BCC Looking to Acquire Beach Front

[John G]

Are you part of the solution or just a complainer?

I've offered my Solutions numerous times.

Enforcement by the very people we already have collecting checks!

Why won't TDC code enforcement take action? I've cited their pathetic excuse for a report in many posts. All they do is write warnings to tourists.

WCSO is too busy and short staffed to work the beach is their story.

If you think a good solution is to just throw money ( new positions ), at a problem, instead of looking at how an already existing arm of Enforcement is being managed, you probably also think that the Planning Department is a well run operation...

 

[Dave Rauschkolb]

I recently heard about and saw video of Dave Rauschkolb’s support of Walton Commissioner’s rush to purchase beachfront in Dune Allen in opposition to local homeowners and their attorney objections at the August 23, 2016 BCC meeting. Mr. Rauschkolb is a leading outspoken opponent against beachfront owners private property rights and supporter of taking of recognized private property rights of exclusive use beachfront MHWL property owners have today through customary-use. Mr. Rauschkolb lives in Watersound, developed by St. Joe, and is on the Association’s board. Watersound has private beach and beach access. Across the street from Dave on Bridge Ln. D.R. Horton is developing 31 acres of housing.

Many would like to know why Dave is opposed to the D.R. Horton homeowners using the Watersound/St. Joe beach access and beach? If Dave is against others from using Watersound beach access and beach. Seems Dave is all for beach access and parking if it's in someone else and not his neighborhood.

Mr. Reynolds,

For the record, I'm not on the Association board at Watersound and you may want to do some research; evidently all Saint Joe properties beaches are open to the public from the mean high tide water line to 75 feet in. I supplied you the supporting documentation below.

Also, all traditional neighborhood developments like Seaside, Rosemary Beach and Watersound have private beach access and Watersound is no different. I'm sure the DR Horton can negotiate with Saint Joe to get access through Watersound but I have no influence over that. I do know that if you rent your property through Saint Joe resorts you can obtain a beach club membership get access through to the beach club and the beaches. Evidently this is a recent development.

I have on many occasions publicly welcomed anyone who accesses the beach at Watersound either from the east public beach access or from deer Lake State Park. You'll find no private beach signs down there and it's a pleasant walk to a beautiful beach.

Customary use has nothing to do with beach access through private accesses but it has everything to do with the public's ability to access the dry sand from public beach access and use the beaches as has been the custom for centuries. Your characterization that I am an "opponent against beachfront owners private property rights and supporter of taking of recognized private property rights of exclusive use beachfront MHWL property owners" Is simply not true. Anyone can read the Tona Rama vs Daytona Beach and see that customary use is not a "taking" of private property but rather access and use of beachfront with no liability to the beachfront owners. There is plenty of supporting documentation on this online.

You are correct in that I am a vocal supporter of customary use but I have only one voice of many, many thousands to happen to agree with me. When the Commissioners acted by unanimous vote to investigate customary use for our beaches I, along with others applauded their action.
I personally believe that this customary use ordinance will not become the law of the sand based on the number and level of lawsuits that are expected and the complexity of the issue. I would be very surprised if this prevails but it will be decided in the courts in time.
One common thread I found among all residents is regarding the behavior of people on the beaches.

I met with beachfront homeowners to encourage the county to develop a beach ambassador program to improve the behavior on the beaches. After meeting with Governor Mike Huckabee and several beachfront homeowners I found this was the common complaint and I have contacted the Sheriffs department, the TDC, and the Commissioners to encourage this plan. There is a volunteer program that has been quite successful and the TDC has hired additional beach representatives; hopefully they will fully support this plan for our beaches. I have attached below the letter I send on July 24th.

Lastly, the notion that I wish to run for office in the new Town of South Walton is a lie. I have no intention of running. I am far too busy with my businesses and family. The only thing I will gain from the thousands of hours of work this past two years and over $20,000 in contributions is comprehensive, focused local representation through Incorporation. I am proud of the work our board has accomplished and the talented people I have had the privilege to work with. Our research is solid and clearly a new town is feasible and a distinct possibility. www.abettersouthwalton.org has all our research, the feasibility study and new charter. In a survey we took on the website over 90% of the respondents wanted to have the right to a vote on this issue. Hopefully next August we will have that choice.

