Save Our Beaches

7/23/05 Destin Log, Letters to Editor

It is time to set the record straight on beach restoration and the private property rights issue. We are not against beach restoration, just against government taking or diluting our private property rights, which we purchased.

Early on some of the beachfront owners made the offer to pay for the restoration on their property as long as they would not relinquish the rights to their property. They were told by Department of Environmental Protection (DEP) they could pay for the restoration, but they would not retain their waterfront property.

It was at this time that Save Our Beaches, Inc. was organized to fight the taking of our private property rights that would result from the beach restoration. There are currently over 170 members of Save Our Beaches, Inc.

In light of the recent decision from the Supreme Court in Kelo v. City of New London, CT and the resulting loss of private property rights in this country, it seems people opposing the abuse of eminent domain would agree we need to keep government from taking our private property rights.

Neither actions from Save Our Beaches, Inc. nor lawsuits are causing any delay to repairing the beaches following Dennis. We are not impeding any emergency work that is needed. We are only protecting our private property described in our deeds and upon which we pay taxes.

A few people have voiced the opinion that had beach restoration already been conducted, Destin would have been spared the severe damage from Dennis. This simply is not true. Just look to Pensacola Beach where beach restoration was conducted prior to Ivan, to see beach restoration does not protect upland structures, or the beach. The beach restoration is gone in Panama City, which was 50 miles further east from the eye wall of Dennis than we were. DEP has said from the first public hearing in Destin, that beach restoration will not provide protection from a category 2, 3 or higher hurricane.

We are not really against beach restoration even though we have reservations about the cost and effectiveness, but we will not give up our waterfront property rights the government is trying to take from us without our permission or signature. Ask yourself how you would feel if this was being done to your property. We have been called selfish and greedy, but we are just American landowners standing up for our rights.

Linda Cherry

7/23/05 Destin Log, Letters to Editor

Dear Editor,

In a guest editorial, Chamber of Commerce CEO Shane Moody writes that the lawsuit brought by the 20 members of Save Our Beaches, Inc., through their greed, have cost others millions of dollars as well as the beaches... He goes on to say that their lawsuits will result in a loss of jobs, tax dollars and a significant part of our economy. He further states that “…the shameful acts of a few are costing us billions of dollars…” Mr. Moody’s comments strike me as a bit of a stretch if not a fabrication.

If Beach Restoration is supposed to protect upland structures at the beach, just look to our east at Panama City Beach and to our west at Navarre Beach and Pensacola Beach. Restoration did not provide protection there. Sand dunes are gone there and, just as in Destin, a lot of building foundations are exposed and some structures have been seriously damaged or destroyed.

Allow me a few corrections to Mr. Moody’s comments:

FIRST: We are over 170 members at Save Our Beaches, Inc., not twenty.

SECOND: Private beachfront owners (now Save Our Beaches, Inc. members) OFFERED TO PAY FOR THEIR BEACH RESTORATION when the issue first came up and were told they could pay for it, but not retain their waterfront property. Don’t accuse us now of costing anyone any money or jobs or tax dollars. What do proponents of Beach Restoration want? -- Beach protection (not realistic under a class 3 or 4 hurricane and even a lesser one), or our private beach? It is clear they want the latter.

THIRD: Would any sensible property owner be inclined to give up his or her private beach rights (and the intrinsic property value attached to it) and afterwards have to suffer through very expensive property and sand dune damage repairs to protect his or her building or home damaged by a storm, such as Ivan or Dennis, while he or she realizes that the whole premise (the real GREED, with socialistic and nefarious commercial ambitions) of “Beach Protection” via Beach Restoration is nothing but a hoax, as experienced by those unfortunate former private beachfront owners in Panama City Beach and other “restored” beaches? Why would anyone in his right mind be inclined to give up his or her rights and value when nothing will be gained in return when the big storm hits us again?

FOURTH: The solution is easy. Let’s do your Restoration if you feel so strong about protecting our beaches but allow us owners to keep our private waterfront property. We are willing to try that route. We’ll keep maintaining and repairing our buildings and sand dunes after a storm and feel that such burden and expense are an expected, dutiful, and consequential responsibility to fulfill as private beachfront owners.

