“I think we have a solution everybody will be happy with . . .”

Submitted by Deborah Lavery Powers
Staff Reporter
June 25, 2015 6:30 p.m.

Access 1
Beach Access #33 shown recently sodded and landscaped.

Citizens who have been deeply concerned about the palm trees and sod currently covering Beach Access #33 will be relieved to hear that City Manager Joe Gerrity told the Observer this afternoon, “I think we have a solution everybody will be happy with.”

What the solution will be has not yet been made public.

The background to this story was summed up by Eric Bartelt in an article he wrote about the June 16th Commission meeting:

“Next on [the City Manager’s] list was Beach Access 33, an unimproved access that exists next to a new house being built on S. Fletcher. Because the access is unimproved, meaning it has no walkover or other means for walking to the beach other than through the dunes, he decided to allow the owner of the house to donate palm trees and grass to beautify the access right of way. He said that landscaping would not prohibit anyone from using the access but that because there is no pathway or walkover, there was effectively no way for the public to actually get to the beach. He said the only way to get to the beach was to walk through the dune vegetation, which the Florida Dept. of Environmental Protection frowns upon. If in the future the City decides to build a walkover at that access, Gerrity said the City can still do that.”

Comments on Bartelt’s article (26 of them) may be seen by clicking here

access 2
In the above picture, Beach Access #33 stretches from just under the overhang on the home of Baxter Hayes, Jr., shown on the left, to the fence shown on the right.

The Board of Adjustments approved the roof edge extending over the Beach Access #33 property line.

Deb Powers Cropped 3 Editor’s Note: After a career in adult education, where writing, course design and development were her “beat,” Deborah now enjoys the world of freelancing, and volunteering. We thank Deborah for her many contributions.

32 Comments
Oldest
Newest Most Voted
Inline Feedbacks
View all comments

Richard Gray
Richard Gray (@guest_38719)
8 years ago

Anxiously awaiting the solution that satisfies everyone. Perhaps a nice six foot high fence along the property line separating the city property from the private residence?

Seriously, by the continuous landscaping, isn’t it obvious that this property owner wants to “claim” the land? The lame explanations of beautification do not pass the smell test. The city needs to distinctly and obviously delineate the city property from the private property and stop this land grab.

Medardo Monzon
Medardo Monzon(@mmonzon)
8 years ago

Ditto

Penny Landregan
Penny Landregan (@guest_38722)
8 years ago

Unless the property owner is going to water the grass along with his, I can see the grass dying soon and turning into brown weeds. Not a pretty sight. If I owned the house, I would not want residents and visitors traipsing past my windows on the way to the beach. Best solution is to run another fence along his property and get rid of the grass and palms. While it is beautiful to see, it won’t last. Make it a foot path like others along Fletcher.

Steve Crounse
Steve Crounse (@guest_38783)
8 years ago

Penny, the property owner has installed a sprinkler system that maintains the new lawn. Part of his underground utilities are on the right of way. His Phone and cable? Let see what Mr. Gerrity’s answer is,to this situation. As I see it we, the people have all the power. Bad situation for the Homeowner, when the boundary line is under the eaves of his Home. Especially when your talking about a $ million dollar Home. I’m sure they will be amicable to a reasonable fix to the public’s concerns. We will have a wonderful pocket park with the help of the City, the Volunteers, and the Owners of the new Home. See you at the next Commission meeting.

caroline adams
caroline adams (@guest_38945)
8 years ago

It appears that a good bit of work and expense has been done here and the vegetation is desirable, in my opinion. What about a bricked walkway curving through? Don’t forget an attractive trash bin and perhaps the owner of the dwelling could add an attractive foliage screen.

Zaine Remus
Zaine Remus (@guest_38724)
8 years ago

I agree completely with Richard and would add that the public beach accesses are one of the best parts of Fernandina Beach and one of the things that differentiates us from other areas. All the residents in the area should have access to the beach. We need to protect our public right of ways.

Marla Southwell
Marla Southwell (@guest_38726)
8 years ago

The beautification was obviously NOT intended for the public. In fact to call this Beautification is akin to calling the public ignorant. It is literally an extension of the homeowners lot with no delineation. If this land grab was not outed on social media, no one would have ever suspected this was a beach access. Quite simply this is robbing from the poor and giving to the rich! Shame on you!

Jason
Jason (@guest_38727)
8 years ago

Quick….show of hands from everyone that has ever used that beach access.

Chris French
Chris French (@guest_38768)
8 years ago
Reply to  Jason

Nancy Shores
Nancy Shores (@guest_38777)
8 years ago
Reply to  Chris French

✋ Yep! And by the way, it’s the PRINCIPLE of the matter! What next?!?

