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HomeMy Public PortalAbout05/24/2005 * Workshop MeetingMAYOR: VICE MAYOR: COMMISSIONERS William F. Koch, Jr. Joan K. Orthwein Fred B. Devitt III Robert W. Hopkins II William A. Lynch May 19, 2005 WORKSHOP MEETING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA ON TUESDAY, MAY 24, 2005 AT 9:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. AGENDA I. Call to Order. II. Pledge of Allegiance. III. Roll Call. IV. Presentation by Florida Department of Transportation RE: AIA. V. Discussion. VI. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. F.S.S. 286.0105 MINUTES OF THE WORKSHOP MEETING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA ON TUESDAY, MAY 24, 2005 AT 9:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. Mayor Koch called the meeting to order at 9 A.M. 11. Pledge of Allegiance. The Pledge of Allegiance was led by the Mayor. III. Roll Call. Present and William F. Koch, Jr. Mayor Participating: Joan K. Orthwein Vice Mayor Fred B. Devitt III Commissioner William A. Lynch Commissioner Robert W. Hopkins II Commissioner Also Present and William Thrasher Town Manager Participating: Garrett Ward Police Chief John Randolph Town Attorney Rita Taylor Town Clerk Bob Ganger Town Resident Don McGraw Town Resident Jose Velarde FDOT Consultant Mgmt. Bing Wang FDOT Consultant Mgmt. Tony Drescher Greenhome & O'Mara John Adler Surveyor C. Way Hoyt Arborist IV. Presentation by Florida Department of Transportation RE: AlA. Mr. Velarde, Project Manager for FDOT introduced Mr. Drescher, Engineer and Ms. Wang, FDOT consultant. Mr. Drescher explained that the proposed project starting point is just north of George Bush Boulevard and ends at Sea Road. He explained that the proposed project includes adding a 3' paved shoulder on both sides of the road, except in the area where there are Australian pine trees near the pavement they would mill and resurface only the existing pavement. The road will have 11' travel access on each side. In addition to the 3' shoulder, there will be 3' of stabilizing material installed with a 3' to 6' swale adjacent to that. He stressed that the Australian pine trees would not be disturbed. CV. Discussion. Mayor Koch reminded that the position of the town is still the same, that the town residents strongly oppose any swale or shoulder or changes to the highway. They would prefer milling and resurfacing only. The Mayor reminded that he had requested that FDOT perform a search to see if they had all the titles to prove rights -of- way on AIA. To date that they have not yet been received. Workshop Meeting Town Commission Page May 24, 2005 Town Manager Thrasher stated that the town has requested the same information several times and to date have not received anything except what is presented today. Additionally, the town had provided FDOT with a zoning map of the corridor and some deeds of properties adjacent to AIA. Mr. Adler, surveyor, stated that extensive research and analysis of the corridor was made and it was determined that the state does own 60' right -of -way between George Bush Boulevard and Golfview Road, and from ( Golfview to Sea Road the department owns 66' of right- of -way. Mayor Koch stated that there is a conflict in what FDOT found and what the town found where some deeds show the property owners have title to the center of AIA. He asked how FDOT determined the right -of -way. Mr. Dresher stated that they had acquired maintenance maps, plat maps and historical records of the establishment of the corridor back to the early 1900's, and an individual title search was made. Mr. Adler showed the Commission plat maps and surveys of the area and explained that they prepared a map of the area that represents the questioned 60' right -of -way from Government Lot 1 to Golfview Drive. He pointed out areas where there are deeds of record measuring from the centerline 30' as the determining factor. He added that the county tax map shows a 60' right -of -way. Commissioner Devitt asked if these are fee simple ownership. Mr. Adler stated all the measurements taken are 30' from the centerline and that they are all fee simple ownership. The Attorney asked if all the properties along the corridor are by deed and show 30' from the centerline. Mr. Adler replied that all the properties along the corridor are by deed unless there is a plat. The Attorney requested copies of the maps presented and asked if there were deeds and plat maps of all the properties along the corridor. Mr. Adler stated that he would supply the copies, and added that FDOT does not require deeds of all properties to do a project. Mr. Ganger, 1443 N. Ocean Blvd., commented that a short time ago gas lines were installed close to the edge of the road and inquired if the proposed shoulder would impact the lines. He added that the proposed work would put the shoulder very close to his house, and speaking as the President of the Gulf Stream Civic C) Association on behalf of the residents he is thoroughly opposed to the proposed plan. Mr. Velarde stated that FDOT works with utility companies to coordinate jobs and they are aware of the installation of the gas lines and the shoulder would not impact the lines. Mr. McGraw, 3251 Polo Drive, asked if the FDOT intends to widen all of AlA and stated that he does not believe that adding shoulders would be safer for travelers. Furthermore, he believed that cyclists would not use Workshop Meeting Town Commission Page May 24, 2005 the shoulder, as they like to ride on a smooth surface. He stated that there have been no problems with the road in 25 years. Mr. Velarde stated that he is sympathetic to the town residents' opposition to the proposed improvement but it is a responsibility of the State to provide a safer thoroughfare for the citizens. He added that the shoulder is Cneeded to protect the unraveling of the road. Mr. Velarde stated that the widening would be from Delray to the north for 25 miles, except for areas where there is no right -of -way. Mr. Hoyt, Arborist, advised