Judge Rules in Favor of County as it Denies Petition for Writ of Certirari regarding Beach Access #4....

As many of us expected, the courts have now ruled in favor of the County and the County's Board of Adjustment when it denied a petition by nearby residents opposed to the BOA's granting of a conditional use permit for the development of a public beach access point (Beach Access #4) in District 1 at Perdido Key.

The order was handed down yesterday.

Many neighbors were opposed to any public access at this location from the get go once the county began to move in the direction of opening this access.

Why wouldn't they?  These residents enjoyed a comfortable status quo whereby "they" got to enjoy this pristine, 300' of Gulf Front beach in Perdido Key while the county's citizens (the OWNERS of this property) were kept out via menacing "NO TRESPASSING" signs and locked gates and locked pedestrian walk overs.  You (taxpers) owned it, but You (taxpayers) could not use it for nearly 10 years--while nearby property owners did get to use it.

Even though the rationale for the county's acquisition of this property was always for habitat conservation AND Public Beach Access---some nearby owners attempted, via litigation, to blow that up--- questioning the legality of the BOA's process in issuing a conditional use permit.

That argument fell apart as the judge gutted it piece by piece in her below order.

The matter is now settled and the PEOPLE won.  More access, less restriction, a win for every non-beachfront property owner in the county and in District 1.  Read the succinct 7- page order, below.

Lawyers for Condo Owners Make Extensive Public Records Request of County Regarding Beach Access #4 In Perdido Key....

 Here we go again.

Just when we thought it was safe to go in the water--along comes another "request" from the attorneys representing nearby cond owners to Beach Access #4  in Perdido Key in District 1.  They are looking for information on discussions between the county and state and federal environmental agencies specifically about Beach Access #4 in Perdido Key.

It is a wonderful asset, the community at large loves this access point, but apparently there are still some that are looking for a way to shut it down.  That's what it looks like, that's my opinion, and I hope I am wrong.  But Occam's Razor dictates otherwise.

It's open, it's been open, and unless the courts order it closed--it's here to stay.

Here's the request for records, below.

Simmering Anger from a few Because We Were Able to #OpenOurBeach for All

There are a few that really, really, really, really, really, really, really, really, DID NOT want us to open Beach Access #4 on Perdido Key.  They lost, the taxpayers who own the property (you) won!

One week ago today we opened Beach Access #4 at Perdido Key.  It was a love fest--one of the most positive days I remember in my five + years on the Board of County Commissioners.

After 9 long years, we finally were able to #OpenOurBeach !!

Since that time, though, there have been a few folks who have tried to rain on the parade.  Like "Jones"....

"Bergosh:

Are you the moron that is responsible for opening up another access to the beach to let a flood of trespassers on to the beach?  This is going to allow every red neck drunk up and down the highway to come on to the beach and campout on private property that belongs to the folks owing homes on the beach These people using this access will not respect private property. If this does in fact pan out like I think it will I will find a way to make sure you are held personally $ accountable. I look forward to meeting you one day.  

-----Jones"

To which I responded

“Jones”

I’m the commissioner who pushed for, found the funding for, and fought against the special interests FOR opening this parcel of land.  The “Morons” (your term) are the ones who favored having a taxpayer-paid for, 300 foot parcel of gulf front property (purchased expressly FOR public beach access and habitat conservation) sit behind a locked gate with no trespassing signs keeping taxpayers out---- while nearby condo owners and others used and trashed the lot with litter and trampling walks up and down and all through the sensitive habitat-----all the while preventing the owners (the taxpayers who bought it) from using it for 8 years. Yes, those were the “morons” (to coin your pejorative term) that lost this issue, thankfully.Call me anytime if you’d like to discuss 😊  850-293-1459"

"Jones" didn't call........  And then I got this one from "Jeanette":

"...I just watched the YouTube Video you did at the opening of the new public access on Perdido Key and as a resident of Perdido Key was deeply offended.  Your comments regarding the “locked beach walkover” showed your complete ignorance of deeded beach access.  That easement has existed since the land was sold to the County and the walkover was paid for and maintained by private funds and those same private funds pay to clean that area of beach because the County does nothing..."  