Marlene Chapman
Marlene Chapman(@crew2120)
8 years ago

Who, how often or if everyone uses access #33 , is not the issue! The issue is that we have a city manager who believes that because he is “allowed” to make certain decisions on his own, without consulting with the Commissioners or anyone else, that he DOES make those decisions without true thought or consideration of the people who love this island! Mr Gerrity once said in a commission meeting that he, “does not make quick decisions” thst he “takes time to think about things”. Well, in this case, he jumped on this request by this homeowner without even making him get a permit PRIOR to the plantings, sod and sprinkler system….a bit shady. Mr Gerrity thinks a pocket park or something similar would make everyone happy….why not ask everyone first? Why rush to this decision? It’s ashame that access #33 now “looks” as though it now belongs to the homeowner, so why would anyone think they could use it…..even just to put a chair and watch the ocean….just another bogus move by the CM….counting the days until October 2nd!!!!

Steve Crounse
Steve Crounse (@guest_38731)
8 years ago

Nice to see new names, Discussing public access #33 issues, means more people are watching what happens. So Jason, say you have a piece of property, say a couple acres out in the Country. You haven’t been out there for a couple months, never used it but plan to build a fishing camp some day, when you get the time and money. last weekend you drive out to the property and find someone has gone in and cleared the trees, and brought in a Camper and is fishing off your dock. How would you feel and do? Same thing, we’re talking about our/ your property at Public access #33 . Let’s wait and hear what Mr Gerrity has in mind. I was at the access today, I know the whole issue and I still felt like I was Trespassing as I walked the land. I’m sure this will come out to everyone’s satisfaction. I envision a Walk/Roll-Over to the Beach a Pocket Park with Benches and a couple handicapped Parking spots, by the road. This could be a special access for primarily local use. See you all at the next commission meeting. Give Mr. Gerrity room to work. OK?

Robert Warner
Robert Warner (@guest_38763)
8 years ago
Reply to  Steve Crounse

Like your comment. If not, see below.

Robert Warner
Robert Warner (@guest_38762)
8 years ago

“Adverse possession”…. Put up the fence.

Vince Cavallo
Vince Cavallo(@grandvin)
8 years ago
Reply to  Robert Warner

Unless the city manager was expressly authorized to give away city property, which I doubt he was, any agreement contractual or otherwise is not binding. However, if the City Commission does not act to distinguish this as City land, they will in effect acquiesce to this unauthorized deal. Later removing the trees or reclaiming the access may be legally impossible.

The Commission needs to take this on forthwith. Bob is correct IMO, it is an adverse possession. IMO it would be hard to overcome especially when the taking of the land is well known. Any agreement between the city manager and the land holder would have no standing as the agreement is not contractually binding as the City Manager did not have the authority to enter into it.

The City Manager’s heart may be in the right place, but history has shown his judgment is sometimes off the mark i.e. his support for the purchase of the water system some time ago at a super inflated price.

Joe Wise
Joe Wise (@guest_38769)
8 years ago

This should IMMEDIATELY be torn out to the property line and a proper walkway, etc. put in. Don’t tell me we don’t have the money. We sure seem to have enough to pay the lawyers for all the lawsuits we start and lose! Oh yeah, while we are at it, move the house off the beach access! Typical easements do not allow building right to the property line but require a buffer.

Robert Riegler
Robert Riegler (@guest_38771)
8 years ago

Who builds a house right between two Soviet Era condos? Had I not been on AI for the past four years and just arrived after this house was build I would never have known of #33 beach walkover. Make this walkover just like all the others using the same signage on Fletcher, same fence, same parking,etc. The homeowner must have know(or his lawyer should have researched and advised him) of the beach walkover#33 . Shame on anyone attempting to “land grab” public lands. No “deal” short of #33 looking like all the over beach walkovers is acceptable. “Solutions” strt with the proper research BEFORE permits are pulled…..that’s why we have the process People.

Regards,R

Vanessa Jones
Vanessa Jones (@guest_38778)
8 years ago

Unfortunately, a fence on the property line is most likely not going to happen since the Board of Adjustments allowed the roof line to extend over the Access property, which means a fence would practically butt up against the house. Odd since most building codes require building set backs between properties.
I am in total agreement with those who say that the public access points need to be preserved as they are a unique and wonderful part of the Fernandina Beach community.
Whatever Mr. Gerrity’s solution is, it needs to clearly delineate that this IS an access point and will remain an access point for public/community use.

Steve Crounse
Steve Crounse (@guest_38786)
8 years ago
Reply to  Vanessa Jones

I can’t imagine the board of adjustments, approving a situation where the eaves of a new home would be past the boundary line of another piece of property. Anyone’s property. That’s just not done.

