11-12-96 Special/Workshop
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CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
SPECIAL/WORKSHOP MEETING - NOVEMBER 12. 1996 - 6:00 P.M.
FIRST FLOOR CONFERENCE ROOM
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The City will furnish appropriate auxiliary aids and services to
afford an individual with a disability an opportunity to
participate in and enjoy the benefits of a service, program or
activity conducted by the City. Contact Doug Randolph at 243-7127
(voice) or 243-7199 (TDD) , 24 hours prior to the event in order
for the City to accommodate your request. Adaptive listening
devices are available for meetings in the Commission Chambers.
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SPECIAL MEETING AGENDA
(1) ACCESS AGREEMENT FOR M&P CONCRETE PRODUCTS. INC. PROPERTY ON
DAVIS ROAD: Consider approval of an access agreement by and
among M&P Concrete Products, Inc. , the Lake Worth Drainage
District and the City for the purpose of access to M&P
property on Davis Road.
WORKSHOP AGENDA
(1) Maintenance of canals within Tropic Isles subdivision.
(2) Concerns raised by Dr. Josh Smith, Jr.
(3 ) Status report on the Delray Beach Housing Authority.
(4) Status report on the aquifer storage and recovery (ASR)
well.
(S) Discussion on the impact of large homes.
(6) Interest in water management district governing board
appointment.
(7) Comments and inquiries on non-agenda items.
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Please be advised that if a person decides to appeal any decision
made by the City Commission with respect to any matter considered
at this meeting, such person will need to ensure that a verbatim
record includes the testimony and evidence upon which the appeal
is based. The City neither provides nor prepares such record.
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[IT' DF DELRAYBE~[itj
CITY ATTORNEY'S OFfiCE ~.". ~~',~:..\l~'.-~, .<_.c.r~~D.-\ 33";.f4
Writer's Direct Line: (407) 243-7091
DELRA Y BEACH
f tOil: j D A
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AII·America City MEMORANDUM
, t III! DATE:
November 8, 1996
1993
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Access Agreement to M & P Products, Inc. Property Located North of the
Tate Property on Davis Road
Mr. Travis of M & P Products, Inc. has offered to voluntarily dismiss with prejudice a
lawsuit filed on November 8, 1996 against the City upon execution of the attached
agreement.
The agreement provides for access to his property on a temporary basis until a resolution
of the Tate lawsuit. It further provides that if the City and/or Lake Worth Drainage
District has ultimate ownership of Davis Road as flnally determined by the court, after
appeals, if any, then the City will vacate a portion of Davis Road to assure access to the
M & P Property.
Our office recommends that the Commission approve the Access Agreement.
By copy of this memorandum to David Harden, City Manager, our office requests that
be placed on as a special meeting agenda item for November 12, 1996.
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
access 1. sar
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ACCESS AGREEMENT
TillS AGREEMENT dated this _ day of November, 1996, by and among the City
of Delray Beach ("City"), the Lake Worth Drainage District ("District"), M. & P. Concrete
Products, Inc. ("M & P").
WHEREAS, in order to avoid the expenses of litigation involving the Davis Road
access; and
WHEREAS, the District and the City are involved in certain litigation styled by
Stanley G. Tate v. the City of Dell1\Y Beach and Lake Worth DrainaKe District, case number
93-5198-AI involving the issue of tide or ownership to "Davis Road"; and,
WHEREAS, M & P has requested a temporary license agreement in order to access its
property located north of the Tate property on Davis Road; and,
WHEREAS, by executing this agreement the parties do not acknowledge any
ownership or common law dedications on Davis Road.
NOW, THEREFORE, in consideration of ten dollars ($10.00) and other good and
valuable consideration, receipt and adequacy and sufficiency of which IS hereby
acknowledged, the parties intending to be legally bound, do hereby agree as follows:
1. That the recitals heretofore set forth are true and accurate and incorporated
herein by reference.
2. That the parties are entering into this agreement with the understanding and
agreement that the City and the District are in no way admitting or claiming tide to Davis
Road but are entering this agreement to consent to a license agreement as to whatever right,
tide and interest is ultimately determined by a court of jurisdiction in Palm Beach County,
Florida.
3. That. the City and the District do hereby consent to M & P, its heirs and assigns
to a license of access to and from Davis Road at the Owens Baker intersection to the M & P
property located approximately 200 feet south of the above recited intersection until a fInal
determination is made pursuant to paragraph 4, below.
4. That once a tïnal determination as to title to this portion of Davis Road has
been rendered by a court after exhaustion of all appeals, if any, and the court determines that
the City and/or the District have title to the property, the City and/or the District will abandon
said portion of the road north to Owens Baker Road, provided M & P obtains legal access
from the property owners to the north. If in the event an acceptable easement agreement with
the contiguous property owner located north of the M & P property is not obtained, then the
District and/or the City will abandon that portion of Davis Road adjacent to the M & P
property and will reserve adequate access across a portion of old Davis Road north of the M &
P property sufficient for access to the M & P property. The vacation is subject to a non-
1
.
.
exclusive utility easement in a location as to serve existing utilities reserved to the City and a
canal maintenance easement reserved to the District.
5. The parties herein acknowledge that M & P will today fIle a complaint in
Circuit Court involving access to Davis Road. In the event this agreement is approved by both
the City and the District, M & P will file a voluntary dismissal of the lawsuit with prejudice
within twenty days after execution of this agreement and M & P shall execute general releases
to both the City and the District in a form acceptable to their respective attorneys.
6. This agreement shall be construed and governed in accordance with laws of the
State of Florida and in the event of any litigation hereunder, the venue for any such litigation,
shall be in Palm Beach County, Florida. All of the parties to this agreement have participated
fully in the negotiation and preparation hereof and, accordingly, this agreement shall not be
more strictly construed against anyone of the parties hereto.
7. This agreement may not be changed, altered or modified except in writing
signed by the party against whom enforcement of such a change would be sought. This
agreement shall be binding upon the parties hereto and their respective successors and assigns.
8. The parties shall enter into a formal access agreement incorporating the terms
set forth herein.
IN WITNESS WHEREOF, the parties have executed this agreement as of the day and
year first above written.
SIGNED, SEALED AND DELIVERED CITY OF DELRA Y BEACH
IN THE PRESENCE OF:
By:
Name:
Title:
Date:
Approved as to form and legal sufficiency:
SIGNED, SEALED AND DELIVERED LAKE WORTH DRAINAGE
PRESENCE OF: DISTRICT
By:
Name:
Title:
Date:
Approved as to form and legal sufficiency:
2
SIGNED, SEALED AND DELNERED M. & P. CONCRETE
IN THE PRESENCE OF: PRODUCTS, INC.
