City Council

CITY OF PUNTA GORDA, FLORIDA CITY COUNCIL REGULAR MEETING MINUTES JANUARY 29, 2026, 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; Deputy City Clerk Falkner CALL TO ORDER Mayor Lux called the meeting to order at 9:00 a.m. Carlo Gargiulo provided the invocation, which was followed by the Pledge of Allegiance. AGENDA APPROVAL There were no changes to the agenda. 1) PROCLAMATIONS / PRESENTATIONS 1.a Paint Punta Gorda Purple Day Exhibits: Cover Page Paint Punta Gorda Purple Day Proclamation Councilmember Lockhart presented the proclamation to Victoria Naskale, Florida Gulf Coast Chapter Alzheimer's Association. Victoria Naskale thanked Council for the recognition, encouraging residents to participate in Paint Punta Gorda Day. 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. Exhibits: William Pappadake introduced himself as applicant for the Punta Gorda Isles Canal Advisory Committee, providing a summary of his qualifications and expertise. Jaha Cummings introduced himself as an applicant for the Police Officers' Pension Board, noting that the City's pension fund was favorably recognized at a recent conference in Scottsdale, Arizona.

Terry Zeigler introduced himself as an applicant for the Historic Preservation Advisory Board, thanking Council for the nomination. He provided a summary of his interests and qualifications. Councilmember Lockhart requested the City Attorney provide an opinion on freedom of speech regarding public comment procedure. Discussion ensued regarding advice from the City Attorney. 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. Exhibits: Attachment Wendy Mueller thanked Marco Huembes, Utilities Maintenance Worker, for his assistance addressing a recent incident involving a broken pipe at her property. Cindy O'Hara spoke against the Bayfront Center tiki project. Jerry Waxler spoke on Item 6.b., stating Peace River Community Housing Partners, Inc. (PORCH) was requesting an extended deadline since construction had not yet started. Bob Fritz spoke on Item 6.a., expressing concern that equipment calibration was not addressed in the proposed agreement. He also expressed concern about the timeframe for enforcement. He then spoke on the proposed parking ordinance, expressing concern that the parking requirement was not strict enough for effective enforcement. Mark Powell spoke on the Herald Court parking garage elevator, expressing frustration about chronic equipment failure. Kay Abbs, Punta Gorda Isles Civic Association Government Liaison, spoke on meeting and social media decorum, noting recent incidents in Sarasota County. Tim Ritchie spoke on free speech and commented on recent incidents with Mosaic. 3) PUBLIC HEARING AGENDA (Quasi-Judicial and Legislative) 3.a QUASI-JUDICIAL: VR-01-2025 - A request by Don B. Construction, Inc., property owner, for an initial determination of vested rights, pursuant to Chapter 27, Vested Rights Determination, Punta Gorda Code, to allow the applicant to continue forward with development of a five-unit rowhouse on the subject properties. Exhibits: Cover Page VR-01-2025 Staff Report Application Survey, Site Plans, and Legal Description Progress Plans, Site Plans, Floor Plans, Elevations, Sewer Map Repealed Chapter 26, Section 3.2(c)(10) Historic Overlay Repealed Chapter 26, Section 3.2(d) Rowhouse Repealed Chapter 26, Section 7.1-7.6, Architectural Provisions Repealed Chapter 26, Section 10.6 TPG Parking Interim City Attorney Leskovich read the agenda item by title and swore in participants.