 Both of these emails just oozed with disdain for the public, the taxpayers, the owners of this beach.  Just utter resentment that anyone else ought to be able to enjoy the beach.

Jeanette, of course, was wrong.  Her "deeded access" went away when the Sundowner South property was sold to the taxpayers.  They maintained "only" a 6' access easement for a walkover they owned.  But that did not give them permission to use the county's 300' of beach (which they did anyways, not surprisingly, as we didn't enforce a "no trespassing" on them as they always did to us).  What should have been mandated was that the access easement should have come with the stipulation that the walkover could only be maintained in place if it was left unlocked and accessible to the public.  That's what should have happened in 2014 to insure everyone could use that taxpayer owned beach--not just the folks at Sundowner North.  But it didn't---and that condo's occupants used our beach for 9 years when we couldn't, and kept their "walkover" locked with "no trespassing" signs affixed.  Man, what a comfortable status quo they negotiated:  a private beach paid for by the taxpayers where the taxpayers couldn't go.   So yes, Jeanett's assessment of "deeded access" was flawed--according to staff:

"Sundown North has “deeded access” to 6’ of beach between the Crab Trap and Beach Access #4. There are no additional rights for Sundown North residents over the general public to utilize the county property."

"...The County owns the 4.04 acre property on the Gulf front, south of Perdido Key Drive, which it acquired from the Trust for Public Land, which acquired it from Sundown Owners Association, Inc...The only recorded easements excepted from coverage in the County’s title insurance policy are Gulf Power’s.  There is a six foot strip that runs along the western boundary of the County’s parcel.  The County does not own this.  I assume that the Sundown condo owners on the north side of Perdido Key Drive retained the six foot strip" 

Public Beach Access # 4 Opened Today!

 See the video of the event here, below, followed by a photo gallery of the event.  Today was a great day for Escambia County!

Photos below:

We'll Finally, After Nearly 9-Years, #OpenOurBeach Next Friday at 9:30!

A brand new, free public beach access point in Perdido Key will open one week from today--more than DOUBLING the County's current Gulf-Front, free access footprint on Perdido Key---It's a great day for Escambia County!

It was a dog-fight and a battle to get this done.  

Lots of credit goes out to my counterparts on the BCC (3 of them) AND lots of folks who fought with us against a very comfortable status quo that existed where nearby condo owners accessed and used the county's beach but residents who OWNED this land were shut out behind a locked gate and "No Trespassing" signs.  

But with determination and lots of pushing--even through litigation---we shattered that status quo, got to work, and  got this done!  

At 9:30 in the morning one week from today we will finally #OpenOurBeach at Beach Access #4 in Perdido Key!

.....The county will issue the below press release later this morning on MyEscambia.com 