that the roots of the Australian pine trees come out into the right -of -way and installing a shoulder and the related work would cut into the roots of the trees and impact the trees. Mr. Dresher stated every caution would be taken to take care of the trees. Mr. Randolph asked why wouldn't resurfacing fix the unraveling of the road. Mr. Velarde stated that resurfacing gives a better ride while the shoulder will protect the road. The Attorney asked if the shoulder is related to creating a bike path in the corridor. Mr. Velarde stated no. The Attorney asked if there are criteria that FDOT has to meet when developing a road in that they have to provide bicycle paths in the corridor. Furthermore, is it not the goal of the department to provide a bicycle corridor along AlA in Palm Beach County? Mr. Velarde stated that the main objective is to protect the road and provide safe travel. He added that they have researched the area and the best they can provide is a 3' shoulder, the bike path was not an issue. Mr. Randolph asked if they are familiar with the special legislation designating AlA as a Historical District, and that the legislation prohibits the widening of the road unless for the purpose of public safety. He asked if the proposed work is for public safety and when do they anticipate the work to be done. Mr. Velarde stated that this is not for public safety, it is just a shoulder for protection of the road. He added that there is a schedule and the estimated start date is February 2006. The Attorney asked if there has been an administrative order from FDOT relating to the project. C' Mr. Velarde stated that the directive is to start the project February 2006. Ms. Wang discussed the schedule of the proposed project. She requested that a landscape maintenance agreement letter of intent be execute by July 2005 and letter of commitment by December 2005. The proposed project is schedule to begin April 2007 and the estimated construction time would be 135 days. Town Manager Thrasher asked if there would be any landscaping in any of the swale areas. Workshop Meeting Town Commission Mr. Drescher stated that is yet to be determined. Page 4 May 24, 2005 The Commissioners all agreed that they opposed the shoulder and Swale and they would prefer to mill and resurface the road. They added that there was no repair to the road for 21 years and it is still in good condition, adding the 3' shoulder would not improve road condition. Town Manager Thrasher asked if FDOT has the responsibility to maintain the integrity of the road and could it, or has it ever been bypassed? Mr. Velarde stated that the department does have the responsibility and they are mandated to maintain the corridor by law. He added that he is not sure if it could be bypassed but he would make sure. Town Manager Thrasher referred to some correspondence between Attorney Randolph and Secretary Abreu which states that "the department is cognizant of each of these controlling documents /agreements and will not pursue any course of action that is not acceptable to the Town of Gulf Stream regarding widening and resurfacing of State Road AlA in the town. Additionally, nothing in CS /SB 676 will alter those agreements ". The Town Manager also read another letter to Secretary Glenda Hood from Governor Bush stating that " it is my full expectation in those limited situations where local requirements come into conflict with statewide objectives that the issues will be satisfactorily resolved in the true spirit of the state and local cooperation. In those rare situations where issues cannot be resolved, the Department of Transportation is directed to notify my office prior to proceeding to the next phase of project implementation ". The Town Manager asked if Mr. Velarde was familiar with these documents and, if in any of the meetings with the town was it indicated that the town is in favor of the proposed project. Mr. Velarde stated that he is cognizant of the correspondence but he not sure of Secretary Ahren's intent, and he is aware of the town's opposition. He added that he is not sure if the Governor has been notified of this conflict but he is going by the direction of the department. Mr. Thrasher stated that he felt that FDOT did not respond to the requests of the town in a timely manner and that no changes were made to accommodate the town since the beginning of the plan. Furthermore, documents were requested from FDOT and there were none provided until the meeting today. He asked for assurance that the questions that were asked, and not answered at the meeting would be provided. The Town Manager commented that there is correspondence from FDOT stating that nothing would happen until the town agrees with the proposed plan but we are now presented with a time schedule for implementation and are being asked to sign a landscape agreement. CMayor Koch reminded again that the residents of the town do not want a shoulder or swale and he asked that ' Mr. Velarde give consideration to the concerns of the residents and further deliberate on a plan that would be acceptable to the town. He asked Mr. Velarde to take the concerns of the Commission and the town to his director and come back with an acceptable plan. Attorney Randolph asked, taking into consideration the meeting today and the concerns of the town, if Mr. Velarde would give consideration to the request of the Commission and give a response in a timely manner as Workshop Meeting Page 5 Town Commission May 24, 2005 to whether FDOT is willing to reconsider this project, come back with a different plan within 30 days, or if more time is needed, 60 days, so the issues of the Australian pine tree roots could also be addressed. Mr. Velarde stated that unless he is told to change the plan by his director or Secretary Wolfe, he cannot change his plans but he would take the concerns of the town to the director and regardless, the town would be notified. CVI. Adioumment. Mayor Koch adjourned the meeting at 10:45 A.M. Y ine E. Eckert, CMC Deputy Town Clerk C)