City Council

CITY OF PUNTA GORDA, FLORIDA CITY COUNCIL REGULAR MEETING MINUTES OCTOBER 22, 2025, 9:00 A.M. 120 LAISHLEY COURT PUNTA GORDA, FL 33950 MEMBERS PRESENT: Denton, Julian, Lockhart, Lux, Polk CITY STAFF PRESENT: Interim City Manager Reichert; Interim City Attorney Leskovich; Kristin Simeone, Finance Director; Tom Spencer, Utilities Director; Ron Everts, Public Works Director; Jeff Payne, Human Resources Manager; Boyd Lawrence, Planning Director; Pam Smith, Police Chief; Holden Gibbs, Fire Chief; Anne Heinen, Procurement Manager; Bradford Schuette, Information Technology Manager; City Clerk Welch CALL TO ORDER Mayor Lux called the meeting to order at 9:00 a.m. Carlo Gargiulo provided the invocation, followed by the Pledge of Allegiance. AGENDA APPROVAL Councilmember Polk questioned if the Laishley Park Splash Pad could be added to the agenda. Consensus of Council was to do so. Mayor Lux requested Council add proclamations for the Lighting of the Village, the Healing Field of Honor, and Veterans Day. Consensus of Council was to do so. Mayor Lux requested the boat ramp fees be removed until the workshop could be held. 1) PROCLAMATIONS / PRESENTATIONS 1.a Announcement of City Election Exhibits: Cover Page Announcement of City Election City Clerk announced Deborah Lux won reelection to the District 3 City Council seat and Melissa Lockhart won reelection to the District 5 City Council seat. 1.b Southwest Florida Honor Flight Month Exhibits: Cover Page Southwest Florida Honor Flight Month Councilmember Lockhart presented the proclamation, which was accepted by Alex Davenport, Southwest Florida Honor Flight Vice President. 1.c Punta Gorda Woman's Club Centennial Exhibits:

Cover Page GFWC-Punta Gorda Woman's Club Day Councilmember Polk presented the proclamation, which was accepted by Leslie Ryan, Punta Gorda Woman's Club President. 1.d Children's Grief Awareness Month Exhibits: Cover Page Children's Grief Awareness Month Councilmember Julian presented the proclamation, which was accepted by Amy Huddleston and Angela Melvin, Valerie's House. 1.e Service Award Exhibits: Cover Page Service award not presented this date. 1.f Lighting of the Village Exhibits: Lighting of the Village Proclamation Councilmember Denton presented the proclamation, which was accepted by Kathy Burnham, Fishermen's Village Marketing Manager. 1. g Healing Field of Honor Weekend Exhibits: Healing Field of Honor Weekend Proclamation Mayor Lux presented the proclamation, which was accepted by Alicia Oates, Punta Gorda Rotary President. 1.h Veterans Day Exhibits: Veterans Day Proclamation Mayor Lux presented the proclamation, which was accepted by Stephen Deutsch, Charlotte County Veterans Council. 2) PUBLIC INPUT 2.a Those wishing to introduce themselves as nominees for a board or committee may do so at this time. Those who choose to speak must state their name for the record. Kathy Kemeny introduced herself as an applicant for the Building Board. Lee Brandt introduced himself as an applicant for the Burnt Store Isles Canal Advisory Committee.

