Beulah Town Hall this Monday Evening, June 5th, 6:00-8:00 PM

 

What is the Status of Publicly Accessible Beaches on Perdido Key from a Legal Perspective?

Over the weekend I asked our attorney's office to summarize what we now know about public accessibility of the beaches out on Perdido Key based upon the thorough examination of the title abstracts from every Gulf-front parcel out there.  

I also asked about whether or not any of the numerous dune restoration projects completed by FEMA post Hurricane Ivan would have created new public beaches due to the fact that in some instances after the storm some of those beaches were completely washed away all the way back to the dunes.  So my question was--restoring a previously-existing beach post storm with public money--does that make the restored beaches public?  I did not get a specific answer to that question but rather a general one so I have asked for a more detailed-Perdido Key post Ivan specific answer so I can put that question to rest once and for all with a legal opinion.  Then, if someone disagrees--they can go to court over it if they want to.  Meanwhile, this, below is the answer on public accessibility based upon the title searches.

"Commissioner:

Below is the information you requested.  Please note that much of what follows are concepts.  The details of beach-front property rights and beach renourishment are more involved.  We can certainly provide the details, but they would not be helpful for most people.

First, the entire length of Perdido Key Beach is public – south of the mean high-water line.  So, a person could walk (sunbathe, fish, collect shells, etc.) for the entire 6 miles from Johnson Beach all the way to the Flora-Bama without intruding on private property as long as they remain south of the mean high-water line.  The challenge, of course, is that the mean high-water line is dynamic and changes with the tide and the topography of the beach.  If someone wanted a visual reference, it is generally accepted to remain in the “wet sand” area adjacent to the Gulf of Mexico.  The strand line, which is the mark created by seaweed, shells, and other debris that are washed ashore by the tide, is another visual reference (again these are just conceptual, not a strict legal definition; neither visual reference is an accurate representation of specific location of the mean high-water line).

Second, the entire beach at Perdido Key State Park and Johnson Beach National Seashore are public (subject to regulation by the state and federal governments).

Third, the 64 lots in Gulf Beach Subdivision (13785 Perdido Key Drive west to the State Park) have an additional 75 feet of “dry sand” beach north of the mean high-water line that is available for public use.   That area is contiguous with Perdido Key State Park, so the length of the public beach between the two areas is about 3 miles.  The County also owns Beach Access No. 4 (the former Sundown condominium) west of the State Park, which is another 300 feet of public beachfront.

Fourth, whether a beach renourishment project creates new public beach depends on whether the project increases the elevation on existing beach or places sand south of the mean high-water line in the Gulf of Mexico (i.e., builds up or builds south).  Building up does not create any new public beach while building south can.   Beach restoration projects are heavily regulated by the Florida Department of Environmental Protection (Chapter 161, Florida Statutes), and if a project extends the beach south the County must undertake a lengthy approval process that includes surveying the mean high-water line and recording it as a new boundary between the private and sovereign submerged lands.  The “fixed” mean high-water line is called the Erosion Control Line.  Projects that add beach south of the Erosion Control Line create new public beach.

Please let me know if I can provide further explanation.  (I am copying Tim with this email so he can supplement this email with information on the prior beach restoration projects after Hurricane Ivan and Dennis.)"

MASSIVE Public Records Request Made of Several Commissioners

Friday afternoons are made for document dumps.  Yes, especially long holiday weekends.

Put out information that is not flattering at 4:59PM on the Friday before the long three day weekend.  

That happens.

The new phenomenon?  Make MASSIVE records requests of public officials the Friday before the long weekend.  

Looks like we have had two separate requests from two separate individuals for two unrelated matters blow up over the weekend.   

Luckily for me--I didn't get this one until this evening.  My weekend was amazing--no knowledge of this one till today.  And really, nothing to see here, no smoking gun, no there there.  Just lawyers doing what they do.  Ho hum.

I'm sure this one is simply residual hurt feelings over my post on the outrageous claims made about mistreatment of corpses locally by funeral directors....

The other one I knew was coming.....it will be an easy one, too..... 

 But WOW!  Take a look at this pariticluar request, below.  

This one may take a minute.  

And are some of these requested items even public records in the first place??  This one will be expensive and time consuming, I'm going to guess.

The new thing replacing Friday afternoon "Document Dumps":  "Friday Fishing Expeditions."

 

Perdido Public Beach Access Question: Final Three Abstracts Received, no Additional Public Beach Access Language Found

 

Late last week our office recived the final three property title abstracts from the county attorney's office.  We have now received every title abstract for every Gulf Front parcel of land on Perdido Key.

And what we found is that 64 of the parcels from the 1950's have language specifying a 75 foot easement on each parcel's southerly portion "for the public's use for a public beach."

But thus far, no other parcels we have found contain that language or anything like it delineating the public's right to access the beaches.

Here are the last three abstracts, here, here, and here.  (Land's End, Parasol, Vista Del Mar) All of these are a part of the large property transfer from the State Department of Education in 1912.  They describe mineral rights, petroleum rights, but no public beach access.

The attorney's office also looked through these three abstracts and provided the following initial observation:

"I have finished reviewing the last three abstracts.  Unfortunately, I did not find anything that reserved or established a public beach access easement for Vista Del Mar and Lands End Condominiums and Parasol Subdivision.  The plat for Parasol Subdivision does show a 100 foot “general easement” over the  southern portion of the parcels.  However, the plat dedication indicates that this was intended as part of the common areas for the subdivision, but it would not create any rights for the public-at-large."

