City officials complete beach access plan

By Jerry Urban
The Daily News

Published June 21, 2003

GALVESTON — The city’s planning department has completed a proposed comprehensive beach access plan for the city of Galveston.

And two aspects of the plan are apt to cause controversy.

The plan calls for the gradual closing of some beach near San Luis Pass to vehicular traffic as subdivisions develop in the area.

It also calls for allowing vehicular traffic on a half-mile strip of beach east of Stewart Beach. A 1,000-foot buffer would be established between the east end of the strip and the nearest condominiums on the beach.

Planning division staff will present the plan to the city’s planning commission on Tuesday.

Wendy O’Donohoe, the director of planning, said the public could comment on the plan during the commission meeting.

Commission members will review and if they wish can make recommendations to amend the plan. After commission approval, the plan will be submitted to city council for its consideration. Once approved by city council, the General Land Office will then consider final approval.

A copy of the plan is available on the city Web site.

O’Donohoe said her staff developed the plan in consultation and with guidance from the planning commission, the public and the land office.

O’Donohoe is hopeful that the land office will certify the plan by the spring of 2004.
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Planning commission OKs beach access plan

By Jerry Urban
The Daily News

Published June 25, 2003

GALVESTON — Galveston’s planning commission on Tuesday approved a long-awaited draft beach access plan that would over time close some beaches to vehicular traffic. The plan was sent on to the city council for consideration.

The commission’s approval came with a provision that the council reverse a proposal in the plan that would allow vehicular traffic on a half-mile strip of beach east of Stewart Beach.

Commissioner David Miller cast the lone dissenting vote. Nearly 100 people signed up to express their opinions to an over-capacity crowd at city hall.

The numbers of people speaking in support and those opposed to the just-released plan were not immediately available, but those favoring it seemed to outnumber the opponents by a narrow margin.

The proposal in the plan that drew the overwhelming number of comments pertained to the gradual closing of parts of the San Luis Pass area to vehicular traffic as development increases. ., a representative of the Recreational Fishing Alliance, called the plan “unfair” and said it would be contested in court if necessary.

Another opponent to closing beaches to vehicular traffic was William T. “Bill” Hand, president of the Bay Harbor Improvement Association.

“Bay Harbor residents are astonished and furious with what you have proposed,” said Hand. “You’re taking something away from us that we won’t get back. ... It’s a crying shame, you’re giving San Luis Pass away for money.”

However, most of the people in attendance spoke of the need to ban or limit vehicular traffic on area beaches. Pedestrian safety was cited as the primary reason. Control of litter, the prevention of erosion and the protection of flora and fauna were also mentioned.

“It is clearly evident that when you mix pedestrian beachgoers with beach traffic, the 4,000-pound vehicle will dominate the beach turf every time,” commissioner John Dreiss said in opening remarks.

“The plan achieves a fair balance between opposing interests,” said Sidney McClendon, with the West Galveston Island Property Owners’ Association. “By providing additional public access and public parking, the plan serves the broadest segment of the general public with the least interference with the legitimate interests of other members of the public.”

Among city council members in attendance was Johnny Smecca, who said residents who addressed the commission seemed to be split on the plan.

Smecca said he has to look “at how people and nature co-exist and how you manage those to make sure that Galveston continues to prosper.”

The council member added he was particularly concerned about the proposal in the plan to open the East Beach strip of beach to vehicular traffic. He said developers will provide enough public access to the beach without the need to open the strip of land to vehicles.

The city’s planning division put the proposal in the plan under the direction of the General Land Office. City planning director Wendy O’Donohoe said the GLO wanted the proposal in the plan to assure diversity of access with vehicles. The GLO must approve the plan after city council considers the final draft plan next month. The GLO will then send it back to council for adoption.

The controversial city initiative for paid parking along Seawall Boulevard is not part of the beach access plan. The draft beach access plan is the first overhaul of the city’s beach and dune regulations since they were conditionally certified in 1994. The city planning division, with the assistance of the public, the planning commission and the GLO, has been working on the plan for two years.
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State says it will reject beach access plan

By Jerry Urban
The Daily News

Published June 28, 2003

GALVESTON — The state’s General Land Office has told city officials that the draft beach access plan approved by the planning commission earlier this week likely will need revisions to meet state open beach laws.

