CORTEZ – Motorists and others traveling along Cortez Road West, near the Cortez Bridge and the former Seafood Shack property, during Memorial Day weekend will encounter a closed intersection at 127th Street West. The intersection closure is associated with the Cortez Bridge Utility Relocation project.
The Cortez Road/119th Street West intersection remains open but there’s no outlet near the former Seafood Shack property for motorists who turn north on 119th Street West and travel along Harbour Landings Drive and 126th Street West.
A “No Outlet” sign remains in place at the intersection of Cortez Road West and 119th Street West. – Joe Hendricks | Sun
126th Street West remains open but motorists can’t make a left turn onto 127th Street West, near the humpback bridge, to reach the nearby Cortez Road intersection.
127th Street West is also closed at the 126th Street West intersection, at the humpback bridge. – Joe Hendricks | Sun
According to the project update Manatee County issued on May 15, “Pipe installation and related activities are ongoing in preparation for FDOT’s construction of the new Cortez Bridge, scheduled to begin in 2026. Construction is currently underway east of the Cortez Bridge on the north side Cortez Road West along the northern shoulder of 124th Court West; on 127th Street West between Cortez Road West and 126th Street West; and on the south side of Cortez Road West between 124th Street West and Avenue A. Work in these areas is expected to continue through summer 2025.
This map is included in the county’s May 15 project update. – Manatee County | Submitted
“Construction will also be active west of the Cortez Bridge, on the north and south sides of Cortez Road West, throughout the duration of the project, which is expected to be complete in spring 2026. Construction is active Monday through Friday between the hours of 7 a.m. and 7 p.m., with after-hours and weekend work to occur on an as-needed basis. Motorists, bicyclists and pedestrians are asked to remain mindful of construction vehicles, equipment, crews, materials and traffic patterns when traveling in and near the construction areas,” the update says.
This project schedule information is included in the May 15 update. – Manatee County | Submitted
The Cortez Road West/127th Street West intersection is closed. - Joe Hendricks | Sun
Utilities work is taking place on 127th Street West, near the old Annie’s Bait and Tackle location. - Joe Hendricks | Sun
CORTEZ – The Cortez Bridge utility relocation project will necessitate detours and closures to both vehicle and pedestrian traffic, according to an update from Manatee County officials.
East of the Cortez Bridge, a water main will continue to be installed on the north side of Cortez Road between the area of 127th Street West and 124th Court West. To accommodate this activity, the north shoulder of 124th Court West will remain closed through summer.
Beginning in late April and continuing through early summer, 127th Street West will be closed to vehicle, pedestrian and bicycle traffic at Cortez Road West north to 126th Street West as the contractor installs the pipe. The closure and detour will remain in effect 24/7 until work in this area is complete.
Regular construction activities will take place Monday through Friday between 7 a.m. and 7 p.m. Motorists, bicyclists and pedestrians are asked to remain mindful of construction crews, equipment, materials and traffic patterns when traveling in and near the construction areas. Construction schedules and activities are subject to change due to weather.
The sidewalk and bike lane on the south side of Cortez Road West east of the Cortez Bridge will remain closed between 119th Street West and Avenue B with a detour in place to direct pedestrians and bicyclists. 124th Street West, 124th Street Court West, 125th Court West, Central Avenue, and Avenue A will be closed at Cortez Road West with detours in place to direct motorists.
During active construction, travelers may also experience temporary/intermittent lane closures and flagging operations on the eastbound and westbound lanes of Cortez Road West to allow for the moving and delivery of construction materials and equipment. The sidewalk and eastbound merge lane on the south side of Cortez Road West west of the Cortez Bridge will be closed with detour signs in place.
CORTEZ – When the new 65-foot-high Cortez Bridge is constructed, it won’t be a drawbridge, so a bridgetender will no longer be needed, and a Cortez group wants to save the bridgetender’s booth at the top of the bridge.
The Cortez Village Historical Society (CVHS) has opened discussions with the Florida Department of Transportation (FDOT) about obtaining and preserving parts of the structure.
“I don’t have a specific idea in mind of what this is going to be,” CVHS President Cindy Rodgers said. “I’m hoping that we can brainstorm some ideas.”
On Aug. 16, representatives from FDOT, including Cortez Bridge Project Manager Ryan Weeks, visited the Cortez Cultural Center.
“This is my first time here and I really would like for us to look at some of the alternative items and walk the bridge, talk about some different things, things that would be easy to remove and display here,” Weeks said.
Rather than transport the entire building, which is a costly endeavor, discussions centered around preserving parts of the building.
“We’re interested in the stuff that’s in there,” Florida Institute for Saltwater Heritage (FISH) member Alan Garner said.
Some of the potential items for preservation discussed by CVHS and FISH members are the controls, lights and swing arms.
“Our discussions at FISH were what does that have to do with the actual village?” FISH Treasurer Jane von Hahmann said. “The more we thought about it, we thought Florida Maritime Museum might be a better fit, but we continue to discuss it.”
“As the link between Cortez and the Gulf Islands, the Cortez Bridge is part of our history. How many times have we traversed that bridge, getting that first glimpse of the sparkling Gulf on the other side, watching the pelicans dive for their dinner and people fishing for theirs,” Rodgers said. “It’s a part of Cortez history and we’d like to preserve what we can of that story for future generations. On the new bridge, there will be no bridgetender building or bridgetender. Eventually, drawbridges will probably become a thing of the past.”
Following tours of the center and the FISH Preserve, representatives from FDOT, CVHS, FISH and the Florida Maritime Museum headed to the bridge for a tour of the bridgetender house.
“I think we had a very good (and full) day – meeting at the Center, Alan and Jane gave a narrated tour of the preserve, lunch at Star Fish, then a trek to the bridge,” Rodgers wrote in an Aug. 16 email to The Sun. “We were able to go inside and to the downstairs area as well, and talk to the bridgetender. Which made me realize we really need to do oral histories with these guys; one of them has done this job for about 30 years – what stories he must have!”
Rodgers said CVHS will compile a wish list of what they would like to have and FDOT will let them know what is possible.
The drawbridge was constructed in 1956 with an estimated 50-year service life and multiple bridge repair and maintenance projects have occurred within the past 20 years.
The design phase of the new bridge began in October 2019 and is anticipated to be completed in spring 2025. The construction project will be awarded to the chosen contractor in summer 2025 with construction slated to begin in late 2025 or early 2026, according to the Cortez Bridge Project website, www.cortezbridge.com.
BRADENTON BEACH – Bradenton Beach Police officers Devon Straight and Tom Ferrara were at the Circle K near Bridge Street in Bradenton Beach when a concerned citizen came in and told them there was a man on the Bradenton Beach side of the Cortez Bridge screaming for help and running into traffic. The incident began around 7:35 p.m. on May 7.
