SS United States Move to Escambia County Waters: Is the Lack of a Re-compression Chamber Locally an Unmovable Safety Obstacle?

Could the lack of a publicly-accessible recompression chamber in Escambia County slow the momentum to bring another large wreck to our local waters?

In the recent flurry of activity surrounding the potential move of the SS United States to the waters off of Escambia County, one issue has arisen that is worth consideration.  Safety.

Full disclosure, I am not a diver, I am not a subject matter expert.  But I know folks that are so I reached out to a few that do know this topic.

On deep dives, there are multiple issues that can go wrong.  Sometimes, a diver requires a re-compression chamber after a complication resulting from such a dive.

According to a constituent with whom I spoke--who is not anti-ship or anti-diver-- safety should be looked at when considering whether or not to bring the SS United States to the waters of Escambia --because there are no publicly available Re-compression chambers in Escambia County.  The closest ones are in Mobile County to our West, and Bay County to our East.

This constituent lost her husband tragically due to a complication resulting from a deep dive on the Oriskany in 2016.

"There was no chamber here, and by the time the ambulance was taking him to Mobile---he died" she related.

Acording to a veteran, very well-versed diver who also has experience in healtcare with whom I spoke--Pensacola will never get a recompression chamber.  "They are simply too expensive to purchase and staff for the one or two incidents per year they would be required to treat" said this individual.  He continued--"After all, these hospitals are businesses at the end of the day, and this would be a huge expense that is also not covered by insurance."

According to this individual--divers must purchase their own, stand alone policies that cover such treatment in case of an emergency during a dive.  The average, garden variety health insurance policy does not cover it.

I don't think the lack of a re-compression facility should dissuade us from looking seriously at bringing this wreck to Escambia County--but I do think a clear-eyed, iron clad protocol should be established that dictates severe diving related incidents MUST be treated utilizing an air ambulance that could get such a diver to Springhill in Mobile in a very short time--if such a service is needed.  Perhaps the protocol should be discussed and codified.

Meanwhile, I received another call yesterday in support.  This time from a very successful, local, and well-respected and wealthy real estate developer and outdoor enthusiast.  He expressed support and optimism that our area could not only pull this off, but that this ship's stacks could be cut off allowing for the entirety of the ship to be sunk at depths where the average recreational diver could visit the whole ship safely.

"I only dive once every five years--but I will definitely want to dive this wreck if it is shallow and if we get it.  If we were talking about another wreck at Oriskany's depth--I would not have called you, Jeff.  This conversation would not be happening."  He quipped.

So we will see how the conversations go in the next few weeks.  Again, for my support and yes vote, it has to be funded, completely, utilizing non ad-valorem revenues and no LOST funds.  

But if we can get grants and/or TDT funding or private funding--or even a Triumph Gulf Coast Grant, I am ALL IN!

PERDIDO-GATE Bombshell Part III: What Does the PKA Know about the Ubiquity of 75' Public Easement(s) on PK and the Infamous "Walkover to Nowhere?"

In part I and II of this series we uncovered the fact that there are dozens of parcels, on the Gulf of Mexico, in Perdido Key, In District 1 of Escambia County Florida where public beach access in perpetuity was supposed to be guaranteed--- for the citizens--- in the original deeds of such properties granted to original owners from the Federal Government.  In perpetuity.  But that hasn't happened:  The opposite has occurred--with citizens being barred behind ominous "no-trespassing" "keep- out" and "private property" signs and armed security to boot in many instances.  We also located documentation indicating some county staffers in 2001 knew of this.  And we identified at least one property deed recorded as recently as 2005 with the clerk of the court prominently indicating this 75' of easement for public beach access in the transfer.  But many other subsequent titles scanned by the legal office apparently do not have this language (or at least we have not been able to locate the original deeds that indicate this language.)  These two original posts on these topics have blown up on this blog like gas poured over a fireworks depot and lit with a stick of dynamite;  thousands and thousand of hits, unique visits, downloads from all over the country and nearly one hundred comments thus far.  Add to this two front page headlines in the hard copy Saturday and Sunday PNJ, multiple stories on the area's media juggernaut WEAR, and every radio station in town reporting on this as well as studio 850 and other Facebook Sites.  It is big.  In fact, as I have now stated numerous times--this is the biggest government related story in the area in the last 16 years I have served as a public official:  Bigger than the school superintendent's DUI, bigger than the Newpoint school scandal where people went to jail.  This is bigger and it is growing.