SO WHAT HAPPENS NEXT?

I've emailed the county attorney's office with a request for one clean memo based on their legal opinion(s) on the abstracts and also the beach/dune restorations that have occurred out there over the years.  I have also asked for one map of the entire area that delineates where the public can access beaches.  Here is my email to staff.

"Hello Alison,

 Thanks to you and Steve and the legal office for all your assistance as we have sought a resolution on which beaches in Perdido Key are actually available for the public’s use.

 With the last batch of title reports, combined with the ones we have previously received, I think we have a pretty good idea about the answer to the question now.

 The last thing I need from your office is a memo delineating your opinion regarding which beaches are accessible by the public based upon your office’s analysis of all of the relevant Gulf-Side title abstracts.  I believe it will be only the 75 feet easements from the 64 lots in the Gulf Beach Subdivision—but by all means let me know if it is more than just those.

 If we can do this, and simultaneously have the development services department put together one final map of the entire Perdido Key area delineating what we know about public accessibility, this will also be required and I assume it will line up with what your written opinion is from your analysis of the abstracts. 

 If possible, in the same memo----- I’d also like a legal opinion to be included from your office regarding the persistent questions I am receiving regarding historical beach nourishment by Federal Agencies post Hurricane Ivan.  Many believe this beach nourishment (characterized as a “dune replenishment only”) should open up all the beaches to public access due to the public dollars expended to restore the sandy beach areas post storm.  According to Tim Day, whom I have asked this question multiple times and in multiple ways----the projects post-Ivan do not qualify as projects that would trigger public access in perpetuity because in his opinion such beach nourishments did not create “new” beaches by filling in areas that were submerged.  However, a number of reports post-Ivan indicate that the beaches in Perdido Key were dramatically eroded, in some instances back to the wood walkovers.  So the question is, and I want a legal answer for, is this:  Would that not qualify as creating “new” beach when added sand “restores” a previously existing beach?  I need one final, cogent, and accurate legal answer to that to answer the growing number of folks who have asked this question over and over.  Thanks in advance for that—potentially most important—legal opinion.

 Once I have the answer—I can work in conjunction with my fellow board members—with developing the right policy(s) protecting property rights but simultaneously recognizing the public’s right to access those beaches to which they are entitled to access—along with the provision of safety services (lifeguards) if this is legal and appropriate.

 I hope you all enjoy your holiday weekend, and as with most things, the sooner I can have this memo, the better."

 

Escambia County Leading MANY other Large Counties in Wage Growth! Leading Mobile in Job Growth!

Dr. Rick Harper addresses the NAIOP luncheon at the Pensacola Yacht Club 5-24-2023 and provided some significant, positive data on our economic development achievements locally.

At a NAIOP Luncheon I had the opportunity to attend yesterday afternoon at the Pensacola Yacht Club, two speakers gave presentations on the state of the economy and the banking system locally and nationally with an emphasis on where we are now and where we are headed in this uncertain economy.

The first speaker was Heath Jordan, the Chief Investment Officer with Trustmark Bank.  His presentation was on the state of the banking system nationwide and in our region post the Covid pandemic.  He went into great detail about how the Federal Reserve handled the Covid shutdown, and he related that he feels the actions taken prevented a depression.  The actions taken led to "lots of cash sloshing around in the nations's economy" he stated.  This led to large individual (uninsured) deposits at some banks that combined with those same banks' investments in long horizon financial instruments  led to a perfect storm of rapid withdrawals that outpaced the investment returns thus necessitating action be taken by federal regulators in order to prop up these banks.  In particular he was speaking of the recent collapses of Silicone Valley Bank, Signature Bank, and First Republic Bank.  While he feels there may be more banks going under in the 6-9 months ahead, he doesn't believe it will be a widespread phenomenon. "When it happens it will be quick, and it will be quiet" he stated.  According to Jordan-SVB and Signature both were heavily invested in Mortgage Backed Securites--insturments that pay higher dividents but take longer to mature.  With the inflation pressures building and interest rates rising--large deposit holders (uninsured) taking out all of their money outpaced the banks' ability to recapitalize quickly enough to remain solvent. How does that happen?  Jordan held up his phone as he stated, dryly, "This is the reason why....customer ability to withdraw money outpaces the Fed's ability to respond/act." Jordan concluded his remarks stating that he feels a credit slump is coming as the interest rates rise-- but overall he seemed optimistic on our area long term.

Next up was Dr. Rick Harper, Economic advisor with Triumph Gulf Coast.  His presentation had the room listening intently as he started the talk with a bit of humor "The economic situation continues to be ...... interesting" as he threw up a graph on the screen.  But then he continued with some very, very good news.  According to Harper (quoting directly from a news release from the Bureau of Labor Statistics) "Of the 356 largest counties in the United States--Escambia County ranked #22 among all of them for wage growth year over year."  (I subsequently emailed Dr. Harper for the source document and his power point--because that information as well as the balance of his presentation-- was amazingly profound---and a huge justification for the work we do in economic development locally).  

Some other Key Takeaways from Dr. Harper's presentation:

--Escambia County and Pensacola are outpacing Mobile Alabama in terms of job growth--with our area adding 44,200 non-farm jobs to Mobile's 10,500 from January of 1990 to April of 2023 (29.2% growth here, 5.8% in Mobile)

--Construction costs and other factors are damaging to home affordability (costs up 50% compared to  7-8 years ago) 

--Property Insurance prices (state specific to Florida) showing no sign of a "let up."

