Charlotte County Initiates Arbitration Over Boca Grande Parking Access

Charlotte County’s Commissioners voted unanimously on October 28, 2023, to enter into an arbitration process concerning parking access in Boca Grande. This decision comes in response to public outcry regarding an ordinance enacted on August 5, 2023, that significantly restricts public beach parking in the area.

The meeting included a range of speakers from Charlotte County who expressed their frustration over the ordinance. Commissioner Stephen Deutsch voiced his disappointment with Lee County, stating, “I thought we had a good relationship with Lee County. I am really frustrated here.”

At the Commissioners’ previous meeting on October 14, 2023, there was a consensus that an injunction against the ordinance should be placed on the agenda for the next meeting. The hope was to reach a compromise with Lee County in the interim. Commissioner Chris Constance, who has been particularly vocal on this issue, was the first to propose filing the injunction during the meeting. He asserted, “We don’t have any choice at this point. It’s wrong to keep people from going to the beach.”

Efforts to communicate with Lee County have been ongoing, but no resolution has been reached. Constance indicated that if Lee County agreed to reduce the restrictions, they could withdraw the injunction. “If they want to ramp it back down, we can always pull the injunction,” he remarked.

During the meeting, Commissioner Ken Doherty suggested an amendment to the motion, citing discussions with State Representative Danny Nix. He emphasized the necessity for a state-brokered resolution, as well as the option for arbitration between counties. “This is the proper process for ultimately being able to file an injunction,” Doherty said, referring to the state process known as Chapter 164, which is specifically designed for disputes between governmental entities.

Commissioner Bill Truex reiterated the importance of following the established process, stating, “You are filing a resolution of complaint.” He warned that if action was not taken, the situation would remain unresolved.

County Attorney Janett Knowlton provided clarity on the arbitration process, explaining that the board must clearly outline their issues and designate a location and participants for the meeting. Knowlton also noted that they could opt for a facilitator during the proceedings. “If you don’t resolve it at this conflict assessment meeting, you are required to have a joint public meeting of the two boards,” she explained. “If that doesn’t resolve, then you go to your lawsuit.”

The board was prompted to determine their specific requests prior to the joint meeting, such as the number of parking spaces desired or the complete rescission of the ordinance. An additional proposal discussed was to delay any parking implementation until a joint study on parking for the island was conducted.

Constance emphasized the need for clear objectives, stating, “We need to have an ask.” Knowlton reminded the board of the implications under the Gasparilla Act, which allows property owners within the district to initiate lawsuits and recover attorney fees or costs.

Constance then amended his motion to include a request for the suspension of the ordinance until a dual county study is completed. Doherty expressed optimism about the process, suggesting it would foster public confidence in a resolution. “It makes it clear to the public that there will be a resolution of this thing one way or the other,” he concluded.

Charlotte County continues to navigate the challenges posed by the ordinance, seeking a resolution that satisfies both local residents and inter-county relationships.