By:
Name:
Title:
Date:
Approved as to form and legal sufficiency:
access.agt
3
MEMORANDUM
'IO: Mayor and City Commissioners
FROM: David T. Harden, City Manager [í7V1
SUBJECT: Canals in Tropic Isles
DATE: November 8, 1996
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Research shows the following:
(1 ) July 14, 1956 - Resolution No. 1018 annexes Tropic Isles and ratifies
and approves the plat (#1 attached) . Basically the same content was
used for Tropic Isles 2nd Section (10/31/56) and 3rd Section
(4/26/57) . There is no particular reference in the resolutions to
canals. The plats are subsequently recorded with the waterways
dedicated to the public.
(2) The next reference comes up in 1963 and continues into 1964 (#2
attached) . Included in this material is the City's legal position
that the City has no legal responsibility to maintain the canals based
on F .S. Chapter 177. Attached to this memorandum is a copy of F.S.
177.081 re dedication and approval of plats from current statutes.
(3) Next is a staff memo dated May 18, 1977, together with a legal opinion
from the then City Attorney (#3 attached).
We have not been able to locate anything more at the Commission level
during the 1970's and 1980's. Since no index was kept, additional research
would be necessary.
W. S. -1l: /
j " ' r.S.-1995 LAND BOUNDARIES Ch. 171
dence of such approval shall be placed on the plat. If not roadway, alley or other similar strip is reserved unto the ... _..-aÁ.
¡te
approved, the governing body must return the plat to dedicator or his or her heirs, successors, assigns, or
the surveyor and mapper. However, such examination legal representative, or similar language, and thereafter
1e and approval for conformity to this chapter by the appro- conveys abutting lots or tracts, the conveyance shall
priate governing body shall not include the verification carry the reversionary interest in the abutting street to
'e of the survey data, except by a surveyor and mapper the centerline or other appropriate boundary, unless the
's either employed by or under contract to the local gov- owner clearly provides otherwise in the conveyance.
erning body for the purpose of such examination. For the (2) As to all plats of subdivided lots heretofore rec-
. purposes of this chapter: orded in the public records of each county, the holder
(a) When the plat to be submitted for approval is of any interest in any reversionary rights in streets in
~ located wholly within the boundaries of a municipality, such plats, other than the owners of abutting lots, shall
the governing body of the municipality has exclusive have 1 year from July 1, 1972, to institute suit in a court
jurisdiction to approve the plat. of competent jurisdiction in this state to establish or t#~
(b) When a plat lies wholly within the unincorporated enforce the right, and failure to institute the action within
areas of a county, the governing body of the county has the time shall bar any right, title or interest, and all right
exclusive jurisdiction to approve the plat. of forfeiture or reversion shall thereupon cease and
(c) When a plat lies within the boundaries of more determine, and become unenforceable. ~\\\~
than one governing body, two plats must be prepared Hlatory.-ss. 1, 2, ch. 72-257; s. SO, ch. 73-333; s. 936, ch. 95-147.
and each governing body has exclusive jurisdiction to 177.086 Installation of cul-de-sacs.-In the event
approve the plat within its boundaries, unless the gov- a municipality or county installs a cul-de-sac on a street
erning bodies having said jurisdiction agree that one
plat is mutually acceptable. or road under its jurisdiction and thereby discontinues
(2) Any provision in a county charter, or in an ordi- use of any existing street or road right-of-way, such dis-
nance of any charter county or consolidated govern- continuance shall not operate to abandon or vacate the
ment, which provision is inconsistent with anything con- unused right-of-way unless the governing body of the
tained in this section shall prevail in such charter county municipality or county adopts a resolution or ordinance,
or consolidated government to the extent of any such as appropriate, vacating the unused right-of-way.
inconsistency. Hlstary.-s. 73, ch. 87-243.
Hlltory.-s. 1, ch. 71-339; s. 1, ch. 76-110; s. 1. ch. 77-152; s. 1, ch. 77-278; s. 177.091 Plats made for recording.-Every plat of a
103, ch. 94-119; s. 1, ch. 95-176.
subdivision offered for recording shall conform to the fol-
177.081 Dedication and approval.- lowing:
(1 ) Every plat of a subdivision filed for record must (1 ) It shall be:
contain a dedication by the developer. The dedication (a) An original drawing made with black permanent
shall be executed by all developers having a record drawing ink or varitype process on a good grade linen
interest in the lands subdivided, in the same manner in tracing cloth or with a suitable permanent black drawing
which deeds are required to be executed. All mortga- ink on a stable base film, a minimum of 0.003 inches
gees having a record interest in the lands subdivided thick, coated upon completion with a suitable plastic ..-.......--. '" "
shall execute, in the same manner in which deeds are material to prevent flaking and to assure permanent legi-
required to be executed, either the dedication contained bility; or
on the plat or a separate instrument joining in and ratify- (b) A nonadhered scaled print on a stable base film
ing the plat and all dedications and reservations made by photographic processes from a film scribing
thereon. tested for residual hypo testing solution to assure per-
(2) When a tract or parcel of land has been subdi- manency.
vided and a plat thereof bearing the dedication exe- Marginal lines, standard certificates and approval forms
cuted by the developers and mortgagees having a rec-
ord interest in the lands subdivided and the approval of shall be printed on the plat with a permanent black
the governing body has been secured and recorded in drawing ink. A print or photographic copy of the original
compliance with this chapter, all streets, alleys, ease- drawing shall be submitted with the original drawing.
ments, rights-of-way, and public areas shown on such (2) The size of each sheet shall be determined by
plat, unless otherwise stated, shall be deemed to have the local governing body and shall be drawn with a mar-
been dedicated to the public for the uses and purposes ginalline. or printed when permitted by local ordinance,
thereon stated. However, nothing herein shall be con- completely around each sheet and placed so as to leave
strued as creating an obligation upon any governing at least a '/2-inch margin on each of three sides and a
body to perform any act of construction or maintenance 3-inch margin on the left side of the plat for binding pur-
within such dedicated areas except when the obligation poses.
is voluntarily assumed by the governing body. (3) When more than one sheet must be used to
Hlltory.-s. 1, ch. 71-339; s. 2, ch. 79-86. accurately portray the lands subdivided, each sheet
must show the particular number of that sheet and the
177.085 Platted streets; reversionary clauses.- total number of sheets included, as well as clearly
(1) When any owner of land subdivides the land and labeled matchlines to show where other sheets match
dedicates streets, other roadways, alleys or similar or adjoin.