Alberto J. de Jongh
14747 Highland Road
Baton Rouge, LA 70810
Owner: Beachfront Property-Destin, Florida

7/21/05

Dear Save Our Beaches Member,

Ready for a little good news?

We did not lose the Circuit Court case. Actually, the judge denied all motions for summary judgment.

The judge found that factual issues exist that must be resolved before he can rule on the issues. Thus, we are poised to go to trial in the case. We will keep you updated as we get more information.

7/18/05

Dear Save Our Beaches Member,

Emotions are running high as a result of the damage from Dennis. Don’t fall into the trap of thinking that had beach restoration occurred, your property would have been spared severe damage.

This simply is not true. Just look to Pensacola Beach and Navarre Beach with their beach restoration completed prior to Ivan, to know restoration does not protect upland structures. DEP has said from the first public hearing in Destin, that beach restoration will not provide protection in a category 2, 3 or higher hurricane.

It is evident that the City of Destin and the Chamber of Commerce are going to shamelessly use Dennis to further promote their desire for our waterfront property.

They are now going to pull out all the stops to obtain construction easements from the beach owners. PLEASE, if you feel the need to sign an easement, email or call me so we can discuss it.

We may be in the strongest position right now. We all know the City and the Chamber are much more concerned with obtaining our waterfront property and creating public beach, than protecting our property. If the city wants to promote beach restoration for protection, they need to look for a change in DEP policy where beach restoration can be conducted, but we retain our waterfront property. We are still waiting for the ruling by the Circuit Court from the hearing in May.

Now is not the time to give up. We have 174 members of Save Our Beaches, Inc. and working together, we can keep our waterfront property private.

Those of you who receive The Log know how biased their reporting has been. I encourage each of you to write a letter to the editor, Jim Wagner, speaking out in favor of our position and against the taking of our property rights.

Please call or email me with any question or concerns. If I am out of the office you may leave a message with Leslie Brown.

Linda Cherry, President
Save Our Beaches, Inc.
(850) 561-3600

7/11/05

Dear Save Our Beach Member,

It appears some owners in Crystal Beach have had severe damage from Hurricane Dennis. We sincerely hope your property was not among those with extensive damage. It is too early to do any assessment of the area.

Remember that DEP always has said beach restoration would offer no protection in a category 2 or 3 or higher hurricane. Don’t let anyone tell you that your property would have been protected if only beach restoration had been conducted. All we have to do is look to Pensacola Beach during Ivan in 2004 to know beach restoration does not protect beachfront property.

As expected, the Administrative Hearing Officer recommended that a Final Order be issued granting the permit for the restoration. We will file an exemption to the Recommended Order. It is interesting to note in the Administrative Hearing they acknowledged we would have to give up some private property rights without compensation.

The Judge has not yet ruled in our Circuit Court Case.

We will continue to stay in touch on these matters.

6/24/05

Dear Save Our Beaches Member,

We are extremely disappointed in the 5-4 decision by the U.S. Supreme Court that will allow local governments to seize people’s homes and businesses against their will for private development.

We direct you to the following website for more information: www.ij.org, click on: Supreme Court Rules Against Homeowners. This is the website for Institute For Justice, the Counsel for the homeowners. When you review this site you will appreciate how important the fight is for private property rights in this country.

We are still waiting to hear the outcome of our Circuit Court case. According to our attorney, yesterday’s Supreme Court decision will not affect our case. The Florida Supreme Court has ruled that under the Florida Constitution, private property can only be taken for economic development if it is blighted. Thus, Florida has interpreted its constitution in a stricter fashion than the U.S. Supreme Court just interrupted the U.S. Constitution.

Also, remember we are not arguing that beach restoration is not a public use. We are arguing that our riparian rights may not be taken without our consent or compensation.

4/15/05

Dear Save Our Beaches Member,

Here is the latest update, which includes a lot of information.

