Islanders take issue with annexation of city-owned lots
The Pine Island Elks Club was nearly filled to capacity Tuesday night to hear an update about Cape Coral’s plan to annex 5 acres on Matlacha Island.
A public hearing on that annexation action (Ordinance 57-16) will be heard by Cape Coral City Council at Monday’s meeting that starts at 4:30 p.m. in Council Chambers at City Hall. It’s the council’s final meeting of 2016 due to the holiday season. The first meeting in 2017 is set for Jan. 9.
Pine Island resident and local attorney Noel Andress represents District 1 on the Lee County Planning Commission and is also a board member of the Southwest Florida Watershed Council. Andress outlined the issues Pine Islanders face with annexation.
According to Florida statute 171, “the total area to be annexed must be contiguous to the municipality’s boundaries.”
In a letter Andress sent to Lee County Attorney Richard Wesch: “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 of its separation by canal or the Pine Island right-of-way; and secondly, whether the annexation creates an enclave?”
The response Andress received from Wesch said: “On the contiguous matter one of the annexation requirements is that the land must be contiguous to the existing municipal boundary, and the separation of the territory sought to be annexed by a municipality, a ‘right-of-way’ for a county highway, shall not prevent annexation.”
“As you can see it is contiguous because the driveway touches a county right-of-way,” Andress said. “And that’s the loophole they have to permit annexation. The law also prohibits enclaves and 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 grant from the Inland Navigation District of over $200,000 and submitted a permit to build five boat ramps on the property.
“We all know in the winter time that on many days traffic will be backed up to Burnt Store Road,” said Andress. “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.”
“We are keeping vigilant and stand united against the proposal to annex Matlacha,” said Birdi Smock, president of the Matlacha Civic Association. “We want to remain united as a strong separate town, including Pine Island, not chewed slowly 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” on 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.”
Council also will discuss on Monday an audit of the Cape Coral Charter School Authority, approve the city’s federal legislative platform, and hold a public hearing on a resolution seeking the vacation of plat for a street right-of-way and the underlying utility and drainage easements located at Northeast 4th Street.