strips on the map or plat, and the dedication contains (4) In all cases, the scale used shall be of sufficient
a provision that the reversionary interest in the street, size to show all detail and shall be both stated and
1335
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JULY 1.4T8, 1956
with west right-or-way line or the Intracoastal Vaterway
(ror convenience, said parallel line is assumed to bear
east and west, and all. other bearings are relative thereto),
thence west along said p~Ballel line a distance or 1229.27
reet; thence south s distance of 25 reet; thence S. 750 241
15" W. a distance of 115.24 reet; thence South 20 16' 10"
E. ror a dsitance of 27.06 feet; thence S. 870 431 50" V. a
distance or 174.67 reet; thence N. 20 471 53" V. a distance
of 8.15 reet; thence S. 870 121 07" V. a distance of 140
reet more or less 'to the East Line of Del-Raton Park,
according to the Plat thereof recorded in Plat Beok 14,
Pages 9 and 10, public records or Palm Beach County, Florida;
thence N. 20 471 53ft W. along said East line or Del-Raton
Park, a distance of 263.84 reet more or less, to the Northeast
corner or Block 38 or said Del-Raton Park; thence S. 890 39'
57" W. along the North line of said Block 38, a distance of
261.72 reet more or less, to a point in the easterly right-
or -way line of State Road No. 5 (U. S. highway No.1) as shown
pn Plats recorded in rtoad Plat Book 2, pages 73,74 and 75,
public records 01' Palm Beach County, Florida; thence westerly
to a point on the North line of Lot 28, Block "20, or Del-Raton
Park, Plat Book 14, page 9, said point being on the West
rigb~-of-way line of State Road No.5 (U. S. Highway No.1);
thence northerly along the Westerly right-or-way line or State
Road,No. 5 (U. S. Highway No.1) to point of intersection with
the South lone or Lot 25, Block 2, of MODEL LAND COMPANYIS
MAP of Seõtion 21, Township 46 South, Range 43 East, Palt Hook
1, page 128;
is determined to be contiguous to the present Municipal
boundary line of the City or Delray Beach, Florida, as con~
templated and defined by Section 185 or the Municipal Charter
or the City of Delray Beach, !<'lorida.
Passed in Special Session this the 14th day or July,
1956.
",
/S/ Mike 'Yargates
nAYUR
ATTEST:
/S/ R. Ù. Worthing
Ci ty Clerk
Commissioner Snow moved for Adoption or Resolution No.
1017 on First and Final Reading. Motion was seconded by
Commissioner Barrow and unanimou~ly carried.
City Manager Lawson then read Resolution No. 1018 -
~SOLUTION NO. 1018.
A RESULUTION OF THi:. CITY CONNISSION THAT
THE CITY BOUNDARIES SHALL Bi:. EXTENDED BY . .
ORlJINANCE, AS PROVIDED BYLAW, TO INCLUDE
CERTAIN LANDS DESCRIJlED nIEREIN, AND THAT S,;C
SUCH TEHRITORY DESCRIBED SHALL BE ANN~
UNDER ZONING, REGULATIONS AND CONDITIONS
AS OUTLINED THEHEIN.
WHEREAS, TROPICAL ISLE DEVELOP~T CO. did on July 2, 1956
rile its petitiion ror Annexation by the City of Del~ay Beach
involving certain lands therein described; and
KHEHBAS, TROPICAL ISLE DEVhLOPMENT CO. did on July 10,
1956, rile an Amendment to Petition for Annexation by the
City or Delray Beach ïnvolving said lands; and
~ - , -
I 1-.
JULY 14TH, 1956
_. VIIEIŒAS, TROPICAL ISLE DEVELOPMENT CO. is the f'ee staple
title holder of' the rollowing described property located in
Palm Be'am County, Florida, aore particularly described as
rOl~OV8, to-wit:
, .. tract .1' land lying bd.H1Dg ·in Section 28, Twonship
46Squth, Ra~e 43 East, Pala Beach Coamty, Florida, aore
particularly described as rollows, to-wit:
Beginning at the intersection or a line parallel to,
and ~~, ~eet southerly (aeasured at right angles) rroa the
south line or Tract 6 or the Re?lsed Plat of Portions or
Sections 28-29, Tvp. 46 S., Kge. 43 E., according to the
..Plat thereor recorded in Plat Book 18 Page 53, public records
of' Palm Beach County, Florida, with the westerly right or
,.ay line of the Intracoastal Vaterway (f'or con?en1ence
said parallel line is assuaed to bear East and Vest, and
all other bearings are relati?e thereto), thence west along
said parallel line, a distance ot 1229.27 f'eet; thence south
a distance or 25 f'eet; thence S. 750 24' 15w V., a distance
or 115.24 teet; thence S. 20 16' lOw E., a distance or 27.06
¡reet; thence S. 870 43' 50w V., a distance or 174.67 reet;
thence N. 20 47' 53w V., a distance or 8.15 f'eet; thence S.
870 12' 07w W., a distance ot 140 teet, aore or less, to the
east line ot Del-Raton Park, according to the Plat thereot
recorded in Plat Book 14, pages 9 and 10, public records or
Palm Beach County, Florida; thence N. 20 47' 53w W. along
.aid east line or Del-Raton Park, a distance or 263.84 teet,
aore or less, to the northeast corner or Block 38 ot said
Del-Raton Park; thence S. 890 38' 57w V. along the north line
of.said Block 38, a distance of 261.72 teet, more or less,
to a point in the easterly right or wa111.ine ot State Road
No.5 (U. S. Highway No.1.) as shown on plats reco~ed in
Road Plat Book 2, pages 73, 74 and 75, public records or
Palm Beach County, Florida; thence northerly along said
easterly right of way line of State Road No. 5 to a point
in the north line of Tract 5 of said Re?ised Plat or portions
or Sections 28-29; thence N. 890 58' 23w E. along the north
line or said Tract 5, a distance or 586.12 reet; thence N.
20 49' 22w W., a distance ot 346.38 teet, more or less, to
the north line of Tract 3 of aaid Re?ised Plat; thence N.
