Cape Coral to explore annexation options
'Enclave’ areas near Matlacha, along Pine Island Road discussed
The city of Cape Coral says there is an issue with certain areas of the city that, well, aren’t actually part of the city, and it’s a problem that needs to be resolved.
Annexation was a main topic of discussion Wednesday during a Cape Coral City Council workshop.
While the city contends the solution seems cut and dry, there are some county property owners who believe that the city moving in to provide fire and police services is not in their best interests.
According to city officials, there are numerous parcel enclaves in Lee County that are completely surrounded by city properties. Mayor John Gunter believes that is the definition of an enclave, and that the city should annex those parcels to make them part of Cape Coral.
“If all four sides are pocketed by city property, in my opinion, that’s an enclave. We should develop that criteria because that’s my definition,” Gunter said, adding such properties would be the low-hanging fruit for annexation.
The city has had 18 voluntary annexations totaling 5.22 square miles since its incorporation in 1971. The city has not attempted an involuntary annexation nor any through an interlocal agreement with Lee County.
Annexations can only occur certain ways: Through a special act by the State Legislature, voluntary, involuntary and through an Interlocal Agreement with a county.
In 2003, the State Legislature passed a Special Act to provide for the annexation of most of the parcels deemed enclaves in Cape Coral. The bill was vetoed by the governor due to opposition from affected property owners.
An Interlocal Agreement with Lee County would seem to be the easiest way to accomplish that task. However, the State Legislature could also act, though that probably wouldn’t happen until the 2023 session at the earliest, as it would take time and research, and the local state delegation would need to draft the legislation.
These enclaves have created issues for the city, officials said.
During the North 2 UEP expansion of potable water, sewer and irrigation water services, residents on Whispering Pines Road, which is in what the city defines as an enclave, did not get water and sewer, as the city is not obligated to provide those services. There are also areas where on one side of a canal there is water and sewer, and septic on the other side, officials said.
Also, because the Cape Coral Police and Fire departments do not cover those enclaves (though they can provide support if asked), that means the Lee County Sheriff’s Office and the Matlacha Fire & Rescue provides those services.
However, there are some who don’t mind that concept as Matlacha’s Fire & Rescue is closer than the No. 8 Cape Coral Fire Station, the closest station to many in the Pine Island Road areas where the city says there are enclaves.
Jay Johnson, owner of Bubba’s on Pine Island Road, said he like the arrangement they have now and doesn’t want it changed.
“I think this is being done haphazardly and we need to look at the services provided by the county as opposed to by the city,” Johnson said. “Matlacha and Pine Island are closer than Station 8, and the LCSO has active officers assigned to our area who stop in on a regular basis.”
Cape Coral Police Chief Tony Sizemore said, though, that these enclaves can be a hindrance.
“Things can go from benign to crazy in seconds. When there is confusion regarding enclaves, it can make the job harder and cumbersome,” Sizemore said.
Cape Coral City Manager Rob Hernandez said there is a lot of misinformation regarding city services and what the tax impact would be on properties brought into the city via annexation, which is why there is so much opposition.
“The level of service is the difference. Having four people on a truck is better than the rest of the county while the CCPD has more resources in proximity to the area than the county,” Hernandez said. “We need to chip away at those misconceptions.”