I'm always happy to discuss and work on solutions to the betterment of South Walton any time.

Very best,

Dave Rauschkolb


Regarding Saint Joe properties:
Mr. Alan Ficarra who researched this discovered: On customary use.....As far back as 1995 both the state of Florida and St. Joe Co. understood the concept of customary use. In that settlement with the state of Florida, properties that St Joe kept for development has a restriction in the settlement that stated that all Gulf front property they were to develop would have a permanent public access easement allowing public pedestrian access laterally along the beach that is 75 feet landward of the mean high water line.



July 24, 2016

Dear Commissioners, Sheriff Adkinson and Mr. Tusa,

I would like to offer this suggestion for your consideration to help stem the escalation of issues affecting our beaches in South Walton. I know you are already working on this issue but I think we could create a plan that would improve the enforcement of beach activities to a much higher level.

I have been having a positive dialog with several beach front homeowners to get at the root of the beach issues and clearly we all agree the main seed that started this Customary Use storm was the lack of consistent and solid enforcement of the Beach Activities ordinance. I believe just hiring more staff is not the full answer to the problem.

In deference to the beachfront homeowners, I think we need to create a uniformed, trained beach patrol day and night to regulate behavior that happens on all of the Beaches of South Walton. This is a great opportunity to also educate the public on what is acceptable and what is not. The beachfront homeowners, locals and tourists need a system to get satisfaction that truly works. If I had a loud party happening behind my home late into the night and a load of garbage left behind I would be furious too. As a non-beach front owner I am appalled at the lack of regard I see for our beaches by some people.

Beyond the recent hirings our County really must find the funds to enhance and add to the current enforcement in place. We need an efficient and effective beach patrol day and night to police behavior and educate the public on the rights and wrongs of the beaches (including turtle rules). The patrols would deal with loud noise, people digging deep holes hindering the turtles, unruly behavior. They could be called Stewards or Ambassadors of our beaches. We train them to be public relations specialists as well to give advice and educate beach goers on proper beach etiquette and Beach Activities rules. Night shifts could be 6 to 12am and should be either be walking patrols or on 4 wheelers driving slowly. Day patrols could be in trucks but I would imagine 4 wheelers would be preferable.

You just break up South Walton Beaches minus the state parks into distinctly named and defined zones and Beach Ambassadors work shifts in each zone. Each zone has a separate phone number for Beachfront homeowners and anyone to call when there is an issue. The calls are routed not to the Sheriffs Department but to the actual people working the shifts so they may respond quickly. This creates a first line of defense and takes a tremendous amount of pressure off the Sheriffs Department. If things get out of hand in a given situation the Beach Ambassador team is the liaison with the Sheriffs department and calls them.

Much like the lifeguard teams these Beach Ambassadors are properly trained, uniformed representatives of our community. They would be proud teams charged with informing the public and regulating our beach activities. Certainly the people working the beaches would become known and appreciated for their work by homeowners, locals and guests of our beaches. This creates a host of job opportunities for our County as well. And further, these people would be great candidates for future employment with the Sheriffs Department after their service to our beaches.

Clearly the public relations element of them being ambassadors of information should qualify the funding for this program could come from the TDC.

I sincerely hope these suggestions are worthy of consideration. I am happy to work in any capacity to help.

Very best,



Dave Rauschkolb

 

[carson]

Dave, spot on with all of your points. I know we all have a great disdain for signs, however, if one comprehensive sign with an actual visual example of the customary use "boundaries" could be put into place at every beach access it would be a great start. I also think if we were to get creative that we could come up with an aesthetically pleasing marker of sorts that would identify the magic invisible boundary.

I don't think landmines are a viable option, bad for repeat business.

 

[FactorFiction]

While I fully support acquisition of more beach front to help with our density issues, I question paying almost $2 million more than appraised value.

Looks like another trend to get used to, County paying over market value for something they should have bought years ago....