Geri Waksler, attorney for applicant, provided an overview of the request for vested rights regarding the properties located at 297 East Virginia Avenue and 407 Wood Street. She explained the properties were proposed to be developed as a 5-unit rowhouse platted for individual ownership, which was not allowed under the current Land Development Regulations (LDRs) but had been allowed under the repealed LDRs. She reviewed the costs expended to date, noting same provided evidence of a good faith investment. She indicated the Planning Commission recommend approval of the application for vested rights pursuant to staff's conditions, except that the Planning Commission recommended the period for vested rights be reduced to 3 years from staff's recommendation of 5 years. Boyd Lawrence, Planning Director, clarified that Council was making a final determination and reiterated that City staff recommended approval. Mayor Lux opened the floor for public comment, calling three times for same. Tim Ritchie spoke against allowing rowhouses on the subject property, expressing concern that same would overburden municipal utilities. He requested Council deny the application for vested rights. Councilmember Julian MOVED to close the public hearing, SECONDED by Councilmember Denton. MOTION UNANIMOUSLY CARRIED. Councilmember Denton opined the application qualified for a finding of vested rights. Interim City Attorney Leskovich stated the application did qualify for same. Mayor Lux clarified the 3-year timeframe, noting it ran from the date the vested rights were granted. She suggested allowing for 2 years with initial Council approval, with the option to request a 1-year extension from Council if needed. Boyd Lawrence clarified that the 2-year timeline would run from the date the building permits were issued. Geri Waksler stated the applicant had no objection. Councilmember Polk MOVED to approve final determination of vested rights subject to staff's conditions and the Planning Commission's recommendation and revisions discussed this date, SECONDED by Councilmember Denton. MOTION UNANIMOUSLY CARRIED. 4) ORDINANCES / RESOLUTIONS (No Public Hearing Required) 4.a LEGISLATIVE: ZA-04-2025 - An Ordinance of the City of Punta Gorda, Florida, amending Chapter 26, Punta Gorda Code, the City of Punta Gorda Land Development Regulations, to improve efficiency in review of development applications and to update other affected sections; amending Article 3, Regulating Districts, Section 3.5(a), GM, General Multi-Family Residential District - Permitted Principal Uses and Structures, and Section 3.20(a), EPCO, Emerald Pointe Condominium Overlay District - Permitted Principal Uses and Structures; amending Article 5, Planned Development, Section 5.9(b), Procedures - Planned Development [PD] Plans; amending Article 8, Standards of General Applicability, Section 8.6, Live-Aboard Boats, Houseboats, and Other Watercraft, Section 8.17(b), Underground Utilities - Distribution Systems, and Section 8.28, Pedi- Cabs and Horse Drawn Carriages; amending Article 10, Parking and Loading, Section 10.3(l), Parking Specifications - Distribution Systems; amending Article 12, Landscaping Standards, Section 12.4(c), Types of Landscaping - Street Tree Canopy; amending Article 15, Review Authorities, Section 15.2, Development Review Committee [DRC]; amending Article 16, Section 16.4(b), Application for

Concurrency - Concurrency Review, Section 16.4(e), Application for Concurrency - Capital Improvements Program Review, and Section 16.6, Application for Development Plan; amending Article 19, Definitions, Section 19.3(145), Definitions- Marina; providing a savings clause; providing for non-codification and scrivener's errors; providing for conflicts; providing for severability; and providing an effective date. SECOND READING. Exhibits: Cover Page ZA-04-2025 Ordinance ZA-04-2025 Business Impact Estimate Interim City Attorney Leskovich read the ordinance by title only. Councilmember Denton MOVED approval of the proposed ordinance, SECONDED by Councilmember Polk. MOTION UNANIMOUSLY CARRIED. 4.b LEGISLATIVE: GA-01-2026 - An Ordinance of the City of Punta Gorda, Florida, Amending the City Code of Ordinances, Chapter 23, Traffic, Article II, Parking Areas, Section 23-23, "Parking in City lots, garages, public streets or other property", to provide rules and regulations for City owned and operated parking lots; and providing an effective date. SECOND READING. Exhibits: Cover Page Herald Court Garage Signage Section 23-23 Parking Lots Amendments Interim City Attorney Leskovich read the ordinance by title only. Councilmember Julian stated he supported the resident recommendation to prohibit parking between 2:00 a.m. and 5:00 a.m. Councilmember Lockhart concurred, noting prohibitions should be consistent with existing regulations. Councilmember Julian also spoke in favor of revised parking regulations at Laishley Marina. Mayor Lux inquired about permitted parking in the downtown area. Deputy City Clerk Falkner clarified the historic district parking permits were only available to residents. Councilmember Denton spoke in favor of allowing 24-hour parking at Laishley Marina. Councilmember Lockhart MOVED to approve GA-01-2026 with a parking prohibition between 1:00 a.m. and 5:00 a.m., exempting Laishley Marina parking. MOTION DIED FOR LACK OF A SECOND. Councilmember Denton MOVED approval of the proposed ordinance with a parking prohibition between 2:00 a.m. and 5:00 a.m. and an allowance for overnight parking at Laishley Marina, SECONDED by Councilmember Julian. MOTION UNANIMOUSLY CARRIED. 5) CONSENT AGENDA Councilmember Lockhart MOVED approval of the Consent Agenda, SECONDED by Councilmember Julian. MOTION UNANIMOUSLY CARRIED.