--Florida leads the nation in year over year population growth (1.9% 2021 to 2022)

--Homeowner equity is very high and debt service is historically low--a good thing

--The Pensacola area ranks #15 out of ALL metropolitan areas in the country in rental price increases from 2020 to 2022 at a 23% increase (affecting housing affordability) 

--Housing prices have grown 6.9% from 2022-2023--exacerbating affordability.

--We have a housing shortage and need to build more.  Absent that, governments should consider allowing greater density, accessory dwelling units, and looking at easing parking regulations/requirements to ease the supply issues.

Dr. Harper also suggested he sees signs of a recession coming--however he was quick to also say he feels confident Florida will weather it far better than other parts of the country because of our low unemployment, tax structure, and growth.

During the Q&A toward the end of the session I had the opportunity to ask Dr. Harper what would happen to the economy and the banking system locally in Pensacola if the Federal Government defaults due to a failure by congress and the white house to come to an agreement on the debt ceiling?  

"They have to solve it, otherwise it will be rising interest rates and chaos" he stated.

Check out Dr. Harper's Power Point here.

Five More Perdido Title Abstracts Received--No Signs of Public Beach Easements Included....

I spent Sunday afternoon in Perdido Key--driving the roundabout from every angle (it works, by the way, if one utilizes the appropriate speed and yields to traffic in the roundabout) and going to each of our public access points and walking up and down the beach.  Some complexes are complying with our sign ordinance, others are not.  Going forward, it appears as if large portions of the beach will open up for public use--but multiple complexes, so far as we can tell thus far, will indeed have private beachfronts as their titles have no public access easements listed.....

Late Monday I received the latest batch of detailed title abstracts from parcels on Perdido Key East of Perdido Skye.  All five of these appear to be from the same batch of parcels that were sold off to local interests in 1912 by the Florida State Board of Education.  As I skimmed each one, I found no language, easements, reservations or any other encumbrance that spoke to public beach access on these parcels.

(read them for yourself here, here, here, here, and here)

Yesterday, I received an email from our attorney who also reviewed these abstracts, and who found essentially the same thing--albeit with a slight disclaimer in his final sentence, below:

"Commissioner:

 I was able to review the most recent batch of abstract reports more quickly than anticipated because the properties have a common chain of title.  Unfortunately, I did not find any references that affirmatively establish a public access easement, although there were several references to that possibility.

 Steve

 Stephen G. West, Senior Assistant County Attorney

Office of the County Attorney"

So what does this mean?

It appears, thus far with only a couple of more abstracts to examine, that the parcels to the East of Perdido Skye do indeed have "private" beaches---as do the parcels directly west of the state park going over to the state line.  That is what we have found thus far.

But-------a HUGE stretch of 64 parcels' worth of beachfront DO contain easement language for public access to public beaches.

So, once we have the final abstracts and have examined them--I will ask the attorney's office to write a comprehensive point paper covering this topic from which the board can make an informed policy decision on how to proceed.  As I have said all along, I respect the rules and the parcels that have private beaches to the water will be respected and the ones that have public access easements will be openend.

And access #1 and #4 will be tricky---but #2 and #3 will be opened.  I will also work hard to bolster safety at #2 and #3 by adding lifeguards and towers as quickly as we can.

I am also going to speak with Represntative Alex Andrade about what the county would need to do to take over and open up the parking facility at the State Park out there that is underutilized due to a partial closure that has gone on for a long time.  I attempted to reach him yesterday and will do so again today.

More to come, but I am working a plan that will provide for more parking safety and access but respects everyone's rights.

No "Upzoning" on Innerarity from One (1) Home to Fifteen (15) Homes Per Lot

Several concerned individuals contacted me with the rumor that a single family lot on Innerarity in District 1 was going to be "upzoned" to allow 15 housed to be built on that one lot.

I knew this wasn't right, so I asked our Development Services Department staff about this.

I was told there was a pre-application submitted about a month ago, but nothing since.  This pre-application was for the utilization of multiple lots, once acquired, to be developed for single family homes not simply one lot.  An LLC has apparently been formed, it is a developer from Perdido Key, and he is acquiring contiguous parcels that once all owned by him, may allow him to develop multiple dwellings under the current zoning (MDR 10 per acre) once he has the property to accommodate the necessary stormwater retention and street requirements.  

But I was also told all of this is under the current zoning and that no upzoning was being requested.

I asked staff if there was any way---even if he assembled multiple lots---to get to 15 homes.

I was told it was doubtful under the current zoning.  The rendering presented does indicate 18 lots over what appears to be multiple existing parcels on both sides of Innerarity Point Road.

I'll be on 1370 WCOA's "Real News with Rick Outzen" Later this Morning: Talking Opening Beaches in Perdido

I've been invited to appear as the lead off guest on this morning's episode of Real News with Rick Outzen on 1370 WCOA--a show that is the premiere, highest rated morning drive news program in the Pensacola market

 

I'll be on the area's best and most highly trusted morning drive news source, "Real News with Rick Outzen" later this morning at 7:00 to talk about the county's letters and maps sent to hundreds or Perdido Key residents informing them about our new sign ordinance and also about a huge swath of beach area that is available for the public's use.