I wonder how it will affect beachfront property taxes if the BCC is the one paying over market value?

 

[gailforce]

Will beachfront owners still pay private property tax? the same amount?

 

[Bob Hudson]

Will beachfront owners still pay private property tax? the same amount?

Yes

 

[Lucas Reynolds]

Your characterization that I am an "opponent against beachfront owners private property rights and supporter of taking of recognized private property rights of exclusive use beachfront MHWL property owners" Is simply not true. Anyone can read the Tona Rama vs Daytona Beach and see that customary use is not a "taking" of private property but rather access and use of beachfront with no liability to the beachfront owners. There is plenty of supporting documentation on this online.

Dave R, please site one reference in Tona-Rama that mentions Constitutional 5th Amendment “taking”. I couldn’t find one. My reference in this and most cases I refer to “taking of recognized private property rights” is not a reference to a formal judicial “taking”. That is a specific process whereby the Government pays fair market value for private property. What I mean is “taking” like a thief takes valuables from a victim. Because if owners didn’t have the right of exclusive enjoyment and use of their private property today what is the litigation all about except to take something valuable without paying for it?

I personally believe that this customary use ordinance will not become the law of the sand based on the number and level of lawsuits that are expected and the complexity of the issue. I would be very surprised if this prevails but it will be decided in the courts in time.

I agree custom cannot be legislated. Dave R. are you volunteering to be in the commissioners custom-committee? Wish I could be there. Regardless, I’m unclear what the point is since commissioners have already passed the ordinance! Commissioner Comander already stated she felt it was her right to walk on private property uninvited and without license now; and “if it took spending 40 MILLION to 50 MILLION in tax payer’s money - if we [commissioners] have to, then we have to!” Heck the whole 2017 budget was $130 MILLION. Fire, Aim, Ready!
https://walton.granicus.com/MediaPl...rttime=3615&stoptime=7297&autostart=0&embed=1

I met with beachfront homeowners to encourage the county to develop a beach ambassador program to improve the behavior on the beaches. After meeting with Governor Mike Huckabee and several beachfront homeowners I found this was the common complaint and I have contacted the Sheriffs department, the TDC, and the Commissioners to encourage this plan. There is a volunteer program that has been quite successful and the TDC has hired additional beach representatives; hopefully they will fully support this plan for our beaches. I have attached below the letter I send on July 24th.

Dave R, July 24, 2016 was a while ago. Did you send this to each of the Walton leadership in July? What was Their response? Nada, I’d guess. What was wrong with Gov Huckabee's Beach Share proposal back in April 2016? When did you meet with beachfront property owners and Gov Huckabee? Recently? Since the commissioners sign and customary-use ordinances? Is enforcement independent of custom claim on private property? Dave R, any answers? Second time asking you to clarify.

Are you suggesting to respect all property owner’s rights, like your property, and beach enforcement too? If so, I and I think many beach owners, can agree - for once. I think Beach Activities would need to be much better defined. Public use of private beach property would be licensed or permitted by the owner for, let’s say 50 sq ft of a 50 foot wide property or 25% of the of the private beach frontage, or some minority area. One towel or chair, 6 foot umbrella, and 4 cu ft storage container per person. No sand pits, only headsets or earphones, no alcohol, no animals, no trash, no vehicles except in an emergency. Between one hour after sun rise and one hour before sunset. If Walton enforcement does not meet certain metrics or standards of enforcement, then the owner can revoke their public use license.

If you are suggesting increased enforcement if owners permanently give away their rights or commissioners take the Constitutional property rights owners have today; that’s an issue. That’s THE issue. Given the Sheriff’s and commissioners lack of leadership and enforcement; what have commissioners suggested other than legislation and litigation(?), very few property owners would trust them not to selectively or effectively enforce any public beach rules, like today, and it will take extraordinary effort over years to prove to owners that commissioners will represent all citizens and do the job needed to gain owner’s trust. Until then very few property owners would risk their losing the property rights they have today. Hope is not a plan - or leadership.

