Charlotte County commissioners on Oct. 28 took the first step toward suing Lee County over its parking restrictions for non-Boca Grande residents, following another outpouring of frustration from residents urging action.
Dozens of residents at the meeting asked commissioners to file an injunction against Lee County for barring them from spending time on the island to shop and enjoy the beaches.
Tensions between the two counties have been mounting since August, when Boca Grande, located on Gasparilla Island, imposed new parking rules. The changes include a three-hour limit in downtown areas for vehicles without permits and the elimination of public beach parking between First and 19th streets.
While the main village of Boca Grande lies entirely in Lee County, the island’s northern portion is in Charlotte County, and the southern two-thirds are in Lee.
Lee County established several types of parking permits for nonresidents, including those for workers, employees, hotel and rental guests and long-term residential visitors. Those without a permit are limited to three hours of parking. Violators face fines of up to $200 for parking infractions and $500 for blocking driveways.
Commissioner Joe Tiseo, who recently visited Boca Grande, criticized the proliferation of signage related to the restrictions, describing them as “godawful signs” and calling the situation “sign pollution.”
Tiseo said he had no trouble finding parking but noted it is not yet tourist season, when demand typically increases.
Charlotte County commissioners meet Oct. 28 to address complaints over Boca Grande’s parking restrictions. The board voted to initiate an intergovernmental conflict resolution process with Lee County.
Charlotte County government
Resident Cheryl Webster called Lee County’s ordinance “draconian,” saying it was driven by “exclusion” and influenced by “several very rich residents.”
Robin Wilkins, of the Gasparilla Beach Access Coalition, claimed the restrictions violate the Americans with Disabilities Act as it applies to accessible parking, as well as guidelines tied to state beach restoration funding.
For decades, Charlotte County residents have frequented Boca Grande’s shops, restaurants and beaches. Some business owners also live off the island, including Bart DeStefano and Marco Meola, co-owners of South Beach Bar and Grille. Both urged commissioners to challenge Lee County’s ordinance, echoing sentiments they’ve shared at prior meetings.
DeStefano said the residents who spoke “have a greater grasp on the situation than the BOCC.”
After hearing from residents, the Charlotte County Board of Commissioners addressed the issue directly. Commissioner Chris Constance made a motion to file an injunction against Lee County, which Commissioner Stephen R. Deutsch seconded.
However, County Attorney Janette Knowlton advised that before pursuing a lawsuit, Charlotte County must follow Florida’s Governmental Resolution Conflict Act. The process begins with a conflict assessment meeting between commissioners from both counties.
Charlotte County Commissioner Joe Tiseo speaks during the Oct. 28 board meeting in Murdock. Commissioners agreed to begin legal steps against Lee County over Boca Grande’s parking restrictions for nonresidents.
Charlotte County government
Tiseo volunteered to represent Charlotte County at that meeting, and the board may also appoint a facilitator.
Knowlton said she will draft a resolution stating that the board intends to proceed under Florida Statute Chapter 164, which governs intergovernmental disputes. During the upcoming meeting — expected later this year — Charlotte County will present its concerns with Lee County’s parking ordinance.
If the conflict assessment meeting fails to resolve the issue, state law requires a joint public meeting between both county commissions.
“If that doesn’t resolve, then you go to your lawsuit,” Knowlton said.
Tiseo noted there have been conflicting accounts of how the parking restrictions began. During a recent discussion with Lee County officials, Lee Commissioner Brian Hamman said the ordinance developed “organically” within Boca Grande, while Commissioner Cecil Pendergrass later said an attorney initiated the effort on behalf of a client, Tiseo recalled.