Approval sketchy on new bayfront pier

As the post-opening final touches are applied, five years after the huge Bridge of Lions rehabilitation project began, Historic City News readers have asked about the new bayfront pier which was constructed to the north of the west entrance plaza — more questions than answers remain.

The original Bridge of Lions was built by the City of St. Augustine but is now owned by FDOT as part of State Highway A1A. As the bridge became more and more worn, it reached a point that it was declared unserviceable and unsafe.

Many in town, including those in office and city staff, felt that the bridge should be replaced. A small but determined group of individuals, who were intent on restoration of the existing bridge, opposed replacement of the structure and eventually had their way — the bridge was to be restored.

Two of the defining arguments in the reconstruction process have been accuracy and authenticity; to the extent that is possible under today’s codes for a commercial structure built in the 1920’s.

Now that the project is coming to completion, questions have been raised about a new structure that was built in addition to the reconstruction of the bridge.

Historic City News spoke with Jose Polo, P.E., with URS Construction Services, Inc. about the issue. Polo explained the relationships between the design and construction project teams including designer Reynolds, Smith & Hills, lead contractor Skanska USA, URS Construction Services, and several associated sub-contractors and sub-consultants.

Polo says the construction of the new pier, which they are calling an “events platform”, was part of the restoration of the bridge. Polo realized that although the bridge had to be restored, the events platform was new construction — and not a restoration of an existing pier.

When we spoke, Polo said he has an approval from the St. Johns Water Management District for the new construction; however, he had to get permission to release it. According to Polo, the Florida Department of Transportation ordered the new pier to be built.

The north seawall, to which the pier is attached, is owned by the Florida Department of Transportation — as is the roadway and plaza that approaches. However, the riverbed, upon which it is constructed, is owned by the City of St. Augustine.

Historic City News spoke with Mark Knight, Director of the Planning and Building Department with the City of St. Augustine. We sent Knight a photograph and asked him who ordered the pier built; since his office would have reviewed any such plans for other property owners along the Matanzas River.

“If my memory serves me correctly,” Knight replied, “the Commission took the position to have a new bridge — the last action before the FDOT announced that a reconstruction would be pursued.”

Knight wrote, “I recall having been sent a set of plans for comment — but the city position would have been to have a new bridge at that time.” Knight said that he did not recall plans for a new events platform; however, he indicated that the 1924 bridge plans “show a boat landing in that general location.”

We asked for clarification of the point, to which Knight responded, “The city did not order or pay to build the pier, to my knowledge.”

In addition to approval from the St. Johns Water Management District, other waterfront property owners have been required to obtain approval from the U.S. Army Corps of Engineers if their pier extended into navigable water; such as the Intracoastal Waterway. Last week the Army Corps office indicated that they could locate no such permit request.

Meanwhile, back at the City, we asked Mark Knight, “Wouldn’t a conservation zone permit be required to build any structure into that area?”

Knight responded, “In general, conservation zone development approval is required for structures in jurisdictional wetlands and waters; however, I am not aware of any FDOT project having to obtain such approval.”

We wanted to clarify whether FDOT was not required to obtain approval, or, if they simply did not seek approval — to which Knight replied, “In my office, we cannot recall conservation zone development approval being sought and granted.”

So, we are faced with a dilemma. Who owns the pier? It is built on City land, but, the City did not pay for it. The Florida Department of Transportation owns the seawall, but, not the bottom land. DOT apparently hired Skanska to build the pier, although there are no permits typically associated with that type of construction.

Who, then, will regulate who is allowed to use the platform, or, establish for what purposes? Will there be someone to approve weddings, or, ghost tours, or, specially narrated re-enactments of pirates walking the plank?

Although the City owns the land the pier is built on, former General Counsel for the Florida Department of Transportation, Geoff Dobson, believes the DOT would own the platform since they actually built it.

Another dilemma. Who bears the cost and responsibility to repair and maintain the pier? It is already covered in seagull droppings, baking in the sun and smelling to high heaven. Do City employees now have to add that to their list of cleaning responsibilities?

Not to mention the requirements of the Americans with Disabilities Act — there is a four-inch wooden barrier at the edge of the seawall that wheelchairs will find impassable and children could easily trip over as they run out onto the pier to watch porpoise playing in the bay. Will the State’s insurance carrier handle those injuries or does that fall to the City? In 2004, the City settled a lawsuit in the U.S. District Court calling for $650,000 to be spent on upgrading sidewalk access and parking for the disabled over the next seven years.

Perhaps someone will suggest the platform could be used for flying the flags now prohibited on the bridge?

Photo credits: © 2011 Historic City News staff photographer