Bill Drummond introduced himself as an applicant for the Burnt Store Isles Canal Advisory Committee. 2.b Anyone wishing to address the Council on any matter must state their name for the record. Each person will be allowed to speak up to a maximum of three minutes. Mike Callahan expressed concern regarding limited access to the commercial slips at the Laishley Marina for businesses other than the Freedom Boat Club. He then spoke against selling the marina. Steven Hunt spoke against a recent code citation for his commercial trailer being located at 1869 Manzana Avenue, opining his trailer should be allowed. Richard Kipper provided to City Council a sample of fiberglass rebar and a cost analysis of the use of fiberglass rebar, then speaking about the product versus the currently allowed ChromX chromium rebar. He suggested fiberglass be considered. He noted he had also provided for the City's consideration an amended waterfront standards document which would allow the fiberglass product. Christopher Chase spoke in favor of permitting his property to be used for a trailer rental business, requesting a special exception to do so. Joe Comeaux suggested the funds proposed to be used to complete Laishley Park Splash Pad project instead be used to make hurricane repairs in the parks. He then encouraged residents to read the article about property taxes in this date's edition of the newspaper. City Clerk Welch collected the sample and documents provided by Richard Kipper and returned them to him. Cindy O'Hara spoke against the proposed pavilion to replace the former Bayfront Center at Gilchrist Park. Wendy Mueller encouraged residents to purchase breast cancer awareness stamps to support the local post office in the statewide contest, which had won for the prior 7 years. Tim Ritchie spoke against phosphate mining, stating same was connected to several cancers. 3) PUBLIC HEARING AGENDA (Quasi-Judicial and Legislative) 3.a V-03-2025 - A request by Carlos H. Reyes, as the authorized applicant on behalf of Open Concept Developers, LLC, property owner, pursuant to Chapter 26, Section 16.10, Punta Gorda Code, for a 10-foot setback reduction to allow a 15- foot rear yard setback instead of the required 25 feet for a proposed multi-family development. Exhibits: Cover Page V-03-2025 Application V-03-2025 Site Plan V-03-2025 Staff Report John Robson, serving in the temporary absence of Interim City Attorney Leskovich, read the variance request by title. Rachel Barry, Zoning Official, explained the variance application was for a request to reduce the rear yard setback for a proposed 8-unit multi-family

development at 3930 San Rocco Drive, indicating staff was unable to recommend approval of the request as the application did not meet the required approval criteria from Chapter 26, Section 16.10(b) in their view; however, the Board of Zoning Appeals had recommended approval of the request in a 6-to-1 vote. Carlos Reyes, applicant and Diego Ortegon provided a presentation explaining their proposal to construct townhouses at the subject property, highlighting several meetings with staff which had resulted in the proposed design. He noted a new Zoning Official had determined the design did not comply with Punta Gorda Code and required a variance. Carlos Reyes indicated they did not desire to lose their investment in the current design, explaining they were seeking to break even given rising costs and delays which had rendered a profit unlikely. Councilmember Polk received confirmation from Rachel Barry that the 25-foot setback was intended to protect seawalls on waterfront properties. Rachel Barry noted single-family homes were permitted to encroach further than the proposed multi-family units. Mayor Lux opened the floor for public comment, calling three times for same. Bob Sifrit, Board of Zoning Appeals Chair, explained the Board had recommended approval of this request as the applicant had been told they could develop the property as indicated in the plans and the plans would not result in harm and were not incompatible with surrounding properties. Bill Page stated there was not an issue with the deed restrictions when the property was purchased; however, the Burnt Store Isles Association was in the process of appealing the decision that the restrictions had expired. He requested City Council deny the appeal. He expressed dissatisfaction that the homeowners association did not receive notice of the public hearing as their management group had not forwarded same. Joe Comeaux spoke in favor of the proposed development, noting the City had met the noticing requirements for this public hearing. Cindy O'Hara spoke in favor of the variance, opining the reduced setbacks would not negatively impact neighboring properties' views. Tim Ritchie spoke in favor of requiring the developer to comply with the 25-foot setback, noting there were already many condominiums for sale in the area. Councilmember Polk MOVED to close the public hearing, SECONDED by Councilmember Julian. MOTION UNANIMOUSLY CARRIED. Councilmember Lockhart stated she had lived in that area for 11 years, stating approval of the variance would not result in harm to the surrounding properties. Councilmember Polk questioned if same would set a precedent. Councilmembers Denton and Julian spoke in favor of the variance. Mayor Lux stated she understood arguments for and against approval of the variance. Councilmember Lockhart MOVED approval of the request for a variance, SECONDED by Councilmember Julian. MOTION UNANIMOUSLY CARRIED. NOTE: A 10-minute break was called at 10:43 a.m. 4) ORDINANCES / RESOLUTIONS (No Public Hearing Required)