5.a Invoice of Leskovich Law Group, P.A. for legal services rendered through December 2025 in the amount of $8,837.50 Exhibits: Cover Page Invoice No 1225 Dec 2025 5.b January 6, 2026, Workshop Meeting Minutes Exhibits: Cover Page January 6, 2026, Workshop Minutes 5.c January 12, 2026, Pre-Agenda Meeting Minutes Exhibits: Cover Page January 12, 2026, Pre-Agenda Minutes 6) REGULAR AGENDA 6.a Approval to piggyback Charlotte County's contract with Redspeed Florida, LLC of Sarasota, Florida to provide a violator funded School Zone Speed Enforcement Program to include all school zone areas within the City. Exhibits: Cover Page Agreement Award Recommendation Anne Heinen, Procurement Manager, reviewed the proposed agreement with Redspeed Florida LLC ("Redspeed"). She stated the citations would be $100, reviewing how that amount was apportioned amongst various County and City entities. She noted staff was recommending approval of the agreement. Councilmember Julian requested clarification on calibration, number of cameras, and signage. Jeff DuFloth, Redspeed, noted the calibration was done annually by an independent third party. He stated the number of cameras would be determined by results from the speed study. He also stated that Florida Department of Transportation (FDOT) had strict regulations regarding signage. He noted that calibration and signage costs were borne by Redspeed. Councilmember Lockhart inquired about citations issued in an event where the school zone flashing light was inoperable. Jeff DuFloth responded that Redspeed coordinated with the schools on their schedule, noting that any violations issued when the lights were not flashing were refunded. Councilmember Polk inquired about citation disputes and staff capacity to handle. Pam Smith, Police Chief, stated that Code Compliance had indicated they were adequately staffed to handle citations, also noting that special magistrates could be an option with the related fee assessed to the violator. Discussion ensued regarding whether a special magistrate was appropriate for speed camera citation appeals.

