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HomeMy WebLinkAboutDocumentation_Regular_Tab 5C_10/12/1995 4.12:701. 4-, VILLAGE OF TEQUESTA Post Office Box 3273 • 357 Tequesta Drive fit / Tequesta,Florida 33469-0273 • (407)575-6200 ,� +�� Fax: (407)575-6203 RCN COUM�{ COUNTRY CLUB DRIVE TASK FORCE MEETING MINUTES AUGUST 22, 1995 I. CALL TO ORDER AND ROLL CALL The Country Club Drive Task Force of the Village of Tequesta held a regularly scheduled meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Tuesday, August 22, 1995. The meeting was called to order at 3 : 35 P.M. by Vice Chair Joan Marshall. Task Force members present were: Vice Chair Joan Marshall, Bill Treacy, Grace Klimas, Gene Robbins, Chuck Hartley, and Bill Clifton. Also in attendance were: Village Manager Bradford, Village Attorney John C. Randolph, and Village Clerk Joann Manganiello. Task Force member Steve Downey arrived at 3 : 54 P.M. II. APPROVAL OF AGENDA Motion.was made by Mr. Treacy to approve the agenda with the addition of a discussion of the next meeting added. The motion was seconded by Mr. Hartley, and unanimously carried. III. APPROVAL OF MINUTES (July 25, 1995) Motion was made by Mr. Treacy to approve the agenda. The motion was seconded by Mr. Robbins, and unanimously carried. IV. SUB COMMITTEE REPORTS A) The Business Subcommittee report was delayed since Mr. Clifton had not arrived. L. Recycled Paper Country Club Drive Task Force Meeting Minutes August 22, 1995 Page 2 B) Facts and Figures Sub-Committee Report was given by Vice Chair Joan Marshall in the absence of Gary Collins. Vice Chair Marshall reported that the committee had established that traffic continues to grow throughout the Village and the roadways would be over capacity within the next five years, and that traffic continues to build on Tequesta Drive from Martin County. Ms. Marshall explained that the Church Street extension had been removed from Palm Beach County' s Comprehensive Plan and therefore would probably never become four lanes; that Longshore Drive had been annexed into Jupiter based on the fact that it would never become a through ( road, and that the flyover to bring traffic out by Shoney' s was the only option left. The committee had been dealing with the current situation rather than with what plight happen in the future; that is, the Northfork Development has only one way out which would cause traffic to use Country Club Drive. C) Legal Implementation Sub-Committee Report was given by Gene Robbins, who' reported that he had learned Haverhill is in the unincorporated area of Palm Beach County, and that West Palm Beach had nothing to do with it. Mr. Robbins had followed up on the Bluffs and Atlantis with Attorney Amanda St. John whose law firm specializes in homeowners associations and condo associations, and had represented the Bluffs in 1987-88 when they had proposed closing the Bluffs to traffic under the Safe Neighborhood Act. When efforts to obtain State funding had fallen Country Club Drive Task Force Meeting Minutes August 22, 1995 Page 3 through, Bluffs residents lost interest in the project, and also the bridge had been an issue at that time. Mr. Robbins reported that the City of Atlantis had set up barriers on each of their three -=1_7_, 1:=-- roadways into the City in 1981 to dea serious crime problem, which was re the Safe Neighborhood Act was in existence sand had had some problems with the ACLU. When the Safe Neighborhood Act was passed, the City became a Safe Neighborhood District with the City Council as its Board. Two of the entrances are open from 6 A.M. to 12 midnight, and one is open 24 hours a day; all are manned by specialized security people who are paid $9 . 50/hr, for a total cost of $209, 000 this year. Mr. Robbins reported that the guards' purpose was not to prohibit anyone from entering the city and if a visitor chose not to provide information the guard would take their tag number, and notify the police department who would keep an eye on that vehicle and if they did anything suspicious would. then stop them. D) Bill Treacy reported that the Options Subcommittee had discussed the Turtle Creek area and that a second way out of Turtle Creek onto County Line Road would relieve traffic on Country Club Drive, however Turtle Creek had reported there was no place they could put a gated area. The Subcommittee had discussed the Connector Road, which would probably not be built since Commissioner Gettig was not interested. The Subcommittee had discussed gating Country Club Drive and also gating at the bridge with a toll booth placed after the bridge, to slow and remove traffic from Country Club Drive, with the funds used toward repair or replacement of the bridge Country Club Drive Task Force Meeting Minutes August 22, 1995 Page 4 when needed. This would also provide a means to control truck traffic. Vice Chair Marshall explained that at their last meeting the subcommittee had decided that the traffic level was unacceptable both now and in the future. A) Mr. Clifton reported that a sampling of Tequesta businesses and a few in Jupiter had yielded the following facts regarding the traffic situation: 10% had no knowledge of the situation; 45% had knowledge but little interest; 35% had knowledge and showed some concern but did not consider it a major factor; 10% had knowledge but no interest at all. Mr. Clifton' s conclusion was that most felt their customers would find them no matter what, and did not seem very concerned. Vice Chair Marshall reported the Chamber of Commerce had sent a letter to the town stating they. were against any closing of Country Club Drive. Ms. Marshall also pointed out that the increase in seasonal traffic came from Beach Road, Martin County, and Turtle Creek. V. REPORT FROM VILLAGE ATTORNEY A) Safe Neighborhood Crime Act/Discussions with Steve