We will talk about plans for adding lifeguards and lifeguard stands as well.

Should be a good discussion and I will post it here once Rick publishes the podcast.

Liberation of a MASSIVE Portion of Perdido Key Beaches for Public Use Now Underway

And it was a long time coming.  And the blocking of this access should have never happened.

Nevertheless--it did happen.  

But now it is changing, and a huge portion---HUGE--- is now liberated from the "no trespassing" signs.

As it should have always been since 1957 (and was when I used to frequent these beaches in the 1980s)-a large swath of beach in Perdido Key is being opened up for the public's use.  It is being liberated from the "no trespassing signs"

The county on Monday sent out letters and maps to the owners of the various properties within 64 parcels on Perdido Key where we all now know there exists a perpetual easement for public beach access.

Huge week and huge day for public access of the beaches of the Gulf of Mexico in Perdido Key in Escambia County's District 1.

See the letter(below)----and the accompanying map (above) which was sent to hundreds of residents in Perdido Key this week, below....

 

83rd Coffee--Hurricane Preparation, Homeless Issues, Warrington Middle School---Big Discussions--Watch Them Here

83rd Coffee with the Commissioner This Wednesday Morning: Hurricane Preparedness is the Topic

 

This Wednesday morning we will have our 83rd Coffee with the Commissioner. The live stream will take place from 6:30-7:30 a.m. To join the meeting, visit our D1 site on Facebook here: www.facebook.com/CommissionerBergosh/. 

This month's Coffee with the Commissioner will feature County Administrator Wes Moreno and Emergency Manager Travis Tompkins. Moreno will provide an update on county business, and Tompkins will discuss hurricane preparedness and Escambia County's preparation plans for the upcoming season.  I will also be discussing several initiatives discussed at the recently concluded #GHC2023  (Governor's Hurricane Conference) in West Palm Beach which I had the opportunity to attend last week.

Residents are encouraged to send virtual questions and comments they would like to discuss with the panel during the event through Facebook or in advance to District1@myescambia.com. 

For more information, contact District 1 at 850-595-4910.

Escambia County Applies for More Than $92 Million for Countywide Infrastructure Upgrades

Escambia County is currently an applicant for more than $92 Million in various infrastructure upgrade projects which will, if awarded, benefit every citizen in Escambia County!

As I mention frequently at our BCC meetings, our staff at Escambia County are incredibly dedicated and committed to working hard for our citizens.  Often, they absorb criticism, scorn, and unfair characterizations.  But these narratives are unwarranted, and in nearly every respect I have found them as a team to be very responsive, proactive, and effective.  Particularly this current staff.

One standout is  our Grants and Special Projects Manager Elizabeth Kissel.  

She has been working hard, in conjunction with our Budgeting Office and others from multiple departments, on getting our county reimbursed for multiple natural disasters going all the way back to the floods of 2014.  Lately she has been applying for numerous grants for multiple projects all over the county.  She has been instrumental in assisting our county in receiving Millions of dollars in reimbursements from both the state and federal governments for these previous events.

On Friday, a huge list of very worthwhile grant proposals totalling more than $92 Million dollars was sent to commissioners by Liz Kissel.  While it is not a guarantee that we will receive these funds to complete these projects--it is nevertheless worthwhile for us to try.  And we will get many of these grants.

Kudos to Liz and all of the staff members who assisted with completing these below grant applications.

Rebuild Florida Hurricane Sally Grants

• Rebuild Florida Infrastructure Repair Grant Applications (Allowed 3 applications)
• Grant Close Date – Friday, April 14, 2023 – ALL THREE GRANT APPLICATIONS WERE SUBMITTED ONTIME.
• Applications
• Application 1 - $32,550,000 - New ECAT energy efficient Escambia County Transit Center and solar powered bus shelters at the facility with ADA upgrades. Will also serve as an emergency shelter.
• Application 2 - $6 million – Beach Haven Phase 3 Design
• Application 3 - $26,396,768 million – Regional Stormwater Projects which included:
• PHS Drainage Improvements Phase I, II, and III - $1,800,000
• Oakfield Acres/Palafox - $11,200,000
• Carver Park Phase II - $2,160,000
• Monroe Avenue - $2,000,000
• Brickyard Road - $2,000,000
• Olive Road street and drainage improvement - $7,236,768
• Rebuild Florida Voluntary Home Buyout Grant Application (Allowed 1 application)
• Grant Close Date – Friday, April 14, 2023 – GRANT APPLICATION SUBMITTED ONTIME.
• Application
• $3,170,114.80 – Designed to encourage risk reduction through the purchase of residential property in high flood-risk areas to help reduce the impact of future disasters. Included four Hazard Mitigation Grant local match requirements plus other expenses not included in the grants:
• Bristol Park
• Countywide
• Rich Land
• Escambia County, Pensacola, and Cantonment
• Rebuild Florida Hometown Revitalization Grant (Allowed 3 applications)
• Grant Close Date – May 1, 2023 – ALL THREE GRANT APPLICATIONS WERE SUBMITTED ONTIME.
• Applications
• Application 1 – $5,000,000 – ECAT Solar Powered Community Bus Shelters with ADA Upgrades
• Application 2 – $5,000,000 – Palafox Street Sidewalks from Highway 29 to Nine Mile Road (4.8 miles)
• Application 3 - $5,000,000 – Regional Sidewalk and Drainage Projects including:
• Jackson Street Sidewalks and Drainage from 57^th Avenue to New Warrington Road (1.47 miles)
• “W” Street Sidewalks from Airport Boulevard to Highway 29
• Hollywood Avenue Sidewalks and Drainage from Massachusetts Avenue to Fairfield Drive
• Rebuild Florida Subrecipient Housing Repair and Replacement Grant (Allowed 1 application)
• Grant Close Date – May 15, 2023 – GRANT APPLICATION SUBMITTED ONTIME.
• Application
• $9,000,000 is the MAX application and we will be seeking the full amount.
• A subrecipient program designed to repair, replace, or reconstruct homes damaged by Hurricane Sally.

