Annexation update: Cape’s ‘not going to be a good neighbor’
Last Wednesday evening, a number of residents of Pine Island and Matlacha attended the Matlacha Civic Association meeting. The topic of the meeting was Cape Coral’s annexation of six city-owned lots on Matlacha Island.
On Dec. 12, 2016, the Cape Coral City Council, despite protests by more than 100 Pine Island/Matlacha residents, voted 4-3 to approve the annexation of the properties west of Miceli’s Restaurant along Pine Island Road.
In response, the Matlacha/Pine Island Fire Control District sent a “Petition for Writ of Certiorari; and Complaint for Declaratory and Injunctive Relief” to put the annexation on hold pending mediation. “The Petition, … addresses the City’s violation of and failure to satisfy the requirements of the annexation statute in adopting the Ordinance.”
The petition also seeks “declaratory and injunctive relief … because the annexation serves no valid municipal purpose and violates Article VIII, Section 2 of the Florida Constitution.”
The parcel is made up of six individual lots that the city purchased in 2012 in a package of 491 parcels for $13 million, a deal that also included the Seven Islands property in northwest Cape Coral. The parcels under consideration for annexation serve as a parking lot for the boat launch ramp at D & D Bait & Tackle. The city wants to add the property to its parks plan and improve the ramp access points.
“I was one of those who spoke in opposition of annexation at the council meeting in Cape Coral,” Bokeelia Civic Association President Michael Dreikorn said. “We went so far as to ask the council to ‘stay’ the decision until they got more information … because at the time they were making an uninformed decision.”
The council voted against postponing the vote for annexation and then went on to vote for the annexation.
“I think we all know Cape Coral is not going to be a good neighbor,” Dreikorn said.
The petition from M/PIFCD challenges the city’s attempt to annex the six parcels of property based on “The property being annexed by the City is vacant and has no residents. Thus, the City is on both sides of the annexation. It is the sole resident seeking annexation on the one hand, and the entity approving annexation on the other.”
Second, the petition states, the city’s attempt at annexation must fail because the city has not met the requirements of the annexation statute. The property to be annexed creates an illegal pocket or enclave in violation of the statute.
Finally, the petition says the city did not provide adequate notice to the members of the association and other residents of Matlacha and Cape Coral about its annexation plans. The petition further claims the annexation was unconstitutional because the city is acting as a land speculator and developer.
Mike Hannon, a Washington, D.C. attorney, contends the city of Cape Coral is competing with developers by owning 1,561 unimproved parcels, 1,100 of which are vacant residential lots and approximately 70 residential lots with homes.
“They are competing unfairly with developers,” Hannon said. “A city can only use taxpayer funds for a legitimate municipal purpose.
“We also think the Seven Islands properties are part of the same malevolent purchase of land to act as a speculator as a real estate developer,” Hannon said. “If we’re correct and can convince the court they’re going to have a great deal of difficulty moving forward on the Seven Islands project and they’re going to have a great deal of difficulty maintaining ownership of these lots, if a court concludes that its not a proper city purpose for them to own them.”
The Matlacha Civic Association has established a fund to fight the annexation and raised more than $30,000.
“The reason the thermometer says $100,000 is because we don’t want them to push us around any more,” Hannon said.
Donations to the Matlacha Annexation Legal Defense Fund may be made online at www.matlachacivicassociation.org. Donations can also be made by mail to the Matlacha Civic Association, PO Box 121, Matlacha, FL 33933. Write ‘Matlacha Annexation Fund’ in the memo line.