Mayor Lux inquired about scope of a speed study and questioned whether citation parameters were appropriate to adequately address student safety. Jeff DuFloth stated the cameras was operational 30 minutes before school until 30 minutes after school, noting there was a drastic reduction in violations once the cameras were installed, providing examples from Sarasota and Bradenton. Councilmember Lockhart inquired about citations issued during unexpected school closures. Pam Smith stated there was human verification to address same, clarifying the limits at which citations were issued, both for when the lights were flashing and when they were not. Councilmember Denton MOVED approval to piggyback Charlotte County's agreement with Redspeed Florida, LLC, SECONDED by Councilmember Lockhart. MOTION UNANIMOUSLY CARRIED. 6.b Development Agreement between the City of Punta Gorda, Florida and Peace River Community Housing Partners, Inc. (PORCH) For the Scott Street Septic-to- Sewer Extension Project Exhibits: Cover Page SCOTT STREET DEVELOPER AGREEMENT Exhibit A Exhibit B Exhibit C Tom Spencer, Utilities Director, reviewed the request for a development agreement from Peace River Community Housing Partners, Inc (PORCH) for the Scott Street septic-to-sewer extension project. He noted there was no cost to the City, stating the funds were provided by a State grant for septic-to-sewer conversion. Councilmember Lockhart MOVED approval of the development agreement with PORCH with the requested extension until April 30, 2026, SECONDED by Councilmember Julian. MOTION UNANIMOUSLY CARRIED. 6.c Quarterly Revenue and Expenditure Financial Update Exhibits: Cover Page Fiscal Year 2026 First Quarter Update Kristin Simeone, Finance Director, provided an update on general fund revenues and expenditures for the first quarter of Fiscal Year 2025/2026. She noted that 97% of ad valorem taxes were collected within the first 6 months of the fiscal year, reviewing collection timeframes for various other fees. She noted current revenues collected were 46%, with current expenditures at 21.5%. Mayor Lux received confirmation the City was on track for ad valorem revenues collected. Kristin Simeone then reviewed first quarter revenues and expenditures for the Punta Gorda Isles and Burnt Store Isles Canal Maintenance Districts, the Special Use Fund, Five and Six Cent Gas Tax funds, 1% Sales Tax fund, and City- Leased Property Fund. She recalled Council had approved lease terminations for

Punta Gorda Chocolate & Wine and Punta Gorda Coffee & Tea, along with Fire Department administrative staff relocation, noting same would impact revenues and expenditures for Herald Court as the fiscal year progressed. She then reviewed first quarter revenues and expenditures for the General Construction Fund, noting current encumbrances of $1.5 million as purchase orders are issued. She continued with review of the Utilities O.M.R. Fund and Utilities Construction Fund, Sanitation Fund, Building Fund, Laishley Park Marina fund, and Information Technology Fund. 6.d Strategic Plan Exhibits: Cover Page Strategic Plan Quarter 1 Department heads provided updates on their progress on action items from the City's 2026 Strategic Plan. Councilmember Denton inquired about increasing building permit fees. Boyd Lawrence, Planning Director, stated same was being analyzed by the Building Official. Councilmember Lockhart inquired about grant funds for radio encryption and timeline for acquisition. Pam Smith responded that equipment can be acquired and programmed within 6 months, expressing uncertainty regarding the grant funds. Councilmember Denton inquired about pickleball court improvements. Ron Everts, Public Works Director, responded that same was out for bid, noting the bid closed today. City Manager Reichert requested an update on the Herald Court elevator. Ron Everts stated the contractor was actively working on electrical issues. Councilmember Julian noted proposed legislation would require online payment, questioning whether same would be feasible to implement. Kristin Simeone, Finance Director, stated some payments were accessible online, noting IT would be heavily involved to expand online payments if needed. Councilmember Denton thanked staff for hiring manual readers, noting there had been a reduction in estimated readings. Councilmember Lockhart requested action on Police Department radio encryption, suggesting the City prioritize this project and look for available funds. Councilmember Julian opined that reserve funds would be appropriate in this instance. Kristin Simeone requested the Interim City Attorney review the eligibility for 1% sales tax program, suggesting same could fund the radio encryption project. Consensus of Council was to discuss same at the February 11, 2026, meeting. Councilmember Lockhart addressed the technical difficulties with the livestream and recapped the Police Department radio discussion. City Manager Reichert stated they had received information that the equipment grant was not being funded. 6.e Road Closure Request: Event Permit 25-195951 - Sullivan Street Craft Fair - March 7-8, 2026 Exhibits: Cover Page Application