Click HERE to View in Browser Perdido Key Beach Access #4 to Open on March 4 Escambia County will host a grand opening ceremony for the new Public Beach Access #4 at 16470 Perdido Key Drive on March 4, 2022 at 9:30 a.m. The new beach access will be open sunrise to sunset and features a permeable concrete parking lot with 35 parking spots, an ADA-compliant AccessMat dune walkover and educational signage about protected wildlife. The site will add an additional 300 feet of public beach access on the western side of Perdido Key, adjacent to the Crab Trap restaurant. Escambia County District 1 Commissioner and Chairman Jeff Bergosh, who represents Perdido Key, stated: “A lot of folks have worked very hard for eight long years to see this project come to fruition—and on March 4th --this beach access will finally be available for public use! A HUGE thank you goes out to all the staff and citizens who worked to make this day a reality! This new access point will allow us to more than double the existing amount of free public beach access on Perdido Key for all the citizens of Escambia County to enjoy—which in and of itself is a remarkable accomplishment. But this is only the beginning of the work our office plans to pursue to create more free access points on Perdido Key for our citizens’ use in the years to come. I look forward to aggressively moving in that direction—but in the meantime, I look forward to utilizing this newly completed beach access #4 very frequently-- along with all the citizens of Escambia County—and it will be open just in time for Spring Break! This is a great day for Escambia County!” The site was acquired in 2014 in part with a grant from the U.S. Fish and Wildlife Service to provide public beach access and conserve critical habitat for threatened and endangered species. It was the former site of the Sundown Condominium which was destroyed by Hurricane Ivan in 2004. The original concrete pad and building debris were removed in the summer of 2020 and the prior parking lot’s shell base was reutilized for the new public access. Funds for construction were provided by the Tourism Development Tax (TDT). The site is also home to designated Perdido Key Beach Mouse habitat and the site will be managed in accordance with the Perdido Key Habitat Conservation Plan. Fencing will prevent pedestrian and vehicular trespass into protected habitat areas, while signage will educate visitors about threatened and endangered species that utilize the site, including beach mice, nesting shorebirds and sea turtles. Escambia County would like to thank the Florida Fish and Wildlife Commission and US Fish and Wildlife service for their cooperation in the acquisition and development of the project. For more information, please contact the Office of Community and Media Relations at 850-595-1647 or email cmr@myescambia.com.   Community and Media Relations Phone: (850) 595-3476 Email: cmr@myescambia.com After Hours Media Line: (850) 595-1647 You are receiving this email because you opted in to receive alerts for MyEscambia.com. Click here to unsubscribe from email alerts. Florida has a very broad public records law. Under Florida law, IP addresses and both the content of emails and email addresses are public records. If you do not want your IP address and the content of your email or your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in person. Escambia County is committed to providing access and reasonable accommodations to individuals with disabilities to facilitate participation in county meetings or other county services, programs, or activities. For information or to make a request at least 72 hours before the scheduled meeting or other county activity, visit myescambia.com/ADA or call 850-595-4947. Home to more than 300,000 residents in northwest Florida, Escambia County is the westernmost and one of the oldest counties in the state. The mission of Escambia County government is to provide efficient, responsive services that enhance our quality of life, meet common needs, and promote a safe and healthy community. With nearly 1,800 employees, we pride ourselves on being the perfect climate for everything - building a business, raising a family and enjoying recreational pursuits. Picture-perfect white sand beaches and clear, emerald Gulf waters draw millions of vacationers to Escambia each year, especially to Pensacola Beach, named the #4 Top U.S. Beach in 2020 by Tripadvisor. WalletHub ranks Pensacola, Navarre among best 2021 beach towns to live (pnj.com).

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."

What is the Current Status of the Opening of Beach Access #4 at Perdido Key?

I had the opportunity recently to drive through areas of the new District 1 over the weekend, including Innerarity Point and Perdido Key,  and one of the things that stood out to me was just how close we are to completing Beach Access #4.  Significant progress is being made at this, Escambia County and District 1's newest public Gulf-Front access point on Perdido Key.  

Work has been ongoing to level the surface and pour the concrete for the entry and the parking surfaces, which has now been substantially completed and is currently in the process of curing.  Additionally, a large portion of the fomer slab is being returned to nature with the addition of sand and native plants.

According to staff with whom I have spoken recently---this has been the biggest part of the job.  Once cured fully, crews will line the spots, add curbs and the walkover along with signage and split rail fencing.

"We should be functionally open by March 1st" was what I was told.

I can't wait, nor can many others who have been waiting for this for going on 8 years.  It has taken far too long for many reasons--but we are almost at the finish line.

I intend to have a ribbon cutting ceremony once we officially open this access point and it will be a great additional amenity for all of the west side of Escambia County and for District 1 and District 2 citizens!

Update on Beach Access #4: Notice to Proceed Issued, Construction to Begin Imminently

Previously--Nearby Condo Owners were the only ones who could access the County's 300' of Gulf Frontage on Perdido Key.  Heck, they even advertised it.  And they have banded together to fight against opening the beach--because they enjoyed keeping the rest of us out.  They lost, YOU the taxpayer won, and the beach access is being constructed over the next 4 months  :)

The Saga to #OpenOurBeach at Perdido Key is finally, at long last, entering it's last stanza.