“Myself and Officer Ferrara quickly responded and soon located the male standing in the middle of Cortez Road next to the Bradenton Beach Police station,” Straight said in a written report. “The male, later identified as Gregory Cawley, appeared wide-eyed and very anxious.”
Officers said that throughout the encounter, Cawley continued to reference people on the scene that weren’t there, including a group of people across the street that were watching the incident. No such group was present on the scene, leading officers to believe he was hallucinating and, due to his dilated pupils, they believed the incident was drug-related.
Straight’s report said Cawley was still fighting police and trying to break free even after EMS arrived and he was handcuffed to a stretcher. Once in the ambulance, he admitted to snorting and consuming crystal meth, although no drugs were found on him. Cawley was taken to HCA Blake Medical Center.
BRADENTON – The Florida Department of Transportation (FDOT) hosted a public information meeting to provide new details about the pending Cortez Bridge replacement project.
The informal setting at Kirkwood Church in Bradenton on Jan. 31 provided attendees an opportunity to view informational panels detailing various design and aesthetic aspects of the fixed-span bridge planned to replace the existing Cortez Road drawbridge, built in 1956.
FDOT representatives were on hand to answer questions and discuss the plans that include several recommendations provided by the Bridge Aesthetics Committee (BAC), which consists of 11 local residents, condominium owners and business owners who have met several times since the committee was formed in mid-2020. Comment sheets allowed attendees to share their written comments on the plans.
The informational slides, a 19-minute video presentation and more can be viewed at the project website. Comments can still be submitted online at the project website. Comments received by Feb. 10 will be included in the meeting summary to be released in late February or early March.
“I hope they got an under- standing of where we’re at with the current design of the bridge and hopefully we’ve been able to answer some of their questions,” FDOT Design Project Manager Ryan Weeks said during the meeting.
FDOT Communications Specialist Adam Rose said, “We’re showing the design of the bridge, as well as taking comments to better fit the bridge needs for the local public and the traveling public. We’re trying to facilitate every aspect of transportation we can on this bridge.”
Rose said FDOT has not yet decided what will happen to the existing drawbridge once the new bridge is completed. He said bridge replacement projects often result in the demolition of the old bridge, but some old bridges are converted into fishing piers instead.
“The department will eventually make that decision. We haven’t made that decision yet,” Rose said.
BAC member Connie Morrow attended the meeting and said, “The Department of Transportation worked with the aesthetics committee from the very beginning. One of the things we asked for was assurance that what we did and what we produced would carry through regardless of the height of the bridge so our efforts would not be a waste.”
The new bridge will feature four curved observation points. – FDOT | Submitted
Morrow said the images and information presented Tuesday night accurately reflect the BAC members’ recommendations, which include multi-column bridge piers, a sand-colored bridge and bridge columns, blue railings and light poles, four curved and bench-less observation points and a multi-wave design pattern for the retention walls at both ends of the new bridge.
Project details
The bridge replacement project contract is scheduled to be awarded to a contractor in the summer of 2025 and construction is expected to begin in late 2025 or early 2026.
The new bridge will be built north of the existing bridge, with horizontal curves at each end of the bridge that bring the traffic flow into alignment with the existing roadway. Motorists, pedestrians and bicyclists will continue using the existing bridge until the new bridge is completed.
At its highest point, the fixed-span bridge will provide at least 65 feet of vertical clearance
for vessels passing below. The new bridge will be 68 feet and 3 inches wide and consist of two 12-foot-wide travel lanes (one in each direction), two 10-foot-wide shoulders and two 10-foot-wide sidewalks buffered by concrete barriers.
The roadways approaching the bridge will feature two 11-foot-wide travel lanes (one in each direction), 6-foot-wide bike lanes and 10-foot-wide sidewalks.
The east end of the project will include the construction of a new road called Hunters Point Way that will connect Cortez Road and 127th Street West and provide access to businesses and homes in that area.
Coastal Watersports owner John Cadmus attended Tuesday’s meeting to learn more about the new bridge’s potential impact on his business. He wondered if parking spaces, bike racks and pedestrian amenities would be installed under the Cortez side of the bridge.
“They don’t seem to have parking under the bridge,” he said after speaking to FDOT representatives.
Bridge Aesthetics Committee member Connie Morrow shared her insight on the bridge plans, with FDOT Design Project Manager Ryan Weeks standing by her side. – Joe Hendricks | Sun
Coastal Watersports owner John Cadmus discussed the bridge plans with FDOT Design Project Manager Ryan Weeks (right). Joe Hendricks | Sun
“I think it’s going to be a great project. I’m supportive of the bridge, but I’m concerned that there’s no end date for the construction. They couldn’t tell me if it would be two years or five years,” Cadmus said.
Stormwater retention
The plans include three stormwater retention ponds identified as stormwater maintenance facilities along the southwest end of the bridge in Bradenton Beach. One retention area, SMF 3-1, is located near the Bradenton Beach police station. Two more are to be located near the Bradenton Beach Marina, including one, SMF 3-3, that will extend under the new bridge and impact the existing pedestrian and bike pathway there.
Bradenton Beach Mayor John Chappie is concerned about the retention area SMF 3-1 being located at the north end of the police department parking lot, which has metal railings that can be removed to provide direct vehicular access from Highland Avenue to Cortez Road if Gulf Drive is blocked during a storm, hurricane or other emergencies.
One of the proposed retention ponds would block emergency access to Cortez Road through the removable rails at the end of the police department parking lot. – Joe Hendricks | Sun
“This is vital for public safety,” Chappie said of the railings.
During Tuesday’s meeting, Chappie shared his concerns with Weeks.
“We’ve been told they’ll be making accommodations in that area and they understood our concern, but on the drawing, nothing’s changed. The retention pond is in the way,” Chappie said.
The online video notes the bridge replacement plans don’t include improvements to the Gulf Drive/Cortez Road intersection. Chappie said FDOT is planning a separate complete streets project during the 2023-24 fiscal year that may address safety concerns with the existing sidewalks and crosswalks there.
CORTEZ – The Florida Department of Transportation (FDOT) is holding a public information meeting on the Cortez Bridge replacement project on Tuesday, Jan. 31 from 6-8 p.m. in the Kirkwood Presbyterian Church’s Pfrangle Hall at 6101 Cortez Road in Bradenton.
Documents to be presented are available online for those who cannot attend at the project website.
The in-person meeting will be an open house-style event that allows attendees to review the bridge replacement project materials at their own pace. No formal presentation will be given, but meeting attendees can pose questions to project team members and leave written comments as well.
Comments can also be emailed to FDOT Project Manager Ryan Weeks at Ryan.Weeks@dot.state.fl.us, mailed to Ryan Weeks/Florida Department of Transportation, District One, P.O. Box 1249, Bartow, Florida 33831-1249 or submitted online at the project website.