As I continue my research into how this matter, this travesty of deliberate blocking of the public's deed-granted, perpetual access to the beach by some properties at Perdido Key over the years --complete with armed guards and ominous warning signs--was perpetrated on the public--some additional questions are coming up which offer tantalizing clues as to the existance of potentially  more institutional knowledge on public access easements on the key.

SO WHAT DOES THE PKA KNOW ABOUT BEACH ACCESS EASEMENTS TODAY?

First of all--the Perdido Key Association is the organization on Perdido Key that has the most  institutional knowledge of all things Perdido Key.  Their former president, Dick Domurat, knew of the existance of the 75' public beach access--- at least as it pertained at the time to the parcel where the eventual Windemere Condominium would be constructed.  Domurat argued strenuously, on behalf of the PKA IN 2000-2001, against the county's density grant for the number of units ultimately approved for that tower.  The basis of his challenge was that the presence of a 75' public beach access easement lowered the total lot size, which he felt thereby would necessitate that the county concommitantly reduce the number of dwellings allowed.  The PKA knew that then--so did they also know this easement appeared on other lots as we just recently found out?  I emailed the current head of PKA, Mr. Charles Krupnick to ask him.  Here is my email to him on this topic specifically:

"Good Morning Charles,

 I hope you are enjoying your weekend, and I wanted to run a couple of things by you.

 As I am digging into the issues of the public beach access use easement on dozens of properties on Perdido Key of which, apparently, nobody was aware I am told—I found when researching all the aforementioned deeds and litigation particularly as it related to the Windemere condominium’s initial construction---I found something interesting.  Apparently, at that time, the president of PKA and your predecessor, Dick Domurat, on behalf of the PKA fought against the county’s calculation of density allowance for this Windemere condominium on the basis of the lot size not being 3 acres total—but actually less than 2 total acres due to the existing 75’ perpetual easement for public beach access.  I found that argument to be interesting and eventually it was not persuasive to the county at that time.  The nugget of good information from that proceeding, in my view, is that all parties recognized the reality and the validity of that language; the decision on density did not turn on whether or not the easement was real, so far as I can tell, but rather that the lot size was over three acres including the easement and the presence of the easement did not diminish the factual, actual size of the lot. 

 But now, knowing all this happened in 2001—I was curious if you were aware of this 75’ easement?  Was anyone in the PKA aware?  And more importantly—are you aware of this sort of language on any of the other originally executed deeds from the Federal Government to private parties on PK from 1940 onward?

 I am tasking the legal office with finding every single one of the originally executed transfer deeds from the U.S. Government (Because the U.S. Government owned all of this land and eventually deeded it to states, counties, and private parties all over the Panhandle---and all the language in what transfers we have seen here, on Santa Rosa Island, and elsewhere all contains language protecting public ownership/accessibility of the beaches) to see if this language stipulating public access appears on every one or any others in Perdido Key specifically outside of the 64 deeds we have already found.  Thus far, it has apparently been incredibly difficult for our attorneys to locate even one (1) of these original deed transfers on ANY property outside of the original 64 we have encompassing the Gulf Beach subdivision.  However, this is a pressing concern of immense public importance and based upon what we have found thus far I do not believe we can stop researching this matter until we know with certainty whether or not these gulf front parcels all contain similar public beach access easements.  Your assistance in this search may make our task easier, thus my question to you.

