Tensions erupt over Cape Coral Yacht Club, leads to debate on historic status and a councilmember's actions

Ongoing issues with Cape Coral's Yacht Club Community Park, have sparked a debate between the city council on historic preservation as a councilor is singled out for "rogue" actions.

There was no item on the city's agenda that related to the Yacht Club, but Wednesday's city meeting took a surprising turn once Mayor John Gunter introduced a last-minute discussion item related to Gloria Tate's application to get the yacht club on the National Register of Historic Places.

Gunter called out and took issue with Hayden letting his name as a council member be used in Tate's application. Tate is a former city councilwoman and longtime real estate agent in Cape Coral.

"By putting down Councilmember Tom Hayden, someone could draw an inference that the city of Cape Coral is supporting that application," Gunter said.

Tate has advocated for weeks on restoring the Yacht Club and applying the ballroom building for the National Register of Historic Places. The Yacht Club ballroom was built in the 1960s, before Cape Coral became a city in 1970.

To qualify on the national register, a building, structure, or site must be at least 50 years old and be associated with events, activities, or developments that were important in the past.

The National Register nomination process usually starts with a State Historic Preservation Office, which notifies and assesses the eligibility of the potential landmark. The office also notifies property owners and local governments, who could object and stop the process if a majority do not want the property listed.

The state process length varies, a minimum of 90 days, and then moves to the National Park Service in Washington, D.C., for final review, which will make a decision within 45 days. Total, that is roughly 4.5 months.

Gunter asked the council to vote on whether members support the historic landmark application and said Hayden should not have acted on his own.

"We do that as a collective body, we don't do that as an individual," Gunter said. "I'm a little disappointed."

Councilmembers Bill Steinke and Keith Long agreed that a vote was needed to clear up any misconceptions that the city endorsed Hayden's actions.

"I think we all know the intention was to stop the demolition," Steinke said. "We are in the dark because this was done behind our back."

Hayden defended himself and said he did not put his name on the application but did endorse a historic designation for the Yacht Club.

"I didn't sign anything, my name was used," Hayden said. He asked the council to look at the application before making a decision.

Councilmember Jessica Cosden wanted to see the application.

Gunter did not provide the application but said "it had no bearing" on the discussion and said, "As a city, we have to make a determination what our position is."

Councilmember Cummings said she was disappointed and called out Hayden for his actions, raising ethical and legal issues. She also said there may be a conflict of interest because Hayden is on the board of directors for the Cape Coral Museum of History.

Fellow Councilmember Dan Sheppard questioned the legality with the city attorney, who couldn't provide a definitive answer without the application.

Cummings also requested an investigation, with Gunter saying he requested the application and will provide it to the council.

Sheppard equated Hayden's actions to more than sufficient for investigation and brought up Hayden's vote to investigate Cummings.

"This might turn into a big deal," Sheppard said.

An anonymous letter claimed Cummings violated the city charter and falsified her election qualifications regarding her residency, which prompted the council to vote six to two on an investigation.

Cumming said her comments had nothing to do with the investigation against her.

"This has nothing to do with my case, this has everything to do with going above and beyond your scope of practice," Cummings said.

She said she wants to have a further conversation on Hayden's action and make sure he does not use the power of government for his own ends.

"Now it's not fair because we all have to sign this and we'll really look bad, it's like a set-up and I don't like this," Cummings said.

Councilmember Robert Welsh said he was against sending a letter saying that a majority of the council opposed the historic designation for the Yacht Club.

Long recommended sending a letter calling Hayden's action a "rogue suggestion" and making it clear that it was not a representation of the city as a whole to avoid saying the city opposes efforts to put make the Yacht Club a state historic landmark.

The majority of the council took Long's suggestion and approved the motion in a unanimous vote.

Tate provided The News-Press with a copy of the application, and though Hayden is cc'd and named in the email as supporting historic designation, neither his name nor his signature is present in the application form.

Hayden said he was acting on his own to help Gloria forward the process because it might open the pathway for other buildings in Cape Coral to be declared historic sites.

He also doesn't believe he did anything illegal or wrong.

Luis Zambrano is a Watchdog/Cape Coral reporter for The News-Press and the Naples Daily News. You can reach Luis at Lzambrano@gannett.com. Follow him on Twitter @Lz2official.

This article originally appeared on Fort Myers News-Press: Going rogue? Cape Coral Councilman Tom Hayden nicked over Yacht Club