The project materials pertain to the construction of a fixed-span bridge that will replace the existing drawbridge. The materials presented for public review include a 19-minute video, presentation slides, display boards and a 3D animation.
The video provides details about the bridge construction process and the aesthetic design elements selected by the 11-member Bridge Aesthetics Committee (BAC), which includes local residents, business owners and Bradenton Beach Mayor John Chappie.
The Cortez Bridge drawbridge was built in 1956 with an anticipated 50-year service life. – Joe Hendricks | Sun
The narrated video notes the existing drawbridge that will be replaced was constructed in 1956 with an estimated 50-year service life, and multiple bridge repair and maintenance projects have occurred within the past 20 years.
The 90% completed plans will be submitted in the summer of 2023. Final design plans will be submitted in the spring of 2025. The construction project will be awarded to the chosen contractor in the summer of 2025 and construction is slated to begin in late 2025 or early 2026.
The new fixed-span bridge will be 2,930 feet long and consist of 19 spans. The existing drawbridge is 2.616 feet long, with 53 spans.
The new Cortez Bridge will be built north of the existing drawbridge. The top image shows the Bradenton Beach end of the bridge. The bottom image shows the Cortez end of the bridge. – FDOT | Submitted
The new bridge will be built north of the existing bridge, with horizontal curves introduced at each end of the bridge to bring the alignment back to match the existing roadway alignment. Motorists, pedestrians and bicyclists will continue to use the existing bridge until the new bridge is capable of handling that traffic.
A minimum vertical clearance of 65 feet will be provided above the 100-foot-wide navigational channel located below the center of the bridge and delineated by a fender system.
The new bridge will provide at least 65 feet of vertical clearance at its highest point, with a delineated navigation channel below. – FDOT | Submitted
There will be retaining walls at four locations: two at the west end of the bridge and two at the east end of the bridge. The walls will serve as transitions from the bridge to the roadway. The BAC selected a multi-wave design pattern for the walls.
Retaining walls will be built at both ends of the new bridge. – FDOT | Submitted
BAC members considered nine different pier styles and selected multi-column piers with cheek walls. The committee considered nine pedestrian railing alternatives and chose the wave infill pattern. They considered three overlook options and selected the rounded, open overlook shape, without benches.
The BAC members selected the color pallet that will include blue railings, sand/tan for the bridge and piers and white and off-white for accents. They also selected the outside face lighting option.
The new bridge will feature blue railings and light poles. – FDOT | Submitted
Three stormwater retention ponds will be located along the west end of the bridge in Bradenton Beach: one in front of the Bradenton Beach police station, one in front of the Bradenton Beach Marina and another in front of the Bradenton Beach Marina that will extend under the first span of the bridge and require the existing pedestrian and bike path under the bridge to be reconfigured.
A new road called Hunters Point Way will connect Cortez Road to 127th Street West. – FDOT | Submitted
One retention pond will be located on the east end of the bridge, near the Hunters Point Resort & Marina property. The eastern side of the project will also include the construction of a new road called Hunters Point Way that will connect Cortez Road and 127th Street West and provide access to the Seafood Shack, Tide Tables and the other businesses and homes in that vicinity.
CORTEZ – The Florida Department of Transportation (FDOT) will host a public information meeting for the pending Cortez Road bridge replacement project.
FDOT’s in-person presentation is scheduled on Tuesday, Jan. 31 from 6-8 p.m. in the Kirkwood Presbyterian Church’s Pfrangle Hall at 6101 Cortez Road in Bradenton.
The in-person meeting will be an open house-style event that allows attendees to review the bridge project materials at their own pace. Attendees can pose questions and comments to attending project team members but no formal presentation will be given.
FDOT will provide online access to the public meeting materials that address design details and aesthetics, construction phasing and traffic maintenance associated with its plans to replace the existing drawbridge, built in 1956, with a fixed-span bridge that at its highest point will provide 65 feet of vertical clearance for vessels passing below it. The informational meeting is not advertised as a continuation of the fixed-span vs. drawbridge debate that continues to be a source of opposition for some residents and elected officials.
The existing Cortez Bridge drawbridge was built in 1956. – Joe Hendricks | Sun
“The same information will be presented at both the live in-person venue and online at the project website so attending both is not needed,” according to the recent meeting-related newsletter distributed by FDOT.
On Tuesday. Jan. 24, the online meeting materials will be posted at the FDOT District One road projects website.
Comments or questions may be submitted during the public meeting, at the project website or to FDOT Project Manager Ryan Weeks by phone at 863-519-2837, by email at Ryan.Weeks@dot.state.fl.us, or by regular mail addressed to Ryan Weeks, Florida Department of Transportation, P.O. Box 1249, Bartow, Florida 33831.
“While comments about the project are accepted at any time, please submit your comments by Feb. 10 to be included in the meeting summary,” the FDOT newsletter says.
According to the road projects website, “The project includes the bridge and roadway approaches from SR 789/Gulf Drive (in Bradenton Beach) to 123rd Street West (in Cortez), a distance of about 0.9 miles.”
The website notes FDOT previously formed a Bridge Aesthetics Committee (BAC) consisting of community representatives from Cortez and Bradenton Beach to provide input on the bridge’s aesthetics. The committee members include Joe Adorna, Mike Bazzy, Karen Bell, Bradenton Beach Mayor John Chappie, David Galuska, Connie Morrow, Ann Marie Nicholas, Joe Rogers, Jeff Vey, Gloria Weir and Bobby Woodsen.
Several BAC meetings and additional small group meetings occurred between August 2020 and November 2021 and future meetings will be added as more information becomes available.
The fixed-span bridge will include a buffered pathway for pedestrians and bicyclists. – FDOT | SubmittedAccording to the website, “To date, the BAC has determined the following, may be altered in the final design:
“Preference is for aesthetically enhanced multi-column pier with a waterline footing. The exterior face of the column would be in line with the exterior face of the bridge deck. Cheekwalls would extend from the top of the pier to the underside of the deck at all pier locations.
“Preference is for four overlooks, located on the north and south side of the bridge at the two piers on either side of the main channel.
“Preference for substructure lighting on the exterior faces of the pier columns.
“A custom ‘wave’ infill pattern is suggested for the bridge pedestrian railings.”
According to the Cortez Bridge website, “The design phase of Cortez Bridge began in October 2019 and is anticipated to be completed in spring 2025. Right-of-way is funded in fiscal years 2022, 2023 and 2024. Construction is funded in fiscal year 2025.”
According to the project-specific website, “The need for the project was based on the functional obsolescence and structural condition of the existing bridge. Due to the naturally corrosive saltwater environment, the bridge continues to deteriorate and will need additional repairs in the future. The condition of the bridge is anticipated to deteriorate further as the structure has exceeded its 50-year service life. Replacement of the bridge will address the condition of the structure and reinforce the connection between Anna Maria Island and the mainland of Manatee County.”