The land office, which must certify the plan, essentially rejected it in correspondence sent on Thursday to city planning director Wendy O’Donohoe.

“In particular, the treatment of vehicular access to the beaches in the plan should be reviewed by the city before it submits the plan to the GLO,” wrote Bill Peacock, the GLO’s deputy commissioner for coastal resources.

“While it is often a desirable objective to reduce vehicular traffic on the beach, there are many instances where vehicular access is desirable.

“Fishermen, surfers, kayakers and families on outings all have a need to access the beach, and do not generally create the traffic or nuisance issues that many have cited as a reason for closing the public beaches to vehicles.”

On Tuesday, the planning commission approved the draft beach access plan that was two years in the making. The 6-1 approval to send the plan on to the city council for its consideration included the provision that alternatives be sought to a proposal in the plan to open vehicular traffic on a half-mile strip of beach just to the east of Stewart Beach.

O’Donohoe said that opening the strip of beach was put in the plan under the direction of the GLO, which has been working on the plan with the city’s planning staff and the planning commission.

“I think that (leaving intact the proposal to allow vehicular traffic on the strip of beach) would have made a significant difference,” said Peacock when asked later if the draft plan would have been acceptable with the proposal left as it specifically was in the plan.

Peacock also said he wishes the city would explore a “middle ground more.” He said that could include vehicular access with permits, seasonal restrictions and increased law enforcement presence.

John Dreiss, vice chairman of the planning commission, said he was disappointed that the draft plan isn’t acceptable to the land office. “I think that the plan we approved is both compliant and a diverse use plan,” he said.

Dreiss said most commissioners did not want vehicular traffic on the half-mile strip of beach. He emphasized that the intent of the planning commission’s vote and resolution was to send the plan on to the city council with the provision that acceptable access alternatives be sought to allowing vehicular traffic on the strip of beach.

O’Donohoe said she could not provide any timeline as to when the plan would be revised and made acceptable to the city and the land office.

She also said the revised plan would not go back to the planning commission, but be submitted directly to the city council for its consideration.

O’Donohoe said there was no need to return the plan to the commission because its action was in resolution format and the commission has already demonstrated the direction that the plan should take.

Asked what she thought of the GLO’s response to the plan, O’Donohoe said: “We appreciate the general land office’s suggestions and assistance. We all want a plan that complies with the open beach laws.”

Jerry Mohn, president of the West Galveston Island Property Owners Association, said the GLO response “was a shocker.” Mohn said beach access points designated in the plan were ample to meet open beach laws.

O’Donohoe, along with City Manager Steve Le-Blanc, Mayor Roger “Bo” Quiroga and City Attorney Susie Green, plan to meet with land office officials next week in Austin to discuss the beach access plan. In addition, at least some of the city officials will discuss with those officials the sale of the Flagship Hotel.

The planning division was going to present the draft plan to the council during it’s July 10 meeting. However, that presentation has been postponed

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Store owner named to planning commission

By Jerry Urban
The Daily News

Published July 26, 2003

GALVESTON — A retail-store owner has been appointed to Galveston’s planning commission.

Archie F. Panfilli Jr. takes a position made available by the departure of John Dreiss, who was one of the most vocal in the commission’s work on the controversial beach access plan.

Dreiss, who served most recently as vice chairman of the commission, had to step down because of term limitations, which are set at six years of service.

Panfilli, 58, is the owner of Ranch and Home Products at 45th Street and Broadway.

The city council on Thursday appointed Panfilli to the seven-member commission.

“I think Galveston needs more business people (on such commissions),” said Panfilli, who was born and reared on the island. “They need to hear the small business point of view.”

When asked his position on beach access issues, Panfilli said the state needs to find more funds to assist in beach replenishment.

At least at this time, Panfilli said he also favors keeping the San Luis Pass area open to vehicular traffic. However, he emphasized he is “open-minded” and will consider all sides of issues.

“My overall interest is: if in 20 years it’s going to hurt Galveston,” said Panfilli. “I take the long-range view.”

Dreiss said Friday that he would like to see the city council approve the beach access plan before the General Land Office considers it further. The planning commission contributed to and recently approved the plan.