890ß7' 35w E. along the north line of' said Tract 3, a
distance or 1387.19 feet, aore or less to a point in said
westerly riäht of way line of the Intracoastal Waterway;
thence S. 0 38' Ow W. along said westerly right ot way
line, a distance of 1211.92 teet, more or less, to the
point of beginning.
and
I
1IfEREAS, it is considered by the City Council that the
¡ inclusion or said premises within the sorporate boundaries
I of the City or DeIray Beach under the conditions set out
in the Petition ror Annexation and the amendment thereto
'abo?e reterred to is tor the best iaterests ot the City; and
: 'WEßEAS, TROPICAL .ISLE DEVELOPMENT CO. has presented to
this Council a plat of said preaises proposed to .e filed
of record entitled wTropic Islew and plans ror the develop-
aent ot the property which plat and plans ha?e been prepared
by Brockway, Weber 4 Brockway, Engineers of West Palm Beach,
F;lorida, and this Council deems said plat and plans to be
satisractory and designed tor the orderly development of the
property and f'or the protection or the health and welrare
ot the inhabitants thereof and the inhabitants or the City
, ,,:.or Delray Beach; and
jì'; WEHE.AS, TROPICAL ISLE DEVELOPMENT CO. has entered
into a contract and is in the process or installing the
.ater mains and rire hydrants within said proposed plat
in accordance wi th the 'lans and specifications on file
with the engineers, Brockway, We1ler 4 Brockway, which
[36
.JULY 14TH, 1956
contract and installation is in accordance wi~h the sub-
divi8ion requi....ent.8 of' the City of' Delray Beach, and ' '
VHEREAS, TROPICAL ISLE DEVELOPMENT CO. has rurther
entered into a contract and is by reason or same in the
~rocesø of' etf'ecting the inst.allation of' water supply
11ne s, f'ire hydrants and f'i ttings f'rom the present Mu-
nicipal water supply lines located at the inter8ection
of'S. E. 7th Street and U. S. Highway No.. 1 to the north
west corner or the property sought to be annexed, a
photographic copy 0' said contract having been attached
to the basic petition f'or annexation; and
" . "
iHEREAS, all of' said water installation contracts meet
the require.ents and are in compliance vi th the reglÙations
of' the City of' Delray Beach, Florida, and have heretot!ore
been .pproved by the Ci ty Engineer of' this City;
KOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF
1 THE CITY OF DELRAY BEACH:
1. That. at'oresaid plat aad plans f'or the subdivi.ion
and de'elopment ~f' the af'oresaid "property be and they are
hereby ratif'ied and approved. " .
2. That the City boundaries shall be extended by
ordinance as provided by law to include said property
and that such ordinance 'shall include and contain the 1'0
f'ollowing provisions: "
<.) "Said territory shall be annexed under the
f'ollowing zoning, regulations and conditions:
(1) Residence -R-IA- District shall be
applicable to lots numbered One (1) through Nånety-three
(93), both numbers inclusive, and lots numbered One
Hundred Five (105) through Dne Hundred Nineteen (119), t
both numbers inclusive; .
(2) Residence -R-3- District'shall be
.pplicable to lots Kinety-f'our (94) through N1oety-
nine (99) and Lots One Hundred One (101) and One Hun-
dred two (102) which shall be used ror .ult1-f'aa11y or "
duplex t1pe residen ti al pro'lrrties, .Dd Lots One
Hundred (100), One Hundred Three (1'03) and One Hun- '
dred Four (104) shall be used 1'01' Duplex tJpe dwellings;
(3) Business -c-l- District shall be
applicable to all of' Lots -A- and -B·; which shall
include motels; hotels; apartments; apartment hotels;
agencies, such a8 employment, insurance and real estate;
auditoiuas; banks bakeries, serving retail trade; barber
shops; beauty parlors; bicycle Bhops, blueprinting,
photostating and the like; business colleges, cafeterias,
deparUlent stores; dress_king shops; drug stores; dry
cleaning, pressing, blocking and dying establi8bments;
electric light aDd power companies; express companies;
florists; garages f'or storage of' automobiles i. connection
with hotels only; grocery stores, retail only; hospitals;
ice cream parlors; jewelery 8hops; music stores; office
buildings; photo shops and art galleries; post off'ice
substations; private club8; professional of'tices; public
stenographer8; radio sales rooms; restuarants; retail stores
and shops; sales and show rooms; schools, private or
I public; stationery and office equipment, retail; telegraph
otfice; theatres; watch repairing; *asoline service stat10ns
and that said proerty be classified so as to be included
in the type classifications as derined and described in
Ordinance No. G-175 of' said City. Such shall be the Zoning
classif'ication notwithstanding the fact that tit same .ay
differ or deviate from the business elassif ca ons now
L
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. .
I 1
JULY 14TH, 1956
penaitted in a ·C-l" distrcit by the Zoning Ordinan~es of
J)elray Beach.
. . (b) That due to tæ large .ount of expenditures
by Tropical Isle Develop.ent Co. necessary to .ake the said
. ;territory inhabitable. the City of Delrar Beach 8hall not.
'ievr. aøseøs. charge or coilect ad valorem taxeø or anr
øther trpe taxes on said lands in excess of an annual tax
of, $10.00 per residential lot or in excess of $50.00 for
businesø lots "a" and ·B" as shown on said plat of Tropic
- ¡sle for the tenB of ten rears froa the date of enactment
of the ordinance. The s..e is resolved under the conditions
however. that in the event aOJ such lot is sold, transferred
~ otherwise diposed of by Tropical Isle Development Co.
or Inthe event any building is constructed on any lot
aroresaid, then such lot Bball be taxed in addition to the
l1aitations per .lot aforesaid by said City in accordance
wi*h the general taxing provisions of said Citr.
; - ¡y
. (~ 'fha t the set back requireJDen ts of said property
shall .. as follows:
"No building or any part thereof, including
, . garages and porches, shall _e erected on any
. . lot closer than twenty-five (25) feet to the
front street line" or closer than eight feet,
six inches (8'6") to either side lot line or
~ Î ~ closer than fifteen (15) feet to the rear lot
i line provided, however, that in the case of
, , comer lots the set back fro. the side street
line shall not be less than twenty (20) feet,
Any building located on a waterfront lot shall
\ be at least twentr-five (25) feet from the lot
line abutting upon the waterway",
although in so.e instances the s..e ..y differ or deviate
from the set back requirements under the Zoning Ordinances
of the City of Delray Beabh.
3 (a) The water aains now under ðOntract BEING installed
in said area (but not the service connections to private
peopertr) shall forvith becoae the property of hte Citr of
Delray Beach, Florida. and said City shall furniøh ,water to
the inhabitants of øaid propertr at the same rates charged
to other water cons~rs in the Citr of Delray Beach, Florida.
. 3 (b) The water aainø now under contract and being
installed frOll the present aain Municipal water supply line
is located at ,the intersection of S. E. 7th Street and U. S.