4.a A resolution of the City Council of the City of Punta Gorda, Florida, accepting a Bill of Sale, Release of Liens/Affidavit of No Liens, and utility easements from Charlotte County Airport Authority and warranty from DM construction, Inc, for water and wastewater facilities at the development known as CCAA Northside Infrastructure; providing for conflicts and severability; and providing an effective date. Exhibits: Cover Page Resolution Accepting Northside Infrastructure Utility Turnover Packet Interim City Attorney Leskovich read the resolution by title. Tom Spencer, Utilities Director, explained the Charlotte County Airport Authority sought to convey to the City utilities infrastructure they recently constructed to provide public water and public sewer availability to the development known as Northside Infrastructure on Challenger Boulevard and a portion of the Charlotte County Airport. Councilmember Polk MOVED approval of the resolution conveying utilities infrastructure to the City, SECONDED by Councilmember Julian. MOTION UNANIMOUSLY CARRIED. 4.b A Resolution of the City Council of the City of Punta Gorda, Florida amending the budget for the fiscal year beginning October 1, 2024, by providing for supplemental appropriations in the amounts identified in Exhibit A; and providing an effective date. Exhibits: Cover Page Proposed Resolution Interim City Attorney Leskovich read the resolution by title. Kristin Simeone, Finance Director, explained the resolution accounted for the appropriation of revenue and expenditures to close the Community Redevelopment Agency Fund, added a grant awarded for seawalls, and added estimates for storm projects with related insurance and Federal Emergency Management Administration funding estimates. Councilmember Polk MOVED approval/denial of the resolution amending the budget, SECONDED by Councilmember Julian. MOTION UNANIMOUSLY CARRIED. 4.c A Resolution of the City Council of the City of Punta Gorda, Florida amending the budget for the fiscal year beginning October 1, 2025, by providing for supplemental appropriations in the amounts identified in Exhibit A; and providing an effective date. Exhibits: Cover Page Proposed Resolution Interim City Attorney Leskovich read the resolution by title only. Kristin Simeone explained the resolution accounted for the re-appropriation of revenue and expenditures from the prior year to the City Leased Real Estate Fund for the approved project for the parking garage sealant to begin in Fiscal

Year (FY) 2026 and appropriation of grant revenues and expenditures from Council-approved grants and one pending on this agenda. Councilmember Julian MOVED approval of the resolution re-appropriating revenue and expenditures contingent upon approval of Item 5.a, SECONDED by Councilmember Lockhart. MOTION UNANIMOUSLY CARRIED. 5) CONSENT AGENDA Councilmember Lockhart MOVED approval of the Consent Agenda except Item 5.a, SECONDED by Councilmember Julian. MOTION UNANIMOUSLY CARRIED. 5.a A Resolution of the City Council of the City of Punta Gorda, Florida, authorizing the City Manager to accept and execute the State-funded grant agreement with the Florida Division of Emergency Management (Agreement No. T0463) for the Punta Gorda High Water Rescue Vehicles Grant in the amount of $581,000, recognizing a local match requirement of $71,000; authorizing the appropriate budget amendments; and providing for an effective date. Exhibits: Cover Page Resolution Accepting Grant Agreement for Bearcat Agreement Interim City Attorney Leskovich read the resolution by title. Kristin Simeone explained the grant was contingent upon the City providing a match. City Manager Reichert noted some of the match could be recouped as training costs. Councilmember Denton MOVED approval of the resolution, SECONDED by Councilmember Lockhart. MOTION UNANIMOUSLY CARRIED. 5.b Proofs of Loss - Hurricanes Helene and Milton. Exhibits: Cover Page Helene - Fire Station #3 - 1623 Aqui Esta Drive Helene - Herald Court - 117 Herald Court Helene - Cooper Street Rec Center - 650 Mary Street Helene - City Hall Annex - 126 Harvey Street Milton - Herald Court - 117 Herald Court Milton - City Hall Annex - 126 Harvey Street Milton - Cooper Street Rec Center - 650 Mary Street Payment Totals 5.c Proof of Loss - Hurricane Ian Exhibits: Cover Page Damage and Deductible Spreadsheet Proof of Loss $3800.00

