Pendergrass: Intent is to foster annexation cooperation

Concerned about efforts that have popped up in Cape Coral and Fort Myers, Lee County Commissioner Cecil Pendergrass said a proposed charter amendment in front of the Lee County Charter Review Commission that would give the county more authority over annexations is meant to “help the county and the cities work together for better planning for the future.”
He said he is concerned about annexations in other parts of the county, which allowed developments that overwhelmed the local infrastructure in places like Fort Myers where housing permits were approved off Daniels Parkway to areas where the county is unable to provide water, transportation or other utilities.
Pendergrass also referred to the annexation proposals by the city of Cape Coral involving unincorporated areas of Matlacha near Pine Island, which have been opposed by residents, and which he said would negatively impact funding for the Matlacha/Pine Island Fire Control District.
“I’m not trying to stop it,” Pendergrass said. “I’m trying to see if there is something we can do collectively to have more dialogue and conversation.”
“As a policymaker and as a citizen of this county, we should be able to plan for the future to make sure we have the infrastructure and utilities in place as we grow as a community,” he added. “I totally support the development of businesses and the residential, but there is a right place for it and a right time. So sometimes I think we should have a better venue. I am just trying to create some type of venue so we can sit down and discuss that when there is an issue.”
The Cape, Fort Myers, Sanibel and Estero city councils have all voiced opposition to the amendment.
“I want to create a venue, not to deny the annexation, but to provide for long-term planning,” Pendergrass said. “We don’t have any communication with cities when this happen.”
Sanibel Mayor Richard Johnson said the council opposes the charter amendment and expressed concern for the amendment infringing on the city’s home rule.
“Property owners seeking voluntary annexation would be subject to an unnecessary expense related to county bureaucracy,” he said.
Johnson referred to the state Legislature’s efforts to restrict the power of local governments over zoning as relatable to the proposed county charter amendment.
“Home rule is under attack at every single (state) legislative session,” he said. “Not just for the municipalities, but the county as well.”
Johnson said annexation decisions should be left to the local municipalities.
“I totally respect the cities’ home rule,” Pendergrass said. “Before a property is annexed into the city, it is the county’s home rule. So there is two sides to every story there.”
Sanibel City Attorney John Agnew said the county could enter into interlocal agreements with municipalities instead of a charter amendment.
“It isn’t to infringe upon other municipal rights, it isn’t to infringe upon individual rights,” he said. “Interlocal agreements is a simple way to address it.”
Speaking after the review commission meeting on Sept. 12 at which representatives from the cities were present, Pendergrass said he disagreed with interlocal agreements being the appropriate solution.
“I wouldn’t support that,” he said.
Pendergrass said he did not think interlocal agreements with the municipalities, property owners and county would work. He would like to establish a process that the Lee County Commission would hold to review annexation applications.
“I want to have a conversation between the county, the city and an approval process,” Pendergrass said.
He added that county commissioners currently “have no seat at the table.”
The Lee County Charter Review Commission is scheduled to meet again on Oct. 10.
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