CORTEZ – U.S. Magistrate Judge Anthony Porcelli has ruled against the four plaintiffs opposing the Florida Department of Transportation’s (FDOT) plans to construct a fixed-span bridge between Cortez and Bradenton Beach, granting FDOT’s motion for summary judgment.
With construction slated to begin as early as 2026 according to FDOT officials, the fixed-span bridge will provide 65 feet of vertical clearance for vessels passing under it.
The new bridge will replace the aging drawbridge that currently provides 17 feet of vertical clearance when the bridge is down.
As noted in Porcelli’s order, “The existing Cortez Bridge was constructed in 1956 to replace the original 1921 wooden bridge connecting Anna Maria Island with the mainland in Manatee County. As constructed, the existing Cortez Bridge consists of an undivided, two-lane, low-level bascule (drawbridge) structure. The results from several bridge inspection reports conducted since 2008 show that the Cortez Bridge has become functionally obsolete and structurally deficient.”
Built in 1956, the Cortez Bridge drawbridge is slated to be replaced with a higher fixed-span bridge. – Joe Hendricks | Sun
In the United States District Court Middle District of Florida’s Tampa Division, Porcelli issued his 57-page written order on Aug. 5. The order pertains to the complaint for declaratory and injunctive relief the plaintiffs filed in 2020.
The plaintiffs in the legal action are former Manatee County Commissioner Joe McClash, former Manatee County Commissioner and Cortez resident Jane von Hahmann and Cortez residents Linda Molto and Joe Kane. The complaint names FDOT and FDOT Secretary Kevin Thibault as defendants.
In part, the plaintiffs sought from the federal court:
A declaratory judgment that FDOT, when deciding on a fixed-span bridge, violated the National Environmental Policy Act (NEPA) and the Administrative Procedure Act.
An order to vacate the acceptance/approval of FDOT’s Location and Design Concept Acceptance for a 65-foot-high fixed-span bridge that would have significant impacts on the surrounding community.
An order to vacate FDOT’s Type 2 categorical exclusion determination.
The plaintiffs also sought a 35-foot drawbridge option as a viable bridge replacement alternative that would not cause the same significant impacts as a 65-foot high, fixed-span bridge.
According to Porcelli’s order, the plaintiffs challenged FDOT’s decision to replace the existing 17-foot-high drawbridge with a 65-foot-high, fixed-span bridge, and FDOT’s decision to forgo an environmental impact statement or an environmental assessment and proceed instead using a categorical exclusion to the National Environmental Policy Act.
The plaintiffs contended FDOT violated the act by arbitrarily and capriciously relying on
an inapplicable categorical exclusion to exempt a major federal action – the construction of the new bridge – from FDOT’s obligation to perform either an environmental impact statement or an environmental assessment. Case law cited in Porcelli’s order
notes the National Environmental Policy Act establishes procedures for agencies to follow when addressing environmental impact issues and procedures.
“NEPA regulations authorize the use of exclusions for those categories of actions which do not individually or cumulatively have a significant effect on the human environment, and which have been found to have no such effect in procedures adopted by a federal agency in implementation of these regulations,” according to Porcelli’s order.
“Plaintiffs contend the Cortez Bridge Replacement Project does not qualify for a categorical exclusion, but FDOT disputes that contention. FDOT contends that the Cortez Bridge replacement project satisfies the criteria for a categorical exclusion,” according to Porcelli’s order.
Plaintiff reactions
When asked about continuing to challenge to fixed-span bridge, McClash said a potential appeal is possible.
Joe McClash led the legal challenge to FDOT’s proposed fixed-span bridge. – Joe Hendricks | Sun
When contacted by email, von Hahmann was more animated in her response to Porcelli’s ruling.
“Very sad and very discouraged,” von Hahmann wrote in her response to The Sun. “I feel like there is no road for the general citizenry to take to have their voices and concerns heard at any level of government anymore. I say that because we were involved as citizens from the get-go. In this last go-around, which started in 2013, we continually and consistently voiced our concerns and objections to a high-level fixed-span bridge.
“In fact, during public meetings held regarding this bridge, the vast majority of those who have to live with this atrocity asked that a lower level, less impactful choice be made. All total, there were 1,229 public comments received on the bridge. Of those, 863 citizens (70%) chose the no-build/rehab option or a 35-foot bascule bridge (drawbridge) replacement and 366 citizens (30%) chose a 65-foot, high-fixed bridge. The bottom line is residents of Cortez and Anna Maria Island, especially Bradenton Beach, be damned,” von Hahmann wrote in her response.
In 2021, McClash and von Hahmann asked the Bradenton Beach City Commission to join the legal challenge as co-defendants. The city commission declined that request.
In 2021, Cortez resident Jane von Hahmann encouraged the city of Bradenton Beach to join the legal challenge. – Joe Hendricks | Sun
In response to Porcelli’s order, Von Hahmann was asked if she’ll continue challenging the fixed-span bridge.
“No, I am done. I no longer believe we as citizens can challenge the government at any level and win,” she responded.
BRADENTON BEACH – Mayor John Chappie wants to recognize the 100th anniversary of Bridge Street with a celebration.
The street was once at the foot of the bridge leading to Anna Maria Island from Cortez before a new bridge was built. The Bradenton Beach pier now stands in the footprint of the original bridge.
Chappie, a member of the city’s Community Redevelopment Agency (CRA), asked the board last month for $10,000 to purchase holiday banners to place on light poles down Bridge Street. He hopes some of the money will be used to purchase banners commemorating the 100-year anniversary of the historic commercial area. CRA members approved the funds and expressed preliminary support for the proposed celebration.
During the CRA meeting on July 6, he provided additional details on his anniversary celebration plans.
Mayor John Chappie is leading the efforts to recognize and celebrate Bridge Street’s 100th Anniversary. – Joe Hendricks | Sun
“We just are finishing up with our hundredth year of Bridge Street existing,” Chappie said, adding that Bridge Street is believed to be the longest existing commercial area on Anna Maria Island. “100 years is pretty cool.”
Chappie told the board he recently spent a couple of hours doing research at the Anna Maria Island Historical Society Museum and he couldn’t find any specific details as to exactly when the street was renamed Bridge Street, so he’s using the construction of the original Cortez Bridge, which began in 1921, as a start for the 100-year timeline.
“As the bridge was being built, a hurricane came late in 1921 and they had to rebuild what was destroyed in 1922, so we’re still within that 100-year timeframe,” he said.
In 1956, the original Cortez Bridge on the right was replaced with the new drawbridge being built on the left. – Manatee Public Library Digital Collection | Submitted
Construction of the Cortez Bridge was completed in 1922, according to the book “Anna Maria Island: The Early Days, 1893-1940,” written by late Island historian Carolyne Norwood.