Adrianna Gehrke, Planner, reviewed the request for closure of Sullivan Street from West Retta Esplanade to West Virginia Avenue for Event Permit 25-195951 from March 7 through 8, 2026. Councilmember Polk expressed concern about traffic congestion and increased risk to public safety in the historic district during these events, suggesting these events be moved to Laishley Park. Councilmember Denton suggested moving the event to Taylor Street or further north on Sullivan Street. Sean McLaughlin, Punta Gorda Chamber of Commerce, stated he was amenable to moving the location. He noted the intent was to drive foot traffic to the downtown area. Mayor Lux concurred with alternate locations. Councilmember MOVED approval of the road closure for Event Permit 25- 195951, SECONDED by Councilmember Julian. MOTION UNANIMOUSLY CARRIED. 6.f Road Closure Request: Event Permit 25-195951 - Sullivan Street Craft Fair - September 19-20, 2026 Exhibits: Cover Page Application Sean McLaughlin, applicant, reviewed the request for closure of Sullivan Street from West Retta Esplanade to West Virginia Avenue for Event Permit 25-195951 from September 19 through 20, 2026, noting that all marketing materials had been made for the 2026 events but he would consider Council comments regarding location, pedestrian safety, and traffic congestion during planning for 2027 events. Councilmember Lockhart MOVED approval of the road closure for Event Permit 25-195951, SECONDED by Councilmember Polk. MOTION UNANIMOUSLY CARRIED. 6.g Road Closure Request: Event Permit 25-195951 - Sullivan Street Craft Fair - November 28-29, 2026 Exhibits: Cover Page Application Councilmember Denton MOVED approval of the road closure for Event Permit 25-195951, SECONDED by Councilmember Lockhart. MOTION UNANIMOUSLY CARRIED. 6.h Civility Pledge Exhibits: Cover Page Legislators for Good Government Pledge Resolution regarding Civility Pledge Mayor Sheet Councilmember Sheet Podium Sheet

Deputy City Clerk Falkner provided an overview of the proposed resolution, explaining the scripts for meetings could be amended to comply with recent court decisions regarding free speech. She noted an amendment was recommended for the Civility Pledge to indicate Councilmembers would strive to refrain from personal attacks. She stated the City could use a modeling approach to promote civility, offering to assemble training materials for City Council, the City's boards, and the public. Discussion ensued regarding application to public comment portion of meetings and social media posts. Interim City Attorney Leskovich stated that freedom of speech was not absolute, addressing City Council's ability to restrict speech. He reviewed court opinions that stated designated public forums had regulations on free speech, noting that same applied to City Council meetings. He stated Council could restrict speech to address only agenda items, but Council could not restrict speech based on viewpoint. He elaborated in order to restrict speech in a limited public forum, the restrictions needed to be reasonable and viewpoint neutral. He reviewed the public comment language contained in Council agendas, suggesting same be revised to read "on any agenda matter" or "on any matter related to City business." Councilmember Lockhart indicated she did not desire to amend City Council's current policies and procedures regarding and would continue to call point of order. Councilmember Polk expressed concern thresholds varied between individuals regarding what necessitated a point of order. Councilmember Polk MOVED to approve the proposed resolution with inclusion of "strives to" as recommended by staff, SECONDED by Councilmember Lockhart. MOTION UNANIMOUSLY CARRIED. 6.i Project Updates Exhibits: Cover Page PW-Project Log - 1-13-26 CIP Projects New Spreadsheet in Progress City Manager Reichert provided an update on the City's capital improvement projects. Councilmember Lockhart received confirmation from City Manager Reichert that the City Hall Council Chambers was out to bid. 7) BOARDS / COMMITTEE 7.a Appeal of Forfeiture: Code Enforcement Board (1 Regular) Exhibits: Cover Page Deputy City Clerk Falkner explained Robert Engelhart forfeit his seat on the Code Enforcement Board per Florida Statute as he missed two consecutive meetings. She noted Robert Engelhart requested City Council reinstate him to a seat on the board.

