West Cape Estates homeowners may be forced to hook up to the city’s wastewater and potable water systems
Homeowners in West Cape Estates could find themselves paying assessments to hook up to city utilities, something they say they neither need nor want.
Cape Coral City Council on Wednesday gave the city attorney authority to pursue “whatever legal means necessary and appropriate” to require the small gated waterfront community connect to the city’s wastewater and potable water system.
City Attorney Aleksandr Boksner said before council’s discussion that he had provided them with documentation regarding the position of the city and he had discussions with each of them regarding the matter, which should not be disclosed.
Director of Utilities Jeff Pearson had notified the West Cape Estates community in February that it was required to connect to city utilities despite having its own system of wells and waste processing.
Some residents of the area spoke during the public input portion of the meeting as did the community’s attorney.
Attorney Rob Robinson contested the legality of the city’s position that connection was required either legally or for environmental reasons.
“My clients have never signed an agreement – most did not own property back in 2000,” Robinson said.
Dan Root, a homeowner in the community, also spoke and said city records showed that West Cape Estates was explicitly exempt from city utility mandates. He said the community has state permitted advancement wastewater treatment with mandatory state service contracts.
Root said six months after forcing their volunteer-run HOA to engineer, permit and install a massive civil utility project by June 1, the city levied liens against individual homes.
“The total economic impact could exceed $150,000 to $200,000 per home,” he said. “West Cape Estates never applied for central service. Vote to amend the plan development, uphold the resolution and allow West Cape to remain on private systems.”
A letter was sent to the homeowner’s association stating that the “next steps for West Cape Estates would be to submit a written plan of action and proposed timeline for completion of the required connections no later than June 6, 2026,” the Feb. 19, 2026, letter from Utilities Director Pearson said.
Ernest W. Sturges Jr. of Goldman Tiseo Sturges Attorney at Law replied to that letter on March 24, 2026.
The letter stated that a specific section of Resolution 104-17 “specifically addresses West Cape Estates and provides that the tax parcels comprising West Cape Estates should not be subject to assessments contemplated under the Resolution. This section further provides that if the owners of parcels in West Cape Estates should apply to the City for the provision of central utility services, then such owners will be responsible for any applicable Contribution in Aid of Construction fees, Utility Expansion Fees, and/or any other expenses necessary for the provision of potable water service by the City, in accordance with the City Code and any resolutions adopted thereunder.”
Boksner advised the council to be mindful that the workshop item was whether or not they were granting the city attorney’s office the authority to pursue requiring the community connect to the city’s system.
“What I am asking – seeking your direction to pursue whatever means necessary to ensure West Cape Estates Community connects to the city system presently available at the entryway,” he said.
City Manager Michael Ilczyszyn told council city staff had exhausted its ability to seek compliance.
He said all other gated communities in Cape Coral are served by the city’s centralized water and sewer system.
Councilmember Laurie Lehmann asked where the $150,000 per homesite price tag expressed during citizens input was coming from.
Boksner said while he understood her concern, he did not want that to be the basis on which she made her decision.
“It has no legal bearing, or applicability of whether or not the city has the legal authority to mandate the connection. The cost is borne by the individual homeowner, or association,” he said.
Councilmember Keith Long said the private homeowner community is responsible for constructing and maintaining its own system and meeting the city at the street.
Long said if you bundle in what those property owners have paid for a specialized well system, with another $150,000 for each homeowner, which does not go on the tax roll, but rather a private developer that needs that upfront, the community has already paid an exorbitant amount.
“Those are the human elements that I am talking about, $200,000 with the advanced septic. There are nuances here,” he said.
Long said what council was really deciding was if the city should sue the citizens to comply and will the city be successful in the endeavor.
Council ultimately decided that its position needs to be fair and consistent across the board, for all, when it comes to connectivity to the city’s wastewater and potable water system.
Property owners throughout Cape Coral are required to hook up to public utilities as part of the city’s utility expansion program. Residents pay an assessment and fees for their portion of the cost of bringing in utility infrastructure, impacts to treatment facilities, and connection charges.
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