“The bridge from Cortez to Cortez Beach (now known as Bradenton Beach) was completed in 1922. Cortez Beach soon became the commercial center of the Island – just in time for the Florida boom and prohibition! By 1927, Cortez Beach had a population of 75. There was a village store, a gas station, the Bayside Inn (now The Bridgetender Inn), the Bath House and the popular Pagoda Dance Hall. Among the many characters were carpenters, bookkeepers, bootleggers and ladies of the night,” Norwood wrote.
This photo of the Bath House was taken in 1922 in the city then known as Cortez Beach. – Manatee Public Library Digital Collection | Submitted“The Bath House was on the Gulf beach at the end of Bridge Street. South of the Bath House stood the huge Pagoda Dance Hall. People were charged to dance and be served setups for the rum, homebrew and moonshine they bought from the locals. Weekends and holidays, as many as four hundred Model T’s a day would cross the bridge from four surrounding counties, since Cortez Beach had the only bathhouse and dance hall on the midwest coast of Florida. This was the heyday of Cortez Beach. Al Capone stayed at the Albion Inn (in Cortez) in 1928 amid rumors of his arranging for illegal rum to go to the Midwest from Cuba,” Norwood wrote.
This photo is included in Carolyne Norwood’s book, “The Early Years, 1893-1940.” – Submitted
In 1956, the original bridge was replaced with the current drawbridge, now slated to be replaced with a higher fixed-span bridge.
Chappie told the CRA members he’s already discussed with some Bridge Street business owners the prospect of hosting an anniversary celebration event in September.
“I’m putting out feelers and I’ll be reporting back,” he said.
BRADENTON BEACH – The city is not joining a federal lawsuit that opposes the replacement of the Cortez Bridge drawbridge with a higher fixed-span bridge.
The city commission reached this 3-2 decision on Thursday, Aug. 5 in response to plaintiffs Joe McClash and Jane von Hahmann’s final pleas for the city to join the lawsuit filed in March 2020 with the United States District Court for the Middle District of Florida, Tampa Division.
The lawsuit names the Florida Department of Transportation (FDOT), the Federal Transportation Authority and the U.S. Department of Transportation as defendants. The federal agencies were later dismissed from the lawsuit and FDOT is the lone remaining defendant.
McClash and von Hahmann are former Manatee County commissioners and von Hahmann is a longtime Cortez resident. Cortez residents Linda Molto and Joe Kane are also plaintiffs in the lawsuit. During Thursday’s commission meeting, McClash and von Hahmann said the Cortez-based Florida Institute for Saltwater Heritage (FISH) – which von Hahmann is a member of – is joining the lawsuit as an additional plaintiff.
Mayor John Chappie and commissioners Ralph Cole and Marilyn Maro opposed the city becoming a plaintiff in the lawsuit. Cole said he didn’t think taxpayer funds should be used to oppose a replacement bridge that some taxpayers might support. Chappie again expressed his belief that the plaintiffs should have first sought assistance from the Manatee County Commission. McClash said the county commission has never expressed interest in joining the bridge lawsuit.
Bradenton Beach Commission members Jan Vosburgh, Marilyn Maro, John Chappie, Ralph Cole and Jake Spooner were divided regarding the city joining the federal lawsuit. – Joe Hendricks | Sun
The city commission previously agreed to join the lawsuit at a cost not to exceed $15,000. The commission later lowered its not-to-exceed figure to $5,000, but never officially joined the legal challenge.
During Thursday’s meeting, commissioners Jake Spooner and Jan Vosburgh voted in favor of the city joining the lawsuit. Vosburgh expressed her continued support for the city joining at a cost not to exceed $15,000.
Spooner asked whether the city could join the suit without financial exposure to the city and its taxpayers. City Attorney Ricinda Perry said joining any lawsuit could potentially expose the city to attorney fees of an undetermined amount.
McClash again expressed his belief that the plaintiffs’ case would be strengthened by the support of a city government – and that actually was more important than any financial support provided by the city.
McClash and von Hahmann said FISH recently initiated an online fundraising effort in the form of the “Stop the Mega Bridge from devastating Cortez” GoFundMe page. The donated funds will be administered by FISH and be used to help cover attorney fees associated with the legal battle.
Although they did not feel the city should join the lawsuit, Cole and Chappie said they individually oppose the fixed-span bridge and would contribute to the fundraising efforts. Vosburgh and Spooner said they would also contribute.
FISH will host a bridge-related town hall-style meeting at Fishermen’s Hall on Thursday, Aug. 12 at 7 p.m. The meeting is open to the public. Fishermen’s Hall is located at 4511 124th St. W. in the village of Cortez.
Mediation pending
McClash said a mediation session with the plaintiffs and FDOT is scheduled for Wednesday, Aug. 25. Stephen Tabano will serve as the mediator at a cost of $350 per hour to be shared by the plaintiffs and defendants.
Fixed-span bridge opponent Joe McClash made a final plea for the city of Bradenton Beach to join the lawsuit. – Joe Hendricks | Sun
Tampa-based attorney Matt Farmer will represent the plaintiffs at the mediation session and as the case moves forward. McClash said Farmer estimated his legal representation would cost approximately $25,000 in total.
McClash said the administrative record that details at great length FDOT’s bridge selection process was filed by FDOT on June 30. The plaintiffs were then given 45 days to amend their complaint and add additional plaintiffs. According to McClash, the plaintiffs’ amended complaint was to be filed by Tuesday, Aug. 10.
Regarding the standards of law that apply to this case, McClash said, “We have to find the actions of the FDOT to be arbitrary, capricious, abuse of discretion and otherwise not in accordance of law. That’s a pretty high standard, but I believe we have two major winning points.”
McClash referenced a law that changed in or around 2018 regarding categorical exclusions to the bridge replacement process that began nearly a decade ago.
“FDOT approved this 65-foot bridge in what they call a Type 2 categorical exclusion. There’s an environmental standard they have to comply with. Usually, they have to do an environmental study. They chose to do an exception. It’s important to note the law changed and they can’t take advantage of this exclusion if there’s a bridge permit required – and they need a bridge permit. Also, if there’s encroachments into the flood plain, they’re not supposed to take advantage of this exclusion,” McClash said.
“When they made their decision in 2019, this rule was in effect. The attorney agrees. They might have really screwed up. That would be to our advantage,” he added.
After Thursday’s meeting, McClash said he understood the city commission’s financial concerns but he was disappointed with the decision to not join the lawsuit.
Settlement offer
In August 2020, the plaintiffs proposed a settlement agreement that called for FDOT to rescind its plans for a fixed-span bridge and instead replace the existing bridge with a new drawbridge that would provide 35 feet of clearance when the bridge is closed. FDOT has not accepted that offer.
Built in 1956, the existing drawbridge provides between 17.5 and 21 feet of clearance when the bridge is closed, depending on the source cited.
