Greater Pine Island Civic Association discusses Cape annexations and revisits possibility of incorporation
The history and recent recurrence of the city of Cape Coral’s voluntary property annexation caused quite a stir at the Greater Pine Island Civic Association meeting on July 5.
The meeting, held at the Pine Island Elks Club, brought islanders in to discuss, what, if anything, could be done about the possible development of land where Burnt Store Road and Veterans Parkway intersect with Pine Island Road. Cape Coral recently annexed the property.
GPICA President Helen Fox gave a brief history of the 2016 court case regarding Cape Coral’s annexation of 6 parcels, covering nearly 5 1/2 acres in Matlacha where the D+D Bait and Tackle Shop stands. This case, brought the original idea of incorporation of Pine Island, to avoid further annexation and development of land that may be in direct conflict with the Pine Island Plan — a plan which classifies the island as coastal rural and places development restrictions on any island property.
“Members of the community had no say in the vote, and under Cape Coral zoning rules, the city could add additional boat ramps, a marina and buildings up to 8 stories tall. This effort, fortunately, was successfully challenged by a lawsuit,” Fox said.
“In response to the annexation, the GPICA began studying the idea of incorporation. We hired a company to conduct a financial feasibility study, we conducted a non-binding poll of residents and we created a draft charter for the new town, if it should be approved by the residents. We expected to present these documents to the Southwest Florida Legislative Delegation in 2018, but, community concerns were raised and the effort was put on hold,” Fox said, describing previous incorporation discussions as heated and contentious.
Due to the recent voluntary property annexation and possible development there, incorporating Pine Island has been brought back to the table. “Things have changed,” Fox said, in an effort to encourage islanders to move to the next step, in whichever direction they see fit.
The property in question is one of voluntary annexation, which means, the property owners have requested the city of Cape Coral adopt the unincorporated Lee County property into the city, making it legally a part the city, to operate under the zoning laws and any other rule of the city, rather than the Pine Island Plan.
It seems concern that the Pine Island Plan might be ignored caused islanders to vote heavily in favor of reopening discussion on incorporation at the June meeting, a consideration, Fox said, the GPICA is taking seriously. Greater Pine Island Water Association engineer and general manager Mikes Maillakakis, who spoke at the June meeting, was invited back to update and inform members of the differences between voluntary and involuntary annexation.
The city of Cape Coral, Maillakakis explained, has a two-pronged approach to annexations. In the case of voluntary annexations, the city will work with the property owners as they go through a voluntary annexation process, and involuntary annexation by special act, which is when the people who are being annexed are in disagreement with the annexation. Because of this disagreement, Maillakakis said a new law is being created to allow property to be annexed into a surrounding city.
Maillakakis said there are many stakeholders in this current endeavor to fight against the annexation at Pine Island Road and Burnt Store Road, naming among them the GPICA, GPIWA, Matlacha Civic Association and the Matlacha/Pine Island Fire Control District.
“As the city keeps growing to the west and as they grow to the west, through voluntary annexations and other means, they start creating enclaves,” Maillakakis said.
Enclaves are created, not chosen, when a city trudges forward, regardless of the reason, bordering a particular property. The city of Cape Coral, he said, is currently headed west, making its way further and further toward Pine Island. Although there are no current annexations happening in Matlacha or on Pine Island, he said, it’s easy to see a westward progression. The new law regarding annexation by special act will be presented at the Lee County Legislative Delegation in December.
“We met with (State Rep.) Mike Giallombardo. He is going to sponsor the special act at the Lee County Legislative Delegation, so that’s not good for us. We’re going to try to talk him out of it, we’ll see if we’re successful or not. We did meet with Rep. Adam Botana … he used to be the representative for all the islands — Sanibel, Pine Island, Matlacha — because they’re redistricting this year, Matlacha is out of his district now. Matlacha ends up falling in Giallombardo’s district and Giallombardo’s district duplicates the city of Cape Coral, so that’s not good news for us either,” Maillakakis said.
A meeting with Sen. Ray Rodriguez did happen, although Maillakakis said he is not currently seeking re-election, he did offer the islanders some insight. According to Maillakakis, Rodriguez said there needs to be a house sponsor as well as a senate sponsor for the bill to pass.
“We’re going to double our efforts with the new senatorial candidate and then the other two senators that touch Lee County. The plan of action moving forward is to try to convince Rep. Giallombardo to not sponsor the house bill, try to convince the senator who’s going to take over Ray Rodriguez’s seat to not sponsor that bill in the senate and then meet with other members of Lee County Legislative Delegation, explain the rationale of why we oppose the annexation by special act,” Maillakakis said, adding the reason for this opposition is a simple matter of property rights.
In August, Maillakakis said a social media campaign will be launched, to strengthen efforts to keep this annexation by special act from effecting Pine Island. To become a part of this campaign, send an email to: Temp1@PineIslandWater.com
For details on incorporation, to read the Pine Island Plan or to learn more about GPICA membership, visit gpica.org
To reach PAULETTE LeBLANC, please email pleblanc@breezenewspapers.com