Highway No. 1 and shall upon completion of said contract
run to the northveste~lr corner of the proposed plat of
Tropic Isle øhall become the property of the City of Delrar
Beach, Florida, at the tt.e said Citr has discharged its
obligation to Tropical Isle Development Co. by the discharge
orpaJllent of the sum of ~33,060.00 which sum shall be deemed
satisfied, disSharged and paid in full upon the happening
of either one of the following conditions whichever be the
sooner:
(1) The total payment of such SI18l.
(2) The refund payment of 100 per cent of the
vater revenue derived from the vater sales
to Tropic Isle uøers for a period of ten
years frQm ~e date of the platting of said
subdiv~ion as a part of said City.
4. The Kayor, Citr Clerk and Citr Engineer are hereby
authorized and directed to forwith approve the plat of Tropic
Isle, as presented, subject to the conditions contained in
this Resolution.
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I
I
i
i
i JULY 14m, 1856
I
5. That the CU1' of Delra1' Beach 1Ihall request ,the
Legislature of the State of Florida at its r.egular session
in 1957 to ~alidate b1' -.pecial act the ordinance referred to
in Section 2 hereof and all the pro~isions thereof.
.. 6 <a) It is agreed'between the. subdiTider and the Cit1
of Delra1' Beach that the subdidder shall eit.her annex or
~ause to be annexed the reaainder of the propert1' indicated
in the ,.ketch at.tached ·to the -~en~nt to Pet.ition for
Annexation- filed with the City of Delra1' Beach and ~ferred
to abo~e within three 1'ears from JUI1' 8, 1956, which annex~
ation plan, which shall be in keeping vi.th representations
contained in and ..*l~ing from the underlying intent behind
the Petition for annexation b1' the Cit1' of Delray Beach,
Florida a. .-ended and which future plan of annexation
shall be in accordance with the general subdi~ision plat
requireaents of the Cit, of Delra, Beach, Florida.
I,
6 (b) It is further agreed between the subdi~ider and
the City of Delrü1' Beach that in the e~ent the subdivider
1 fails to abide b1' and carry out the obligations on its
part assumed in Section 6 (a) above and within the t1me
I l!ait contained in Section 6 (a) above, then in such an event
I all outstanding unpaid ~netarJ obligations b, this City
in~ol~ed in Section 3 (b) shall forvith be deemed satisfied,
discharged and paid in full.
7. That the reserYations and restrictions set forth
in Tropical Isle De~elopment Co.'s Petition for annexation
I as Amended which is ..rked -Exhibit C· in sald petit10n is
I bereb1' ratified,appro~ed and affirmed.
I Passed in Special Session this the 14th day of Jul"
A.D., 1956
; ¡.;
~ Mike Yarga tea
fLU OK
ATTEST:
IS~ R. D. Worthing
1ty Clerk
Coaaissioner Snow aoved for adoption of Resolution No.
1018 on First and Final ReadiDg. Kotion was seconded by
Co.miss1oner Barrow and'unanimous11' carried.
i
HeeUag adjourned.
. .
/sl R. D. Worthing
CU1' Clerk
APPROVED:
HÀXUK
¡
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It was reported that, 'according to the Arã\itect and City Attorney.
all of the bids were in accordance with specifications furnished and
-all have furnished a satisfactory bid bond.
Mr. Avery then moved that the bids be qiven to Architect Hanna
for his study and recommendation and presented to the Council not
later than their meeting of May 13th. '!'he motion was seconded by
Mr. Barrow and carried unanimously. ~
G.b. ~e Council was informed that an application had been received
for water service to be furnished to Lot 24, Lake Shore Estates.
That the Water Superintendent, Mr. Paul Nicolls, advised that there
was sufficient water supply in that area, further, that the applicant
had executed an agreement Whereby said Lot 24, Lake Shore Estates may
be annexed to the city if and When such land becomes annexable by
virtue of being contiguous to the city's corporate limits.
Mr. Woodard asked if there was a current list of such agreements
for annexation so that the city will be aware of same when these
properties become contiguous, and was informed by the City Clerk that
tr.ere was such a list.
Mayor Dietz asked if, in th~ future, the wording could be changed
from when the property becomes contiguous, to When it is legally
possible to incorporate them.
Mr. Talbot moved that the application for water service to Lot 24,
Lake Shore Estates be granted, the motion being seconded by Mr.
Woodard and unanimously carried.
6.0. It was reported that the owner of Lot 79, Tropic Isle Subdivi-
sion claims that condition nf South Grande Canal is such a8 to pre-
vent boat landing at his dock, and it was suggested that this matter
be referred to the City Manager and City Attorney for their review
and determination as to the responsibility for the maintenance of
said canal and all other canals in said subdivision, it being so
moved by Mr. Talbot. The motion was seconded by Mr. Avery and éarrief.
unanimously.
6.d. Concerning final construction plans and specifications for
Sewage Works Project, Mayor Dietz said that as far as he is concerned
he thinks the plans are all righ~. but since the state approved a
previous plan which is now obsolete, and is replaced by the present
plan, that the City must be sure that the state approves the present
plan. Mr. Avery informed the council that Mr. Lee of the state Board
of Health said they were not interested in the length of outfall pipe,
they were interested in Where it went, and their stipulation was that
it would be to the Gulfstream and ninety feet deep. Mr. Clifford of
Russell & Axon said that there had been verbal approval of the pre-
sent plans and that written approval would be obtained.
Mr. Avery then moved that the Council approve the final plans and
specifications of the Sewage WOrks Project, subject to written ap-
proval of the State Board of Health on the change. The motion was
seconded by Mr. Woodard and carried unanimously.
City Attorney Adams reported, concerning the exchange of two par-
cels of land in Block 14, where a sewer lift station is to be placed.
that the title to the city property is satisfactory, and that there
has been an agreement made with Mr. Evans to postpo.cae the closing
for ninety days during which time the title will be quieted.
6.e. Concerning possible expansion of the City Nursery qrounds, the
City Manager reported that Lots 36, 37, 43, 44, 50 and 51, Sundy &
Tenbrook Addition could be purchased for $500.00 per lot plus city's
share of closing costs, if all of said lots were purchased.