In January, FDOT officials said the state agency plans to put the bridge replacement project out to bid in late 2025 and construction is expected to begin in 2026.
BRADENTON BEACH – The city of Bradenton Beach is joining plaintiffs in a federal lawsuit that opposes replacing the existing Cortez Bridge drawbridge with a fixed-span bridge.
On Thursday, March 18, Mayor John Chappie and Commissioners Marilyn Maro, Jan Vosburgh and Jake Spooner voted in favor of the city becoming the fifth plaintiff in the federal lawsuit. Commissioner Ralph Cole did not attend Thursday’s meeting.
The commission-approved motion states the city’s legal costs are not to exceed $15,000. At the request of City Attorney Ricinda Perry, attorney Chuck Johnson will provide the city’s outside legal counsel in this matter.
In 2019, the commission unanimously adopted a nonbinding resolution opposing the proposed fixed-span bridge. The city will now join former Manatee County Commissioner Joe McClash, former Manatee County Commissioner Jane von Hahmann, a longtime Cortez resident, and Cortez residents Joe Kane and Linda Molto as plaintiffs in the federal lawsuit filed in March 2020 in the U.S. District Court for the Middle District of Florida in Tampa.
The lawsuit names the Florida Department of Transportation (FDOT), FDOT Secretary Kevin J. Thibault, the U.S. Department of Transportation and Federal Highway Administration Administrator Nicole R. Nason as defendants.
The lawsuit challenges FDOT’s plans to replace the existing Cortez drawbridge, built in 1956, with a fixed-span bridge that provides 65 feet of vertical clearance. According to a 2015 FDOT case study, the existing drawbridge provides 17.5 feet of vertical clearance when the bridge is down. As a compromise, the lawsuit’s plaintiffs support a new drawbridge with 35 feet of vertical clearance.
The Cortez Bridge drawbridge was built in 1956 and the aging bridge now needs to be replaced. – Submitted
FDOT spokesperson Brian Rick said in February that the fixed-span bridge originally estimated to cost $66.5 million is now expected to cost $77 million due to inflation. FDOT District Secretary L.K. Nandam also cited that $77 million figure during a presentation he gave in January. Both FDOT representatives indicated the bridge replacement project is currently moving forward as planned. The project is now expected to be put out to bid in late 2025, with construction to start in 2026.
Seeking city assistance
On March 4, von Hahmann asked the city commission to consider joining the lawsuit. On March 18, McClash made his plea to the commission.
“It’s been a little over a year since we filed our claims against the 65-foot fixed bridge,” McClash said.
He noted the plaintiffs are not trying to prevent the existing drawbridge from being replaced, but feel it’s important to the Cortez community to challenge FDOT’s plans to replace it with a much larger fixed-span bridge.
The Cortez drawbridge is in need of replacement, according to FDOT. – Submitted
McClash said the lawsuit includes five claims for relief that question whether FDOT followed federal rules during its decision-making process. The legal challenge was filed according to the federal Administrative Procedure Act. McClash said the plaintiffs originally attempted to challenge the bridge planning process at the state level, but because FDOT assumed the responsibility of the federal government for the project, the challenge must be filed in federal court.
“It’s a review of the record. It’s not a typical lawsuit. We’re at a point now where DOT is responsible for producing the administrative record – everything they did to follow procedures required to comply with the federal rules. Once we receive that, we’ll be able to determine what specific rules they did violate. We have reason to believe there were a few,” McClash said.
Claims for relief
The first claim for relief alleges FDOT failed to comply with the National Environmental Policy Act (NEPA) regarding the evaluation of the potential socio-cultural effects a fixed-span bridge could have on the impacted communities.
McClash said these concerns include community cohesion, local plan consistency and mobility.
“There was a list of things FDOT was supposed to do during this evaluation that we feel they failed to do,” he said.
The second claim for relief alleges FDOT failed to comply with NEPA requirements when reviewing the bridge’s potential aesthetic effects.
“How will the bridge affect vistas and viewsheds and blend visually with the area adjacent to many community focal points?” McClash said.
The plaintiffs believe FDOT failed to make the public aware that a fixed-span bridge will require noise barrier walls near the touchdown points on the Cortez and Bradenton Beach ends of the bridge. McClash said the proposed touchdown area in Cortez would extend approximately 200 yards farther east than it does now.
“There has to be a wall-like structure built to hold up the dirt. You’re creating this wall that divides Cortez, which is something that’s not allowed in our opinion,” McClash said.
The third claim for relief alleges FDOT used inaccurate survey data that demonstrated a bias for a fixed-span bridge, and thus failed to comply with its own policies regarding NEPA compliance.
McClash disputes FDOT’s claim that a fixed-span bridge would increase the level of service for motorists using the bridge from a level D to a level B.
“Whether the bridge is up or not, you’re not going to improve it to a level B. If you have a fixed bridge, there are more cars parked on top of the bridge,” he said.
The fourth claim alleges FDOT failed to comply with NEPA flood plain requirements.
“They didn’t do any flood plain analysis,” McClash said.
The fifth claim alleges FDOT failed to satisfy NEPA requirements about informing elected officials and community members of the details included in the Project Development and Environment review.
“They’re supposed to look at the unique characteristics of the geographical area such as proximity to historic or cultural resources, wetlands and also the effect on human environments,” McClash said.
He also said he’s not aware of a light pollution analysis being conducted.
McClash believes the city joining the lawsuit would give the plaintiffs a stronger position in a courtroom setting or during a review of the case conducted by a judge.
“We asked for a judge to provide some type of judgment that they did, in fact, violate some of these rules. What you’re debating with the federal court is that the records exist and FDOT violated the rules of picking this bridge,” McClash said.
“We also provide that they consider the 35-foot bridge is a viable option compared to the 65-foot bridge. The 35-foot bridge would fit between the shorelines of where the existing bridge is,” McClash said, noting that option would not require noise walls.
“Hopefully, we could convince FDOT that’s still a viable option,” he said.
McClash proposed starting a GoFundMe fundraising effort to help offset future legal costs incurred. He also said he could continue to do most of the “heavy lifting” in this case.
Commission consideration
Perry said the city doesn’t want to be seen as leading the charge for the original pro se plaintiffs, who are representing themselves. She also said she doesn’t currently have time to represent the city in this case, which is why she recommended Johnson.
Vosburgh said she lived in Utah when a new highway was built to accommodate the winter Olympics. Vosburgh said the noise walls associated with that project had the unintended effect of creating more noise.
“It was horrible,” she said.
Spooner said he likes the idea of starting a GoFundMe account to help offset the legal costs incurred.
Maro said she supports joining the lawsuit because she doesn’t want to see Cortez – one of the last working fishing villages in Florida – negatively impacted by a fixed-span bridge.