The best news we have to report is that Southeast Legal Foundation is back on board with us. As you may recall, they came in and successfully saved our property from the City of Destin in 1999. The City, through a local ordinance, was going to take our waterfront property allowing owners to keep only 25 feet of their own property. This established a record of the City’s desire to take our waterfront property by any means necessary. The beach restoration is their latest attempt to confiscate what is legally ours.

On March 31st, Skip Kamarek, an Atlanta attorney providing his services to SLF came to Destin to review our case. Within 8 days, we were notified by Shannon Goessling of SLF they would represent Save Our Beaches, Inc. Skip returned and met with our Tallahassee attorneys, local SOB members, our new local attorney Karen Ward, and an injunction was filed against the City of Destin. That’s a lot of ground covered in a very short time.

We were seeking an injunction to stop the beach scraping on properties not wanting it. The judge would not grant such, indicating there was no bodily injury at risk and we had legal remedies to seek damage from the City after the scraping.

The scraping has started and by the time you receive this email, most of Crystal Beach will be suffering from this action. We have notified DEP of what we believe is a violation of the scraping permit and asked for their inspection. Attached at the end of this email is an email that was sent to the City Manager and City Council members. Again, I feel it inconceivable that in this country, we cannot stop our private property from being damaged by going to DEP, the Destin City Council, nor the courts.

SLF is currently seeking permanent relief for us concerning our property rights and trespass enforcement by the sheriff. They will coordinate legal efforts and communicate with our Tallahassee law firm of Hopping, Green and Sams.

Our circuit court case, handled by Hopping, Green and Sams is scheduled for May 11th in Tallahassee. The Administrative Court case is scheduled to be heard June 7th and 8th.

There is a four segment approach underway by the city to take our property. First, through the beach restoration and establishment of the erosion control line. Second, the city ordering the sheriff not to provide protection to our property within 25 feet landward of the waterline. Third, the new city vendor ordinance that forbids vendors from setting up within 20 feet of the water line on private property. Fourth, scraping the beach and building berms on private property. We think the city is attempting to do this in order to make a case for customary use and confiscation of our property.

While SLF is assisting us for free on many fronts and will be providing an amicus brief on the circuit court case, we are still in dire need of funds. Last month a single check came in from one of our members covering the legal bill of almost $10,000. The current amount owed to our attorneys is $8830.49 and due by the 30th of this month.

Many of you have been very generous and I urge you to send in another contribution. A few of our members need to send in their first check to:

Save Our Beaches, Inc.
c/o Linda Cherry
227 N. Bronough St., #4100
Tallahassee, FL 32301

While our forefathers turn over in their graves, we are fighting for you and your property. This is America and good shall prevail! Don’t give up!

2/24/05

Dear Save Our Beaches Member:

The City of Destin continues to pursue taking our waterfront property for beach restoration even though the tide appears to be moving in our direction.

The City reports they have 25 returned easements, but doesn’t say how many have “No” are written on them. We seriously doubt there are more than a dozen properties that want the beach restoration in Crystal Beach.

A recent news article reports the City is going to personally contact owners. Please remember the City will do and say anything to get your waterfront property. If anything they do or say makes you want to sign a construction easement, please contact one of us by phone or email. We do not believe there is any legitimate information they could give you that would warrant you giving up your waterfront property. We would certainly like to hear of any new spins they might be placing on this project.

We are again providing the email that was sent when the construction easements were mailed by the City in December. We think it is worth your time to read this again.

While the Destin Log keeps promoting the beach restoration and need for it, a number of letters to the editor have been published showing our point of view promoting private property rights. We will post these letters on our website www.saveourbeaches.net.

Please call me with any questions or concerns you might have at (850) 561-3600.

Thanks!
Linda Cherry

P.S. The Administrative Hearing scheduled for February 21st was postponed until April or May, which is good for us.

Save Our Beaches, Inc.
3474 Scenic Highway 98
Destin, FL 32541

227 N. Bronough St., Suite 4100
Tallahassee, FL 32301

Email: beachfrontownersofdestin1@yahoo.com
Web: www.saveourbeaches.net

Dear Neighbor,

BEWARE! If and when you sign the beach restoration construction easement, there will be no turning back, no opportunity to change your mind. You will be giving up your property rights and you will be trading your waterfront beach property for public park front property. Everything said about the benefits of the beach restoration is conjecture with the two sides except this, which is an absolute - you will no longer own waterfront beach property.