5.d Invoice of Persson, Cohen & Mooney, P.A. for legal services rendered through October 1, 2025, in the amount of $808.50. Exhibits: Cover Page Invoice #6402 in the amount of $808.50 5.e August 18, 2025, Pre-agenda Meeting Minutes Exhibits: Cover Page August 18, 2025, Pre-agenda Minutes 5.f September 8, 2025, Pre-agenda Meeting Minutes Exhibits: Cover Page September 8, 2025, Pre-agenda Meeting Minutes 5.g September 24, 2025, Regular Meeting Minutes Exhibits: Cover Page September 24, 2025, Regular Minutes 5.h Project Updates Exhibits: Cover Page Project Update 10082025 6) REGULAR AGENDA 6.a Coastal and Heartland National Estuary Partnership Presentation Exhibits: Cover Page CHNEP Presentation Jennifer Hecker, Coastal and Heartland National Estuary Partnership (CHNEP) Executive Director, provided a presentation on CHNEP, including how the organization worked with the City of Punta Gorda to support efforts to protect local waters and wildlife. She noted there were opportunities for City staff to become members of CHNEP's Technical Advisory Committee. Discussion ensued regarding tidal gauges, CHNEP's resiliency conferences, flood modeling, using vaults on properties such as the City Marketplaces to divert storm water, and flood protection. 6.b YMCA Cooper Street Exhibits: Cover Page Presentation Chris Sapp, YMCA of Southwest Florida Vice President of Operations, provided an update on the YMCA's programming at the Cooper Street Recreation Center and plans for future expansion of offerings.

Discussion ensued regarding the YMCA's use of the Cooper Street Recreation Center, with Chris Sapp providing the following responses: (1) building was open to the community during the day, in the evenings, and on the weekends when not in use for child care; (2) community could hold events at the building; (3) signage would assist the YMCA in promoting their availability to the community; (4) communicating with the community through church bulletins. Ralph Fenton? expressed desire for the community to control the upstairs portion of the building to manage activities and programs in that space. Interim City Attorney Leskovich commented positively on the work done to the building, noting the lease could be broken or amended as the City desired. He stated the City controlled the building and would not give up that control even to the lessee. He stated residents who had contacted him expressed desire space for socializing and clubs. Kendall Ellis opined a portion of the community was focused on feelings regarding what happened in the past, suggesting Council consider whether the residents complaining regarding lack of access had actually been turned away. He stated the greatest value provided by the YMCA was intangible and great benefits were provided. 6.c Magdalina Rezoning Exhibits: Cover Page Magdalina Drive Rezoning Presentation Bill Morgan, Lewis Maguire Homes, provided a history of the partially constructed duplexes at 2938, 2930, and 2926 Magdalina Drive, opining he had suffered financial and reputational harm. He stated his business had over $400 thousand invested in this project, requesting, if the rezoning could not proceed, reimbursement for the money invested to date in the three projects and for the properties to be restored to their pre-construction state at the City's cost. Carl Benge, Principal Planner, explained the proposal to rezone certain properties on Magdalina Drive from General Single-family to General Multi- family, which would require a public hearing process including a recommendation from the Planning Commission. He noted the process to rezone the properties began prior to the repeal of the prior Land Development Regulations. Councilmember Julian questioned the timeline for the rezoning process. Carl Benge replied a timeline could be provided once certain legal questions were answered. Bill Morgan asked if the legal questions could be expedited. Interim City Attorney Leskovich replied he would prioritize this matter. 6.d A Resolution of the City Council of the City of Punta Gorda, Florida approving and ratifying an agreement between the City and Southwest Florida Chapter - Florida Police Benevolent Association (PBA) effective October 1, 2025, through September 30, 2028; authorizing the City Manager to execute the agreement on behalf of the City; and providing an effective date. Exhibits: Cover Page Punta Gorda PBA proposal Ratification Resolution

