The community will have a chance to weigh in on a proposed amendment to the Lee County Charter that would establish an approval process for voluntary annexation of a property by a municipality.

At its meeting on Jan. 16, the Lee County Charter Review Commission voted 12-2 to move forward with the public hearings on the draft language, which would add a “Voluntary Annexation” section to the charter under the “Creation, Powers and Ordinances of Home Rule Charter Government” article.

Commission Members Doug Congress and Eric Feichthaler voted against the motion to proceed.

Per the proposed section, voluntary annexation of a property by a municipality at the request of the property owner may only be approved through one of two methods, starting in January of 2025.

In preparing the draft language, county staff provided two versions for the second method for the commission to consider, which it agreed should both be presented at the hearings for public feedback.

The first method would entail a municipality and the county entering into an interlocal agreement. The agreement must include a process for delivery and fiscal responsibilities for services — waste and wastewater; road ownership, construction and maintenance; and fire protection — and it must provide a process for the transfer of services, infrastructure and fiscal compensation.

The second method would apply if a municipality and the county have not entered into an interlocal agreement under the first method or if the property proposed for annexation is outside of a specific area identified in an interlocal agreement. The property owner must prepare a written “Plan of Services.”

In the first version, the owner must file a copy of the plan with the municipality and county. County staff must find the plan sufficient, and the county commission will approve the annexation if the owner has provided competent substantial evidence in the plan to demonstrate delivery of and fiscal responsibility for services.

Under the second version, the owner must file a copy of the plan with the municipality and county. Municipal staff must find the plan sufficient, and the municipal governing board may approve the annexation if the owner has provided competent substantial evidence in the plan to demonstrate delivery of and fiscal responsibility for services. The county commission may file an action in Lee County Circuit Court to invalidate the annexation if the owner has not provided the required evidence.

Prior to the commission’s vote, Deputy County Attorney Andrea Fraser outlined the process moving forward. Four hearings would be scheduled, followed by the commission’s final meeting in April.

“At that meeting, you will determine whether or not it will move forward,” she said.

Fraser continued that at least nine affirmative votes will send the proposed amendment to the county commission, which would then vote on whether to put the amendment on the election ballot for voters to decide on. At least 12 affirmative votes will place the proposed amendment directly on the ballot.

“If it get less than nine, it does not even go to the (county) board,” she said.

Fraser also confirmed that the commission can modify the draft language after the hearings.

The first one will take place on Feb. 13 at 5 p.m. at the Cape Coral Public Library in Cape Coral.

The remaining hearings are scheduled for:

– Feb. 27 at the Veterans Park and Recreation Center in Lehigh Acres

– March 12 at the South County Regional Library in Estero

– March 26 at the North Fort Myers Parks and Recreation Center in North Fort Myers

The Sanibel City Council, along with the governing boards for Cape Coral, Fort Myers and Estero, have voiced opposition to the change to the charter, including signing resolutions in opposition.

To view the draft language, click on CHARTER – DRAFT LANGUAGE.