“Yes, it is about the village of Cortez, but it’s also about the Island and Bradenton Beach and what we are struggling to preserve and enhance. This doesn’t enhance anything,” Chappie said, adding that a fixed-span bridge is not going to reduce the traffic congestion motorists encounter on Gulf Drive after crossing the bridge.
Updated Feb. 8, 2021 at 12:15 p.m. – CORTEZ – A new, high-rise Cortez Bridge is coming and it may be sooner than you think.
Florida Department of Transportation officials confirmed that construction on the bridge is now expected to begin during the FDOT’s 2026 fiscal year, which begins on July 1, 2025, and ends on June 30, 2026.
The existing drawbridge, built in 1956, will be replaced by a fixed-span bridge that provides 65 feet of vertical clearance below it. According to FDOT, the current drawbridge provides 17.5 feet of vertical clearance when the bridge is down.
FDOT announced its plans in 2018 to build a fixed-span bridge instead of rehabbing the existing bridge or building a new drawbridge, which would provide 35 feet of vertical clearance when the bridge is down.
During a Bradenton Beach Commission meeting on Jan. 21, Mayor John Chappie said he had learned the Cortez Bridge replacement project was now included in FDOT’s five-year work program.
“That kind of surprised me. I didn’t think it would happen for another 10 years,” Chappie said.
When contacted by email last week, FDOT Communications Specialist Brian Rick said the bridge construction project will be awarded to a contractor at some point during the second half of 2025, with construction of a new bridge to begin several months later. Rick said construction will start during FDOT’s 2026 fiscal year and funding for the state project is expected to be in place at that time.
He noted the anticipated bridge replacement project cost originally was $66.5 million.
“As a caveat, $66.5 million is the present-day cost, but with inflation, it will be $76 million by 2026,” Rick said in an email.
Rick said FDOT plans to submit its Phase II bridge construction design plans sometime around August.
The bridge replacement timetable was referenced in the presentation that L.K. Nandam, district secretary for District One of the Florida Department of Transportation, provided during the Sarasota Chamber of Commerce’s quarterly State of Community series event on Jan. 27.
Nandam’s virtual presentation also said the Cortez Bridge project would start during FDOT’s 2026 fiscal year. His presentation noted that the Anna Maria Bridge on Manatee Avenue, which is also a drawbridge, is currently slated for replacement between fiscal years 2027 and 2032.
Bridge aesthetics
The Cortez Bridge replacement project was discussed at the FDOT Bridge Aesthetics Committee’s virtual meeting on Jan. 20.
This 2018 FDOT rendering illustrates what the bridge landing area in Bradenton Beach will look like. – FDOT | Submitted
According to a Jan. 28 committee meeting summary prepared by Laura Turner, of Laura Turner Planning Services, “The Florida Department of Transportation has begun design plans for the Cortez Road bridge replacement.”
The Bridge Aesthetics Committee allows local citizens to participate in the design process.
Cortez resident and Bradenton Beach property owner Connie Morrow, Jeff Vey, of the Bridgeport condominiums in Bradenton Beach, and Ann Marie Nicholas, owner of the Room with a Hue retail business in Bradenton Beach, participated in the Jan. 20 committee meeting.
They were joined by Turner, FDOT Transportation Manager Roxann Lake, FDOT staff member Kaylene Johnson, consulting project manager Doug Hershey, and Adrian Moon from the WSP transportation and infrastructure services firm.
Chappie is a committee member but he was unable to attend the recent meeting, as were fellow members Joe Rodgers, Karen Bell, Mike Bazzy and Joe Adoma.
The design and aesthetics of the bridge pillars were discussed during the recent committee meeting. Pillar design options range from two or three thin concrete pillars with simple design lines to thicker pillars that feature brick surfaces and double arches. The meeting summary does not indicate that any final decision was made regarding pillar design.
Continued opposition
FDOT is moving forward with its bridge replacement plans despite continued public opposition and a 2019 legal challenge by former Manatee County Commissioner Joe McClash, former Manatee County Commissioner and Cortez resident Jane von Hahmann, Cortez residents Linda Molto and Joe Kane, the Florida Institute for Saltwater Heritage, the Cortez Historical Society and the ManaSota-88 organization.
In that 2019 challenge, the fixed-span opponents filed a petition that named FDOT as the respondent. The petition stated that all of the petitioners would have their substantial interests negatively affected by replacing the existing drawbridge with a higher, fixed-span bridge.
This 2018 FDOT rendering includes an auxiliary ramp that provides access to the businesses and residences on and around 127th Street West. – FDOT | Submitted
The petition claimed that the tall bridge would negatively impact the maritime culture and fishing industry in the historic village of Cortez. It also stated a fixed-span bridge would impact environmental, aesthetic, cultural and natural resources and the use of the navigational waters near the Cortez Bridge for vessels whose masts or superstructures exceed 60 feet.
The petitioners asserted the proposed replacement bridge would negatively impact the quality of life, environment, financial well-being, mobility and preservation of Cortez. They also said a fixed-span bridge would create dangerous intersections at offsetting streets and pedestrian crossing areas, while also increasing noise, dividing the community with a wall-like structure and changing the overall aesthetics of Cortez.
These and other opponents of the 65-foot vertical clearance bridge have repeatedly expressed support for a new drawbridge that offers 35 feet of vertical clearance.
FDOT dismisses objections
On April 23, 2018, FDOT issued a press release regarding its bridge design decision.
“A fixed bridge is resoundingly the best financial investment for taxpayers. The initial construction cost, including design and construction, saves approximately $23.9 million compared to a new mid-level drawbridge. Over the 75-year life of the bridge, the fixed bridge also saves approximately $11.2 million in operating and maintenance costs compared to the drawbridge.
The Cortez Bridge drawbridge was built in 1956. – Joe Hendricks | Sun
“The new bridge will be designed and constructed to modern standards that will improve the safety of the bridge and will include enhanced pedestrian and bicycle features, including two 10-foot sidewalks separated from the roadway by a traffic barrier which will enhance safety and overall recreational opportunities,” according to the press release.
In 2018 FDOT released a series of renderings that illustrated what the new bridge and bridge approach areas were expected to look like. One rendering showed an auxiliary ramp coming off of Cortez Road that would provide access to the businesses and residences on and around 127th Street West, including Tide Tables, Annie’s Back & Tackle, the Seafood Shack and more.
Updated Feb. 5, 2021 at 5:21 p.m. – CORTEZ – Construction on a new, 65-foot-tall fixed span Cortez Bridge is now expected to begin during the Florida Department of Transportation’s (FDOT) 2026-27 fiscal year.
FDOT’s fiscal year 2026-27 begins on July 1, 2025 and ends on June 30, 2026.
During the Jan. 21 Bradenton Beach Commission meeting, Mayor John Chappie said that at the previous day’s Island Transportation Planning Organization (ITPO) meeting, an FDOT representative informed ITPO members that FDOT was able to include the Cortez Bridge construction project in its five-year work program.