Councilmember Polk MOVED reinstatement of Robert Engelhart to the Code Enforcement Board, SECONDED by Councilmember Lockhart. MOTION UNANIMOUSLY CARRIED. 7.b Announcement of Vacancies: Burnt Store Isles Canal Advisory Committee (1 regular and 1 alternate) Exhibits: Cover Page Burnt Store Isles Canal Advisory Committee Deputy City Clerk Falkner announced the vacancies. 7.c Announcement of Vacancies: Code Enforcement Board (2 regular and 2 alternates) Exhibits: Cover Page Code Enforcement Board Deputy City Clerk Falkner announced the vacancies. 7.d Announcement of Vacancies: General Employees' Pension Board (2 City resident seats) Exhibits: Cover Page General Employees' Pension Board Deputy City Clerk Falkner announced the vacancies. 7.e Announcement of Vacancies: Punta Gorda Isles Canal Advisory Committee (1 regular and 1 alternate) Exhibits: Cover Page Punta Gorda Isles Canal Advisory Committee Deputy City Clerk Falkner announced the vacancies. 7.f Nominations: Police Officers' Pension Board (1 City resident member) Exhibits: Cover Page Police Officers' Pension Board Cummings Application Deputy City Clerk Falkner stated City Council could nominate and reappoint Jaha Cummings by motion if desired. Councilmember Lockhart NOMINATED Jaha Cummings. 7.g Appointments: Historic Preservation Advisory Board (1 regular) Exhibits: Cover Page Historic Preservation Advisory Board Noble Application

Zeigler Application Attachment Deputy City Clerk Falkner distributed voting sheets to Councilmembers, then collected them once voting was complete. She tallied the results, announcing Charles Noble was reappointed to the Historic Preservation Advisory Board. 8) REPORTS FROM CITY OFFICERS 8.a City Clerk Deputy City Clerk Falkner provided an update on the status of City Council's travel account. She noted the current travel policy allowed for Councilmembers to use City funds for community event registrations. Mayor Lux requested that policy be reconsidered. Consensus was to schedule an agenda item to discuss same. 8.b City Manager City Manager Reichert reported that she and Tom Spencer, Utilities Director, would meet with Charlotte County staff to discuss water supply topics. She then announced the group interested in a private/public partnership for marina operations would be conducting a site visit in the near future and she would report back. 8.c Interim City Attorney Interim City Attorney Leskovich reported the City was requesting a motion to dismiss the suit brought against the City for not picking up hurricane debris fast enough. He then stated the Burt Harris Act inquiry for 1000 West Marion Avenue was moving forward. He noted he would be coordinating a shade meeting for the RJ Gorman case. 9) COUNCIL MEMBER COMMENTS Councilmember Denton reported on an incident in the rim canal, suggesting that additional signage or enforcement options be explored. Councilmember Lockhart commented positively on the FLC Legislative Action Days meetings. She then spoke on golf cart usage on roads, noting that North Port had recently implemented same. Councilmember Julian spoke positively on the FLC Legislative Action Days trip, thanking Rosanna Catalano, Arrow Group, for coordinating the meetings. He noted that Senator Albritton had signed on as the Senate sponsor for the City's legislative requests. He spoke on meeting with Representative Alvarez, who was sponsoring a public safety bill, clarifying that the City would be allowed to keep their dispatch system. He suggested implementing a Council meeting discussion prior to next year's trip to strategize and review talking points. He spoke in favor of having a media presence accompany City Council next year. Councilmember Polk reported on the legislative trip, noting City Council had requested $2 million for the meter reading project and funds for elevating historic homes given the limited number of applicants who were granted an Elevate Florida stipend. She invited

those in attendance to the dedication ceremony for David Klein and Wayne Goff and then reviewed safety concerns submitted by a resident. She requested discussion on the Daughters of the American Revolution's request to waive the $150 tent fee. Mayor Lux requested consensus on an agenda item to discuss deadlines for vested rights and permitting. Consensus of Council was to add same to a future agenda. Mayor Lux requested that any language added for the anchoring limitation area does not displace the liveaboard boaters. 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 thanked the Clerk's Office for their work on the civility pledge. He then spoke on Nextdoor comments that he felt were attacks on residents. Cindy O'Hara spoke again on the Bayfront Center project. Kay Abbs spoke on the Bayfront Center project, suggesting it be a walled structure. ADJOURNMENT The meeting adjourned at 1:18 p.m.