Mrs. D Hunter
Mrs. D Hunter (@guest_38876)
8 years ago
Reply to  Steve Crounse

It appears the Board approved the lot line variance in a quid pro quo for the sod/irrigation/landscaping permit. IOW, if you let me build over the lot line, then I’ll pay to make it look like you didn’t.

This Mr. Hayes is the builder of this house in question, an interview he gave to the Independent says he used out of state subs to do the work. In that same interview, he said the out of state labor hopes “to secure licensing in Florida” in the future.

Did I read that right? Unlicensed labor? Best keep an eye on the labor pool he selects to erect the walkover, that structure will have high liability attached to it.

Steve Crounse
Steve Crounse (@guest_38905)
8 years ago
Reply to  Mrs. D Hunter

Just for clarification, who is on the Board of Adjustments and who appoints them? how long are their terms of office.

Mrs. D Hunter
Mrs. D Hunter (@guest_38942)
8 years ago
Reply to  Steve Crounse

http://www.fbfl.us/Directory.aspx?DID=87

I’ll check to see if this link works after the comment posts, if it doesn’t I’ll be back to copy/paste the answers to your question.

Mrs. D Hunter
Mrs. D Hunter (@guest_38943)
8 years ago
Reply to  Steve Crounse

Many [if not all?] of the City Boards are composed of citizen volunteers, it appears. Here are various Board vacancies to date, along with the application process for service.

http://www.fbfl.us/index.aspx?nid=392

T Shafer
T Shafer (@guest_38781)
8 years ago

Perhaps the CM should have been asked to leave immediately?

Margaret Tassey
Margaret Tassey(@mstasseygmail-com)
8 years ago

I note there were two permissions: one by the City Manager for the landscaping and one by the Board of Adjustments for the roofline to hang over the public access. So how close would that house be to the lot line? Could we put up a fence ? It looks like the homeowner would not be able to get a lawnmower between the house and the fence if we did.

The City Manager and various Boards are stewards of the public interest. But so often they are faced with a very real individual, with a real problem ( the house I want to build is to big for the lot) backed with promoters, builders, etc. with financial interests in the outcome. Versus us faceless masses who probably don’t even know there is an issue yet. By the time we do, the cement, sod, or tree is down. It should be MUCH tougher to get variances.

Dave Lott
Dave Lott(@dave-l)
8 years ago

The beach accesses are a vital and differentiating jewel for our community compared to other communities such as Ponte Vedra Beach where homeowners were “allowed” (by enforcement turning a blind eye) to erect fences and landscape the area to physically prevent others from using the access points. As Nassau County grows, access to the beaches will become more and more vital.
I have no problem with the homeowner volunteering to landscape the city’s property although I do agree that his intent was probably not totally altruistic but meant to look like he has a wider side yard than he actually does. Whether his intent was to discourage use of that access is one that only he can address. On the flip side of the coin, look at what has happened with the pocket parks off Centre Street where the private property owner has permitted the City to come in and create a nice resting spot.
Let’s see what the proposed solution is before judgment is made. One would think there could be a justification for the use of Park & Recreation impact fees for the construction of a cross-over at #33 since one does not currently exist. We must also remember that a number of the other access points are “unimproved” and could easily fall into this same type of situation.

Jorgan
Jorgan (@guest_38794)
8 years ago

Looks like the problem is resolved thanks to the gracious help of Baxter! Three cheers!

Mac Morriss
Mac Morriss(@macmorrisshotmail-com)
8 years ago

Well done Mr Hayes! Most citizens did not fault you for asking for what you did ask for and received from City Manager Gerrity. We were faulting City Manager Gerrity for completely removing Public Property that was being used and essentially making it off limits to the Public. 

Thank you for this magnanimous offer and gift to our community.

Vince Cavallo
Vince Cavallo(@grandvin)
8 years ago
Reply to  Mac Morriss

I agree with your eloquent note and observation.

Jerie
Jerie (@guest_38825)
8 years ago

So, just build a sidewalk there… how hard could it be to build a sidewalk in Fernandina…? Oh, yeah…!! Seriously, to label something as Beach Access #33 with no true access is truly weird.

Robert Warner
Robert Warner (@guest_38893)
8 years ago

Although talking about the state of his kitchen, Baxter made a small, but large point. “…There has been a screwup, and we can fix it….”. We all need more Baxter’s. We all need his attitude and pragmatic approach to problem solving – and concern for the many neighbors all around us. Support for those in our local government that do the hard work of making sense of our individual concerns might also help. Good Karma and a raised glass all around. Baxter, thanks for several things.

Margo Story
Margo Story (@guest_39036)
8 years ago

Thank you Mr. Hayes, I’ve driven by your beautiful house & you have done a great job esp w/ the beach access fiasco…wanna put in your bid for City Manager?!!