Here’s an idea I heard from a military guy I think is brilliant. Military concept of “constant stare”. Like the casinos have but on a larger scale. Have 360 deg day/night IR cameras every half mile (52 locations) or whatever it takes to cover the 26 miles on 50 foot or however high towers on the right of way or public accesses that fed video back to a command post monitored and recorded 24/7/365 by one or two people with software to ID dogs, people too far out in the water, sand pits, fireworks, turtles, outline public and private property boundaries, etc. A faction of the employees needed to do the same job, keeps Walton vehicles and tire tracks off private property, and on the road for quicker response. Provide public wifi service for a fee to help pay for it. Put the video on the internet like SoWal Seagrove Cam Live Webcam - Seagrove Beach SkyCam | SoWal.com. For much less than a tax payer paid customary-use lawsuit (Multi-Million$?) or an army of code enforcement (at what $40K with benefits a year each?) you could have “constant stare”.

If you are talking about respecting private property rights, redefining and educating how the public and private owners respect each other, enforce it with measurable standards; and hold commissioner accountable, we may make some progress. Commissioners shouldn't risk tax payers million$ in litigation and maybe get nothing in return except empowered, angry, property owners. I’m glad you didn’t proclaim "This sand is your sand, this sand is my sand" again, because regardless of the outcome legally it is always property owner’s sand/property. I know many property owners would be willing to help commissioners understand the property owners concerns and seek solutions, if commissioners would only ask and listen.

Mr. Alan Ficarra who researched this discovered: On customary use.....As far back as 1995 both the state of Florida and St. Joe Co. understood the concept of customary use. In that settlement with the state of Florida, properties that St Joe kept for development has a restriction in the settlement that stated that all Gulf front property they were to develop would have a permanent public access easement allowing public pedestrian access laterally along the beach that is 75 feet landward of the mean high water line.

Dave R. that’s kind of vague. You have any facts or references that we can see for ourselves too? Seems more like Dave R’s opinion about what St Joe did or did not understand and is meaningless without supporting facts. What settlement? If you want to purchase beachfront at fair market value, you can allow the public 75 ft landward of the MHWL on your beach like St Joe too.

 

[Lucas Reynolds]

Your characterization that I am an "opponent against beachfront owners private property rights and supporter of taking of recognized private property rights of exclusive use beachfront MHWL property owners" Is simply not true. Anyone can read the Tona Rama vs Daytona Beach and see that customary use is not a "taking" of private property but rather access and use of beachfront with no liability to the beachfront owners. There is plenty of supporting documentation on this online.

Dave R, please site one reference in Tona-Rama that mentions Constitutional 5th Amendment “taking”. I couldn’t find it. My reference in this and most cases I refer to “taking of recognized private property rights” is not a reference to a formal judicial “taking”. That is a specific process whereby the Government pays fair market value for private property. What I mean is “taking” like a thief takes valuables from a victim. Because if owners didn’t have the right of exclusive enjoyment and use of their private property today what is the litigation all about except to take something valuable without paying for it?

I personally believe that this customary use ordinance will not become the law of the sand based on the number and level of lawsuits that are expected and the complexity of the issue. I would be very surprised if this prevails but it will be decided in the courts in time.

I agree custom cannot be legislated. Dave R. are you volunteering to be in the commissioners custom-committee? Wish I could be there. Regardless, I’m unclear what the point is since commissioners have already passed the ordinance! Commissioner Comander already stated she felt it was her right to walk on private property uninvited and without license now; and “if it took spending 40 MILLION to 50 MILLION in tax payer’s money - if we [commissioners] have to, then we have to!” Heck the whole 2017 budget was $130 MILLION. Fire, Aim, Ready!
https://walton.granicus.com/MediaPl...rttime=3615&stoptime=7297&autostart=0&embed=1

I met with beachfront homeowners to encourage the county to develop a beach ambassador program to improve the behavior on the beaches. After meeting with Governor Mike Huckabee and several beachfront homeowners I found this was the common complaint and I have contacted the Sheriffs department, the TDC, and the Commissioners to encourage this plan. There is a volunteer program that has been quite successful and the TDC has hired additional beach representatives; hopefully they will fully support this plan for our beaches. I have attached below the letter I send on July 24th.