Budget information Jeff Payne, Human Resources Manager, explained the Southwest Florida Chapter of the Florida Police Benevolent Association (PBA) had finalized and ratified the tentative collective bargaining agreement, requesting City Council authorize the City Manager to execute the contract and to ratify the agreement to be effective as of October 1, 2025, through September 30, 2028. Discussion ensued regarding the following: (1) salary comparisons to surrounding jurisdictions; (2) initial 12% increase for lieutenants and captains was lower than the PBA's initial proposal; (3) total $1.279 million for unbudgeted union costs over the three-year contract period covered; (4) City needed to be cognizant of financial repercussions given uncertainty of property taxes; (5) staff's salary comparisons always focused on surrounding jurisdictions; (6) timeline for further negotiations with the PBA to reach an agreement was uncertain. Councilmember Denton read the resolution by title. Councilmember Denton MOVED denial of the resolution and to return to negotiations between the City and the PBA, SECONDED by Councilmember Polk. MOTION UNANIMOUSLY CARRIED. 6.e Boat Ramp Parking Fees Exhibits: Cover Page Presentation Item pulled per discussion under Agenda Approval. 6.f Rules of Procedure Draft Exhibits: Cover Page Draft City Council Rules of Procedure City Clerk Welch explained the revisions previously requested by City Council had been made, noting a suggestion had been made to establish a one-minute time limit for speakers accepting proclamations. Consensus of Council was to establish that time limit. Mayor Lux expressed desire to change four-fifths to supermajority in Rule 51.2 Consensus of Council was to amend that language. Mayor Lux questioned if a subsequent motion was needed as stated in Rule 41.4.7.1. City Clerk Welch explained formal action was needed to discharge public hearing items. questioning if City Council was comfortable proceeding with a resolution to adopt the document at the November 19, 2025, meeting. Consensus of City Council was to leave Rule 41.4.7.1 as written. City Clerk Welch indicated a formal resolution adopting the Rules of Procedure would be prepared for the November 19, 2025, City Council meeting. 6.g Board Bylaw Amendments Exhibits:

Cover Page Bylaws Presentation City Clerk Welch provided a presentation on changes proposed changes to the bylaws for City boards, requesting Council provide direction on whether to proceed with establishing all eligible boards as 5-member bodies with 1 alternate and whether to increase the allowed number of absences from 2 to 3. Consensus of City Council was to approve the proposed language for the membership reduction for all boards except the Code Enforcement Board and the proposed language for the absence policy change. City Clerk Welch stated staff would proceed with drafting resolutions and an ordinance to effectuate the proposed changes. 6.h Seawall Materials Methods Feasibility Study Exhibits: Cover Page Presentation Marc Storm, Engineering Manager, provided an overview of the prior seawall materials and methods feasibility study and made recommendations for further evaluation in a future study. Discussion ensued regarding the following: (1) appropriateness of Richard Kipper's presentation to the Punta Gorda Isles Canal Advisory Committee; (2) benefits of and timeframe for updating the seawall materials and methods feasibility study; (3) pertinent state and federal statutes regarding vendors, particularly vendors providing specifications, being prohibited from bids; (4) other municipalities which used vinyl seawall panels. Councilmember Denton offered to research the reasons other municipalities were using different seawall materials. Ron Everts, Public Works Director, stated the research staff had done did not align with the information the salesman was providing about his material. City Manager Reichert cautioned Councilmembers should be careful not to speak with vendors but could speak with other government staff members. Bryan Clemons indicated vinyl panels were evaluated by Taylor Engineering and were not recommended due to their shorter lifespan. Consensus of City Council was to table this item in order for Councilmembers to research the matter further. 6.i Event Permit: 25-195612 - The Salty Tarpon American Made Band, October 25, 2025 at the Salty Tarpon Exhibits: Cover Page Application Rachel Barry presented the request for an event permit with street closure for October 25, 2025, from 2:00 p.m. to 8:00 p.m., indicating staff recommended approval of the request. Councilmember Lockhart MOVED approval/denial of the event permit and request for street closure, SECONDED by Councilmember Julian. MOTION UNANIMOUSLY CARRIED.

