New council member wants to hold city attorney accountable

Dryburgh said he sat in the audience during the sign ordinance discussions and believes City Attorney David Levin may not have given sound advice.

“I want to discuss that at the next meeting,” Dryburgh told fellow council members, including newly installed Donna Peterman. “I just want what’s best for the citizens of Punta Gorda.”

Dryburgh was referring to the recent changes the City Council made to the sign ordinance after being sued by Andrew Sheets. Sheets sued the city after being fined $500 for using indecent speech over a megaphone on public property.

The circuit judge ruled the city ordinance was unconstitutional. The council chose not to appeal the decision and to settle the federal case out of court. The city acknowledges spending thousands fighting the ordinance. Council members recently said it’s time to quit fighting and move forward.

After the meeting, Dryburgh said he heard about the sign ordinance often while campaigning.

“A lot of people thought the city attorney gave bad advice which made the city look bad,” Dryburgh said. “The city was sued. It made national news and not for the right reasons. It was the wrong kind of coverage. This would not have happened if the language in the ordinance wasn’t changed. The council eliminated it at the last meeting. Maybe we need to look for a new city attorney, maybe we need new blood.”

Levin has served as the Punta Gorda city attorney since 2005. He is with the firm Icard Merrill Cullis Timm Furen Ginsburg, P.A. He is paid $165 an hour by the city. His contract renews every two years. The last two-year contract was signed July 14.

City Manager Greg Murray said the sign code was discussed before he became the city manager. He said it began after the City Council wanted to regulate real estate signs along the city’s rights of way and at homes. The council determined four are allowed. However, later it was explained that there could not be a restriction on the language on the sign, only the size and number of them allowed on public and private property. That ordinance included flags.

“That would include a flag that said F-Biden, F-Trump or F-the police,” Murray said.

Murray said the city was following previous Supreme Court rulings about indecent speech to defend the ordinance in court.

Levin said the circuit judge ruled against the Supreme Court precedent. It didn’t mean it couldn’t be challenged through an appeal; however, he wasn’t certain the city would win. That’s when he advised against appealing. He also didn’t want to move forward in federal court to save taxpayer’s money. The city would use an outside constitutional attorney to fight that court battle.

Other council business

During the meeting, Peterman, who ran unopposed, was also sworn in. She has served many roles, including president of the Visual Arts Center; founder and president of the Punta Gorda Civic Association; chair of the city’s Planning Commission and Historic Preservation Advisory Board; and board member of the Punta Gorda Symphony; Punta Gorda YMCA; Punta Gorda Historical Society and police chief’s Citizens Advisory Council.

She accepted new board assignments. Mayor Lynne Matthews also ran unopposed. She was nominated and voted as the mayor again.

The board said goodbye to two council members: Jaha Cummings served for six years, and Debby Carey served for four.

The board listed its legislative priorities as trying to get state or federal money for a $2 million emergency management building constructed in the city to better protect residents before and after disasters. They want to work with other municipalities who are also against not having a say for short-term rentals.