August 2, 2011
 
Memo to all Ceitus environmental stakeholders:
 
Attached is a copy of Lee County's appeal to the Florida Second District Court of Appeal. It was filed on July 2011 and the case number is 2D11-3401. 
 
The County Attorney's Office needs the County Commissioners to approve further actions on the appeal. That will be heard on 9 August (9:30 a.m., Commission Chambers), and we need as many stakeholders as possible to be there to urge the commissioners and attorneys and staff on and let them know we will be providing them full support as well as taking parallel actions.
 
We plan to file an amicus brief with 2DCA supporting Lee County. Thus far I have 13 environmental organizations on the brief--they are Greater Pine Island Civic Association, Calusa Land Trust, Responsible Growth Management Coilitation, Audubon, Riverwatch, Matlacha Civic Association, Florida Wildlife Federation, Snook and Gamefish Foundation, Southwest Florida Conservation Foundation, Clean Water Network, Watershed Council, Sanibel-Captiva Conservation Foundation, and Florida Guides Association. That's an incredible array of organizations and one heck of an indicator of how serious water quality issues are in Southwest Florida. If I missed anyone, let me know. I would also appreciate organizational representatives confirming to me that your governing body continues to approve your organization's involvement in this action.
 
Ralf Brookes is our lead attorney and is doing a great job. He and I are in contact with a wide range of attorneys and experts (primarily from stakeholder environmental organizations), and we are all jointly and continuously reviewing and weighing our options in addition to this appeal and the Chapter 120 action. All litigation strategy should be discussed only in person or by telephone--please do not use email for that purpose. Call me any time you need me.
 
Meanwhile, please let me know if you can be at the BOCC meeting on 9 August. Here is the agenda item: 
 
14.
 
COUNTY ATTORNEY
 
A)
 
ACTION
REQUESTED/PURPOSE:
 
Ratify the appeal of the Florida Department of Environmental Protection's (FDEP) dismissal of the County's petition for an administrative hearing concerning the Notice of Denial of the Environmental Resource Permit to the City of Cape Coral (City) for the Ceitus barrier and boatlift replacement. Also, ratify the notice of intent to petition for enforcement of the May 18, 2008 Second Amended Consent Order under Florida Statutes 120.69.
 
Approve an additional $50,000.00 for continued prosecution of Ceitus boatlift replacement.
 
Approve budget transfer of $50,000.00 from Expert Witness Fees -
Okeechobee Releases to Legal Services - Ceitus Boatlift in Non-Departmental Program. (#20110606-COUNTY ATTORNEY)
 
FUNDING SOURCE:
 
Fund - General Fund; Program - Non-Departmental; Project - N/A.
 
WHAT ACTION ACCOMPLISHES:
 
Gives the County Attorney's Office authority to continue the appeal of FDEP's dismissal and address the noncompliance with the May 18, 2008
Second Amended Consent Order through a Florida Statutes 120.69 action.
 
MANAGEMENT RECOMMENDATION:
 
Approve.
 
 
 
Phil Buchanan
3861 Galt Island Avenue
St James City, FL 33956
Phone/fax: 239-283-4067
email: coolcherokee@comcast.net