DO YOU KNOW enough about the quality of the sand, the beach, the construction of the new beach and how it will affect your property to give the government a blank check for your property? If not, we urge you not to sign the construction easement.

ARE YOU CONVINCED beyond any shadow of a doubt that the additional sand will protect your property even though Department of Environmental Protection admitted in a Destin public hearing that the beach restoration will not offer any additional protection during a category 2 or higher hurricane? If not, we urge you not to sign the construction easement.

Destin City Commissioner Cyron Marler has said, “ Beach restoration is not going to protect anything right on the beach, but will protect the road and structures across the street.” Did the City ever tell you that you will be giving up your waterfront property to protect the road and structures across the street? If not, we urge you not to sign the construction easement.

ARE YOU ABSOLUTELY SURE your property is protected from vendors and other nuisances even though a single majority vote from Destin City Council can allow anything they deem appropriate on the new public beach? If not, we urge you not to sign the construction easement.

HOW WILL IT AFFECT your rental income when you are creating competition for your own rental property by providing beach to facilities currently having no beach property for the guests? Do you know how this beach restoration project will affect the value of your investment? How will it affect resale? If not, we urge you not to sign the construction easement.

IF you have any doubts about the beach restoration, please do not be persuaded to sign away your property rights by the proponent’s promises and fear tactics. Please call one of us if we can assist you in answering your questions on this matter.

Sincerely, Save Our Beaches, Inc. Linda Cherry (850) 561-3600 Judy Craparo (850) 835-0118

1/19/05

This email is from one of our members who lived on the beach from 1972 until she sold her home and The High Surf Motel a year ago. Our beautiful beach could have no better stewards than Judy and Richard Craparo. The loved, babied and protected the beach and had the best dunes and stand of sea oats in the area. We need to heed their warning.

Linda,
There is a very important thing that people need to understand about the beach. I learned it from living on the beach for about thirty years andpaying very close attention to it...daily!

Before there was a City of Destin, a beach raking machine, and any equipment down there whatsoever, the beach would repair itself pretty quickly after a hurricane. And, believe me, we saw plenty of them! The main reason that there was such a good crop of sea oats behind where we once lived is precisely because we NEVER allowed any raking, scraping, berms, etc there. Over the years it became more and more apparent that the attempts at "fixing the beach" were only doing harm and not allowing nature to do its thing. Everything that occurs naturally on the beach is there for a reason. For example, the seaweed not only feeds small sea life (that, in turn, feeds larger sea life...such as pompano) but it also does an unbelievable job in helping the beach rebuild. It stabilizes the sand and is an excellent fertilizer for sea oats and other coastal plant life. It did not take me long to realize that if you did not like the seaweed, you did not like the beach! Somehow, over the years it has gotten an undeserved reputation!

Another thing we learned to appreciate about that area of the beach is the fact that there is not a sharp drop-off where the water meets the shore. Instead, it slopes gently and remains shallow for a good distance. This is good because it cuts down on the erosion. I read an article on this and can not remember the exact figures, but for every inch that the drop-off between the shore and water is increased the erosion factor is increased significantly.

I could go on, but I know you may not have time to read a book right now:-) In summary, it was our experience that the best thing we could do for the beach was just to leave it alone...except for picking up (by hand) the occasional piece of litter. It's not too often that the BEST solution is not only the easiest, but also the least expensive!

Sincerely,
Judy

These photos of the City of Destin beach scraping/berm project were taken on 1/11/2005, shortly upon completion.

Some of the detail is lost. But you should still clearly be able to see the wastefulness of our valuable asset, the sand, as well as tax dollars. The scraping itself is environmentally damaging, but the berm placement is damaging as well. In many places this berm was dumped on growing and returning sea oats, which will now be suffocated and killed. You can plainly see this berm adds no protection and will probably be lost to the winter storms. There is also damage to the beach from the weight of repeated travel of the equipment on the beach.