Governor's Hurricane Conference 2023 Palm Beach County

 

I had the opportunity to attend the 17^th Governor’s Hurricane Conference in West Palm Beach this week, and there was a lot to learn and many experts in the field to hear from.  I attended this conference along with a team from the company I work for, ESA South, Inc.---not as a County Commissioner.  Nevertheless—there was definitely some crossover, and I learned a lot that will be useful in my duty as a commissioner—particularly if disaster strikes our area again.

The session got kicked off with a welcome from Lt. Governor Jeanette Nunez, where she recapped the completion of the legislative session and described the state’s numerous proactive measures for hurricane preparation and recovery efforts.

Next- we heard from the deputy director of the National Hurricane Center, Jamie Rhome. His message to thousands of attendees at the first general session was to heed the warnings from local officials and be prepared in advance of storms. Also— he reiterated the necessity that the public focus on storm surge— not the Saffir Simpson wind scale. “Storm surge kills” he stated emphatically. He also presented compelling data on how forecast models and storm prediction simulations have dramatically improved in the last decade. “Don’t text me and ask— ‘hey did you see the latest GFS model?’— we do this for a living!” He quipped.  He presented numerous, data rich slides in his presentation demonstrating how the NHC is improving models and how this has the potential to save lives--- if the public will simply heed the warnings put out by public officials and the media ahead of a storm’s arrival.

The session also provided numerous opportunities for breakout sessions—allowing for additional learning from not only professionals engaged in the field of emergency management but also from many vendors and providers who set up information booths in the exhibit hall.  More than one-hundred purveyors and vendors had exhibits in the hall—most had informational materials to hand out and representatives on hand to answer questions from convention participants.

From shelf-stable emergency meals, to trailers for “bunking” disaster responders (and bathroom and shower trailers) to companies engaged in disaster recovery, to other companies who have developed innovative software technologies to assist with disaster response and recovery forms and paperwork.  There was also a plethora of companies that provide “consulting” services.

One very informative and interesting 3.5 hour session I attended was on the topic of F-ROC—which is an acronym for the Florida Recovery Obligation Calculation system which is in the midst of a gigantic, data-driven overhaul to ensure maximum accuracy in data collection post-storm for municipalities and counties throughout Florida-which will allow for the standardization, streamlining, and simplification of the Public Assistance process. This will result in a quicker recovery and reduced risk for Applicants (Counties and Municipalities).  According to the current Executive Director of the Office of the Governor-Florida Division of Emergency Management Kevin Guthrie, whom I had the opportunity to speak with after his presentation—this change to our current system will be an “adopted best practice nationwide” once Florida completes this overhaul and implementation by July of 2024.  Guthrie stated, “Over the last five years we have been able to facilitate the recovery of more than $8Billion dollars for Florida Counties and municipalities—which is more than double what was recovered in the previous 20 years.”

Currently, about 160 Florida municipalities and counties have participated in the testing of the new system which will go live starting in July of this year, and which will be implemented the following year.

Another informative session I attended at this convention centered on the protection of public and private infrastructure and Information Technology resources nationwide that is supported by CISA.  CISA is the Federal Agency that supports state and local government in their quest to harden their infrastructure against all threats—man made and naturally occurring.  This presentation spotlighted the concept of “dependencies” as an issue which must be considered in the disaster recovery world-- which describes the numerous categories of critical infrastructure that are dependent upon one another post an “event” that creates a widespread “disruption.”  The panel had current and former federal, local, and state level officials well-versed in disaster recovery moderating.  The overarching theme put forward was the idea that the definition of critical infrastructure is multi-faceted and, in many respects, “perspective based.”  But regardless of one’s perspective—the idea of dependencies is solid; impacts from events—whether man-made or naturally occurring—have wide ranging impacts on systems that are not necessarily connected to the areas/industries initially impacted—which is why the Federal government takes such an interest in this topic.  Much more to digest on this topic here.

The last breakout I attended was on the topic of sheltering those who find themselves displaced after a storm.  This session was moderated by folks who are well-versed in storm response and recovery: John Scott from Brevard County’s Emergency Management Department, Beth Meyer from the Florida Independent Living Council, and Ryan Lock from the American Red Cross.  The main theme of this session was that the sheltering process prior, during, and after the storm event should be subdivided into two categories—storm sheltering and recovery sheltering.  The initial storm sheltering is a response to a crisis event—the long-term recovery sheltering, and the follow-on case work is based upon recovery from such an event.  And the underlying reality is that the goal should be to assist folks with getting back to their pre-storm state as quickly as possible after the storm event—which can be tricky.  The panel for this breakout session described the timeline for the shelters in Lee County pre and post Hurricane Ian—and the significant drop off in shelter population shortly after the storm which surprised many experts.  As one might naturally imagine—the least complex of the shelter discharges are folks that have homes or are already served by an ongoing social service provider (disabled citizens, veterans).  The most difficult cases are the individuals that are renters and those who are homeless pre-storm.  According to the lead panelist, Ryan Lock, there is no firm timetable for completely clearing the shelters, but his heuristic is within two weeks if it is at all possible.  He continued “Sometimes you must have difficult conversations when folks are hesitant to leave.  Often, they do not want the only solution available for them, sometimes they do not feel such a solution is adequate.  Regardless, it will inevitably come to a point where you must be firm and tell them here are the options, you can leave the shelter, or you can take this assistance—but you must choose—the shelter is closing.”