“That kind of surprised me,” Chappie told the city commission. “I’m going to look further into that because it kind of surprised us. I didn’t think it would happen for another 10 years.”
When contacted by The Sun this week, FDOT spokesperson Brian Rick confirmed Chappie’s statement in an email.
FDOT plans to submit its Phase II bridge construction design plans later this year, in or around August, according to Rick.
Construction should begin in fiscal year 2026, Rick wrote in an email on Tuesday, adding that funding is expected to be available at that time.
In 2018, FDOT provided this illustration that shows what the new Cortez Bridge will look like in the center, and near the Cortez side of the bridge. – FDOT | Submitted
The original anticipated bridge replacement project cost was $66.5 million.
“As a caveat, $66.5 million is the present-day cost, but with inflation, it will be $76 million by 2026,” according to Rick’s email.
Barring a change in plans, the existing 35-foot-tall drawbridge will be replaced by a 65-foot-tall fixed span bridge. – Joe Hendricks | Sun
FDOT continues to move forward with its bridge replacement plans despite continued public and legal opposition from a group that includes former Manatee County Commissioner Joe McClash, former Manatee County Commissioner and Cortez resident Jane von Hahmann, Cortez residents Linda Molto and Joe Kane, the Florida Institute for Saltwater Heritage, the Cortez Historical Society and ManaSota-88.
These and other opponents of the 65-foot-tall fixed-span bridge have repeatedly expressed support for a new 35-foot-tall drawbridge to replace the existing drawbridge instead.
On April 23, 2018, FDOT issued a press release regarding its then-recent bridge design decision.
“A fixed bridge is resoundingly the best financial investment for taxpayers. The initial construction cost, including design and construction, saves approximately $23.9 million compared to a new mid-level drawbridge. Over the 75-year life of the bridge, the fixed bridge also saves approximately $11.2 million in operating and maintenance costs compared to the drawbridge,” according to the FDOT press release.
Could Anna Maria Island find itself in the same situation as Longboat Key, with a sewer pipe leak in the Intracoastal Waterway?
The sole sewer line serving Longboat Key, which runs under Sarasota Bay, broke in mid-June, causing a sewage spill that collected in the mangroves on Long Bar Pointe.
A sole 20-inch sewer pipe leads from Anna Maria Island to the mainland under Sarasota Bay, part of the Intracoastal Waterway, according to Jeff Goodwin, deputy director of the Manatee County Utilities Department.
The pipe, called a “force main,” is between 40 and 70 feet deep, immediately north of the Cortez Bridge, and is made of high-density polyethylene (HDPE) that was fused to create one long pipe, eliminating joints to minimize compromises in the integrity of the pipe, he said.
Installed in 2008, the force main has a life span of 70 years, but the county would replace it if routine evaluations determine that replacement is necessary before then, Goodwin said.
Manatee County, not the three island cities, is responsible for the pipe, according to the county Utilities Department Director Mike Gore.
The pipe requires minimal maintenance, but essential components are on regular preventive maintenance schedules ranging from bi-monthly to yearly, according to Goodwin. County force mains and associated valves are evaluated by staff and consulting engineers every five years to determine replacement schedules based on critical risk factors. Projects are then programmed into the utility department’s capital improvement plan, he said.
The Florida Department of Transportation plan to replace the Cortez Bridge could necessitate the replacement of the pipe, he added.
The force main could have been suspended from the Cortez Bridge, but that option could have affected the integrity of the pipe and made it difficult to maintain, according to Goodwin, adding that portions of the pipe would still have had to be underwater where the drawbridge raises.
Should a leak similar to the one that occurred in the Longboat Key pipe happen, Manatee County workers would respond to the leak as soon as it was identified, he said, procuring tanker trucks to maintain the lift stations on the Island and isolate the section of compromised pipe in order to stop the leak. Workers would then begin the repair or replacement of the pipe and possibly temporarily bypass the breached section of pipe.
The county maintains an inventory of emergency repair parts and essential equipment to expedite response times, Goodwin said, adding that staff receives requisite training on how to properly respond.
CORTEZ – The Florida Department of Transportation (FDOT) has dismissed with prejudice a second request for a formal administrative hearing regarding FDOT’s plans to someday replace the Cortez Bridge drawbridge with a 65-foot-high, fixed-span bridge.
FDOT issued its final order on Tuesday, Dec. 10 and sent a copy to Joe McClash as the qualified representative of the petitioners who oppose the fixed span bridge. In addition to McClash, the petitioners include Cortez residents Jane von Hahmann, Joe Kane and Linda Molto and FISH (the Florida Institute for Saltwater Heritage), the Cortez Village Historical Society and ManaSota-88.
These individuals and organizations sought a formal hearing before an administrative law judge associated with the State of Florida Division of Administrative Hearings concerning the legality of the process that led to FDOT’s decision to replace the existing drawbridge with a higher fixed-span bridge.
FDOT’s final order notes the first petition for formal administrative hearing was filed on Oct. 29 and resulted in an order of dismissal without prejudice that stated the Division of Administrative Hearings did not have jurisdiction over the claims made by the petitioners. That order gave the petitioners 10 days to file an amended petition.
The final order issued on Dec. 10 noted the petitioners responded by arguing that their initial petition for a formal administrative hearing was appropriate for review by the Division of Administrative Hearings, but failed to provide adequate allegations for any agency action to be reviewed in accordance with Florida Statutes.
The Dec. 10 order states that in both instances the petitioners alleged FDOT failed to comply with a memorandum of understanding between FDOT, the Federal Highway Administration and the National Environmental Policy Act.
“The department (FDOT) and derivatively the Florida Division of Administrative Hearings lacks jurisdiction over petitioners’ claims. It is thus ordered that the first amended petition for formal administrative hearing is dismissed with prejudice for lack of jurisdiction,” the final order states.
McClash response
On Wednesday, Dec. 18, McClash distributed an email in which he shared his thoughts on FDOT’s decision.
“FDOT issued a final order dismissing our petition stating FDOT and DOAH lack jurisdiction to hear the issues raised. This is a disappointing decision, but not unexpected. FDOT took action under a memorandum of understanding with the Federal Highway Administration. The agreement clearly defines actions the state must comply with for replacing a project like the Cortez Bridge. These actions taken on behalf of the federal government are state actions. However, in its desire to place a roadblock to a review by an administrative law judge, FDOT claims these actions are not state actions,” McClash stated in his email.
This ruling defies logic, and most of all allows a state agency to dictate to our community the type of mega bridge or other road projects without recourse provided by our state’s rules. We will evaluate the decision and make a decision by January 10 to appeal this decision, a decision that FDOT exceeds its authority by not forwarding the petition as required to DOAH,” McClash’s email concluded.