 And once we know one way or another—this will drive strategy necessary to ensure appropriate public access where appropriate, the proper provision of public safety and renourishment, as well as marketing and other initiatives.  But public safety is top of mind right now for me—as three citizens visiting the area and staying in condos at PK died by drowning last week.  If these beaches have a public component as many believe we will find they do---then I will fight with everything I have to get

Beach Access #4 at Perdido Key: Ribbon Cutting ONE Month Away!

The current view from Escambia County's soon to be completed and openend Gulf-Front, free  Public Beach Access point in District 1 at Perdido Key

Escambia County, west Escambia County, and District 1's newest public Gulf-Front beach access point (300 FT on the Gulf) is nearing completion.  Beach Access #4 has been a long time coming--nearly 8 years--but it is almost completed.  Better late than never!.  Photos from the site from this week  (below) show the parking lot completed, with asphalt and striping,  split rail fencing installed, and the driveway complete.  Native grasses have been replanted in areas around the parking, and the only remaining items are the unrolling of the Mobi-mat (which will give access to the beach to those who are in wheelchairs) and some signage about the ecology of the area with educational placards about native/protected species.  According to the Natural Resources Management staff: 

"We expect the access mat to be installed in the next 2-3 weeks. I will have an updated timeline from engineering tomorrow. We can start to plan a grand opening for mid-late Feb...We will still be waiting on the wash-station, ada components to the educational signage and a couple other odds and ends."

US Fish and Wildlife Completes Initial Review of Perdido Key Beach Access #4 Plan

Progress is being made in our ongoing quest to open a 300' Gulf-Front parcel the county owns on Perdido Key so that our citizens can access the beach here.  Currently, only nearby condominium residents are able to access our beach.  This is going to change.....

It has been an ongoing saga, the attempts to do what we said we would do with a large piece of Gulf-front property the county acquired back in 2013 for the express purpose of habitat protection/stabilization and public beach access.

Up until last year, the county had done neither.  And the only folks using the property were nearby condominium owners who had a private beach walkover, which they kept padlocked.  Average citizens could not access the beach as it was gated off with NO TRESPASSING signs all over it.

But we are correcting this.  An initial plan pointed to the fact that we could get as many as 44 parking spaces in this property while still maintaining the habitat.

(For those that want to read up on the long and contentious history of this project, you can read all about it here)

Yesterday, Tim Day from our Environmental department let us know that the new plan which the US Fish and Wildlife Service has now had the opportunity to comment upon, is moving forward.  We have lost a few parking spaces, but it looks as though we will still be getting around 37 parking spots in the new layout.  We will #OpenOurBeach  I requested a new rendering of what this will look like, and I will post it when I receive it.  Meanwhile, this is what we were told yesterday:

"I have received preliminary comments back from US Fish and Wildlife Service (FWS) regarding a concept design for the beach access on Perdido Key (former Sundown Condominium).  It appears that with minor revisions to the site plan, this project is ready to enter the County Development Review (DRC) process. Highlights of the current design are as follows:

·         Parking spaces = 37

o   Additional beach mouse corridor width has been provided on the west side of the site to offset minimal corridor on the east

o   USFWS continues to express a level of concern with more than “a few parking spots,” but acknowledges “the size and shape of the non-habitat led to that.”

·         Dune walkover has been eliminated in favor of using Mobi-Mat (or similar) product that will provide on-grade ADA access as well as a drivable surface for the fire department to access the Gulf of Mexico for water rescue operations

·         USFWS has concerns regarding a restroom amenity. I expect to work through those concerns as the Site Plan and Management Plan for the project are completed.

·         Please note it is possible that additional modifications may be required as a result of the DRC process and/or final comments from FWS.

The last Board discussion regarding the planning for this project was on October 18, 2018. At that time the Board authorized $50,000 towards “procurement and planning aspect.” I am currently working with the design engineer to update the draft site plan and then intend to initiate the DRC process."

Latest on Perdido Key Public Beach Access: 43 Spaces + Public Safety Enhancements!