So, the conference was greatly beneficial and enlightening—particularly given the proximity to the start

Two More Perdido Key Title Abstracts with No Public Beach Access Found within: County Beach Access #1 Will Be Challenging......

Late yesterday afternoon we received two more title abstracts for Sandy Key and Beach Colony parcels on the Eastern side of Perdido Key--very close to Escambia County Beach Access #1.  While we do not yet have the abstract for the parcel directly adjacent to Access #1 on the east side (La Playa)--we do have the abstracts for the others in the same general area and thus far we have not found the public beach access easement language we found in the other 64 parcels to the west starting at Perdido Skye and going westward  all the way to the state park.

So as it has been and will continue to be-------County Beach Access #1 will be challenging.  Because unless I missed something--the original grant to the Stillman family from the state board of education found within these two abstracts (Sandy Key and Beach Colony) only have easements for the road and then for minerals and petroleum.  No public beach access.

So as I am now starting to see--we may not find any additional access granted within the original deeds of these other properties outside of the original 64 that we have found.  And that is okay if that is the way this shakes out.  Perhaps that enclave of properties will be the only area of Perdido key East of the state park that has private beaches?  We will know soon.

Meanwhile, the HUGE win remains.

We KNOW with certainty that from the state park going eastward to and including Perdido Skye--every deed in between that area has the "southerly 75' easement for public beach access for a public beach" language contained within.  That is a LOT of soon to be opened-up public beach access for the people.

More importantly--that also opens up the possibility that if the public has access to that large swath of previously "thought to have been" private beach area--that we may be able to station lifeguards at access points #2 and #3 to improve public safety there.  That will be a win of epic proportion that stands even if we do not find another single parcel that contains public beach access language.

More to come, 8 more abstracts left to examine.

On 1370 WCOA's "Real News with Rick Outzen" Today: Latest on Medical Examiner vs. Funeral Director Claims

 

Rick Outzen called yesterday and invited me to appear on his popular morning drive news program "Real News with Rick Outzen" this morning at 7:00.  He wanted to discuss the issues surrounding the recent claims by the Medical Examiners that there is no basis to the complaints by several funeral home directors.

A real strange story where apparently I am the bad guy for publishing some public record emails sent to my office with outrageous accusations that affect the families and loved ones of the constituents I represent.  And I was very skeptical about the veracity of these claims----- which I stated in my post.

Come to find out one of the funeral directors who wrote theses salacious, scathing letters trouncing the ME's office and reputation has now had a change of heart and wishes he would have never even written the letter.  He all but recanted what he wrote. He feels really "bad" about it.

How weird is that?  Was it true what he wrote?  Will someone get around to asking him that question??

Meanwhile, I've been subsequently contacted by another funeral director who specifically does NOT recant what he wrote and who believes things are improving but there are still issues with that ME's office.

And then I received a gruesome account via email of how another body was "butchered" by the medical examiner's office.  This one, received just yesterday, is so gross and distrurbing I am not even going to publish it.  It is stomach turning, nauseating, and heartbreaking for the grieving family member who experienced it.

So I don't know what is going on, but it sounds as if there is still some work to be done to rectify all the issues.  Meanwhile, folks ought to be careful about crying wolf then feeling bad about it, because when I get stomach-truning accounts like those letters sent to me in my official capacity----yeah, I am going to talk about it and blog about it.

Had I not done so, the media would have never covered it and we would not yet be close to a solution to the problems--which at least we now appear to be BECAUSE of the publicity this gory episode received.

Rick and I had a good discussion, which I will link here once he publishes the podcast.

Was it True--Or Was I Right and it Wasn't True?

Those that do a rain dance should not be upset when they get wet....

Yesterday afternoon I got a call and a text from the AM 1620 News producer asking my opinion about the latest "revelation" about the Medical Examiner.  Apparently, the Medical Examiner was on Andrew Tallman McKay's show yesterday morning along with a remorseful funeral director.  I told him I don't listen to the show, didn't hear it, didn't know what happened.

Later in the day, I got a call from the PNJ.  Same topic.  The reporter texted me a podcast of the conversation.

Then this morning I get a text from Channel 3.  Same issue.

So I held my nose and listened to the podcast.

Here's the takeaway:  The funeral directors sent letters to the county making outrageous, unbelievable accusations that were graphic, salacious, and incredible.  They were also public records the minute we received them.

I posted excerpts to this blog because these allegations were so out of the ordinary.  As is typically the case, the media outlets in town who constantly mine my blog for story ideas picked up the story and ran with it.

And now, come to find out, at least one of these funeral directors regrets sending the letter.  He says he wishes he would not have sent it.  He all but recanted.

