Rotary Club of Perdido Key Steps up for Safety!

On Saturday morning the Rotary Club of Perdido Key stepped up for swimmer safety at Perdido Key's Beach access #4.  This local club funded and installed an emergency flotation device and signage which can help average citizens to help rescue fellow citizens who might find themselves in distress out in the Gulf.

I was invited to participate and was heartened to see so many volunteers show up to not only install this flotation safety device, but to also clean up the beach as well with a blitz of litter collection by about 3-dozen citizens that came to assist.

According to Dan Sulger, from the Navarre Rotary Club, this same sort of safety system has already, successfully been deployed to 16 public beach access points in Navarre.

"Each one costs about $186.00 to install."  according to Sulger.

I think that is a great investment and we will soon be adding these to the rest of our Perdido access points as well.

Channel 3 covered the event.

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."

 

Rip Currents, Water Rescues, and Perdido Key

Late last week we had a number of incidents out at Johnson's Beach/Perdido Key, where swimmers got caught in rip currents and needed to be rescued.  Ultimately, 4 helicopters landed out there and multiple persons, including two underage children, had to be transported to area hospitals.  As of this morning, I have not been able to ascertain their respective conditions and I am praying they all make full recoveries. I am told many bystanders stepped up to assist and were instrumental in making lifesaving, heroic actions to assist those stuck in the rip currents.  God Bless them and all the first responders that jumped into action that day!

I have subsequently spoken to public safety to get a SITREP and what I learned was that all of these victims were from out of town, here visiting, likely staying at privately owned condominiums at the beach utilizing the private beaches of these condominiums and/or our access points.  I was initially told that Yellow Flags were flying--warning swimmers to use caution as conditions may be dangerous.  But several eye witnesses report that Red Flags were flying--signaling that dangerous conditions are present and swimming is not permitted.

So several take aways will hopefully come from this tragic event:  More awareness is necessary.  And swimmers must know that no lifeguards are present at the privately owned and managed condominiums and private beaches at Perdido Key--so far as I have seen and been told.  Interesting that most of these same condo complexes hire security and off duty deputies to ensure nobody trespasses on their private beaches---------- yet they have no lifeguards to patrol the beaches to keep their guests and residents safe?  Interesting.  I'll be asking the Perdido Key association about this to make sure I am not wrong--but thus far I have been told most--if not all--of the condos do not station lifeguards at their private beaches to protect their guests.  

But I digress.

We have never provided lifeguards at our very small footprint access points on Perdido Key--although we do have signage warning of dangerous rip currents.  With miles and miles of Federal, State, and privately owned beaches out there--we have a total of  a little over 500 feet of publicly accessible, county owned beaches for use.  So our (county) footprint is miniscule out there juxtaposed with the miles and miles of shorline controlled by others.  Nevertheless-- We will be adding signage explaining that no lifeguards are present and swimmers must "Swim at their own risk" at our access points in the weeks ahead.  We will also add additional flagpoles at each access point and will have our fire station's crew add the appropriate flag daily at our access points for visitor awareness.

These are tangible steps we will be taking going forward at our four small access points to improve safety--because ensuring public safety is our County's paramount duty.

The county already has an agreement with Johnson's Beach and the Federal Government whereby they pay for and we provide lifeguards after Memorial Day each year--but those personnel stay on the Federal Beaches and do not patrol other areas of Perdido Key--although they will respond to distress calls out there when necessary.

So this situation provides multiple opportunities for improved safety.  Perhaps it allows for us to work together with the privately owned condos to make the beach safer?  Perhaps?  Could it ever happen that we could fund lifeguards for everyone's safety in exchange for the public's seasonal use of some of the private  beaches where such lifeguards patrol?  Or-- could we station a lifeguard somewhere at one of our existing access points?

I'll be looking at multiple approaches, as well as how to fund such moves, in the weeks ahead.  Stay tuned.

Meanwhile--always remember to use caution when swimming in the Gulf.  Whether here in Perdido Key---or anywhere along the Gulf Coast.  When one chooses to enter the water--this is a decision and