater release and the South Florida ecosystem, more particularly iterated
in the Lee County Board of County Commissioners' December 5, 2005 letter to Governor Bush
attached hereto as Exhibit "A".
Adopted this 13th day of December, 2005.
BY:
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
BY: M !6l ~
Fred W, Coyle, CHAIRMA
05-HEN-O 1249/10
., LEE C~UNTY
SOUTHWEST FLORIDA
BOARD OF COUNTY COMMISSIONERS
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Wrirer's Dhct Dial Number:
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December 5, 2005
The Honarable Jeb Bush, Governor
Office of the Governor
TheCaplfai
Tallahassee, Fl 32399..0001
SUBJECT: EMERGENCY OECl.A.RA'nON
Oear Govemor Bush:
. The 88MS at hunicanes that began In 2004 Md have con1Jnued 10 aJmcst the present moment
has CI8BtBd unusual and crffJcaJ condidcns for the South Florida ecosysfBm. The ~lgnafur8.
example of fh&J critical condJtIon fs Lab OksechobeeIS watBr-lts total YO[ume and qualJfy.
The uMtCOgnI.zed victims 01 this condition are the estuaries to the east and wvest-ths St
LuclellndJan RIver and the CaIoosahatcheelChBrfotte Harbor SSZUaries.
What Is before the Lee Cotl'lty Commlssran is ftle concfusl~ that areas have been 1riaged"
wilhout public debate or leglslalive dJnlClfon. Nowhere in Everglades RestoraUon planning or
legislation Is there the concIuston that lhe quality of the estLiarIes and Ihe lake ltIaW were to be
sacrificed for UJe demands 01 a few businesses. Econcmtc as wet' as envlltlnmental Impacm
of the triage are broad and becamfng pervasive. .
The Laka Okeechabee Estuary Recovery (LOER) Inrtiative is a criUcaI and vital fim stBp. The
Lee County C~iss'on applauds and supports thfs Inttfatlve. Sadly. wftft'n a week rX.1Is
annOl.lncement. natunt demonstratad through Hwrfcane Wilma that we do not a:mtroI 1m
vagarities. Consequently. the invnedlate component of reIJsf for our estuaries and the rake
itself, the managed recesslon, was SfJspended, Even mote sad!y, continuous high discharges
are being made Co the estuaries to the east and west at catastrophic levels Ulat Will not even
aftbrtl relief to tha 'ake. Thts Is because not all options 818 befng exerdsed--them Br8 no
discfJarges to ttaa south beyond Ihe hrlgation needs of the growers to the south. All we arv
.fold Is hope that ft is a dry wlnfar and sprfng-as If praylng for drought and Its consequences
on grouncfwater USen1 Is to be' a ~lClIbls condition. Damage Is 10 be sustained for the 'ake
and the estuaries, without relief that could be aftbrded by water going to 'the sOulh, Its naturaJ
and historic dfrectlon until very recently.
For us, a atalB of eme~cy exists. It exists because some low-lyfng. subsided, or avertJow
. ~s 818 be'ng proteded from what should be considered normef wet condltfons. Thls
unusual prot.ecfiof'I afforded no where efse overburdens state fands fUrther south as-they
rece!ve unusual lflSCharges from lands that Bl8 naturally mundatBd, As tasUmony given the 9
County Coalition on December 1- JndJcafed. these even more southerly lands feet that they too
are In 8 state of emergency. '
The Lee County Board of County Commissione~ nKluesls that these emergencies be
recognized and dedared for What they are-Iong tenn and sustained damage to Florida's
economy. F1orfcfa's economy is dominated by tourism. And fourtsm Is sustained by a positfve
Image and a positive experience. We 818 a major part at tha\ IndUstry, and that Industry fa
being damaged In a long tenn, sustained manner. It Is l.I1necessary tb point out to you the
acfverse Press nationally that results from the effects these discharges are having.
P.O, Box 398, Fort Myers, Florlda 33902.0098 (239) 335-2111
Intemet addraA hUp:JIwww.leo-county.com
AN eQIJAL. oPPORT\JNt1Y AA=IFWATlVFA~ "'......II'WCD
EXHIBIT A
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We need a declared emergency to inspfre action. The acOon~ we need are:
, .
1. A Oeclaiatlon 01 Emetgency far our Estuaries, SUrveyed and doc;umentsd business
damages and wage losses haw occurred frDm the Induced flooding by vaat voJumu of
sadfment and nutrlent ladened waters. An Emergency DeclaratiOry, supported ~
Legislative aPIW~, I. needed 10 recognIze the hann and pRJVlde the vahJcle for
Q)lTJpeI1SeUon of damages to clammfng, aabbInll, and rtverlharbol" ffahJng businesses.
Documenf.8d damage to toUI'fsm buslnesses should aJso be covered by this dedaratlon,
2. Lake Okeechob8e Prol:8ction ArJ expansion. The Caloosahatct1ee Riwr. and lfs
attendant four Na(lonal WldJi1'8 Refuges deserve Ihe same ~ of water quafJ4'
delBnnI~ bal~ afforded LaIc8 Ol<eachobee, Loxahatchee Natfcnaj WlkIKa Refuge,
and the WatBr ConSEtMrtton Areas.
3. The ide!1tiftcaffon rI Unused or stDrrn ~ ~. subsided or other o,wriIow
rBods that 8tB aervect by the Worfcs of the Dlstricr 1fIat could receMt ftoodwatel'8. We
reques~ ltaat these landoWners be canladsd for teeeMng 111. declaration who WOUfdlhen
be reimbursed far any damages far remaining cmpe and the workef8 for lost wages. We
request thfs s1ate of emergency be in affect until th8 managed recessJan proposed In
LOER be undertaken. ..
We recognlz,ed and accePt the concept of shanJd ~Ity. Consequentty. we do not expect
relief from atll. discharges. even though the quafJly.tIseIls harmful. We do request tfIaf
enough land I;1e kJentitied 81d CCYered by 1118 emetgency 'decfaration that the floWs to Ihe
estuaries east and west be reduced Co Iess.than catastrophic IeveJa..-or enQUgh land lderdled
to enable the managed I8cess1on to begin thJs year, so tM LsIat can 8IBrt to I!lCOVW. gJvIng us
hope fer our own 1'8COV8'Y to begin In 2OOe. rather than 2007 as currenUy faracastBd. RIght
now. adversity Is not shared. A fawr8d area of the SFWMD Is being pratBct8d from the
adversity It Is ca~g elsewhere. Underiakfng the emergency dedamlon and Identlfytng
sUi1able lands would at least begin 10 afford us some hope for Impmwment, and some 8harlng
of!he adversity. .
Given the nab.u8 r:t Everglades Restoration, Accelerate and CERP lIBel( wiflreduce but not
resolve the problem d hfgh lake Iavela IlDf harmtiJl ~rgell fa file estuaries. &cabQs~ng
the places and funding mechanisms by whIch landowners can be cornpenaeted for S1Drfng
water ~r wet year. peak wet season conditions seems to be a necessary cornponent for
ensuting ~e South Florida economy in all lis components can continue to be ~e great part of
Florida's economic engfne that It It. The only lmmedlate nlllef th$ can be glyen Is ftMt quick
1dentfflcation of such landowners artd 1f1e ructlvatf~ r:t Bg(e8mt?nts used In the past for such
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Soard of Lee County CommissIoners DlstJ1ct #1 _ , .
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DIst1ct #5
Dougtas R. Sl Cemy
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DIs1rict#3