Cape Coral leaders authorize legal action in West Cape Estates utility fight

Cape Coral city leaders gave the city attorney authority Wednesday to pursue legal action if necessary to force West Cape Estates to connect to the city’s potable water and wastewater systems. City Attorney Aleksandr Boksner told council members his first step would be to speak with the community's attorney in hopes of reaching a resolution. West Cape Estates homeowners urged the council during public comment not to move forward with legal action. One resident said an engineering estimate put the connection cost at about $150,000 per home. "As the wife of a disabled veteran who lives on a fixed income, and the possibility of having to take on a financial burden of this magnitude is extremely concerning," West Cape Estates Resident Linda Grasshorn said. The city says West Cape Estates is required to connect under its 2003 development ordinance and current utility rules. The community disputes that position and has cited a 2017 city resolution in arguing it should not be forced to connect. City Manager Michael Ilczyszyn said other gated communities in Cape Coral’s utility service area are connected to centralized water and sewer, and warned that making an exception for West Cape Estates could set a precedent. According to Ilczyszyn, these are gated communities that are being provided centralized water and sewer services: Heatherwood Lakes, Trafalgar Woods, Blue Water Coach Homes, Sandoval, Stonewater, Hudson Creek, Bellavita, and Trotta, Tarpon Point, Emerald Cove, Coral Lakes, the Hermitage, Cape Harbor, Kismet Lakes, North Cape Estates, and Lavita Estate. Council members also discussed whether the city could help spread out the cost for homeowners through an assessment placed on tax bills. The city attorney has the authority to pursue legal action if talks with the community do not resolve the dispute. DOWNLOAD the free Gulf Coast News app for your latest news and alerts on breaking news, weather, sports, entertainment, and more on your phone or tablet. And check out the Very Local Gulf Coast app to stream news, entertainment, and original programming on your TV