Members of the Wellington Village Council decided Tuesday not to get involved in an argument between two landowners over the placement of the planned Lake Worth Road extension, leaving approval of the alignment to Village Engineer Bill Riebe.
The planned Lake Worth Road extension will span from South Shore Blvd. west to South Road along 40th Street South, which is divided by the C-24 canal. Equestrian Sport Productions CEO Mark Bellissimo, who will develop the road, plans to align it south of the canal.
But resident Jeff Hildebrand, who owns the Tonkawa/Glenspur development on the south side of the road, opposes the alignment, claiming it will affect his property values.
“It’s the taxpayers who are being hurt here,” attorney Marty Perry, representing Hildebrand, told the council. “It’s $7 million of right-of-way in exchange for a $1.9 million road. What do they get in return?”
The issue stems from a 2008 master plan amendment for Grand Prix Village South, owned by one of Bellissimo’s companies.
“There were conditions that the applicant build a roadway,” Riebe told council members, adding that other conditions included connecting to the existing bridle trail system.
The master plan did not specify which side of the canal the road extension should be built on, leaving it up to the developer to design, with the village engineer having final sign-off on the plans.
“Based on what we have now, the [Bellissimo plans] comply with the intent of the master plan amendment and also comply with the engineering standards,” Riebe said.
A second proposal, submitted by Hildebrand, would run the road down the south side of 40th Street South before cutting to the northern side of the canal instead of running directly in front of the Tonkawa/Glenspur property.
“This alignment certainly could comply with the intent of the master plan amendment,” Riebe said. “It still provides an east-west connector from Lake Worth Road to South Road.”
The proposed road would be 22 feet wide with a curb, gutter and swale, Riebe said.
Councilman Howard Coates questioned why the issue was coming before the council. “Have you approved the configuration [submitted by Bellissimo]?” he asked Riebe.
Riebe said he had.
“Then what is there for this council to decide?” Coates asked. “In 2008, the council decided it was a village engineer issue.”
Village Attorney Laurie Cohen said the matter was put on the agenda at the request of Perry.
“Clearly there are property owners who disagree with his [Riebe’s] decision,” she said. “The court reporter is here, called by both parties, which tells me there is potential for litigation, but there have been no legal arguments put forth and no complaints filed.”
Cohen said she agreed with Coates. “I think, ultimately, this is an engineering issue,” she said.
Coates said he didn’t think the council could take action. “If all we’re being asked to consider tonight is the alignment, and you’re telling me it’s approved, then I don’t think we have anything to decide,” he said.
An issue the council may have to decide later is whether to abandon 120 feet of village-owned right-of-way that was set aside for the Lake Worth Road extension.
“That’s not before us to be determined tonight,” he said. “That is something that happens once you approve the alignment.”
Riebe said as long as the plans meet engineering standards, he doesn’t have the same discretion the council does. “There’s more than one way to skin a cat,” Riebe said. “This is one way.”
Coates pressed Riebe. “If you say you’ve approved this and the village has interpreted this to mean that the approval of the alignment falls on the engineer, why are you asking us to authorize you to continue this using the alignment proposed by the developer, when, by our guidelines, it’s your decision?” he asked.
Riebe said he was taking precautions in light of the possible legal battle. “I wanted to err on the side of caution with the understanding… that there is real potential for legal action here,” he explained.
Coates said the council is not supposed to give advisory opinions. “If it’s your job to decide the alignment, then decide it,” he said. “Then everything else falls where it may.”
During his presentation, Perry said that by shifting the road to the south side, Bellissimo would be affecting other residents.
“We have a development that is coming in, that is throwing off the obligation to provide this right-of-way that was always intended to be part of Grand Prix Village, dumping it onto other property owners for their own benefit,” Perry said. “It’s significant and substantial. The Village of Wellington and the taxpayers of Wellington are the only ones who are hurt here.”
Representing Bellissimo, attorney Dan Rosenbaum said that the plan proposed by Hildebrand would only benefit one person.
“It makes no sense to swing the roadway to accommodate one person,” he said. “There’s not going to be a difference regarding his use of the property.”
Furthermore, Rosenbaum said, that issue is not up to the council.
“This issue shouldn’t be here before the council,” Rosenbaum said. “While we appreciate the opportunity to be here before you, we don’t want to waste your time and intervene with the process.”
Councilman Matt Willhite said he would like to see the two parties come to an agreement, but Riebe said they had already met. “A meeting did occur, but there was no consensus,” Riebe said.
Council members largely agreed that the issue should be left up to Riebe. They directed staff to continue with the process as planned.