Following is a description of the seven photos we have posted:

Looking east across James Lee Park; note the damage from vehicles:

Looking east at Destiny By The Sea:

Looking west from James Lee Park:

Home showing how storm surge will be pushed up the walkovers because of the berm placement:

Home showing no way to access the beach because of the berm placement:

Between the Townhomes at Crystal Beach and High Surf Motel:

In front of High Surf Motel, where a huge stand of protective sea oats are being killed due to the placement of the berm:

1/17/05

Dear Save Our Beaches Member,

URGENT! URGENT! URGENT!

The more we study the beach scraping/berm issue, the more we are convinced this action is damaging to our beach and our private property rights.

DEP will allow private property owners to opt out of the second scraping that will be permitted later this week.

YOU MUST LET DEP KNOW BY THIS WEDNESDAY THAT YOU DO NOT WANT THE SCRAPING ON YOUR PROPERTY.

Fax your note or letter to James Martinello at DEP (850) 488-5257. If it is not possible to fax a letter, email him at James.Martinello@dep.state.fl.us

Photos of the scraping/berm project will be posted on our web site – www.saveourbeaches.net

Please look at these photos, which will confirm this unnecessary action and waste of our valuable asset, the sand, as well as damage to our property.

Valerie Fernandez will be in Destin to meet with members of Save Our Beaches. This meeting will be held on Wednesday, January 19th at Linda Cherry’s house – 3484 Scenic Highway 98, just west of James Lee Park. Please park at James Lee Park and email back if you will be able to attend.

Thank you.

1/14/05

Dear Save Our Beaches Member,

As you know, the City of Destin simply refused to respect the decision of property owners not to take the scraping/berm on their property. The City is seeking and will be granted a second scraping.

We have taken the position that if the owners desire the scraping/berm they should be allowed to participate and by the same token, those not wanting it should be allowed to opt out.

There appears no logic to where this 5-foot dune was placed. In some areas it is too close in and in other places, too far out on the beach. We will try to post photos next week on the website: www.saveourbeaches.net. Unfortunately, in a number of places the berm was placed on returning sea oats. In some cases, the new berm is larger than what was there pre-Ivan. If that is the case, no more scraping/berms is necessary. This certainly appears to be the case in Destiny By The Sea and Destiny Shores.

We still believe the scraping is an environmentally dangerous procedure and should only be used when absolutely necessary. The permit appears to have been requested by the City under bogus terms anyway. The permit issued by DEP was an emergency action to protect structures at risk.

We must mention at this point that allowing this repair work on your property may give credence to the argument that the City repaired your beach and now they have a right to it.

Some of you have written the City asking the repair not be done on your property. DEP is working with us to allow those properties to opt out. Please let us know immediately if you do not want the second scraping/berm on your property.

You must fax a copy of the letter you sent Greg Keisla or draft another one asking that your property not be scraped immediately to: Jim Martinello at DEP Fax: (850) 488-5257

We are seeking every resource available to us to stop the scraping/berm on these properties not desiring it. Again, let us know immediately if you fall into that group. We only have a few days to stop it.

Thank you.

1/6/04

Dear Save Our Beaches Member,

You will be appalled when you read this email, but it only underscores how deceptive and dishonorable the City of Destin is in dealing with our property.

As you are aware, we attempted to stop the beach scraping on properties where owners did not want or need it. We feel it is an environmentally risky procedure at best. We also felt owners should have the scraping done only if they so desired. Initially, we did not desire to file an injunction, which would stop it for all properties as we told the City Manager Greg Keisla on Thursday, December 23rd. He told us he would look at allowing properties out and would contact Denny Jones on Monday, December 27th. He did not contact Denny on Monday, so Denny called him on Tuesday and was told the City felt it was within their legal rights to enter onto private properties and do the scraping on all private properties without owners permission or signature and would do so. (Basically, “To hell with the owners.”) We filed a challenge to the DEP permit allowing the scraping and sought help in stopping it on designated properties. At the end of this email is the challenge. As we approached New Years, it became more difficult to find people at DEP with whom to discuss our problem.