However, GLO officials, subsequently and in informal communications with city officials, indicated they would reject the plan, in part because of a lack of vehicular access to the beaches.

City officials now say they will work with the GLO and work out any problems before formally submitting it to the city council.

Dreiss said the plan was adequate and conforms to the Open Beaches Act.

He added the GLO should make a formal response in legal terms that outline any objections to the plan.

The city council also recently appointed John Listowski to the planning commission. He replaced Robert Campos who moved to New Braunfels.

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Patterson: Can't please all on beach issue

By Carter Thompson
The Daily News

Published August 06, 2003

GALVESTON — Land Commissioner Jerry Patterson on Tuesday said both points of view regarding whether cars should be on beaches would be unhappy with any access plan his office would approve for Galveston.

He said his comments did not amount to a position statement on whether the city could restrict traffic on the last 3.2 miles of beach on the West End. Instead, with the number of people going to the state’s beach increasing and popular spots such as Galveston eroding, Patterson said everyone would have to give a little.

“No one is going to be very happy with the plan approved by the GLO, because I think both sides are going to have to give something up,” he said. “People who want unlimited vehicular access won’t get their way. People who want no vehicular access will not get way either.”

The West End proposal has proved to be the most controversial in the city’s plan, with open beach advocates fighting those who own land along the beach or want to see it developed. It is the last long stretch of beach on the island where cars can drive uninterrupted.

The plan, now being tweaked by the city, will dictate where the public can drive and park on the beach and where it must venture only on foot. The land office’s role will be to approve it or send it back to the city for more work.

Patterson met with open beach advocates on Monday in Kemah.

Former members of the city’s planning commission backed a plan to close beaches to vehicular traffic as adjacent areas developed.

Patterson said he would not accept that.

“Just to arbitrarily say ‘as development occurs we close the beach to vehicles,’ is not a position the land office under its current management can support,” he said.

But those on the other side of the issue would have to also bend, said the land commissioner. Although the ability to drive to the water’s edge was vital in some areas, it was not a right as some advocates argued, he said.

“I don’t support that statement,” Patterson said.

The planning commission earlier this year backed a plan that the land office responded that it would reject for its lack of vehicular access. City officials now say they will work with the land office and work out any problems before formally submitting it to the city council.

Private property owners and some city officials have argued that allowing cars to drive up and down the beach was dangerous to pedestrians and contributed to erosion.

Patterson said that in some areas, it may be prudent to create pedestrian-only beaches or lower the speed of traffic, either by enforcing existing laws or reducing the length of access areas. But he was not swayed to back a concrete link between development and access.

“The safety argument to me is a little bit of a red herring,” he said. “If your kids are running on the street, there’s a chance they will get hit. If your kids are running on beach with vehicular access, there’s a chance they will get hit. It’s an enforcement issue.

“If we want to be absolutely safe, we would take all cars off beach and make people wear life preservers before going to the water,” Patterson said.

The link between cars and erosion was also an enforcement issue, he said. Driving responsibly did not threaten the beach but cars trampling dunes and vegetation lines did cause erosion, he said.

 

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$50 million development planned for West End

By Jerry Urban
The Daily News

Published August 08, 2003

GALVESTON — Groundbreaking for Beachside Village, a residential and commercial development on the West End, is expected by mid-September.

Galveston’s planning commission on Tuesday approved the final plat for the 60-acre development, which includes lots for 155 homes.

Located south of FM 3005 between 8-Mile Road and 9-Mile Road, it’s the first development in Galveston in a so-called Traditional Neighborhood District to gain final-plat approval.

The homes and retail spaces will be designed to reflect traditional neighborhoods and historic areas of Galveston, said George Liberato, who is marketing the development with his wife, Rhondelle, through Beachside Village Realty. Liberato said tight building restrictions include a requirement that all the homes have the same type of roof.

The roofs will be unpainted metal and have a shiny tin look. The homes also must have white, wood picket fences.

The $50 million development will have parks, be pedestrian friendly and have a community pool.

Lot sizes vary, but Liberato said 40-by-90 lots will sell for $39,000, and 85-by-230 beachfront lots can be purchased for $265,000.

