WEEk of DEcEmbEr 27, 2023 FLIER INSIDE
Need directions? Pine Island Street Map featured in this week’s issue of The Eagle — INSIDE pINEISlaND-EaglE.com
VolumE 47, NumbEr 34
Islanders make case against removal of lock By PAULETTE LeBLANC
pleblanc@breezenewspapers.com
Petitioner’s challenge of the City’s Environmental Resource Permit (“ERP”) for the removal of the Chiquita Boat Lock was concluded on December 20, 2023, and the Administrative Law Judge (“ALJ”) will be issuing her recommended Order to the Florida Department of Environmental Protection (“FDEP”),” the city said in a statement provided to The Breeze Thursday. “In consideration of the factual and expert testimonial evidence that was presented at the Final Administrative Hearing by the City and FDEP, the City is optimistic that this evidence has established a clear legal right and entitlement to the ERP and that the ALJ’s Recommended Order will support its issuance to the City.” The challenge was filed by the Matlacha Civic Association and other parties who oppose the water retention device’s removal. The petitioners contend the application “fails to meet any of the standards required under Florida Law.”
Local attorney J. Michael Hannon is currently working as a qualified representative pro-bono in the ongoing hearing before Administrative Law Judge Suzanne Van Wyk, concerning the city of Cape Coral's request for the removal of the Chiquita Boat Lock located at 5808 Cape Harbor Drive in Cape Coral. “The City of Cape Coral has tried to bury us by throwing a half a dozen lawyers up against us and spending millions of dollars and I am personally appreciative of all of the islanders who have supported us, both financially and with work and research. I think that this will once again pay off,” Hannon said, estimating that the city of Cape Coral will have paid its attorneys nearly $1.5 million before the case is over, and that the fees to experts will likely approach $500,000. According to Hannon, readers are getting a glimpse of what he would call the Pollution Industry. Florida's rules and procedures are now Byzantine and arcane, formulated by lawyers and bureaucrats who are in-bred in the Pollution Industry, he said. “This process is truly unfortunate. Florida, the city of Cape Coral and businesses in our state have plenty of money to develop prudently and protect the environment at the same time. Advancements in environmental protection are available to keep our waters clean. Under the processes created by the Pollution Industry, there is no incentive to do so. Spending $60 million to replace the lock with a dual, high-speed lock is well worth the money, and well within the reach of the city of Cape Coral, the self-professed fastest growing city in the nation. Its own environmental director testified that the city is now only 50% built out. What will the future look like, since the city admittedly uses its
See HEARING, page 6
See ISLANDERS, page 8
FILE PHOTO
A boater passing through the Chiquita Lock in Cape Coral.
Hearing on Chiquita Lock concludes By CJ HADDAD
cjhaddad@breezenewspapers.com
A hearing to determine whether the state should issue a permit allowing the city of Cape Coral to remove the Chiquita Lock concluded Wednesday afternoon. The next steps will be post-hearing briefs of the parties filed in late January or early February, followed by a written decision by Administrative Law Judge Suzanne Van Wyk, which will be a recommended final order. The parties may then file written exceptions to all, or parts of the recommended order. The final order, with exceptions, will then go to the Secretary of the Florida Department of Environmental Protection for review and final say. The hearing will determine whether the FDEP can move forward with its announced intent to issue the permit to allow the removal of the lock based on a plan the city says will improve the quality of water that flows into the South Spreader canal. “The Final Administrative Hearing pertaining to the
County DOT thanks islanders for participating in intersection study The Lee County Department of Transportation would like to thank the residents and business owners of Pine Island for their recent participation in DOT’s Intersection Improvement Evaluation for Stringfellow and Pine Island roads. More than 120 people attended DOT’s public meeting Dec. 7, at which islanders completed comment cards.
Hundreds more participated via online comment cards. More than 86% of respondents said they preferred to keep the existing intersection as is. DOT’s evaluation also included options of a roundabout or a traffic signal. The three options were evaluated for operations and costs as they relate to improving traffic flow and reducing delays.
DOT has stated that the intersection currently is functioning safely and will continue to monitor the intersection as needed. To receive updates from Lee County Government, sign up for the newsletter at www.leegov.com/resources /newsletters. Follow Lee County Government on Facebook, www.facebook.com/leecountyflbocc.
Athlete of the Week.........16 Island Mahjongg.............12 On the Water......................7 insidetoday Cat of the Week...............14 Letters................................4 Web Poll.............................4 Classifieds & Obituaries