By Dan Moffett
Briny Breezes Town Attorney John Skrandel was researching records for writing a new golf cart ordinance earlier this year when he stumbled onto a historical oversight.
There was nothing in the town’s archives to document exactly who owned Old Ocean Boulevard, Briny’s oceanfront roadway that residents had just naturally assumed belonged to them.
“Back in the ’30s, ’40s and ’50s, the record-keeping wasn’t that good,” Skrandel said. “You could say the road was lost — its ownership was lost, just because people didn’t follow through with things.”
Somewhere around a half-century ago, as Highway A1A and other north-south roads opened to the west, the Florida Department of Transportation was supposed to give up possession of Old Ocean and file a deed that turned it over to the town. For reasons no one is likely ever to figure out, that didn’t happen.
To this day, Skrandel says, the state technically retains ownership of the road, though Brinyites have been claiming it and caring for it for generations.
“Throughout the history of Briny, most people have considered it a Briny road, though officially it wasn’t,” he said.
The Town Council is trying to change that, approving unanimously a resolution on Oct. 22 that authorizes Skrandel and Mayor Michael Hill to explore an agreement with the FDOT that would transfer the road to the town.
Skrandel says neither the state nor Palm Beach County is interested in owning Old Ocean.
“Palm Beach County is of the opinion it does not own it and does not want it,” he said. “FDOT feels they’re stuck with it but they’re willing to give it to the town.”
So the town probably can take over the road for essentially no cost, with the requirement that the road maintains a public purpose and remains open for public use. However, things could get complicated if the town decides to turn it over to the Briny corporation, the holder of all land in the community.
Going forward, any private entity such as the corporation that takes possession of the road from the town would have to pay the state fair market value for the property. Possible changes to coastal traffic flow patterns could also complicate matters.
Ocean Ridge, Briny’s northern neighbor, is considering a plan to turn its section of Old Ocean Boulevard into a promenade with one-way traffic running south. Also, plans for construction of a large single-family duplex on Ocean Ridge’s section of Old Ocean could send heavy trucks onto Briny streets if work begins next year.
If the town takes formal possession of Old Ocean, it also assumes clear responsibility for maintaining the road and repairing damage.
Skrandel told council members he expected to have more to report from FDOT about the road at Briny’s Nov. 19 meeting.
In other business:
• Council President Sue Thaler advised residents who are considering running for mayor or Town Council that the filing period for the March 15 election will run from Nov. 10 until Nov. 24 — roughly three months earlier than usual. The early deadlines are because the presidential preference primary is also to be held on March 15 and Palm Beach County election officials say they need extra time to prepare.
• The council unanimously approved up to $9,500 to investigate repeated water main failures at Banyan Boulevard and North Heron Drive. Thaler said the cost of the analysis “could be much less” but the town needed to find out how badly corroded the pipe is.
Comments