Draft charter change on annexation lacks support to move forward
The Lee County Charter Review Commission decided at its recent meeting not to proceed with a proposed amendment to the Lee County Charter that would have established an approval process for voluntary annexation of a property by a municipality.
On April 9, the proposal died in a 5-9 vote on whether to move forward with it.
Had the motion passed, the commission next would have decided on whether to place the amendment on the 2024 ballot as a referendum. Twelve “yes” votes would have been needed to put the language directly on the ballot, while nine “yes” votes would have sent it to the county commission to consider.
Those who voted against proceeding with the proposal cited a range of reasons, including concerns about property rights, language does not require special districts to do their own due diligence, creates unneeded burdens and red tape for property owners and the change may end up creating new issues.
Some also pointed to the lack of participation at recent public hearings as an indicator that the community does not see an issue and is not seeking a change. The commission held two hearings in February and two in March around the county to obtain public feedback on the draft language.
The language would have added a “Voluntary Annexation” section to the charter under the “Creation, Powers and Ordinances of Home Rule Charter Government” article. Per the draft section, voluntary annexation of a property by a municipality at the request of the property owner would have only been approved through one of two methods, starting in January.
The first method would have entailed 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 have applied if a municipality and the county had not entered into an interlocal agreement under the first method or if the property proposed for annexation was outside of a specific area identified in an interlocal agreement. The property owner must prepare a written “Plan of Services.” In preparing the draft language, county staff provided two versions for consideration.
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.
The Sanibel City Council, along with the governing boards for Cape Coral, Fort Myers and Estero, repeatedly voiced opposition to the proposed amendment, including signing resolutions in opposition.
To reach TIFFANY REPECKI / trepecki@breezenewspapers.com, please email