City Attorney Adams suggested getting the seller to furnish title
insurance and the necessary documentary stamps on the deeds. also a
proration of the taxes, Which is normal procedure in the sale of
property. -6- 4-22-63
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Mr. Woodard moved that tSOO.OO be appropriated from the Street Main-
tenance Fund No. 910-32l-526 and that the work be ordered to be per-
formed. The motion was seconded by Mr. Barrow and upon call of roll,
Mr. ),veryï Mr. Barrow and Mr. Woodard voted in favor of the motion
and Mr. Tl'Ilbot abstained from voting. -
6.b. The City Clerk reminded the Council that they had recently
directed the City Maneger and City Attorney to investigate the problem
of maintenance of finger canals within the City, that under date of
May 9th, the City Attorney furnished Council a report thereon for the
purpose of aoquainting Counoilmen with the problem, and further,
suggesting oertain courses of action as a result of contacting some
neighboring oities relative to their experience with similar problems.
Tbe City Clerk read the following memorandum from City Engineer
Fleming to City Manager Holland ooncerning the maintenanoe of finger
[ canals, dated June 10, 1963.
"Subjeot: Maintenance of finger oana1~
As suggested in the City Attorney's memo of May 9, 1963, an
attempt has been made to estimate the annual cost of maintenance
of the subject canals
Without extensive sounding and measurements, it is extremely
difficult to estimate the quantity of fill whioh has drifted
into these canals. In addition to the sand whioh has been
oarried into the oanals by tide and wake aotion, there is
also a great deal of fill which has seeped under the seawalls
and they are, in many oases, badly undermined.
Assuming that the major portion of the till would have to be
handled twioe, that is, it would have to be loaded onto a barge
And then hauled to another location for disposal, the following
equipment would be required: one ðerrick barge with operator
and orew @ $30 per hour, one tugboat withorew @ $10 per hour,
one dirt hauling bårge @ '1 per hour; total hourly cost ~4l.
These figu:.es are as furnished by Po~ell Bros., Contra?t?rs.
Using the above figures, it is estimated that the annuAl cost
for cleaning the city's 38 finger oanals would lie between
~30,000 and ~40,ooo per year.
The cost of repairing undercut se~wa11s by using gypsum bu1k-
heading material driven 18 inches into the canal bottom along
the inside ( or the water side ) of the seawall, and the area
between the bu1kheading material and the seawall filled with
ooncrete, including the use of a jet pump behind the seawall
to make sure of proper fill, would be approximately $1 per
toot. There are several looations where the seawall appar-
ently is in need of repairs at the present time. However,
it is impossible to state how much additional repairing of
seawalls should be performed without underwater probing.
There is a total of approximately 90,000 lineal teet of sea-
wall involved, and it is logical to expect that the maintenance
of these seawalls would add another $20,000 to the total cost
of the maintenance of the subjeot finger oanals eaoh year. II
The City Clerk then read the followin~ letter from the Tropic
Isle Civic Association, Inc., dated June 1 , 1963.
"Subject: Maintenance of Canals
Dear Gentlemenl
You will recall that Captain Cornelius Knox, 911 Bolender, Tropic
Isle, requested that the City take whatever steps may be nec-
essary to alleviate the impossibility of acoess to his property
by boat.
The Council, upon reoeiving the request, ~sked the City Manàger
and the Oity Attorney to investigate the problem of maintenance
of finger canals in the city. The results of this investigation
(5) 6-24-63
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.18
we~e transmitted to the Council in a letter dated May 9, 1963
and signed by John Ross Adams, City Attorney.
The essence of Mr. Adams' report suggested three possible
alternatives in respect to the maintenance of the finger canals.
I
The officers and directo~s of the Tropic Isle Civio Association
believe that the problem submitted by Captain Knox is a speoific
and individual problem, and beoause of special ciroumstances,
should be t~eated separately from the overall question of
maintenanoe of the finger canals.
We (the Tropio Isle Civic Association, Inc.) question the
accuraoy of the following statement in Mr. Ad~s' letter -
'The problem in the South Grande Canal is that the prevailing
winds and wave action have oaused an accumulation of sand
toward the butt end.' It is our belief that the special drain
installed by the city several years ago contributes substantially
to the accumulation of sand at the west end of the canal. It is
believed that this drain se~vices the land west of the end of
the canal, and possibly west of the Fede~al Highway. This
latter area is not within the confines of the Tropic Isle
Sub-Division.
We recommend that the city have a qu~lified engineer determine
the cause of this excess sand in the west end of the canal;
this is the specific problem which occasioned Captain Knox's
complaint. If it is ascertained, as we believe, that the city.
installed. drain is the majo~ factor, then we feel the city
should·correct the condition as a separate and distinct problem
of responsibility. The second problem is that of overall
maintenance of the finger canals in the city of Delray Beach.
There are some 39 finger canals in the city. However our
primary concern is the 21 canals in the Sub-Divis\on ot Tropic
Isle. We are not certain that the circumstance of annexation,
legal responsibility and conditions of annexation were the
. same for the finger canals that are outside of Tropic Isle.
Our contentions concern only the 21 in Tropic Isle.
The Tropic Isle Civic ftssociation, Inc. legally represents
more thãn 42$ of the 661 lots in the sûb-division. The Associ-
ation has 125 dues paying membe~s. Many of these members are
multiple lot owners.
The Tropiê Isle Civic Association, Inc., represented by the
officers and Board of Directors, has studied the three qlter-
natives for maintenance of the finger canals as proposed by
Hr. Adams. In a vote talten on Tuesday, June 11, the Directors
unanimously voted for alternative number 1. This alternative
states: 'Create a waterways department for the maintenance of
canals and waterways which have been dedicated for public use,
and finance the ope~ation of this department from the Gene~al
Fund.' The reasons for favoring nUmber 1 are briefly summarized
as follows: J
1. Legal responsibility for City maintenance exists based on the
written terms on the plats acoepted by the city. The waterways
are 'dedicated' to the use by the publio.
2. Tropio Isle property. is assessed on the basis it is waterfront
property. Probably 90~ of the lots are on water.· In return
for this higher assessment, maintenance is both logical and
expected. . .
3. City has an implied responsibility beoause, at the time of
annexation, it did not ~equire a bond to assure the executlon
of oertain promises, assurances and proposals on the part of
the developer. It is our understanding these promises. assur-
ances and proposals were never executed completely (i.e. sea
walls, eto.) . -
4. The Association does not feel that the'serVices provided by
the city are commensurate with the tax load carried by the ..
residents and p~ope~ty owners of Tropio Isle~ (I.e., inadequate
police protection, cutting of weeds etc.} .
(6) 6-24-63
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For these reasons, the Association strongly recommends that the
city adopt alternative #1 as outlined in Mr, Adams' letter, We
believe that our waterways Should be properly maintained for
in our opinion, as a natural attraction they are second only
to our ocean beaoh.