Most that follow county issues locally know the agonizing, frustrating story well. (For those that don't-- here is some background on the issue)

I had the opportunity to speak with Natural Resources Director Tim Day early last week, and he reported to me the good news that the contractor building this access site and that has been awarded the contract to do so, Chaver's Construction, has now been issued the coveted Notice to Proceed to begin the final phases of the construction of the west side's most long awaited, largest free public beach access site.  It will accomodate nearly 40 cars, including handicapped drivers, it will have mobi-mats allowing for access to the beach by those persons who are mobility-challenged, and together with the adjoining 200 feet of Gulf of Mexico frontage owned by the Crab Trap restaurant (management of which has stated publicly that once the site is constructed, the public will be able to use their 200 feet in addition to the county's 300 feet) will create nearly DOUBLE the ammount of free public beach access on Perdido Key than what currently exists.

According to Tim Day--it will be about 120 construction days--so hopefully this access will be open in time for Spring Break 2022.  I can't wait to celebrate with a HUGE party on the site the day it opens!!

Because, while it is better late than never----we waited much too long to #OpenOurBeach!!

USFWS Approves Escambia's Conservation Management Plan for Beach Access #4--Letter Received Today!

Staff provided the two page letter (above) and the complete 40 page approval package from The United States Fish and Wildlife Service for Escambia County's Habitat Conservation plan at Beach Access #4.  The salient two-pages of approval are above, and/or you can read the entire package here for lots of additional historical information on this project.

The important thing to note is that the USFWS concurs with Escambia in that this development of this parcel is consistent with the original grant application as well as the modification from 2013 for the addition of the public access component.  This is vital as it dispells lots of rumors, innuendo, and misinformation from those in opposition to this project for selfish and emotional--not logical or rational--reasons.

Next step is we will fund the cost delta needed to finish the construction and #OpenOurBeach, bring in two contractors, and finish this long-overdue project that will protect habitat for endangered species while simultaneously providing desperately needed free public beach access and parking on Perdido Key.

Florida Department of Environmental Protection Approves Construction of Perdido Key Beach Access #4!

This is FANTASTIC news for those of us who love spending time at the beach in Perdido Key.

It has been a struggle, a long, drawn-out struggle.  Read about the long fight for this beach access here.

But now we are at a major watershed moment.  The last big document we needed is now here.  Read it for yourself.

This document allows for the construction.  Our environmental staff have worked hand in hand with the department of Fish and Wildlife and other stakeholders to design an access point that both provides access to the beach for citizens and guests, but one that also meticulously follows the Habitat Conservation Plan to protect the endangered species that live on this property.

This is truly a win-win--for humans and animals.

Now--there are still those that are disgruntled, those that wanted to continue the status quo where this parcel remained sequestered behind locked gates and was only to be used by locals, the nearby and across the street condo owners,  as their own, personal private beach.  Yes, yes--although they feigned indignation about the "danger" to the "critical habitat"---this trope of "concern" was always nothing but a ruse.....That's a known fact of reality so far as I am concerned.  It was and still is all about them, their agenda, and their use of this property and a simultaneous disdain for cooler-dragging day visitors like me.  

But their efforts failed.   Again---the true reason these condo owners and other interested persons fought this access development for you and I is/was because they wanted this beach to be their own beach---they did NOT want day visitors like you and I visiting THIS BEACH.

So they filed a lawsuit which went nowhere.  And it is going nowhere. DOA.

We will soon, very soon, complete the work to #OpenOurBeach.

Meanwhile, we have approved $225,000 in TDT funding to construct this access (which may be a bit short due to increased construction costs which may necessitate an infusion of an additional $50-$70K from the TDT--no problem. ), we have 100% plans, we are moving forward.

We are Going to #OpenOurBeach

With Thursday's vote to move forward with funding $228,000.00 for construction from the County's TDT funds (Tourist Development Tax)--we are finally moving forward with the construction phase of the project that will eventually enable us to---- finally----- #OpenOurBeach at access #4 in Perdido Key!