Several builders have signed on to construct the homes.

Bruce Reinhart, who, along with his wife, Debbie, is the developer, said the homes would range from $200,000 to $600,000 and be from approximately 1,000 square feet to 4,000 square feet.

Reinhart, an Austin resident with a home in Galveston, said 88 residential lots have been reserved. Of those, he said 50 percent are expected to be sold to permanent residents.

Only four of the 24 beachfront lots remain unreserved.

The project also will include commercial development on four acres. A fine dining restaurant, a grocery store and retail stores are expected; a wedding chapel is also planned.

The Reinharts previously developed the beachfront subdivisions Kahala Beach, Kahala Estates and Sands of Kahala, as well as Bridgeport on Teichman Point.

Also this week the planning commission approved the general-land-use plan for the Beachtown development on the East End.

The commission also approved the preliminary plat for development of the first 25 acres of the 125-acre project, which also is in a Traditional Neighborhood District. Construction could begin in six months.

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Patterson warns of ‘evolutionary specter’

By Nathan Smith
The Daily News

Published August 08, 2003

GALVESTON — Galveston could be on three islands within 50 years if erosion continues unchecked, Land Commissioner Jerry Patterson said during a speech before the city council Thursday.

“This is an evolutionary specter that we’re facing,” said Patterson, whose office oversees more than 20 million acres of state land. “Absent a response, in 50 years Galveston Island will be not one, but three islands.”

The problem, said Patterson, is serious beach erosion caused by severe weather, a trend that became an issue in the late 1990s when Tropical Storm Frances slammed into the upper coast. Today, Galveston County has one of the worst erosion rates on the Gulf Coast, he said.

“Since Tropical Storm Frances, we haven’t been very lucky, because we’ve lost a substantial amount of land along the beachfront,” Patterson said. “These catastrophic events have made what used to be a minor concern into a large problem.”

The commissioner compared the severity of the looming erosion problem to the historic hurricane of 1900.

“We’re facing the same amount of damage in modern dollar amounts over a longer period of time,” he said.

The erosion situation also further compounds another delicate issue Patterson’s office is grappling with – restricting vehicular traffic on beaches, a fight which sees open beach advocates opposing those who own beachfront property or want to see the land developed.

“No one has a constitutional right to drive on Texas beaches, but some beach land is inaccessible unless you drive on to it,” Patterson said.

“This is a situation where everyone is going to have to give something up,” he said. “It’s not something that everyone is going to be happy with.”

To solve the problems facing the coast, communities would have to convince the rest of the state that Texas’ beaches were a resource not only for the cities and towns dotting the Gulf, but for everyone, Patterson said.

The state would need to invest in coastal communities much as it invests in the economic production of the inner cities of Houston and Dallas.

“The Texas coast is an asset for everybody,” said Patterson. “We need to look at this asset as something that needs occasional investment.

“We have to convince folks that if you can do it for a stadium, you can do it for the Texas coast,” he said.

In an effort to combat erosion, Patterson announced the formation of a new group called Coastal Texas 2020, an organization dedicated to petitioning the state government for investment in Texas’ oceanfront areas.

“This is not just about beachfront property owners,” said Patterson. “We’re doing it for the tax base, the infrastructure and the community of Galveston.”

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TOBA sponsors fishing tourney

From staff reports
The Daily News

Published August 22, 2003

GALVESTON — Texas Open Beaches Advocates will hold a fishing tournament Saturday to raise funds in its efforts to ensure beach access along the Gulf Coast.

The fishing tournament will begin at 5 a.m. The official weigh-in will end at 5 p.m. at the Bayshore Park Pavilion in Bacliff at 5437 West Bayshore Drive.

A barbecue will be held at 4 p.m. in conjunction with the fishing tournament. A raffle and auction will be held to raise money.

“We are raising funds in anticipation of possible court actions to ensure that the Texas Open Beaches Act is enforced on Galveston Island,” said TOBA President Tim Lopas. “TOBA’s mission is to see that fair, diversified access is available to all Texans.”

