By DOTTY NIST
Voting to hire an attorney for research on historical beach use data and other related investigations, county commissioners also took up a number of other beach-related issues at their April 12 regular meeting at the South Walton Annex.
Brought up by Walton County Attorney Mark Davis, the proposal regarding the attorney read: “Request Approval to Retain David Theriaque, Theriaque and Spain, Attorneys at Law, to represent the County to research, explore and analyze historical beach use data and determine the degree such historical data would or would not support a claim of customary use by Walton County; develop, or provide guidance in developing appropriate mechanisms to improve public access and use of Walton County beaches.”
After a motion to approve by District 1 Commissioner Bill Chapman and a second by District 2 Commissioner Cecilia Jones, there was public comment at the meeting for and against retaining the attorney.
Bob Brooke expressed concern about the terms of the engagement letter, among those that no limit was provided on total cost and nothing about duration of the services. Art Miller later echoed those concerns.
Hourly fees specified in the letter ranged from $150 per hour for junior attorneys’ services associated with the research and investigations, to $425 per hour for those provided by Theriaque himself.
In response to those comments, the officials later directed legal staff to provide them with monthly updates and invoices on fees assessed by Theriaque and his associates.
Speaking in opposition, Blue Mountain beachfront property owner Emmett Hildreth warned, “You’re inviting litigation…you’re going to wipe out the tax base.”
Hildreth noted that some property owners were proposing “beach share.” “Customary use is pure and unadulterated liberal socialism,” he asserted.
Bill Butela was one of a number of residents speaking in favor of retaining Theriaque, commenting that this is probably the most important issue facing the county.
“This issue is long overdue,” agreed Tom McGee, adding that it was time for the BCC to get “good advice.”
“I oppose the hiring because I don’t think it’s necessary,” Scott Bruns differed. “I believe in customary use,” he said, observing that customary use “doesn’t apply to all the accesses.” Bruns told the commissioners that it is not the county’s job to advocate for some citizens against others.
Amanda Schuette spoke in support of hiring the attorney but asked that he proceed quickly and use research on customary use assembled a number of years ago by Tom McGee.
Donna Johns suggested taking a look at how Okaloosa County had handled the same issue in the past.
Davis anticipated the results of Theriaque’s investigations being brought before the BCC within four to five months.
There was discussion that the past research done by McGee had been located and would be provided to Theriaque.
The previous motion to hire the attorney was approved unanimously.
Setting public hearing to amend Beach Activities Ordinance
A request to set a public hearing to consider proposed changes to the Walton County Beach Activities Ordinance also got some public comments. The proposed changes are aimed at addressing obstructions on the beach, including property marker signs and fences, along with items left on the beach by beachgoers.
“To me, this is even more important than hiring David Theriaque,” said Jim Bagby, former Walton County Tourist Development Council (TDC) director.
Bagby said beachfront property owners had indicated at workshops that they were inclined to not oppose such activities as the public walking or sunbathing on the beach, but that they were opposed to tents and vending on the beach.
While customary use may not apply to large sections of the beach, property owners may not oppose public use if these obstructions are not present, he commented. Bagby saw the ordinance as an opportunity to establish order and “bring us all back together on that beach.”
Hildreth suggested that the question is who has title to beachfront property. He told the commissioners that beachfront property owners have the right to put up signs, fences, and other items in a reasonable manner.
Attorney Will Dunaway advised the BCC to proceed carefully with the ordinance revisions because Walton County Circuit Judge David Green had previously ruled on signs and fences on the beach. He added that none of these items placed on the beach by property owners has blocked vehicles from traversing the beach.
In 2014 Judge Green had ruled that the Beach Activities Ordinance as written did not require the removal in the evening of a beachfront property owner’s signs and chains marking his property boundaries.
Richard Bryant brought up a safety issue, commenting that the obstructions can become missiles.
Suzanne Harris of Edgewater Beach Condominium commented that beachfront owners had marked their property according to procedures provided by the Walton County Sheriff’s Office (WCSO). These were procedures provided for property owners desiring to enforce trespass violations on their property to follow.
Harris objected that the WCSO was telling property owners one thing and the county was telling them another.