After 7 long years and lots of gnashing of teeth, obstructions, delays, and threats--we're finally doing what we said we would do for the citizens.

It was great to have a unanimous vote to do this--even in the face of feckless, specious arguments from two persons at the meeting who gave disingenuous, opaque reasoning for holding off on doing this.

The time for holding off is officially over.  The time for action is now.

Next up--completion of a report from UWF's Haas Center illustrating the nexus between this project and tourism--which will allow for the use of these hotel tax dollars to construct this access.

After this, an affirmative vote of the Tourism Development Council (TDC) will be required for expenditure of TDT monies in support of this project.  I preferred to eliminate all uncertainty and to fund the entire project utilizing LOST funds that we have generated from the recent sale of nearly 100 acres of OLF 8 to Navy Federal Credit Union.

But the board did not support this and instead we will go the TDT funds route and see how far $228,000.00 gets us toward completion of this access.

Once completed--this access point will accommodate 34 parking spaces and provide a "Mobi-Mat" walkway from the parking lot down to the dunes which will allow access to the water by emergency vehicles if/when necessary.  These Mobi-Mats also allow access to the beach for/by citizens with disabilities that find themselves confined to a wheelchair.

And last but not least--the opening of this access point and development of this site will insure that the sensitive areas of the dunes system on the property are properly fenced off with signage added describing the protected wildlife in these areas and advising visitors to "keep-out" of these areas.

Right now, no such signage or fencing exists--- and folks currently trample all over the dunes unobstructed, leaving rubbish, disturbed dune vegetation, and disturbed habitat in their wake.

For 7 long years this pristine, 330 foot of Gulf access has been kept from the citizens that bought it--behind a locked gate and "no trespassing" signs.

But with Thursday's vote--that all changed.

And once open--this parcel and the adjacent 200' of beach owned by the Crab Trap restaurant will combine to give area citizens a brand new 500+ foot beach area to utilize free of charge.

This is a fantastic win for all citizens, what a profound turn of events this is.

We are now going to #OpenOurBeach!

How Will We Pay to #OpenOurBeach ?

Beach Access #4 has been locked and off-limits to the public for the last 7 years since the county paid just over $3Million to acquire this parcel for habitat conservation and public access.  We have done the work, we have the plan, and I have identified a source to complete the project.  It is time for us, finally, to #OpenOurBeach.  

Some folks have speculated on the "how" question.

Now that the Restore Act Project has been pulled back, in order to use restore act funds to #OpenOurBeach at Perdido Key Beach Access #4 we would have to start from scratch, build a new project, vet it, take public comment, and re-submit it to the US Treasury.  That could be an option, but that would take too long.

We could always seek to utilize TDT funds (hotel tax monies)--however that would also be a circuitous process, as the law changed in 2018 and now any infrastructure-related expenditures of these funds require a study indicating the tourist related impact necessitating the expenditure.   Additionally, the law requires that the local Tourist Development Council bless any such expenditure.  So this could happen, but again it would be a long process.

General fund dollars could always be used--but even I would not support expenditure of general fund dollars for this project.

So this really leaves few options for this funding.  LOST IV is already overspent for the first 4 years and there are no residual funds from LOST III that could be used.  This I confirmed with the budget and finance office yesterday.

But after going through multiple sources and scenarios, I finally came to a funding source that is available, unallocated, and ready for utilization.

"These funds would be an allowable source to fund the Perdido Key Beach Access Project"  Said attorney Alison Rogers yesterday evening when I asked her about this funding source in particular.

"There are more than enough funds there to do this if the board directs it" said Stephan Hall when I asked him about this specifically in my weekly conference call yesterday evening.

I intend to discuss this funding source this morning during our Committee of the Whole when we discuss this project.

We will #OpenOurBeach!

Thursday: An Update on the Progress to #OpenOurBeach

Condo Owners near the County's 330 foot parcel of Beachfront property in Perdido Key next to the Crab Trap Restaurant love to use our beach as their own "private" beach.  They even advertise it!  Now that we're going to #OpenOurBeach--this group of condo owners is doing everything they can to try to stop us.  They like it just the way it is, because it is a comfortable status quo for them.

