Ordinance discrepancy at issue at Lee meeting 

Charlotte talks delayed

Two commissioner’s items related to Boca Grande parking, including a staff revision to the ordinance, were added last minute to the agenda recap for the Lee County Board of Commissioners meeting on Tuesday, Oct. 6.

Commissioner Kevin Ruane introduced both items at the meeting; the first was to extend the timeline for the conflict resolution process with Charlotte County concerning the Boca Grande parking ordinance.

“We received notice from Charlotte County that we are still in this conflict resolution situation relative to Boca Grande,” Ruane said. “They have asked for a six month extension as it is expiring. I don’t see any reason why we can’t agree with a six month extension.”

Ruane motioned to approve the extension and Commissioner Brian Hamman seconded the motion.

His second commissioner item was a revision to the Boca Grande Parking Ordinance Sections 28-161 and 28-163 to “allow consistency which are lacking now at the moment,” according to the agenda item. 

“It seems like if there’s more specific language, that should be the overriding interpretation, not necessarily the umbrella that would actually confuse the item,” Ruane said.

Section 28-161(5) prohibits parking on “the median on Gilchrist  except (i) between 3rd and 5th Streets on Sundays from 8 AM to 1 PM and (ii) between 3rd and 5th Streets, by event parking permit which shall be issued for designated events with parking requirements that are expected to exceed the on-street parking available within one block of the facility or location of the designated event. The designated event must be sponsored by organizations whose facilities are located, as of January 1, 2025, on Gilchrist Avenue.” 

Section 28-163 is the “Exceptions” section of the ordinance which includes county vehicles, emergency vehicles, state vehicles, animal rescue vehicles and temporary parking of moving vans or delivery trucks. It also includes the exception of “private vehicles as approved by the Lee County-assigned Boca Grande Deputy to allow parking for designated approved events of limited duration,” with regards to the Gilchrist median restrictions of section 28-161.

“The catchall provision is found in section 28-163, which seems to exempt private vehicles parking between 8 a.m. and 1 p.m. on Sundays throughout the island,” said Lee County Attorney Richard Wesch. “The more specific restriction is contained within section 28-161(5) which deals with parking specifically on Gilchrist Avenue.”

Ruane motioned for staff to work on writing an amendment that clarifies that section 28-161(5) controls parking on Gilchrist Avenue. Hamman seconded the motion. 

“What we have is a potential conflict between competing sections of the ordinance,” Wesch said. “So I believe, the motion, or the discussion leading to a motion would be to direct staff to clarify the ordinance so that the more specific parking restriction patrols over the more generic catchall provision … We’re subjecting all persons wishing to park on Gilchrist to the same procedures and restrictions,” he later clarified.

Chairman Cecil Pendergrass asked Wesch about the churches having events outside the regular church times, saying “they couldn’t say we’re having a church event outside the church times.”

He also raised other issues connected to the future discussion, and what would happen if it were proposed, implying some effect on beach renourishment funding.

“Then we can hear from the churches the Methodist Church and everybody else and deal with that deal, with the FEMA with the Army Corps and all the funding, We’ll deal with all that at a later date?” Pendergrass asked.

Commissioner David Mulicka asked why this change wasn’t directed through the Boca Grande Parking Committee first. 

“Basically, we set the policy,” Ruane said. “We are trying to give them less items to talk about. We set the policy. It is not their policy.”

He continued:

“If you want to have a prayer group on Wednesday, you can certainly make an interpretation that you can use Gilchrist,” Ruane said. “I was trying to avoid the ambiguity.”

The requested changes will come back to the board at a future meeting as more specific language for an ordinance amendment with opportunity for public comment.

Additionally, at the end of the meeting, Commissioner Trish Petrosky appointed Mark Wood to the Boca Grande Parking Committee to replace Bruce Kenan who resigned.

The commissioner items were added at 4:45 p.m. on Monday, Oct. 5 and not on the regular agenda.

Below, the video excerpt. It starts at about 2:47, with an exchange by commissioners and staff.