Hill Tide update: More questions arise while county, DEP try to work out some answers
Security cameras. Wrought iron fences. Security guards. These are things that many would expect from a gated community, but does anyone expect them when they’re walking on a public beach? If you have walked the length of the beach along Charlotte Harbor from the Port Boca Grande Lighthouse, you’ve probably come to expect all three.
We’ve been working on a story for months now, trying to figure out why Hill Tide Estates – the newest gated community at the southern tip of the island – has not only attempted to block off beach access, but to post guards along the beach to tell people not to “trespass” on “private property.”
There is more than one question that needs to be answered … and the wheels of local and state government are spinning very slowly to produce answers. Is this legal? Even if it is legal, why would a developer want to block off access to this small patch of beach after being explicitly told in a public meeting that people had been walking that beach for decades? And why block off an historic-use beach when the residents of Hill Tide have no clear path to walk down to that beach, anyway?
What we already know is that during the November, 2015 public meeting that was required to be held by the developers of Hill Tide Estates (Seagate Development Group, LLC and BCB Homes, Inc.) when they were still in the due diligence phase, the question was posed as to whether people would still be able to walk the beach around the Pass to the Charlotte Harbor side. Fort Myers Attorney Chuck Basinait, who represented both corporations, said, “We haven’t vetted that yet; it’s one of those questions I would love to be able to answer. I don’t know why we would want to cut off access. We will try to work it out. We don’t want to take it away from anyone.”
At some point between the due diligence stage and the point of completion of the development, that sentiment changed. People have reported being accosted on the beach by security guards who told them they were trespassing, even long before the fence was installed. There are “no trespassing” and “camera surveillance” signs posted as well.
The constitution of Florida states that private beach owners cannot stop people from walking along the sand from the water to the mean high tide water line. It is considered to be sovereign land in Florida and while it has been called into question many times in the last few years, the county and state government still seem to agree that this is true.
Not only is Lee County government involved in this investigation, the state’s Department of Environmental Protection is, too.
Also, it appears the tall fence the developers erected on the beach may be in the wrong place. According to Lee County, inspection on the fence failed.
Betsy Clayton, communications director for Lee County, confirmed the inspection failure and said that Hill Tide will have to “ensure the fence matches submitted plans” in the near future.
“The installation was found to be inconsistent with the site plan approval,” Clayton said.
We will keep you posted.