Dave R, July 24, 2016 was a while ago. Did you send this to each of the Walton leadership in July? What was Their response? Nada, I’d guess. What was wrong with Gov Huckabee's Beach Share proposal back in April 2016? When did you meet with beachfront property owners and Gov Huckabee? Recently? Since the commissioners sign and customary-use ordinances? Is enforcement independent of custom claim on private property? Dave R, any answers? Second time asking you to clarify.

Are you suggesting to respect all property owner’s rights, like your property, and beach enforcement too? If so, I and I think many beach owners, can agree - for once. I think Beach Activities would need to be much better defined. Public use of private beach property would be licensed or permitted by the owner for, let’s say 50 sq ft of a 50 foot wide property or 25% of the of the private beach frontage, or some minority area. One towel or chair, 6 foot umbrella, and 4 cu ft storage container per person. No sand pits, only headsets or earphones, no alcohol, no animals, no trash, no vehicles except in an emergency. Between one hour after sun rise and one hour before sunset. If Walton enforcement does not meet certain metrics or standards of enforcement, then the owner can revoke their public use license.

If you are suggesting increased enforcement if owners permanently give away their rights or commissioners take the Constitutional property rights owners have today; that’s an issue. That’s THE issue. Given the Sheriff’s and commissioners lack of leadership and enforcement; what have commissioners suggested other than legislation and litigation(?), very few property owners would trust them not to selectively or effectively enforce any public beach rules, like today, and it will take extraordinary effort over years to prove to owners that commissioners will represent all citizens and do the job needed to gain owner’s trust. Until then very few property owners would risk their losing the property rights they have today. Hope is not a plan - or leadership.

Here’s an idea I heard from a military guy I think is brilliant. Military concept of “constant stare”. Like the casinos have but on a larger scale. Have 360 deg day/night IR cameras every half mile (52 locations) or whatever it takes to cover the 26 miles on 50 foot or however high towers on the right of way or public accesses that fed video back to a command post monitored and recorded 24/7/365 by one or two people with software to ID dogs, people too far out in the water, sand pits, fireworks, turtles, outline public and private property boundaries, etc. A faction of the employees needed to do the same job, keeps Walton vehicles and tire tracks off private property, and on the road for quicker response. Provide public wifi service for a fee to help pay for it. Put the video on the internet like SoWal Seagrove Cam Live Webcam - Seagrove Beach SkyCam | SoWal.com. For much less than a tax payer paid customary-use lawsuit (Multi-Million$?) or an army of code enforcement (at what $40K with benefits a year each?) you could have “constant stare”.

If you are talking about respecting private property rights, redefining and educating how the public and private owners respect each other, enforce it with measurable standards; and hold commissioner accountable, we may make some progress. Commissioners shouldn't risk tax payers million$ in litigation and maybe get nothing in return except empowered, angry, property owners. I’m glad you didn’t proclaim "This sand is your sand, this sand is my sand" again, because regardless of the outcome legally it is always property owner’s sand/property. I know many property owners would be willing to help commissioners understand the property owners concerns and seek solutions, if commissioners would only ask and listen.

Mr. Alan Ficarra who researched this discovered: On customary use.....As far back as 1995 both the state of Florida and St. Joe Co. understood the concept of customary use. In that settlement with the state of Florida, properties that St Joe kept for development has a restriction in the settlement that stated that all Gulf front property they were to develop would have a permanent public access easement allowing public pedestrian access laterally along the beach that is 75 feet landward of the mean high water line.

Dave R. that’s kind of vague. Do you have any facts or references that we can see for ourselves too? Seems more like Dave R’s opinion about what St Joe did or did not understand and is meaningless without supporting facts. What settlement? If you want to purchase beachfront at fair market value, you can allow the public 75 ft landward of the MHWL on your beach like St Joe too.

 

[Jenksy]

That video surveillance idea is horrible and I assume sarcastic?

 

[miznotebook]

The 1995 consent final judgment with the St. Joe Company (St. Joe Paper Company at that time) is found on the Walton County website. It is attached.