On Monday afternoon, January 3rd, Betsy Hewitt, Deputy General Counsel at DEP called and said she would assist us because the permit had been issued under the pretense of protecting buildings and if no buildings were at risk there should be no scraping.

We did not know the equipment was already scraping the Crystal Beach area until a neighbor reported they were near her house. At 4pm on Monday she advised them they were on private property. They told her they would return the next day with a deputy. At 7am on Tuesday, they cranked up their bulldozers and she went to the deputy with the various neighbors’ Power of Attorney. The deputy stopped the scraping and they left.

At 8:50am, Betsy Hewitt called Linda Cherry to say she had talked to Chuck Meister, the City Engineer and they would skip the houses where owners didn’t want beach scraping and scrape James Lee Park until the matter was settled.

At 10:05am, the neighbor who had stopped the scraping the day before reported they had started scraping again. Linda Cherry immediately called Mr. Meister and after being on hold for some time, finally spoke to him. He said he was going to the beach to tell them to stop scraping, but Linda told him he needed to call them as they would be done before he could get there. She asked that he call her back. At that point, she suspected he would not ask them to stop. At 10:15am, they were still scraping and another call made to Mr. Meister was not returned. It was evident nothing more could be done. DEP had been lied to by Mr. Meister and the City had no intention of skipping home sites, as they told DEP they would. We later learned they even ignored their legal counsel’s advice to do so.

This is how this City operates - with absolutely no regard for the private property owners. We have said from day one that the City will say and do anything to get our beach. They have total disregard for our private property rights as well as the owners.

Dear Save Our Beach Member,

YOUR ATTENTION IS NEEDED IMMEDIATELY AS THIS ACTION IS SCHEDULED TO TAKE PLACE THIS WEEK.

Everything seems to be hitting the fan just as we are preparing for Christmas and turning our attention to family, friends and end of the year business. We can’t help but think this is part of the City’s plan.

First, they mailed out construction easements for the beach restoration. We have received numerous calls indicating people are confusing this with the beach repair necessitated by Ivan. Again, we cannot help but think this is part of the City’s plan.

Now, the City appears to be railroading beach repair and we fear using this to get their foot in the door for the beach restoration project.

An email dated 12/16/204 from Lindey Chabot at the City of Destin says, “The dune restoration is to begin next week using a beach scraping technique. The first scraping will not add a lot of protection, but it will raise the primary dune elevation at least 1 foot. The City will apply for subsequent scrapings. Our final design is to construct protective dunes of approximately 5 feet. This project is an emergency protective measure to protect upland structures against wave action from upcoming winter storms. It is minimal protection, but very necessary.”

DEP was not going to allow scraping because of the environmental damage it can cause to the beach. A DEP official told us on 12/16/2004, “DEP caved and is allowing some scraping on a case by case basis.” The City of Destin has obtained a one-time permit from DEP to push sand from between the water and the wet sand line. DEP says once it is done they may allow additional scraping. The City wants to use this sand for berms. This means heavy equipment will be on your property causing further damage.

DEP SAYS THIS SCRAPING ONLY ACCELLERATES WHAT WILL HAPPEN NATURALLY.

We need to understand the City, Chamber, Management Companies and Tourism Industry does not have the same interest in our property. They want the beach restored immediately for the upcoming tourism season. As owners, we are more concerned about the long-term health of our beach. We still contend that if left alone our beach will rebuild itself.

If they are going to start this week, how can they possibly obtain permission from the property owners? Certainly, they would not do this without our permission, WOULD THEY?

If you do not want this berm repair and the possible damage to your property from the scraping, please contact the City immediately saying you do not want to participate in the scraping and berm repair project. DEP suggests we email or fax both. A sample letter is attached.

1) City Manager Greg Kisela
Email: gkisela@cityofdestin.com
Fax: (850) 650-9250

2) Chuck Meister
Email: cmeister@cityofdestin.com
Fax: (850) 837-9693

We recognize some dunes were badly damaged on some properties and may need this repair. Please be very careful in choosing to have this repair done by the government and weigh the pros and cons. The beach is a beautiful living organism with great potential to heal itself without man’s intervention. Scraping is a detrimental action and we are surprised DEP has made some exception to their policy.