This Thursday morning we will have our monthly committee of the whole meeting.  This week one of the items on the agenda is a 15 minute item from Tim Day in Natural Resources about the current status of our plan to #OpenOurBeach access point in Perdido Key next to the Crab Trap.

This 330' parcel directly the Gulf of Mexico was purchased by the county 7 years ago for habitat protection and public beach access.

But special interests have fought us tooth and nail over the last several years as the county began the plans to finally open this site to the public.  They have fought us in court and as the county ran this project through the development review process.

The entire sordid history of this can be reviewed here

The backup for this Thursday's discussion is empty.  What I fear is that those who are opposed to opening this access, along with their acolytes, will attempt to "scare" the full BCC into paralysis on this project.  They will urge us to "wait" to build this access until "the court case is finalized." (this could be pushed out forever in an attempt to stymie the opening of this access to the public)

I am of the belief that we don't have to wait.  We have checked the boxes and we have done our planning.  We have a nice sketch of what we can build and we are ready to go.  So I asked our attorney about what it is that could potentially shut us down, and the conversation went a little something like this:

JEFF B:  "Absent a dispositive ruling from the circuit court (i.e if there is another judge rotation, or no action is taken, or the plaintiffs push this out with additional motions or requests for continuance-- and the case is just languishing there) -----is there anything preventing the county from moving ahead with construction of the improvements provided we follow the DRC process and settle/resolve any appeals from that process.  Or to put it another--- way: Is there anything in either of these processes that would prevent us from moving forward with construction of the improvements prior to the final dispositions of any appeals to the circuit court?"

ALISON R:  "At this time, there is no requirement that we stop.  Anything we do is at our own risk.  The DRC was last Wednesday and there is a 15-day window for a potentially aggrieved party to appeal that to the BOA.  They haven’t appealed it yet.  There is some concern about other parties (such as environmental groups) becoming interested in what is going on there, but that is speculative at this time.  They might be more interested in federal causes of action."

JEFF B:  "That is what I thought.  So, if we let the court process and other outside interested parties’ potential suits work their way out on one track, and we build the access on another track, ----- wouldn’t it take a judge’s ruling to force us to remove improvements once we had completed them and opened the access point?  Wouldn’t that be the only mechanism any aggrieved party would have at that point, once the access was built?"

ALISON R:  "Or an injunction prior to completion"

JEFF B:  "A hypothetical:  If we built it out and it was being used by the public prior to the final disposition of the case (s) in circuit court, and if after it was open the judge ruled in favor of the condo owners and against the county----------would the access park have to be shuttered pending an appeal or could the park remain open while the county’s appeal of the judge’s ruling went forward to the first DCA?"

ALISON R:  "I think most likely that would be true.  It is possible that some unexpected order or outcome could happen, but almost positive it would stay until final resolution."

  

  

Perdido Key Public Beach Access #4 Design and Application Going to Development Review This Week

The long and tortured saga of the effort to open a 330' county-owned parcel of  Gulf-Front property on Perdido Key will soon enter a new chapter;  final plans for this property will be submitted for the  County's Development Review  this week.

Nearby residents, condo owners in the area, and some Perdido Key special interests have fought against opening this parcel for various reasons.  And the primary reason is that the status quo of keeping this parcel locked to citizens that don't live nearby allows for the exclusive use of this property by locals that live in the area---while simultaneously keeping the taxpayers who PAID for this property in 2013 from accessing it!!

You can read all about the gnashing of teeth by the special interests that oppose this, and the comfortable status quo these special interests and nearby residents have enjoyed by using our publicly owned beach as their private beach for the last 6 years, here and here.

Beginning last year, however,  the BCC  moved forward with doing the planning  for opening up this beach  access facility for use by all of Escambia County's citizens.  This should have happened years ago;  Better late than never I guess........And yes, you guessed it, there is litigation in the courts from the special interests aimed at derailing the initiative to #OpenOurBeach.  Imagine that?  😏

Once complete and opened, however, this access will be larger than our current three access points, combined!

