More than 75 attend GPICA meeting
The Pine Island Elks Club was nearly filled to capacity Tuesday night to hear an update about the Ceitus boat lift litigation and the Cape Coral plan to annex 5 lots on Matlacha Island.
Roger Wood, GPICA president, introduced Noel Andress, an attorney and a Pine Island resident who represents District 1 on the Lee County Planning Commission. He is also a board member of the Southwest Florida Watershed Council.
“We are involved in the Ecological Management Agreement (EMA),” Andress said. “This is a venue where we can challenge the decision where the city of Cape Coral proposed removing the Ceitus boat lift by filing a lawsuit. After three years, all of the promises made by Cape Coral to put in filter marshes, to address drainage into Matlacha Pass, not one promise has been kept. We spent about $30k on the north spreader lawsuit. Unfortunately the broken promises of Cape Coral has resulted in the sea grasses and oyster bars being destroyed under a foot of sediment.
“The Department of Environmental Protection, as a result of our inquiries, requested additional information from us, called an ‘RAI,’ that enabled us to go back to the original consent order stating the original purpose of the barrier was to hold the silt and impurities back,” Andress said. “Following the RAI, the EPA requested that the Cape apply for a new permit to put the barrier back in place but the Cape submitted an application that was then denied by the EPA.”
According to Andress, Cape Coral has no interest in replacing the barrier known as the Ceitus barrier.
“Then when DEP said that Cape Coral had complied with their request, we withdrew the lawsuit,” Andress said.
“We have filed for an administrative hearing to have the DEP produce the documents that showed how the Cape complied with the DEP,” Andress said. “That’s where we are right now but the lawsuit is a dead issue on that subject.”
According to the agenda for Cape Coral City Council meeting for Monday, Dec. 12 a public hearing was scheduled on Ordinance 57-16, which states: An ordinance providing for the annexation of a parcel of land being Lots 15-28, Matlacha Shores First Addition, together with a portion of Undivided Lot A, Unit 1, Matlacha Isles; providing for redefinition of City boundaries.
The property is located on the north side of Pine Island road east of D&D Bait and tackle.
Andress sent a letter questioning the county attorney that posed the question: “I asked the County Attorney to answer the question whether or not the proposed annexation of approximately 5 acres by the City of Cape Coral would be considered ‘non-contiguous’ because it is separated by a canal or the Pine Island right-of-way. Or whether it creates an enclave?”
The response based on their research stated: On the contiguous matter one of the annexation requirements is that the land must be contiguous to the existing municipal boundary.
“As you can see, it is contiguous because the driveway touches a county right-of-way,” Andress said. “The loophole they found is ‘The separation of the territory sought to be annexed by a municipality … a ‘right-of-way’ or a county highway … shall not prevent annexation’ and that’s their loophole – they are correct. The enclave question was answered by the county attorney that the 5 lots are not an enclave.”
According to Andress Cape Coral has received a $200,000 grant from the Inland Navigation District and has filed a permit to construct five boat ramps.
“We all know in the wintertime that on many days traffic will be backed up to Burnt Store Road,” he said. “Now we’re going to have boat trailers on a two-lane road with a double yellow line on a dangerous curve. So this is a safety issue and our voices need to be heard at the Council meeting.”
The Cape Coral City Council’s meeting on the annexation was Monday at Cape Coral City Hall. The results of that meeting will be posted on the Pine Island Eagle website PineIsland-Eagle.com.The results will also be posted on the Greater Pine Island Civic Association website: GPICA.org
“I think it’s ridiculous,” GPICA president Roger Wood said. “It does not meet the standards for property being contiguous to the annexing municipality in any other state. If the annexation stands, it means any city in Florida can use a highway right of way to annex property miles away. What’s next; will Cape Coral annex vacant property on Pine Island?”
“I hate to see it happen, but I’m concerned that without the intervention of Lee County there’s little that can be done to prevent it,” Pine Island resident Mitch Grant said.
“We are keeping vigilant and stand united against the proposal to annex Matlacha,” Matlacha Civic Association president Christine “Birdi” Smock said. “We want to remain united as a strong separate town, including Pine Island, not chewed slow away into the Cape. We feel the Cape is a land grabbing entity that has turned into a real-estate company, buying and rezoning land against the wishes of the residents (i.e., Seven Islands) we do not want be part of that monstrosity.”
Smock has scheduled a “Protector Rally” Saturday, Dec. 17, from 11 a.m. to 2 p.m. on the Matlacha Bridge.
“This bridge is known as the ‘fishingest bridge’ in the world and is the entryway to the beautiful island of Matlacha,” Smock said. “We invite everyone to participate in this rally. Be sure to bring water, a hat and sunscreen. You can make your own sign or use one of ours (most will say “NO to annexation of Matlacha”). Also bring a positive attitude – this is a peaceful rally. We will be gathering at the bridge before 11 a.m.”
All GPICA meetings are open to the public at no charge. The group meets at the Elks on Pine Island Road, west of Stringfellow Road, on the first Tuesday of the month at 7 p.m. Join or renew membership for $10 per person annual fee. Contact Roger Wood, president, at 920-421-3984.