Mathison, Esquire, Regarding Steeplechase Subdivision. Village Attorney Randolph reported that in his June 8, 1995 opinion regarding closing Country Club Drive he had Country Club Drive Task Force Meeting Minutes August 22, 1995 Page 5 indicated that under the Safe Neighborhood Act that a Safe Neighborhood District could be created by Ordinance and would then allow steps to be undertaken to close the road based on studies, etc. Because of the limited alternative access ways available, it would be difficult to defend the complete closure of Country Club Drive because approval of DOT and an amendment to the Village' s Comprehensive plan would be needed. Village Attorney Randolph explained that he had contacted Attorney Mathison regarding his efforts at Steeplechase and closing Haverhill Road at that location; and had learned that the Safe Neighborhood Act had been used and that the process had taken approximately three years. That portion of Haverhill had to be removed from the County' s Thoroughfare Plan, and the Safe Neighborhood District had to be created. The situation was that the portion of ,Haverhill used to access Steeplechase was being used by persons going into PGA National and into other areas to the south, and there was not an absolute need to use that portion of Haverhill to access those other areas, since other reasonable accesses were available. Attorney Randolph stated that based upon his knowledge at this time, because of the distinctions that exist between Atlantis, Bluffs, Haverhill, etc. , that a complete closure of Country Club Drive might not be successful. Attorney Mathison had not represented a municipality, but had been retained by a group of private Steeplechase property owners who had circulated a petition within Steeplechase, and had petitioned the County to create a Safe Neighborhood District since the area was in an unincorporated area of the County. Palm Beach County had deeded the road right-of-way to Palm Beach Gardens, who then deeded the road right-of-way to the Safe Neighborhood District, which then closed the road. Attorney Randolph advised that there were other reasons for creating a Safe Neighborhood District other than road Country Club Drive Task Force - Meeting Minutes August 22, 1995 Page 6 closure, and could be created to establish other traffic regulations for Country Club Drive, and that there were engineers who specialized in analyzing problems (crime, traffic) within Safe Neighborhood Districts, and could be retained to formulate a plan to address the problem. The plan might include stop signs, roundabouts, cul-de-sacs, plantings, etc. Attorney Randolph suggested this as an option to be investigated, and cited the old Northwood District in West Palm Beach as an example of what might be done. The Village Attorney explained that Attorney Mathison' s involvement would not be for the Village, but would be for any private property owners interested in seeing this matter go forward. Attorney Randolph advised that there might be a problem with placing a traffic checkpoint on a public right of way, and that if a ( checkpoint was legally established that the practical side must be considered, i.e. , if it became public knowledge that a person could not legally be stopped, whether it would deter people from traveling that roadway. Discussion by the Board ensued. Truck traffic was discussed at length, and the Village Attorney advised that prohibiting all truck traffic on Country Club Drive could be an option for an engineer to consider, however, explained that the Village had been in litigation over that issue in the past when the no through truck traffic ordinance was first adopted, and the Village had only prevailed because permits were allowed to be given to those trucks which needed to use Country Club Drive because it was the only reasonable way to access their destination. The Village Attorney. explained that the permits were the cause of the truck traffic problem since trucks without permits were able to slip through the system, and enforcement became very difficult. A suggestion was made that the Police Department conduct a Country Club Drive Task Force Meeting Minutes August 22, 1995 Page 7 crackdown for a period of time on truck traffic, to do something about that problem immediately; and that time spent at this point in anticipation of how car traffic might change in the future with the completion of Abacoa would not be very productive since no one really knew what would happen. In response to a question by a task force member, the Village Manager explained the level of service concept and how a change in the level of service had been accomplished by the Village. Village Attorney Randolph summarized his report by stating he did not mean to imply that any of the alternatives could not be done, but was only reporting on the potential hurdles that might be involved. The Village Attorney pointed out that although it had taken Attorney Mathison three years to accomplish the closing of Haverhill Road through Steeplechase, that he had been successful. B) Feasibility of Establishment and Regulation of the Tequesta Drive Bridge as a Limited Access Facility (Toll Bridge) Village Attorney Randolph reported that Florida Statute 338. 