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Cape stalling on Ceitus and FDEP happy over it

February 9, 2013
Cape Coral Daily Breeze

To the editor:

Once again the folks that pretend to be leaders of the city of Cape Coral have decided to seek another round of delaying tactics to get around replacing the Ceitus barrier.

Just last year Cape Coral Council decided to take the lawsuit to mediation with the County. Now the Cape has decided that they really have no leg to stand on and will have to replace the barrier.

So they are back to their old tactic of stalling. How many times has the Cape decided to delay meetings and delay mediation over the lawsuit on the Ceitus barrier? I believe it has run into several years now.

Folks, the Cape is going to lose this lawsuit because the Cape asked for and got approval from the FDEP to replace the barrier.

The Cape, never happy with anything, requested and got permission from the FDEP to use a Florida law allowing the use of stakeholders to see if there was any net benefits that was greater than putting the barrier back. The stakeholders found that there were no benefits greater then putting the barrier back.

The law is very strict in that it does not allow for any petitioner (the Cape ) any variances from the stakeholders disapproval. Hence the Cape can no longer can use the law to determine that there were any net benefits found that was greater than putting the barrier back.

That leaves the FDEP in a rather horrible position of defending why it granted permission to take out the barrier and move it. And now trying to deny a permit that they previously had approved.

While those of us that look at this with at least some knowledge of the facts, wonder to ourselves how the person in charge of the FDEP that granted the approval and now is saddled with the worst possible position of defending the denial of what he had approved, still has a job with FDEP.

No doubt Mr. Iglehart of the South West Water Management District is probably pretty happy to see the Cape and the County fight over the issues, while he sits back relieved for the moment that the Cape is forestalling his time in court to defend his past decisions.

Meanwhile, the fresh water flows coming from lack of the barrier is destroying the marine life of Matlacha Pass.

Leo Amos




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