Please check our website www.saveourbeaches.net for updates. If you need to reach me over the holidays, call (850) 422-1037. Beachfrontownersofdestin1@yahoo.com is checked throughout the day and you may leave a message, question or commit there and I will reply immediately.

Merry Christmas!

Linda Cherry
Save Our Beaches, Inc.

Dear Neighbor,

By now, you have probably received your construction easement from the City of Destin.

Do you know enough about the quality of the sand, the beach, the construction of the new beach and how it will affect your property to give the government a blank check for your property? If not, we urge you not to sign the construction easement.

Are you convinced beyond any shadow of a doubt that the additional sand will protect your property even though Department of Environmental Protection admitted in a Destin public hearing that the beach restoration will not offer any additional protection during a category 2 or higher hurricane? If not, we urge you not to sign the construction easement.

Are you absolutely sure your property is protected from vendors and other nuisances even though a single majority vote from Destin City Council can allow anything they deem appropriate on the new public beach? If not, we urge you not to sign the construction easement.

How will it affect your rental income when you are creating competition for your own rental property by providing beach to facilities currently having no beach property for the guests? Do you know how this beach restoration project will affect the value of your investment? How will it affect resale? If not, we urge you not to sign the construction easement.

If you have any doubts about the beach restoration, please do not be persuaded to sign away your property rights by the proponent’s promises and fear tactics. Please call one of us if we can assist you in answering your questions on this matter.

Sincerely,

Save Our Beaches, Inc. Linda Cherry (850) 561-3600 Judy Craparo (850) 835-0118

Don’t be hasty with beach repair

By Linda Cherry
Guest commentary

    Our beautiful white sand beaches in Destin are the envy of every other beach in Florida and we need to be vigilant in protecting them.

    Ivan may have taken some of our sand in a very short time, but there is no need to attempt to replace the sand in a similar time frame. We need to pass on the quick fix and take our time to investigate all options before deciding what is best in the long term for our beach.

    We are seeing that Walton County, as close to us as Miramar Beach, is adding tan sand to shore up areas eroded by Ivan. A headline in the St. Augustine Record on Oct. 6 reads, "After Ivan, Famously White Florida Beaches Getting Tan." A Destin Log article on the same date reports the cost of the darker sand to be $3 per yard, while white sand can cost up to four times as much.

    Aren’t our beautiful white beaches that give such pleasure to our residents and vacationers and thus add to the local economy not worth the additional cost? Instead of adding discolored sand to our beaches, why not use the sand at East Pass, which was to be used for the beach restoration next year that may not take place?

    Had the proposed beach restoration been completed, as originally planned before Ivan, that sand would now also be gone. So why not use it now instead of contaminating our beaches with tan sand?

    Unfortunately, with the movement of sand from east to west, we will no doubt see some of this tan sand on our beach in Destin. In 1995, the city of Destin adopted an ordinance to protect our white sand. This ordinance cannot stop the tan sand that may come from Walton County.

    As a matter of fact, some of us are beginning to think all this sand is not such a good idea. Just look at Okaloosa Island where 50-foot high dunes did not stop Ivan and actually took out sections of U.S. 98. How can the city say the proposed beach restoration project with 8-foot deep additions of sand will protect upland structures when 50-foot dunes could not protect U.S. 98? Many homes in Holiday Isle have sand within 2 feet of their ceilings.

    It has even been mentioned that sand should not be added to the beach but rather added to the second barrier in the Gulf. Breaks in the barrier are creating an environment conducive to beach erosion and creating an increasing number of rip currents.

    Of course, adding the sand to the second barrier might protect the beach but not create the additional 80-100 feet of beach the city of Destin wants to add as public beach through the proposed beach restoration project.

    The real issue here, now, is to stop any repair on the beach that is not of an emergency nature. We need to take our time to investigate all options to decide what is best for our beach in the long run.

