Parking passes needed, for a sunset?

Here we are, just four months after two massive hurricanes, and Lee County Commissioners have moved forward with some sort of unspecific parking restriction scheme in Boca Grande. They did it Tuesday by leaving a discussion off the formal agenda. A few selected residents went speak on the issue of parking, seemingly representing the feelings of the island. Two residents opposed to the parking restrictions found out late Monday night that the issue would be discussed, and traveled to Fort Myers on behalf of those who do not wish to shut down public beach parking.

The item came during the commissioners item section of the Lee County Board of County Commissioners’ Tuesday morning meeting. There was no ordinance passed, and that is how the county deftly skirts Florida’s Sunshine Laws. This happened back on June 3, 2024, when then-Vice Chairman Kevin Ruane presented the parking issue as a commissioners’ item that was added to a last-minute revised agenda on Monday, June 3.

This regular habit of presenting a commissioner’s item and inviting only a few select to speak, creates a false impression to the rest of the Lee County commission and the county administration. Doing this repeatedly means that the Lee County staff, which does listen, in person, to public comments, internalizes only one side of the discussion. Of course, this is a free country, and anyone may speak to anyone, at any time. But when something is not on the agenda, residents who are not there cannot even add an e-comment on the agenda issue.

There is a Sunshine Law issue here. Many types of issues require advance notice, and because no specific draft ordinance was brought forward, the county can claim it is not a technical violation. The reason? A legislative body does not have to have published an official agenda to discuss a matter before it. If that were the case, a citizen coming forth with an issue that was not on the agenda could not have it addressed. But a government does have a duty to give advance notice and encourage meaningful participation. And specific ordinances require public notice. As assistant Attorney General Joslyn Wilson wrote on March 23, 2006:

As this office stated in Attorney General Opinion 03-53, “[i]n the spirit of the Sunshine Law, the [public board] should be sensitive to the community’s concerns that it be allowed advance notice and, therefore, meaningful participation on controversial issues coming before the commission.”

What is happening here is not “meaningful participation.” The reality is that by the time an ordinance goes through the commissioners, as well as staff and county legal review, the wedding cake is already baked. Other than in the movies, how many weddings actually get canceled when the guests are waiting and the caterer has drinks, dinner and cake ready? The ordinance, once drafted, is the equivalent of a rote Docusign of a property transfer. By the time the deal is put together, all the issues, surveys and financing have been worked out. 

The sad thing is that this is so unnecessary. The county should:

• Have meaningful public input here.

• Draft an ordinance that is clear and circulate that draft.

• Hold a public meeting to explain the plan, and refine the concept, with enough time for residents and businesses to have meaningful input.

• Discuss the issue, and then vote on it.

A public process protects everyone, even those who wish to make a change. Everyone is heard, and the resulting legislation is better. Boca Grande, we remind our reader, is 80 minutes from the Sunshine Skyway, and 90 minutes from Boca Grande to Fort Myers.

Last summer, the Boca Beacon paid for a massive public records request to find out what was in the drafts being bandied about. We will do it again if we have to, but it is not a fast process, and not free. In the interim, we can surmise the following from conversations:

• Some sort of hourly limit on parking, perhaps two hours.

• No parking meters, but possibly parking kiosks.

• A “pass” for guests at The Gasparilla Inn and innkeepers (whether that includes VRBO or other rentals is a question).

• Some sort of parking pass for workers.

• A Sunday parking allowance on the Gilchrist median, with churches forced to get a special “permit” for weddings, funerals, baptisms and other weekday services, like Ash Wednesday.

The revival of the “parking” issue has come at a most unfortunate time. The Boca Grande Post Office is not even open yet, and that is one of the biggest drivers of traffic in town, as everyone comes daily for mail.

Thoughts:

1. Beach parking is still closed up and down the island. For instance, the State Park is closed at Belcher Road, where there are just under 100 spots. Some county side streets are also closed for parking. The 5th Street parking area is closed. It contains around 80 spots. 

2. How can one get a read on the parking “problem” here when so much of the region’s massive beach parking, including Manasota Key, is closed?

3. The Community Center and other institutions are holding many events ON Gilchrist, to help them out. They need the churches to stay alive, and they have been excellent hosts.

4. The construction of the Community Center has not yet started, nor has the Health Clinic. They will create a need for dozens of contractor parking spots over the next two years. The county could only have its building permit office open here for one day. How on earth will contractors manage parking permits for subcontractors each day?

5. Currently, the county staff have rejected the Boca Grande Health Clinic’s proposal to rebuild a new annex, as their square footage does not compute with their parking formulas. This has been a recent item discussed by Lee County Commissioners.

6. The GICIA makes up the largest chunk of downtown parking spaces. Restrictions will create a great burden on them.

At some point there must be a public hearing. We have had hearings for the Health Clinic and any other zoning cases. Churches have asked for a public airing, in town. The county’s AC 2-8 requires a hearing for: 

“Ordinances which change the actual list of permitted, conditional, and prohibited uses within a zoning category” and “all other ordinances which affect the use of land.” 

This parking ordinance certainly affects the “use of land” as the economic health of Boca Grande businesses, churches, rentals and properties are all affected by these restrictions. All of the calculations from parking needs are precisely related to zoning usage; indeed, the Health Clinic needs a certain number of spots, or it will not be able to build its annex.

There are real concerns with access to the beach. There are safety issues of getting to the beach. There are illegal things happening on the beach, and a lack of restrooms. The solution there is proper enforcement and thoughtful discussion and cooperation. 

The county administration, we are sure, is vexed with the parking issues of Boca Grande. After the hurricanes, county staff made a massive shift in their relationship to the island, and it paid off with such goodwill. An opaque process with parking threatens to undo all of that hard work. Going forward, staff secrecy and hiding on parking will only add to a sense of distrust. 

Secrecy is the enemy here.

Garland Pollard is editor of the Boca Beacon. Email letters and comments to editor@bocabeacon.com.

Above, a state map of public beach access in Boca Grande, black dots showing parking. To protect tourism, Florida believes so much in protecting public access to beaches that they have a website where access is detailed. A link is at bocabeacon.com/parking

Follow parking issues at bocabeacon.com

The Beacon has a page of links to stories, resolutions and opinions about parking, outside of our paywall. Visit bocabeacon.com/parking. Right, a screenshot of the state’s public inventory of access points in town; the black dots show access with parking.