January 30, 2010

To all Lee County Commissioners:

On Monday afternoon (1 February), you will hold an M&P meeting to discuss the draft Environmental Management Agreement that is being offered by Cape Coral as an alternative to replacement of the Ceitus Boat Lift/Barrier.

Please be advised that the EMA being offered is only a proposal drafted by Cape Coral and its contractors. It has not and I predict will not be accepted by many if not most of the twenty stakeholders in the EMA process. As you know, I served as the legal coordinator for the environmental petitioners in the legal action that led to the creation of the EMA. We hold eleven of the twenty votes in the EMA process, which requires a consensus of 19 voting stakeholders for approval. I and many of the other environmental stakeholders, as well as several of the government agency stakeholders, have repeatedly made it clear that we do not approve of the Cape draft EMA Findings and Conclusions.

The Cape has also made it clear that they are not willing to alter the draft EMA to meet what we regard as minimal environmental requirements. So, the only possible outcome of the EMA process is failure to agree on an alternative that would be of greater environmental benefit than replacement of the Ceitus Boat Lift/Barrier.

I request that you join with the other environmental organizations and agencies in rejecting the Cape’s proposed EMA Findings and Recommendations. My view of our position on the main issues is summarized in the attached paper of December 28, 2009. I will be in the audience Monday afternoon if you have any questions.

Phil Buchanan
3861 Galt Island Avenue
St James City, FL 33956
Phone/fax: 239-283-4067
cell: 239-789-6114
email: coolcherokee@comcast.net