To stop or not to stop? Residents, HOA Disagree |
Article Courtesy of Hometown News -- Palm Beach Gardens By
Pamela
Sichel PALM
BEACH GARDENS — One December morning in 1990, Norm Ingram headed out of his
neighborhood in Frenchman’s Landing, a private development in unincorporated
Palm Beach Gardens east of Prosperity Farm Road, just like any other day. This
day, though, something was different. Overnight,
new four-way stop signs had appeared at every intersection on Frenchman’s
Passage, the main thoroughfare through the development. Mr. Ingram didn’t have the faintest idea that he would spend the next 15 years in a heated battle over the signs that would include traffic studies and legal fees and promote ill will in the neighborhood.
Mr. Brophy explained that if the signs were illegal, any accident occurring at those intersections might not be covered by the homeowners association’s liability insurance. Who
is liable? This
piqued Mr. Ingram’s curiosity. He called the HOA’s insurance carrier,
Nationwide, to ask about liability coverage. A company administrator told him to
contact Tom Rice, another resident of Frenchman’s Landing. Mr. Rice, property
manager for Frenchman’s Landing, had installed the signs in 1990. “My
wife Gail and I went to see him [Mr. Rice] to find out our status with insurance
coverage and if the signs were indeed legal,” Mr. Ingram said. “He
became very angry with me and said he had a pile of documentation several inches
thick. “He
said the purpose of the signs was to slow traffic, and there was no issue with
legality. He never showed me the documentation, though,” he said. Mr.
Ingram began to investigate the legality of the signs himself. He researched the
federal published Manual for Uniform Traffic Control Devices, adopted as Florida
law. The
signs did not meet the warrants or conditions that must be met for stop signs on
private property. The MUTCD regulations also said that stop signs may not be
used to control traffic speed. Moreover,
Florida law 316.0747 makes it a criminal offense for any non-governmental entity
to install traffic control devices not in conformance with the warrant
conditions of the MUTCD. Placing unauthorized traffic control signs on private
property is a criminal act, according to Florida law. Mr.
Ingram re-contacted the insurance company, still trying to establish whether the
homeowner’s association had liability coverage at the intersections. An
attorney for Nationwide responded with a letter stating, “any bodily injury or
property damage claim made as a result of an accident or incident related to the
four-way stop signs may not be covered under the commercial general liability
policy.” Several
years of legal wrangling ensued, with various opinions rendered by traffic
engineers, attorneys, the Palm Beach County Planning and Zoning Department, the
Florida Department of Transportation and the National Motorists Association. Who
says the signs are legal? The
signs were originally certified as legal, in 1994, by Arnold Ramos, a civil
engineer licensed by the state board of engineers. When
SFBE became aware that Mr. Ramos certified the questionable signs, Mr. Ramos was
reprimanded by the agency with one year’s probation, a $1,000 fine and
additional classes on traffic regulation signs. In
spite of these punitive measures against Mr. Ramos, the certification was not
rescinded until 2004, but the signs have since been re-certified by Mr. Ramos. A
change in the MUTCD codes made the re-certification legal, said Mr. Ramos who is
now in private practice in Fort Lauderdale. However, he said
he did not conduct a warrant analysis on the signs. “It’s
the warrant analysis that reveals the illegality of the signs,” Mr. Ingram
said. Even
county officials disagree on the status of the signs. In
1994, the Palm Beach County Building and Zoning Department issued a notice of
code violation, stating that not only did the signs not conform with the MUTCD
warrants, but the four-way signs did not appear on the development’s original
site plan filed with the county. But
Denise Nieman, then executive assistant to the county attorney, stated in a 1995
letter to Mr. Ingram, that the MUTCD warrants are “discretionary, not
mandatory.” Florida
DOT officials responded to Ms. Nieman’s statement. “If
none of the conditions [MUTCD warrants] are met, then a multi-way stop sign is
not warranted,” they wrote. To
date, the Palm Beach County attorney’s office has allowed certification of the
signs to remain. In
spite of that, county magistrates have dismissed nine traffic tickets for
failure to stop at the contested signs. The dismissals were based on evidence of
the illegality of the signs presented by defendants. A
question of safety Mr.
Ingram fears the signs have become more of a danger than a safety precaution
because passing motorists routinely ignore the signs. In
videos taken from Mr. Ingram’s front window, the signs are routinely ignored
by motorists, including a school bus, UPS delivery trucks, and in one instance,
a Palm Beach County Sheriff’s Office patrol car. An
analysis of the video showed an average of only one in eight cars came to a full
stop. In
2003, Mr. Ingram hired Jack Brucato, a former state highway patrol officer
turned private investigator, to perform surveillance on the contested four-way
stop signs on Frenchman’s Passage to observe compliance with the signs. “In
the large majority of vehicles observed, the vehicles roll through the
intersection, and in many instances, they make left or right turns with no
cessation of movement. This is a scenario that repeats itself on a daily
basis,” he wrote in a reported. “In
my opinion, the traffic control devices are not affective in the Frenchman’s
Landing complex to the degree that they were intended. Eventually, a side impact
or worse will occur at these intersections,” Mr. Brucato wrote. The
development’s homeowners association surveyed residents on whether or not they
wanted the signs, according tosaid Lynne Sommers, president of the HOA. Sixty
percent of the residents responded, and of the 60 percent, 92 percent approved
the signs, she said. When
asked about whether the development’s insurance would cover them, should an
accident occur at one of the stop signs, Ms. Sommers questioned why the signs
were receiving media coverage. “We
have several new and exciting improvements proposed for 2005-2006 years. We are
looking forward, not backward,” she said.
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