That is interesting, because I thought these allegations were hard to believe and I said so in my original post.  

Looks like my suspicion has been supported---and none of these allegations are true.  Things are perfect and "nothing to see here, move along."

Glad to hear that, because if I get multiple allegations like that from reputable businesses in town on a very sensitive topic of interest to my constituents--I will likely blog about it so my constituents know.  And often times the media will pick this up and run with my topic--reaching an even wider audience.  Good.

But the lingering head scratchers on this topic for me are now two-fold.  

1.)  Why write a letter and make accusations that are false?  Why did this funeral director do this?

2.)  Why get mad at me, a public official that blogs important topics of interest---when my blog has a limited number of viewers when juxtaposed with WEAR's massive audience---and most people saw this story once they (WEAR) picked it up.  And the PNJ.  So why is this guy and the ME upset with me?

Seems ridiculous to me---writing something apparently that was not true and sending it to the county commissioners in the hopes nobody ever reads it???  Huh??  What????  Makes no sense at all.

Sounds like buyer's remorse to me.  Better yet:  Sounds like these guys did a rain dance and are mad when it started raining and they got wet.

The Latest Form Letter Being Sent to Commissioners: Make Escambia Safe for the Unborn

From time to time various groups will send the commissioners form letters on a variety of topics.

Same letter, or a variation of it, with a different sender signing it.

The latest ones are on a topic for which the Board of County Commissioners has zero control.  Abortion.

I am a pro-life Christian man, imperfect, and a sinner.  I know that.  But regardless of what  I think, regardless of what each of the five County Commissioners believe about the very sensitive topic of abortion, whether we're pro-life or pro-abortion, the fact of the matter is we don't regulate it at the county level.  That is a state and federal area of oversight.  The letters should be directed there.

A few years back, some governments locally were getting form letter requests from those who wanted  human rights proclamations enacted-- recognizing those who lead certain alternative lifestyles.  Again, not a city, county, or local government issue.

Then there are the gun rights letters advocating for a gun-friendly ordinance.

We don't regulate firearms--that is federal and state territory.

So here is the latest form letter request we are getting; Make Escambia Safe for the Unborn

"Dear Commissioner,

As a local resident, I am appealing to you on behalf of the thousands of preborn children who have been murdered in Escambia County through the horrific act of abortion. I request that you immediately adopt the Resolution to “Make Escambia County Safe for the Unborn” as introduced by Pastor Kent Langham on May 4th.  

Both the Bible (Ps. 139:13-14) and scientific evidence are absolutely clear that life begins at conception. As recently as March 2017, the American College of Pediatricians published an Abstract stating that “The predominance of human biological research confirms that human life begins at conception - fertilization.” Therefore, to take the life of the preborn at any point is to take away one’s life unjustly, thus committing murder.

Abortion is in violation of our country's founding documents which declare, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of happiness.”

Abortion not only infringes upon the preborn human’s constitutional right to life, but it also violates the law of God. The Bible consistently teaches that God forbids murder and hates the shedding of innocent blood (Ex. 20:13; Prov. 6:16-17).

I hope you will consider adopting this resolution and thereby protecting innocent human life in Escambia County. Thank you for your time and consideration. Please contact me should you wish to discuss this further.

Thank you,

 XXXXXXXXXXXXXX "

County Requests Safety Evaluation of FDOT's Beulah Road/9-Mile Road Intersection: FDOT is Studying the Issue

There have been a number of wrecks at the intersection of the state's roads Beulah Road and 9-Mile Road.

The latest one resulted in a fatality.  Numerous Citizens have expressed concern.  And the county is listening.

Last week, we requested FDOT look into this situation for safety's sake via this email, below:

"Escambia County requests the Department conduct a comprehensive evaluation of the signalized intersection of Nine Mile Road (State Road 10 / U.S. 90-A) at Beulah Road (State Road 99).  The Design-Build improvements were complete in February 2022 and drivers routinely request changes to the geometry, pavement markings and traffic signal operations.  The evaluation may need multiple staff with multiple backgrounds; Design, Safety Office, and Traffic Operations. 

 One specific concern that routinely comes up is the obscured view of oncoming thru traffic for the driver turning left on the green permissive phase.  (It appears to be more obscure for the eastbound left turning vehicle.)  Has the Department reviewed the possibility of shifting the EB left turn lane to the north to provide additional sight distance?  If it is not feasible, please examine changing the traffic signal’s left turn treatment from protected/permissive mode to protected only mode.  There have been two major crashes with eastbound left turning drivers failing to yield the right of way and turning in front of a westbound driver in the past few months.  (November 16, 2022 and April 28, 2023).  The latest crash resulted in a fatality.

 FDOT Design Office is currently managing Project 433113-5-52-01, Beulah Road resurfacing from Mobile Highway (SR 10A/U.S. 90) to Issacs Lane.  There may already be an evaluation complete.  If so, can you forward the document?  There may be some short-term recommendations Escambia County maintenance staff can implement.  The Google Earth KMZ file representing 30% plans is attached.

 FDOT provided signalization upgrades during the Design-Build project that can provide valuable data for the evaluation.  The detection camera provides a variety of data including turning movement counts and 24-hour counts. I am also available to meet to go over some of the citizen suggestions, verify measurements in the field and obtain photos.    

 County Commissioner Bergosh has requested to stay informed on the progress of this request.  I am copying him on this email.  As a courtesy, I am also copying the District Traffic Operations Engineer.