It will feature ADA accessible mats that allow citizens in wheelchairs to access the beach, it will have 37 parking spaces, it will provide desperately needed west Perdido Key emergency access to the gulf for lifeguards and first responders, and it will have built-in protections for sensitive habitat in the dunes portion and most sandy portions of the parcel.  (Something that up until now has not been provided for)

We now have the  final design drawings relevant portions of which are pictured below:

Highlights and required steps going forward:

• DRC approval--application to be submitted this week.
• Approval of the Management Plan by USFWS, final plan set is required as a part of the Service review process (concurrent with DRC process)
• Engineer’s Probable Cost to Construct – the consultant is developing the estimate now
• Funding source approved by the BCC
• Bid and Construct

Accessibility the Potential Casualty in the Fight Against Opening Beach Access #4 in Perdido Key

If those opposed to opening beach access #4 in Perdido are successful, a handicapped-accessible Escambia County-owned beach location would be one of the casualties.......

For those who have not followed the deliberate attempts to keep 300 feet of publicly-owned, prime Gulf-Front beach property inaccessible to the general public, you can read all about this ongoing, sordid spectacle here.

Several of us are working to open this beach, and we will #OpenOurBeach.  But there have been a few setbacks that have thrown us off of the timeline we were given by staff last year at this time.  

Most recently, it is a red herring, faux argument straw-man concocted to advance the fiction that opening this beach might "draw a lawsuit" for the county and leave vulnerable, protected wildlife species "unprotected."  This is total BS garbage, a smokescreen. 

You see,  there are these special interests, those with hidden agendas, and their bidders (primarily nearby condo owners who have a padlocked, "no-trespassing" private walkover to access our beach) who like the comfortable status-quo.  They don't want us to do what we said we would do (provide public access) when we purchased this property with taxpayer funds in 2013;  they like things just the way they are right now.  It is very, very comfortable for them as it now stands presently.

It goes a little something like this:  

"We can use this beach, we live here and we have access to it that you cannot use--our access point is Private--we don't want you here!"   See how that works?

And meanwhile, NOTHING is being done to protect the habitat and the dunes at this parcel.  A casual walk to this parcel from the nearby Crab Trap Restaurant will illustrate this in stark terms:   Litter, rubbish, used fire-rings and footprints all through the dune system that is supposed to be the protected habitat for the mouse.

As of today, sadly, Escambia County has failed to do either of the things it said it would do when it spent $ Millions on this property in 2013.  No protection for the habitat, no public beach access.

But thankfully, now we are finally seeing the forward progress that many of us have longed for and pushed for--because contrary to the fake news, false narratives proclaimed by some--- this was never political--it is and always has been about access to that beautiful beach.

So the project has now officially been socialized with The U.S. Fish and Wildlife Service, initial plans have been drawn up that indicate 36-37 parking spots with room for emergency vehicles to access and turn around if necessary, a location and infrastructure for a permanent restroom facility to be constructed in the future has been included--and most importantly--Handicapped, accessible "mobi-mats" will be utilized at this site to allow citizens with disabilities to access this beach.  This will be Escambia County's only handicapped-accessible, free- beach access point in Perdido Key once it is constructed!

The project is going to the County's Development Review Committee in December, and will be brought back before the board for funding (which we will make available from oil-spill proceeds I believe) in January if all goes according to plan according to conversations I have had with relevant staff members.

Because this is the right thing to do, opening this beach for all of us to use.   And no matter what anyone says--we will #OpenOurBeach !

37 Parking Spots in Latest Revised Conceptual Plan for Perdido Key Public Beach Access #4

The latest conceptual plan for our next public beach access in Perdido Key is shown above.  Highlights include ADA accessibility, Fire/EMS/Lifeguard accessibility, 37 parking spots, and 300' of Gulf Front Beach for the Public to enjoy!

The latest conceptual drawing for our newest public beach access point for Escambia citizens has been created and submitted to the natural resources department.  It contains 37 parking spaces and will provide access to first responders in the event that water rescues are needed.  The site  will also be developed in an environmentally friendly manner, allowing us to be good custodians of the resource, providing necessary habitat for several endangered species.