6.j Event Permit: 25-195327 - The 47th Annual Charlotte County Chamber Christmas Parade, December 13, 2025 Exhibits: Cover Page Application Rachel Barry presented the request for an event permit with street closures for December 13, 2025. Councilmember Polk MOVED approval/denial of the event permit and request for street closure, SECONDED by Councilmember Denton. MOTION UNANIMOUSLY CARRIED. 6.k Laishley Park Splash Pad Main Drain System Failures Exhibits: Demand for Payment Letter Demand for Payment Letter Demand for Payment Letter Demand for Payment Letter City Manager Reichert explained the City was demanding payment in the amount of $172,956.50 due to errors and omissions caused by Weiler Engineering Corporation (WEC), with the funds to be used to repair the main drain system in order for the Laishley Park Splash Pad to begin operation. She requested City Council reallocate $101,000 from the City Hall Rehabilitation Project to the splash pad in order to make repairs quickly, with the funds to be restored once payment was received from WEC. Councilmember Julian expressed desire to complete the project. Councilmember Polk questioned if an errors and omissions policy would provide the funds to be recovered. Interim City Attorney Leskovich replied WEC had submitted a claim against their errors and omissions policy, acknowledging the amount to be provided and when same would be provided was not yet determined. Councilmember Polk MOVED to reallocate $101,000 from the City Hall Rehabilitation Project to the Laishley Park Splash Pad Project, SECONDED by Councilmember Julian. MOTION UNANIMOUSLY CARRIED. 7) BOARDS / COMMITTEE 7.a Confirmation: General Employees' Pension Board (Fifth Member) Exhibits: Cover Page Councilmember Julian MOVED to confirm the appointment of Bradley Teets, SECONDED by Councilmember Lockhart. MOTION UNANIMOUSLY CARRIED. 7.b Nominations: Burnt Store Isles Canal Advisory Committee (2 regular) Exhibits: Cover Page

Burnt Store Isles Canal Advisory Committee Consensus of City Council was to continue nominations to the November 19, 2025, meeting in order to consider a third applicant. 7.c Nominations: Building Board (1 contractor seat) Exhibits: Cover Page Building Board Gadsden Application Kemeny Application Kizer Application Councilmember Julian NOMINATED all interested parties. 8) REPORTS FROM CITY OFFICERS 8.a City Manager Exhibits: Cover Page City Manager Reichert provided the updates on: (1) legislative requests; (2) automated meter infrastructure scope; (3) reverse osmosis water treatment plant scope; (4) Veterans Park gazebo bids; (5) Gilchrist Park restrooms; (6) City Council Chambers scope; (7) Bayfront Center design; (8) Laishley Marina repairs; (9) new City website; (10) pickleball fencing scope; (11) building permitting scope; (12) Gilchrist Park Playground pirate ship scope; (13) parking garage membrane scope. 8.b Interim City Attorney Exhibits: Cover Page Interim City Attorney Leskovich indicated the Emerald Pointe lawsuit was still pending in court despite being settled, noting the RJ Gorman lawsuit was still pending. He stated the City was served with a lawsuit regarding 1000 West Marion Avenue by Icard Merrill on October 9, 2025. He stated the City was pursuing a claim of malpractice against Icard Merrill. 8.c City Clerk Exhibits: Cover Page City Clerk Welch encouraged all to attend the Second Annual Neighborhood Fall Festival and to vote in the upcoming election, adding the first Canvassing Board meeting would take place on Friday, October 24, 2025, at 9:00 a.m. 9) COUNCIL MEMBER COMMENTS Councilmember Polk stated at a town hall meeting she held, District 1 residents spoke on the following: (1) desire for evening City Council meetings; (2) desire for their area be

prioritized for new water meters; (3) desire for Charlotte County and the City leaders to come together; 38 units on Fitzhugh Avenue needed repair or demolition. She then requested the Business and Economic Development Group attend Council meetings to provide updates. Mayor Lux expressed desire to see parking addressed. She then received confirmation from City Manager Reichert that the A.C. Freeman contract would be on the next agenda. She then noted the City shared much information in the weekly highlights reports. 10) PUBLIC INPUT 10.a Anyone wishing to address the Council on any matter must state their name for the record. Each person will be allowed to speak up to a maximum of three minutes. Tim Ritchie spoke against the construction on Socorro Drive and Aqui Esta Drive. He then opining his mother and other residents were due reimbursement for invalid water charges. He remarked on the importance of water quality, requesting $100,000 to perform fieldwork. Cindy O'Hara spoke on the history of the Cooper Street Recreation Center, indicating she had not felt welcome within the community previously. ADJOURNMENT The meeting adjourned at 2:18 p.m.