 Appreciate your support."

Wednesday of last week, FDOT acknowledged the issue and confirmed they are having the matter looked into.

Good afternoon Jim,

 

"We have tasked Phillip Kurth, with FTE to study this location.

 Phillip

 Please see Jim’s email below regarding the Task Assignment for this location that I sent you earlier. Please work with Jim Hagon on this assignment.

 Respectfully,

 Tammy Melchi

Traffic Specialist IV

FDOT Traffic Operations Office"

more to come.

Calling for War?

Just prior to the board of county commissioners' passing (unanimously) the sign reform ordinance for Perdido Key Beach in District 1(to reduce the number of signs per property in order to clean up the aesthetics of that beach and to prevent harm to wildlife) ----one speaker who appeared flummoxed (56:45 of this video) to learn his complex's property (La Riva) contains a 75 foot public beach easement for public beach access asked if the board was "calling for war!"

Of course we are not "calling for war"--however if the extreme hyperbole of "war" is to be used here (which is inappropriate, IMHO.  My dad and brother--and many other veterans-- fought in real "wars"--public beach access is not that...) then it has been a "war" on the  public and the general public's rightful access to their public beaches guaranteed via these perpetual easements which has recently been waged by some owners and complexes at Perdido Key.   But not to worry, I am going to get to the bottom of all of this within the next few months and move appropriately to recognize EVERYONE's rights.  (Yes, including the general public who do not necessarily have the resources to own a luxury beachfront condominium but who nevertheless have access rights to visit those beaches)

Now, as it pertains to the two complexes directly adjacent to our existing, diminutive public beach access #1-- (Beach Colony and La Playa) we don't yet for certain have all the information on whether or not there is an access easement for the public specific to these two complexes.  We are working on that.  Meanwhile, now comes word that at least one of these two complexes is now brazenly violating our sign  ordinance by attaching a rope to multiple signs going from the dune line all the way down to the water.  This picture taken yesterday- 5-6-2023.  So, I'd simply ask this.  Who is it that is "waging war" against whom?

I'm a guy who is a rule follower.  I follow the rules and I call balls and strikes with issues that come before me.  I've said it at all of my public town halls in the Perdido area since that portion of the county came back to D1 post-redistricting.  And of course, I have and remain a public beach access guy.

But before the revelation about these access easements was uncovered, I told the owners of condos at the beach I would follow all rules about private property ownership/beach access/property rights.

And that stance won't change at all, not one inch, going forward.  

It's just that now following the rules means that we allow the public's rightful access to the beaches guaranteed in these original deeds.  

I know this will infuriate some.

But rules are rules, and I am a rule follower---always have been, always will be.   

Balls and strikes, black and white, right and wrong.

Two Fresh Title Abstracts: Not Surprisingly--They Don't Indicate any Public Beach Access Easements or Reservations

Late Friday Afternoon Assistant County Attorney Steve West forwarded to me two new title abstracts for two existing parcels in Perdido Key (Sundown and Grand Caribbean).  Neither of these two parcels, from my initial scan and review of them, provide for any dedicated public beach access nor do they contain easements or reservations for the public's use of the beach.  And this is not surprising.

Because the Sundown parcel is on the extreme west end of Perdido Key and looks as if it is firmly within the giant tract of land that was deeded to three families directly from the Federal Government in 1926 via an action by then president Calvin Coolidge.  So, no new news there.

Part of the public access  mystery appears to be solved in looking at the original deed for Grand Caribbean which apparently extended all the way down to the beach.  

Which means at some point Sandy Key was subdivided and sold off from the original Grand Caribbean deeded property--so far as I can tell. 

The Grand Caribbean parcel, while in and of itself providing no dedicated easement or reservation for perpetual beach access for/by the general public nevertheless is interesting because in it's current configuration it is "land-locked" to the north of the Gulf of Mexico bordered by the Sandy Key condominium on its south--with Sandy Key directly on the Gulf of Mexico.  It appears that the original large parcel had gulf front property included.  So the interesting thing that I discussed in a previous blog post was "why" Sandy Key would acquiesce to Grand Caribbean's want for a beach walkover to access the Gulf of Mexico?  The Grand Caribbean HOA document contained within the abstract only contains one page and in the one page (of many I would assume) there is no mention of public beach access to the south--so I would need to see the rest of the 1996 HOA Grand Caribbean covenants to know for sure if deeded public beach access was negotiated for the northern part (Grand Caribbean) when the parcel(s) were divided up in 1996 and two separate condo complexes were made from the one larg lot?  But with the information I have at hand right now--it appears somewhere there is a reservation for Grand Caribbean from Sandy Key for access.  That's my assumption for now, but I'll find out for sure in the weeks and months to come.   

So no, these two parcels' abstracts and what they describe (no public beach access) do NOT come as surprise to me based upon the sum totality of what we know thus far about all of the parcels out on Perdido Key.  The interesting information will come upon our thorough examination of the deeds and abstracts for La Playa, Sandy Key, Beach Colony, Parasol, Land's End, Vista Del Mar, Indigo, Indigo East, Palacio, and Perdido Sun.

Once we start to receive each of these complete abstracts, which we will obtain, we will have a much clearer picture of the state of public beach access at all of Perdido Key in District 1.  In fact--once we get the final ten mentioned above----I think we will have the entire puzzle put together.

More to come.