She discussed a situation with a homeless man spending the night on the beach south of Edgewater and attempts to resolve that situation with law enforcement.
Greg Good, a 25-year resident of the area, complained that some of the obstructions on the beach necessitate having to go into the gulf in order to traverse the beach.
A motion by Chapman to schedule the public hearing for May 10 carried unanimously.
Public beach access proposals, fishing program discussion
In other beach-related business at the meeting, Brian Kellenberger, TDC beach operations director, brought forward proposals for construction of two beach accesses, one at the end of Headland Avenue in Seagrove and one on Beachfront Trail in the Eastern Lake area.
Kellenberger explained that the proposals were part of an initiative with which the TDC had been tasked by the BCC in 2014 to identify locations for additional public beach accesses.
Kellenberger described the Headland Avenue project as the rebuilding of a neighborhood beach access that had previously been in existence at the location before it was destroyed due to impacts of Hurricane Dennis. The price tag was approximately $57,000, with the TDC to fund the construction.
Maunsel White, a Montgomery Street resident, countered that there had never been a beach access at the location unless beachgoers had been trespassing on his family’s adjacent property. He objected to the proposal.
Tim Wilbanks, who had just built a home to the west of the location, also objected, warning that it would exacerbate congestion. “There’s already a problem there,” he said. Wilbanks said beach accesses were already available 150 feet either way from the location.
Alice and Richard Butela both spoke in favor of constructing the access, with Richard pointing out that the walkover would have the advantage of being wide enough for bicycles.
“It accesses a public beach,” Butela added.
District 5 Commissioner Cindy Meadows commented on the number of homes being built and the need for people to have access to the public beach. She moved for approval, and County Commission Chair Sara Comander relinquished the gavel to second.
The motion failed in a 2-3 vote, with Chapman, District 3 Commissioner Bill Imfeld, and Jones voting no, resulting in a direction not to proceed with the Headland Avenue beach access.
Kellenberger presented two options for the other beach access, termed the Walton Dunes access, where the county has 2.5 acres of beachfront property available from the 2013 transfer of a U.S. government patent. The property is south of Beachfront Trail. Currently there is a vehicle access on the property that is used by TDC trucks picking up trash and by code and law enforcement and emergency vehicles.
The options were for a regional beach access with a dune walkover, restrooms, parking on both side of Beachfront Trail, and a pavilion—or what Kellenberger termed a “minimal” beach access with dune walkover and parking only on one side of Beachfront Trail.
As a beach access on the property was publicly discussed in recent years, much neighborhood opposition surfaced with regard to the possibility of putting parking for the access along Beachfront Trail. Concerns on the matter continued to be expressed at the April 12 meeting.
A Beachfront Trail resident warned of a dangerous traffic situation on the roadway if the parking were approved, with many pedestrians using the road.
“It really should be a regional beach access,” Richard Butela told the commissioners.
“This is county land, county beach,” agreed Dave Rauschkolb.
A motion to approve the minimal access plan for the property, with parking on only one side of Beachfront Trail, was approved in a 4-1 vote, with Comander, who was in support of a regional beach access, voting no.
Regarding the decision, Meadows indicated that there was no reason why more could not be added to the access in the future, particularly if traffic circulation problems in the area were alleviated.
Among other TDC requests, the commissioners responded by taking no action on a proposal for participation in a fishing program on the Sportsman Channel in which south Walton County would be featured. After discussion, there was direction for more information to be brought back at the May 10 BCC regular meeting.
Property purchase offer
In other business, the commissioners discussed an offer by Peter Russell, the owner of a beachfront parcel on San Roy Road to sell the property for $3.2 million, $0.3 million less than his previous offer, with some conditions.
Staff received direction to get all the owner’s proposed conditions in writing and bring those back to the BCC.
In response to a question, Walton County Administrator Larry Jones said he believed there was still a stop work order in place on that property.
Comander suggested seeing what $3.2 million might buy for public beach access in other areas on the beach. There was discussion that the BCC had recently voted to proceed with an offer to purchase beachfront property in the same area for $600,000, with TDC funds to pay the cost.
Staff agreed to bring back a written version of the offer and conditions requested by the property owner.