The city of Galveston and the General Land Office are currently working on a beach access plan for the city. For more information on the fund-raiser and other information, contact Lorraine Brown at (409) 737-5524, or visit the TOBA Web Site at www.texasopenbeaches.org.
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Park board expecting budget deficit

By Jerry Urban
The Daily News

Published September 19, 2003

GALVESTON — The Galveston Park Board of Trustees is expecting to end the fiscal year $500,000 to $600,000 in the red.

Gil Langley, president and CEO of the park board, emphasized the deficit during a Thursday meeting of the trustees, who continue to work on the proposed budget for the fiscal year that begins Oct. 1.

The deficit spending this current fiscal year set the stage for what Langley described as a “lean operating budget” for the next fiscal year.

The deficit spending in the ongoing current year, Langley said, was primarily due to additional beach cleaning costs attributed to storms and some $400,000 in advertising and marketing for the new convention center.

He said the deficit spending was mostly planned and adopted in the budget for the current fiscal year.

Langley, however, wants to avoid deficit spending next fiscal year and at the same time maintain a similar level of service.

The money was taken from the board’s cash reserves, which are expected to be about $3 million at the end of the fiscal year, said Langley.

About two-thirds of the reserve funds are restricted by law to debt service and beach-related services.

The proposed $15.8 million budget calls for the elimination of three to six full-time park board staff positions, and more layoffs among part-time employees are possible. There are more than 50 full-time park board employees, meaning up to roughly 10 percent of the full-time work force could be laid off.

The proposed budget also includes scaling back beach cleanup on the West End, which contributes fewer dollars to the park board’s operations than do areas in front of the Seawall where hotel-motel taxes are generated.

The proposed budget includes two spending plans.

One spending plan, which Langley recommends, was presented about three weeks ago with the inclusion of net revenues of about $300,000 if the park board administers the proposed paid parking along the Seawall.

Langley has recommended the placement of those revenues in the budget even though the city has not determined what type of paid parking collection system will be used.

The city council also hasn’t yet agreed to authorize the park board to administer the funds.

Langley, however, says the anticipated revenues and expenses should be in the budget so the board can benefit from the revenues if paid parking moves ahead this fiscal year as expected.

At least a few of the council members have indicated informally that they would look favorably on the park board administering paid parking on the Seawall. A city committee also has recommended that the park board administer paid parking on the Seawall.

However, Langley, based on a request from park board members, prepared a second spending plan without the Seawall parking revenues and expenditures.

Though the end of the budget year is just ahead, board Chairman Gerry Del Prete said he wanted to hold another meeting to work on the budget.

That meeting has been scheduled for 2 p.m. Tuesday. The board is scheduled to adopt the budget on Sept. 30.

Board members Sheila Lidstone and Johnny Smecca expressed particular concern during Thursday’s meeting about reductions in services such as beach cleaning.

However, Lou Muller, the board’s executive vice president, indicated the reductions in service would not be severe; indeed, he said the public probably would not notice the difference.

The beach patrol will not get all it requested, but Maj. Vic Maceo, the director of the beach patrol, said he was satisfied with the proposed budget.

Langley said the beach patrol, which has a $1.23 million budget for the current fiscal year, will get about $75,000 more during the upcoming fiscal year without the parking revenues included. The beach patrol would get about $160,000 more with the parking revenues included in the budget.

The proposed budget, without or with the parking revenues, will allow the beach patrol to give raises to supervisors and senior lifeguards.

Maceo said $17,000 has been set aside in the proposed budget for the merit raises.

If parking revenues are included, Langley said, beaching cleaning would get approximately $140,000 more.

Langley said controversial measures in the proposed budget, again with or without the Seawall parking revenues, include eliminating about $35,000 in funding for local events such as Juneteenth and Cinco De Mayo festivities that do not generate hotel-motel taxes for the operation of the park board. Langley said another funding source is available for those events through the dedicated hotel-motel tax for arts and culture.

In addition, he has recommended the reduction of advertising for the new convention center by $100,000. More than $350,000 was budgeted this fiscal year to advertise the new convention center.

However, Langley said more staff time and direct sales dollars will be dedicated to the sale of meetings in the new convention center.

Langley also emphasized that he has recommended spending double the $125,000 budgeted this fiscal year for consumer advertising to encourage people to visit Galveston’s beaches and attractions.