Cape Coral City Council will appoint a new council member to the District 4 seat during its Wednesday night meeting.
Applicants being considered will include Richard Carr, Theresa Frosoni, Eduardo Jimenez, Robert Luby, William Matthews, Jennifer Nelson, Robert O’Connor, David Orlowski, Anthony Rainone, Jesus Rodriquez, Karen Solgard, Robert Sutter and Blair Veloz.
Councilmember Tom Hayden said each applicant will have a 3-minute opening statement before the council will ask each the same question. He said applicants will be sequestered until their interview takes place. They then will be allowed to stay in the chambers once the interview is done.
Because there are three years remaining in suspended council member Patty Cummings’ term, the appointment of an interim District 4 rep will be effective until Cummings is reinstated by the governor or through the General Election in November 2024.
Gov. Ron DeSantis suspended Cummings following her arrest on three felony counts alleging she falsified her residency within District 4 when she qualified to run for the seat and was subsequently sworn into office. Cummings has been charged with fraudulent application for driver license and two counts of false swearing in connection with or arising out of voting or elections, allegations she has steadfastly denied.
Among the consent agenda items, which are approved without discussion unless pulled by a member of Council:
• Full-service turnkey management contract to Indigo Sports, LLC for the Coral Oaks Golf Course, which consists of 124-acres at 1800 N.W. 28th Ave. The estimated annual amount is $120,000 with a 10% incentive for an annual increase in net earnings after Feb. 1, 2024.
According to the city, Indigo Sports, LLC, a wholly owned subsidiary of Troon Golf, LLC, will “manage and operate the facility” with a basic monthly management fee of $10,000. If it is approved the contract will begin on Feb. 1, 2024, for five years with two operational five-year renewals.
• Memorandum of Understanding and mutual release between the City and Waste Pro of Florida. This will serve as the final settlement of the remaining disputed issues.
According to the city, a Solid Waste Collection contract was entered with Waste Pro of Florida on April 15, 2010 with a first amendment on Sept. 7, 2011 and a second on Oct. 1, 2010. A contractual dispute arose between Waste Pro and the city and a lawsuit was filed, which resulted in a mediation of the disputed issues and a partial settlement reached. In August 2023, the Memorandum of Understanding authorized “the city and Waste Pro to resolve those remaining disputed issues through Voluntary Binding Arbitration.” In December 2023 the parties successfully resolved those remaining issues prior to the arbitration.
The city agrees to release $834,301.46, which was being held by the city for Waste Pro’s invoices for September, October and November.
A related resolution addresses administrative charge disputes.
The city agrees to reverse administrative charges for a total of $58,500, which left $22,250 in disputed administrative charges to be addressed in the arbitration. “The city subsequently agreed to pay, and contractor agreed to accept, $11,125 in full and final settlement of the remaining disputed administrative charges.”
In other business:
There will be a public hearing regarding a resolution that would establish a tree contribution of the General Tree Fund and the South Cape Tree Fund, which would mitigate reductions to tree planting requirements.
The meeting will be held at 4:30 p.m. Wednesday, Dec. 13, in City Council chambers, 1015 Cultural Park Blvd.