    Don’t forget the beach has a great ability to repair itself. The good news is we appear to have lost no beach. The water line is as far south as it was prior to Ivan and the beach is accreting daily. Seaweed, which holds sand, is accumulating, and tidal pools are forming, which means the beach will be extended. Mother Nature will restore the full beauty of our beach if we allow her.

    We also recognize some properties, particularly rentals, have lost so much dune that a long drop-off has been created that must be repaired. Again, we urge all owners to study their options and choose what is best in the long term, not the short term. We think we will find visitors to our area receptive to our attempts to allow the beach to repair itself.

    Getting back to the color of the sand: Walton County may already be contaminating our sand, and nothing short of a lawsuit could stop it. In Destin, we must be committed to keeping our sand white and pristine.

    Even though we have a white sand ordinance, the sand used by FEMA to build berms in the summer of 2000 could not have met the criteria. It was slightly darker, and pieces of gravel, glass and concrete could be seen in it.

    In some areas, particularly at Destin’s James Lee Park, the beach now has discolored streaks, which we think are from the truckloads of sand that created the berms in 2000. The area to the west of the park is not discolored and no berms were built there in 2000.

    A Department of Environmental Protection staffer has told me they are concerned with the soil quality, but not necessarily the color. FEMA has even less concerns for quality and color. FEMA and the state may possibly pay for 87.5 percent of the cost, leaving Destin to pick up the remaining 12.5 percent. The city is going to have to be more than 12.5 percent of the decisionmaking or we will have the sand FEMA/DEP chose and not our perfect, white sand.

    Keep in mind that if the proposed beach restoration takes place, we may no longer have any say about the quality and color of the sand. Instead, it will be in the hands of the state and federal government.

    Strange things happen. Who would have ever thought our neighbor, Walton County, would be putting tan sand on these beautiful white beaches?

    Let’s not make the same mistake. Let’s take our time to decide what is best for our beaches in the long-term and forego the quick fix.

    Linda Cherry owns a beachfront home and has four rental properties in Destin’s Crystal Beach neighborhood.

Beach repairs to begin

By Dusty Ricketts
Staff writer

    The city of Destin has hired a contractor and now awaits approval from the Federal Emergency Management Agency to rebuild sand dunes that could help protect homeowners from a future storm.

    Inspectors from FEMA were in Destin last week to assess the beach conditions, City Manager Greg Kisela said.

    Sand collected from Gulf Shore Drive is being cleaned and sifted by Underground Inc., a Destin company owned by Mike Buckingham. The sand will be used to repair the dunes damaged in Hurricane Ivan.     However, Kisela said repairs cannot start until the city gets approval from FEMA. He said he expects that to occur this week, and the repair work would follow.

    Kisela said the city has recovered enough sand to build a berm 5 feet high and 5 feet deep along about a mile and a half of beach, but not enough to repair the dunes along all 6 miles of beach. FEMA will have to acquire sand for the remainder of the dunes.

    The size of the contract with Underground Inc. will depend on the amount of sand cleaned and used to repair the dunes. Kisela estimated it could be between $250,000 and $300,000.

    The city will get most of that money back, Kisela said. FEMA will reimburse the city for 90 percent of money spent repairing the dunes. The state will also repay the city an additional 5 percent, making the city’s total bill 5 percent of what it initially pays.

    Once the rebuilding starts, Kisela said it will take about four to six weeks to complete.

    In addition to the dunes that were damaged in the hurricane, Kisela said beaches also eroded and will need to be repaired.

    Kisela said bulldozers will probably be brought in to scrape extra sand that has accumulated along the water’s edge and put it back on the beach.

    "If you do that conservatively, it can be the best approach," Kisela said. "It’s one of those things where it sounds good and when you do it right, it works well. But it’s something you need to be careful about."

    The city is working with the state Department of Environmental Protection on the scraping, but no contracts have been awarded yet.

    The city is also working with FEMA and DEP on repairing the five beach walkovers in the city, but it could be several months before repairs are completed, Kisela said.

    Dusty Ricketts can be reached at (850) 654-8440 and at Dusty_Ricketts@link.freedom.com.