After speaking with staff about this project, it appears as if the month of November will be consumed with taking this plan through the county's Development Review Committee Process.  After that, according to staff, a development order could be issued sometime in mid to late December.  According to staff:

"The following are the key steps to initiate the project:

• Completion of approval process through Escambia County Development Review Committee
• Completion of permitting through Florida Department of Environmental Protection (CCCL permit)
• Completion of permitting through Florida Department of Transportation (Driveway permit)
• Receive probable cost to construct from the Engineer of Record
• Board of County Commissioners to provide a funding source for construction
• Resolution of any legal challenges
• Bid for construction
• Actual construction"

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."

......As Many as 44 Spaces

The latest DRAFT layout for Public Beach Access #4 indicated there is/was room for as many as 44 spaces--just as I mentioned in my Monday evening town hall.  Now that I mentioned that, a tremendous outpouring of curiosity and speculation has happened online so I am publishing what I saw three weeks ago, above, for all to see.  The latest DRAFT. 44 spaces!!

I requested an update on Beach Access #4 about 3-weeks back with Tim Day.  As we sat in my office he explained the reasons the timeline had slipped, and he also showed me the above diagram.  He explained that this was a draft, just preliminary.

But I was excited to see the figure of 44 parking spaces on the diagram I was shown at that time.  I did not request it, nor did I publish it at that time because I knew it was a draft document.

At my townhall Monday evening, I said the following about public beach access  "I'm not wanting to speak out of turn, but the diagram I have seen shows that we may get as many as 44 spaces in that access."  And we may get as many, according to the above document that I'll go ahead and post now that it is a subject that has drawn a lot of attention.

The reason I mentioned 44 spots is that there had been some noise put out that it would only be 13-15 spaces--which obviously is flat-out, 100% dead wrong propaganda.

The draft above shows we may, in fact, get "As many as 44 spots"--just as I said at the town hall meeting  😊.

(P.S. folks have also asked about the lawsuit from condo owners in the area that DO NOT WANT public access, and the impact that litigation is having on the timeline....

ANSWER:  The staff I have spoken with have indicated that litigation has ZERO impact on our timeline thus far, and going forward, unless we get an unfavorable ruling or an injunction that forces us to stop--which hasn't happened.  So we carry on, and keep moving forward!)

What is the TRUTH and the Latest Status on our Efforts to #OpenOurBeach?

There has been some “noise” out there about our continuing efforts at opening public beach access #4 at Perdido Key.  Typical nonsensical noise that is not grounded in reality with respect to an email that was put our last Thursday from the United States Fish and Wildlife Service.  So here come the realities….

And as it pertains to Kristi from USFW –the person who sent Thursday’s email--I spoke to her at length on Thursday afternoon and she confirmed what we all know--Escambia County CAN do both habitat conservation AND public access, so long as we follow an approved plan which I also confirmed Thursday, in writing, with Tim Day.

One person is inaccurately portraying this citizen-driven push to #OpenOurBeach as an either/or, binary choice (Mouse Conservation OR Public Access) which it is not.

Yes, the beach access at Perdido Key is moving forward--and for reasons that are unclear, this really, really, really irritates one person in particular. Tim (Day) is working it, an engineer has been hired and engaged to design it, and we have a pot of money from which to fund it, and I believe there will be 4 votes to finish it. And I reiterate--doing this is good for the mouse. What we have been doing, which is nothing, has not been good for the mouse.

Doing what we have been doing (nothing, just maintaining a comfortable status quo that only benefited nearby condo owners who used this publicly funded beach as their own "private beach") has been detrimental to the mice as no fencing prevents beach users from walking from the beach toward Perdido Key Drive, trampling all over the dunes, leaving trash and rubbish in their wake. The only fencing on the property is the fencing that kept you, the taxpayers who bought this property, from accessing this property with your cars. That's why we are going to #OpenOurBeach and have a big party on the beach this summer when we get it done!

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.