No more Turning Basin?

Attachments
Dock Settlement Agreement
ExhibitA - Subject Parcel
ExhibitB - Dock Plan

The neigbors along the Cutlass Dr. Canal, which includes all of us, have been engaged in a law suit to prevent the building of a large dock extending into our turning basin. One of our neighbors across the canal, Dan Markle has asked us to post the following letter in the hope of bringing attention to this issue and asking for your support.

Neighbors,

You will find attached a settlement agreement that we are told the county has signed with the plaintiff on the dock situation. It is scheduled to go in front of the Board of County Commissioners (BOCC) on April 15 for their approval of a boat dock in Cutlass Basin!! You should find 3 attachments in the attached zip file, the agreement, a survey, and a sketch of the proposed dock.

I should not have to be emailing you this news, because for our county to break the laws, by not enforcing the zoning & building codes to settle a law suit is egregious at best.

Chris Hall & myself have put up a noble & exhausting fight trying to enforce the law, and we were helped financially by other adjacent neighbors to fund the attorney which stopped the original settlement agreement set for approval in front of the BOCC on Nov.19,2013. But these county attorneys are adamant about settling this law suit and are willing to not enforce the law to do so.

Therefore we all have two options to try and stop this situation--

Option 1
Contact the county attorneys & the county commissioners by phone & mail. Address a copy of your letter to each one.

County Attorneys:

Richard Wesch, John Turner, Michael Jacob
Phone: (239) 533-2236 --same line in to all three
PO Box 398
Ft Myers, Fla 33902
County Commissioners:

1-Commissioner John Manning
Phone:(239) 533-2224
Fax: (239) 485-2155
Mailing Address:
Box 398, Ft. Myers, Florida 33902-0398
2-Commissioner Cecil L Pendergrass
Phone: (239) 533-2227
FAX: (239) 485-2021
Mailing Address:
Box 398, Ft. Myers, Florida 33902-0398
3-Commissioner Larry Kiker--"Our district & Board Chair"
Phone: (239) 533-2223
FAX: (239) 485-2099
Mailing Address:
Box 398, Ft. Myers, Florida 33902-0398
4-Commissioner: Brian Hamman Vice Chairman of the Board
Phone: (239) 533-2226
FAX: (239) 485-2054
Mailing Address:
Box 398, Ft. Myers, Florida 33902-0398
5- Commissioner Frank Mann
Phone: (239) 533-2225
FAX: (239) 485-2092
Mailing Address:
Box 398, Ft. Myers, Florida 33902-0398
Option 2
Show up at the BOCC meeting on April 15, 2014 at 9 am.

It is located at the old courthouse building at 2120 Main St.--ask the receptionist in the lobby where they BOCC meets. They are supposed to have everyone who wants to speak sign a card--everyone has 3 minutes. The main thing to emphasize is the breaking of the law and their reputation for doing so---instead of enforcing their codes & zoning laws --and the statute of limitations on this suit which gave the plaintiff 4 years to file, they are willing to look away and grant him a permit to settle the suit. The 1st dock rejection on this site was 1996 by a former owner, and another between then and 2006 when the current owner filed and was rejected. It was clearly past the statue of limitation when his suit was filed. It was heard by a judge who is know for dismissing suits of this nature in Aug 2013, and he followed his M.O. by dismissing it. It needs to be appealed and there would be NO dock!

I plan on putting flyers in the mailboxes in Siesta Isles over the next few days. I hope the Presidents of all the associations in Boardwalk Caper will distribute this information. And to those of you who received this email please pass this onto anyone who may have an interest in stopping our county government from making the wrong decision that will adversely affect our sub-division and set case precedence for further possible disruptions of our neighborhood.

Please be advise that my email is spam blocked, so if you pass this onto someone who tries to email me, it will go into my spam box.

Should you have any further questions please don't hesitate to email or call. 239-466-7484.

Kind Regards,

Dan Markle