The Latest Conceptual Draft of the planned Public Beach
Access in Perdido Key (above)
points to the possibility of achieving as many
as 43 parking spaces PLUS an
enhanced access point for Public Safety
to use for water rescues!

Tim Day from the County's Environmental Department has provided the following update and
timeline for Beach Access #4 at Perdido Key (draft pictured or right ).

"Commissioners:

I have attached the latest iteration of the draft layout for the Sundown beach access. This version will be provided to USFWS and may be modified based on review and comments from the Service. Current notable features include:

• Area of Existing Development –     22,655 square feet
• Area of Proposed Development  – 21,535 square fee 1,120 square feet total reduction of existing development footprint

• 43 parking spaces
• 40’ X 32’ Space dedicated for full bathroom and rinse area  
• Proposed access corridor for Public Safety to transport rescue equipment to the beach

A dune walkover and ADA observation platform will be included in the final design.

Next Steps:

·         Review by USFWS (2-4 weeks)

·         Address any USFWS comments and revise as needed (2 weeks)

·         Obtain EOR (Engineer of Record) probable cost to construct

·         Submit for Escambia County DRC (Development Review Committee) review and approval (4 weeks)

·         Submit to FDEP to obtain state CCCL (Coastal Construction Control Line) permit (Submittal concurrent with DRC submittal, up to 90 days)

·         Staff to evaluate potential funding sources

·         BCC approval of funding source

Known Issues:

• The challenge to the conditional use approval by the Board of Adjustments is working its way through Circuit Court
• SEAFARER OWNERS ASSICIATION INC v ESCAMBIA COUNTY

Please let me know if you have any questions or concerns.

Best Regards,

Tim"

They Really, Really, Really Do NOT want us to #OpenOurBeach......

Condo Owners near the County's 330 foot parcel of Beachfront property love to use our beach as their own "private" beach.  They even advertise it!  Now that we're going to #OpenOurBeach--a group of condo owners are going to court to try to stop us.  They like it the way it is, because it is a comfortable status quo for them.

First, the folks that never wanted us to do what we voted to do (namely, to open our 330 foot Gulf-Front parcel in Perdido Key for habitat conservation AND Public Beach Access) intentionally perpetuated a comfortable status quo where no action was taken on our land at the beach.  The parcel just sat there.  No habitat fencing, no signage describing the sensitivity of the area, no "no trespassing" signs or "keep out" signs cautioning beach goers not to venture into the dunes.  Nope. Only a "No Trespassing" and "Private Property" sign at the road, along with a locked, fenced gate to keep folks from parking there. And no public beach access.  For four years.

This pleased some special interest developers and a number of nearby condominium owners who really wanted no development at all on that site while the condo owners enjoyed unfettered access to what had become their own "private beach."

It was great for those that already "had theirs" but it was untenable for the county taxpayers, the OWNERS of that parcel who, by this purposeful inaction, were being kept OUT of accessing this prime Gulf-front land.

Every excuse in the book was being put forward--but none of it withstood even the slightest bit of scrutiny. Some people said it was all "political"--but they were wrong.  It isn't political, it was never political, it's about doing what is right.  And so shortly thereafter ----the BCC's Board of Adjustment voted unanimously to grant a conditional use permit for public beach access at this location after the BCC voted to put funding forward to #OpenOurBeach.

So now come the lawyers of the Condo Owners, trying to get the Circuit Court to overturn the BCC and BOA decision to #OpenOurBeach.  They have filed this document hoping to slow down our work to #OpenOurBeach.  What a shame, how disappointing.

But it's not surprising to those of us who've followed this. Because these special interests really, really, really don't want you and I going out there and using "their" beach.  It's shameless.

But we will fix it and we will throw a massive beach party this year, this summer, when we #OpenOurBeach.

For those that are just now tuning in to this mess--if you want the full backstory--just hit the #OpenOurBeach hashtag in this blog's search bar (or on my commissioner's facebook page) and you will get it all.