In a letter from Mr, M. C. Fleming, City Engineer, to City
Manager Holland, dated June 10, the maximum costs to the city
to maintain 39 finger canals and 90,000 feet of sea-walls is
estimated at ~60,OOO per annum.
We submit that the maximum estimated cost, based on Mr, Fleming's
letter would be ~31,~00. We arrive at this figure by computing
the cost per canal (~60,000 divided by 40 canals) as $1500 per
oanal per year. Since there are 21 canals involved, the maximum
r estimated cost would be $31,500 ($1500 x 21 canals), It shou~d
be kept in mind that this is a maximum figure, according to Mr.
Fleming.
Also, we feel that it would probably be unnecessary to do this
work yearly. If it were completed every third year, the annual
cost would be only $10,000 to ~11,000 per year, It may be felt
by some that the work would only be required every five years,
In this case, the Rnnual cost would be only ~6,000 to ~7,OOO
per year, .
In conclusion, the City of Delray Beach approved and accepted
the final plats of the First, Second, Third and Fourth SectIons
of Tropic Isle as submitted by the Sub-Dividers. By acceptänce
of these four plats, the City entered into four legal contracts,
In these four contracts, the City permitted and accepted the
dedication of the waterways to the public, Consequently,
through the generosity of the Sub-Dividers, these w~terways h~ve
been the property of the City since the time of the acceptance
dates on the four plats, The proper maintenance supervision,
and beautificntion of these waterways through the intervening
years has been and continues to be both a legal and moral
responsibility of the City of Delray Beach to the granting sub-
dividers, the property owners of the four sections of Tropic
Isle, and all the residents of Delray Beach.
It is our opinion that the management and maintenance of the
city's waterways in Tropic Isle have a definite legal priority
over several projects the city is now maintaining. Since
annexation by the City, some six years ago, to our knowledge,
the City has spent nothing for the maintenance of t~ese c~nals.ß
Vice Mayor Avery asked the City Engineer if there was a sand
trap in the storm drain emptying into South Grande Canal that was
referred to in the preceding letter to which the Engineer replied
that the catch basins have sand traps in them, however, thAt the
. installation of this storm drain was for the-purpose of avoiding'
putting sand into the canal, that the sand had been flowing into an
( -- open ditch from both sides and entering into the catch Dasin And
I then into the canal prior to thè installation of the drain,'-That
¡ said drain Showed on the original plat of Tropic Isle and that the
developer had been derelict in installing same,
i Mr. Woodard asked City Attorney Adams: "ls your conclusion the
\ same as those who are represented here in this Tropic" Isle Civic
Association letter that when the City approved the plats, we, in
essence, ~ccepted the responsibility of maintaining these canals, and
if so does that also include the seawalls along the canal, and if so
does our responsibility for canals and seawalls correspond to our
responsibility for ~laintaining streets and other public access
arteries?"
City Attorney Adams: "I'll go back to the three alternatives
that I suggested as possib~e alternatives, 1. To create the Water-
way Department and operate it out of the general fund. 2, To create
a Waterway Department but finance the dredging activities by special
,assessments against the abutting property owners on the basis of
special benefit, 3. Abandon and vacate any public interest in the
finger canals presently dedicated to the public and make it a future
policy not to approve plats with finger canals dedicated to the publi~
(7) 6-24-63
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00.
The theory behind this alternative would be that it would be unlikely
that the public would ever have the occasion to use these finger
canals for boating.
Further, as far as the legal responsibility when the City ap-
proves a plat, I believe it is covered by a State Statute 111.10, a
portion of which reads as follows: 'However, such lipproval shall'
not bind the County Commissioners, Town Board, City Councilor Board
of Commissioners to open up and keep in repair any parcels dedicated
for public in any map or plat so offered, but they may exercise such
right at any time. ,II
Vice l~yor Avery asked if the Council wanted to consider the
sand condition in the South Grande Can~l separately or consider it
in the overall canal progræn. During discussion the Councilmen in-
dicated that they felt the developer, instead of th~ City, was re-
sponsible for the sand condition in said canal, as Ii result of the "
drain not being installed sooner. J
Mr. Woodard said that he would like to determine the City's
responsibility. That there is a problem that not only involves Tropic ¡
Isle, but involves the policy regarding all finger canals and canals )
in general. ~~. Telbot suggested contacting other towns to find out
their method of taking care of this type of problem. City rlttorney
Adams informed the Council that he had contacted three different towns
that each handled it in a different way, and that he feels the Council
can legally abandon public use in the finger canals but that would be
a policy decision. Further, that finger canals are relatively new
in Florida which is one of the reasons it is not too easy to solve
as they are just now beginning to create problems.
Mr. Avery said he felt that the maintenance of these canals was
a city problem, as it would be impractical for ~n individual property
owner or group of property owners abutting a canal to cope with it,
but as to how this problem is solved would have to be decided by the
Council. It was brought out that waterfront lots carry Ii factor of
higher assessed valuation for tax purposes.
Mr. J. H. Scheifley, President of the Tropic Isle Civic Associ-
atiQn, said there are some general conditions concerning Tropic Isle
that should not be overlooked~ Th~t potentially Tropic Isle is one
of the most desirable living areas in the State of'Florids, but at
the present time the South half is more or less stagnant and that it
will not grow and develop if it remains as it is now, further, that
the residents feel that the developer of Tropic Isle will not do any-
thing to improve the condition there, and that it would be too much
of a financial burden for individual property owners to do anything
about it. That the Association is looking to the City to ta!,e the
initiative to do something about it as it is to the mutual benefit
of the City and the property owners. That the Assessed Valuation of ,
Tropic Isle is approximately 5~ of the assessed valuation of the City
of Delray ~each. That with only 60 homes on 662 lots there is a
potential or increased valuation and mutual benefit. ~~. Scheifley
said that the Association has been getting 100~ cooperation from the
City and that he believes that according to the fine print on the
Tropic Isle Plat, and the Association had been advised, that legally
the City could be compelled to comply with the terms or the plats as ì
they were accepted, that they do not want to go that far, but they
do feel that there is no question about the obligation of the City, J
and that the City must take the initiative in this case or the South
half of Tropic Isle will still be swamp land ten years from now.
Mr. Woodard suggested that a committee be appointed to study this
problem and oome up with some specific or alternative reoommendations.
City Manager Holland agreed that this problem needed further
study and that information be obtained from other towns who have the
s !'Ime problem. - -
Vice Mayor Avery said that he would like to-appoint ä committee
as suggested consisting of City Manager Holland as Chairman, Mr. J.