01 was not the appropriate law to be used in this matter, but that Florida Statute 159 relating to revenue bonds could be used, whereby funds collected via a toll would be used to offset debt in the form of revenue bonds for bridge reconstruction. Village Attorney Randolph stated he would further research this matter. The Village Attorney pointed out that there could be no discrimination between Village residents and others--that everyone must pay the same toll; and that the feasibility of residents purchasing permits in advance could be studied. Village Manager Bradford stated that the bridge project was 10 to 15 years away, and that revenue bonds • Country Club Drive Task Force Meeting Minutes August 22, 1995 Page 8 could not be issued until the project was needed. Village Attorney Randolph advised that the underlying basis was that the streets were dedicated to the public and not just to the residents of the Village; therefore, the public must be treated the same as the residents in regard to the use of the roadways. In " response to a question regarding whether Country Club Drive could be privatized, the Village Attorney responded that it would first have to be abandoned which would require proof that it was no longer needed by the public. VI. Discussion of Options Relative to Traffic Concerns on Country Club Drive and throughout Tequesta and Determination of Legality of Same. The Village Attorney replied to the question of police and fire services in a Safe Neighborhood District that any services now provided by the Village would have to be contracted; Village Manager Bradford stated he believed only those services beyond those normally provided by the Village would have to be paid for by the property owners within the Safe Neighborhood District. The Village Attorney read from research regarding the establishment of the Safe Neighborhood District in Atlantis which stated that the municipal police department could not enforce uniform traffic patrol law on streets privatized by the district without a written agreement between the municipality and the parties controlling the streets which would provide reimbursement to the municipality for the actual costs of traffic control, enforcement, and liability insurance. Discussion ensued regarding possible lawsuit action against Martin County for withdrawal of the Connector Road from their Comprehensive Plan. Attorney Randolph advised that the Village had recourse only through their 1 Country Club Drive Task Force Meeting Minutes August 22, 1995 Page 9 standing in the Comprehensive Plan and their objection to a development when it was proposed, such as Section 28, for which the battle had already been lost. The other alternative suggested by the Village Attorney was a mandatory injunctive or declaratory' relief action, to force the building of the Connector Road, which would be a big battle because Tequesta would have to prove to the Court that there was no other relief available to the Village and irreparable harm would be caused. Village Manager Bradford stated the Village had laid the groundwork for legal action if the Village were harmed. Robert Shambelan, President of Turtle Creek Homeowners Association was asked what the position of Turtle Creek was concerning closing Country Club Drive. Mr. Shambelan responded that Country Club Drive was used for emergencies and that the Turtle Creek residents did most. of their shopping in Tequesta. Discussion ensued regarding closing Country Club Drive at the County Line. Task force member Downey cautioned against closing roads too late. Vice Chair Marshall advised Mr. Shambelan that the task force had only discussed the option that Turtle Creek should open their construction gate in the interest of being a good neighbor. Task force member Klimas stated that the task force should remember that the real problem was Section 28 and suggested contact be made to the MacArthur Foundation to request their support. Task force member Downey questioned the Village Attorney regarding whether it was feasible to close Country Club Road and whether the legal costs to do so would be prohibitive. The Village Attorney responded that it was. feasible, but he did not know what the legal costs might be, and would need to do further research. The Village Attorney advised that the Village Council would need to decide whether they wanted to initiate a Safe Neighborhood District for the purpose of traffic control Country Club Drive Task Force Meeting Minutes August 22, 1995 Page 10 or whether it should come from a group of interested citizens. VII. ANY OTHER MATTERS Vice Chair Marshall reported that the Task Force would have one more meeting, at which time a plan must be formalized to be presented to the Village Council. It was the consensus of the Task Force to hold the next meeting on September 26, 1995 at 7 : 00 P.M. so that more members could attend. Robert Shambelan indicated that he would check on Jupiter' s plan for roads, and would advise Commissioner Gettig of the discussions held by the task force, and ask her to keep fighting the Section 28 development. VIII. COMMUNICATION FROM CITIZENS Fred Linn of Martin County suggested a truck survey to determine whose trucks were using Country Club Drive, stated that gardening vehicles were not considered trucks under the current ordinance, commented that Country Club Drive was originally a County road and that the County required an 80- foot right of way, stated that Martin County was spending a lot of money fighting the ruling in the Section 28 lawsuit and was trying to keep master plans whole, and that MacArthur Foundation was funding the lawsuit. Mr. Linn expressed his opinion that the western corridor going to Shoney' s was the only one the County would approve, and that they would not approve a flyover. Mr. Linn suggested that the Village Council had set up the task force so that the task force could prove to themselves that there was no other way than what is now being done. Village Clerk Manganiello reported updates to the master document list. Country Club Drive Task Force Meeting Minutes August 22, 1995 Page 11 VII, ADJOURNMENT Bill Treacy moved that the meeting be adjourned. Gene Robbins seconded the motion, which unanimously carried. Therefore the meeting was adjourned 'at 5:40 P.M. Respectfully submitted, 44-6-°1-Y. Betty Laur Recording Secretary ATTEST: j2=2glriZ434. o Village Clerk DATE APPROVED: •