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City, Waste-Pro agreement on the table

By CHUCK BALLARO 3 min read
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The city of Cape Coral and its solid waste removal provider have hammered out an agreement to resolve issues and fines related to past issues with collections.

The memorandum of understanding with Waste Pro will come to the Cape Coral City Council during Wednesday’s meeting as part of the consent agenda. This means unless pulled for discussion and rejected by the elected board, the resolution will pass.

In the agreement, Waste Pro agrees:

That the city shall retain $308,069.81 the city is currently holding, representing costs incurred by the city for staff and equipment expenses while assisting in removing horticultural waste,

That the city shall retain $183,727.50 from amounts the city is currently holding from payments due to Waste Pro setoff from the 8.5 percent franchise fees on full invoice amounts,

That the City shall retain $416,394 from amounts the city is currently holding, as a customer service rebate,

Waste Pro will continue to provide bulk hauling services to the pilot bulk waste drop off site for the city until Sept. 30,2024. Waste Pro will not charge for these services for the 2023 fiscal year, which has a value to the city of $240,334. For the following budget year, the city will pay Waste Pro $240,334 for bulk hauling services at the pilot bulk waste drop off site in monthly installments of $20,027.83.

The city would, in turn, release $1,732,628.54, which is currently being withheld by the city, to Waste Pro within 30 calendar days.

Within three business days of the release of the money, the parties will file a Joint Stipulation for Dismissal with Prejudice of the lawsuit between the entities.

Waste Pro has provided solid waste removal services for the city since 2010. The service agreement was renewed in 2020.

However, in recent years there have been issues with Waste Pro failing to pick up trash, and horticultural and bulk waste, some of which sat on the curb for weeks.

Waste Pro said it was from a lack of drivers as the company was unable to get enough of them to do their routes.

With complaints rising, the city started fining Waste Pro $250 per day per incident, which soon ran into the hundreds of thousands of dollars.

Waste Pro then sued the city in a contract dispute in the Lee County Circuit Court.To resolve the contractual dispute, the parties entered into mediation on July 27.

As a result, the Memorandum of Understanding and Mutual Release between city and Waste Pro was reached, subject to the approval of City Council.

In other business:

• Council will set and certify the fees and assessments for the upcoming 2023 fiscal year.

The assessments will be for lot mowing, residential and commercial solid waste, fire service, stormwater, utility capital expansion fees and contribution in aid of construction fees.

• Council will certify the results of the Aug. 23 primary election and call for the Nov. 8 general election.

Wednesday’s meeting will begin at 4:30 p.m. in the Council Chambers at City Hall, 1015 Cultural Park Blvd.

To reach CHUCK BALLARO, please email news@breezenewspapers.com