By Kate Kimmel
A disagreement over the meaning of a recent legal settlement erupted last Monday when Save Historic American Beach founder Mark Dawkins accused Nassau County commissioners of failing to honor an agreement requiring the county to add “American Beach” to its list of protected beachfront parking areas.
At issue is Paragraph 11 of the settlement agreement reached in September between the county and the nonprofit, which earlier this year sued to halt beach driving at American Beach over concerns including dune damage and deaths of sea turtles caused by vehicles. The clause requires the county to add the words “American Beach” to the “beachfront parking areas” section of its beach ordinance – a designation that limits commercial activity such as selling or renting items.
Dawkins said his organization understood the clause to mean American Beach, as a whole, would be added as a designated beachfront parking area similar to Peters Point, Scott Road and Burney Park. He said such a listing would prohibit the commercial shark fishing operation that has long operated on the beach.
But at last Monday’s Board of County Commissioners meeting, the county amended the ordinance only to add the grass parking area across from Evan’s Rendezvous to the list.
County Attorney Denise May told commissioners the change fulfilled the settlement’s requirement.
“It does indeed meet the actual letter of the settlement agreement in that it says American Beach,” May said. “The fact that it says slash Evan’s Rendezvous is irrelevant to meeting the definition of what was required under the settlement agreement.”
Dawkins sharply disagreed.
“American Beach is supposed to be added to the ordinance as a separate beachfront parking area like Scott Road, Peters Point and Burney Park,” he said. “Scott Road and Peters Point have on-beach driving and parking like American Beach, and so the county is not following the mediated settlement agreement if American Beach is not added as a separate area.”
The dispute surfaced when Dawkins stepped to the podium during public comment on the amendment and asked commissioners to clarify whether they were adding only the parking lot across from Evan’s Rendezvous or American Beach as a whole. He said he was speaking on behalf of residents who believed the settlement protected the beach from commercial shark fishing by placing it under the same ordinance as other parking areas.
May responded that beach access areas are defined as off-beach locations, not areas of the beach itself, and that the amendment was written only to include the county-owned parking lots.
“This is not consistent with the settlement agreement that we had with the county,” Dawkins replied.
County Manager Taco Pope then entered the exchange, saying the county’s discussions had always focused on treating the three parking lots near Evan’s Rendezvous the same way Burney Park is treated under the ordinance.
“I reject Mr. Dawkins’ statement that all of American Beach is supposed to be designated as a parking area,” Pope said.
Despite the back-and-forth – an unusually extended exchange during public comment – commissioners proceeded with the vote to amend the ordinance.
In follow-up interviews, May has maintained that the county fully met its obligations. Dawkins maintains the opposite, arguing the amendment falls short of what both sides agreed to in mediation.
kkimmel@nassaunewsline.net