H. Scheifley, and Attorney Henry D. Crowley of Tropic Isles, Mr.
Woodard of the Council and a member ot the PlanninßIZoning Board,
said member to be selected by their Board, it being 80 moved by Mr.
Barrow. The motion was seconded by 11r. Talbot and oarried unanimously
6.c. Concerning consideration tor possible sewer system service to
South Point Shopping Center, City Clerk Worthing resa the minutes of
a meeting with South Point Shopping Center representatives ot Sep-
tember 5, 1962.
(8) 6-24-63
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nance and convey their thinking in the matter to the Council.
Mr. Saunders moved to authorize that ordinance No. G-524 be
bre~gh~ up for public hearing and second reading on Monday, Marcþ
9t~, 1'64, the motion being Hconded by Mr. Croft and unanimous~y
carri. d. . -. -
9. City Clerk WOrthing read the following report from city Attorney
Ad~mli!f·dated February 7,1964:
!IRe: Maintenance of Finger Canals
This letter ia responsive to your request that I render an
[ ~nterim report on the City's legal responsibility for the
~aintenance of finger canals.
'1'0 refresh yOur memory in this matter, the problem was brought
to the attention of the COuncil by a request from a resident
ot 911 Bolender Street (Tropic Isle) that the City take the
appropriate steps to alleviate the impossibility of access to
his property by boat.
The City Manager was then instructed to investigate the pro-
, blem, and following his study together with the City Engineer,
I wrote a letter to the COuncil on May 9, 1963, explaining
three alternative corrective procedures for the area in general.
A letter was ~enreceived from the Tropic Isle Civic Assoc-
iation to the effect that the resident who filed the original
request had a specific and individual problem which should
be handled separate and apart from the general problem.
.
As a result of the Assóciation'. letter, a committee was
appointed by the COuncil consisting of the City Manager, the
City Clerk, former COuncilman Woodard, Mr. James Scheifley and
Mr. Henry Crowley. I attended the committee meetings in the
capacity of legal adviser to Chairman Bolland. '!'he com&t\i ttee
decided that'the first step should be to contact the Executive
Secretary and Legal Counsel for the Florida League o£ Munici-
palities. I wrote each of these gentlemen requesting inform-
ation as to What methods other cities have resorted to in
solving the problem. Copies of the replies which I received
were forwarded to the committee members, and are attached to
this letter for your information.
I attended a seminar in ~mpa on this subject on october 28,
l 1963, and though I have reported to the individuals on the
committee, I have never submitted a written report to either
the committee or the Council. A great number of the city
attorneys throughout the state were present at the discussion,
which was moderated by the attorney for the City of Ft. Lauder-
dale: and apparently no city in Florida has undertaken the
responsibility for dredging or deepening finger canals. It can
be safely stated thåt even though a city apprõves a plat de-
dicating a finqercanal to the public, the city can still re-
fuse to accept the dedication, and can refuse to expend funds
for dredging them. In the event the Council should decide to
undertake this responsibility it will be a pioneer venture in
the state. In MY opinion, the city charter gives the council
. the right to expend public funds for the maintenance of these
canals, but in the event ~h. COuncil should Wi8htopartially
finance the work by special assessments, I am of the opinion
that our charter should be amended to expressly provide for
such authority a. is the case in constructing·drainage and
street improvements.
-11- 2-10-64
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f
~. 240 -..-
-The next step is seemingly a policy decision, and perhaps
you maY,wish to obtain an up-to-date report from the committee
before taking action. You may a180 wiah to again contact the
property owner at 911 Bolender regarding his problem which
.eem. to be different from the general Tropic Isle area and
other areas of the City which might be affected." .
Mr. Barrow moved that an up-to-date report be made to the
Council at their next regular meeting by the Committee appointed to
study the maintenance of finger canals. The motion was seconded by
Mr. Talbot and carried unanimously.
lO.x. 1. City Manager Bolland informed the Council that Mr. Gilbert -
Clifford, Who had designed the bridges over the C-15 Canal, desires
part payment on the work that he has completed, and has· presented a
bill in the amount of $3,643.62. The City Manager said he was in
agreement with the City Engineer in advancing Mr. Clifford $2,000.00
which represents 55% of the Contract, further, the contract is so
worded that the City cannot pay Mr. Clifford until the job is com-
pleted. It was explained that the mohey for this job was provided
by the central and SOuth Florida Flood Control District and is being
held in escrow by the City.
" Mr. Croft moved that $2,000.00 be advanced to Mr. Gilbert
Clifford toward the engineering fee for the C-IS canal bridges. The
motion was seconded by Mr. Talbot and unanimously carried.
10.x. 2. City Manager Holland informed the Council that there was
a considerable amount of surfboarding at the beach, and as he felt
this activity was hazardous to other people using the public beach,is
considering restricting the surfboarding to a certain area. Further,
that since he felt there would be complaints he wanted the Council to
be aware of his plans and to know whether or not they had any objec-
tiortsto this change of policy.
Mayor Avery said the Chair would entertain a motion authorizing
the policy that the City Manager be allowed to restrict the beach for
specific recreational purposes, specifically surfboards, it being so
moved by Mr. Barrow. The motion was seconded by Mr. Saunders and
carried unanimously.
10.x.3. City Manager Bolland informed the Council that the Delray
Beach Radio Club, headed by Mr. Charles patillo, had become too large
an organization to continue in the office provided by the City at the
Police Building, and had obtained permission to use a building owned
by Mr. LeRoy Croft. The City Hanager ..id this Radio Club was an
asset,as far as the City is concerned, with their short wave activity
in the Civil Defense setup or in case of any disaster, further, that
the Club is desirous of the City furnishing the water and electricity
for their operation.
Following discussion, Mr. Talbot moved for approval of payment
of the wàter and light bills for the Radio Club for Civil Defense
purposes, the motion being seconded by Mr. Saunders and unanimously
carried.
IO.x.4 City Manager Holland referred to the tollowing letter from
Russell & Axon Oonsulting Engineers, signed by Mr. Frank T. Osteen,
Jr., and dated February 4, 1964:
I "Subje~t: R.vi~ion of engineering 8upervision contract.
!
W. beli~ve it to be to the best intereat of the City of
I Delray Beach to increase the amount of resident inspection
of the sewage WOrks Project. we also believe that it will
be necessary to provide personnel with qualifications higher
than anticipated initially. This will, of course, entail
additional costs to our firm which we had not anticipated
-12- 2-10-64
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~ _ 3310 --
8.l. city Clerk WOrthing read ORDINANCE NO. G-539.
AN ORDINANCE OF' TBB CITY COUNCIL OF THE
CITY OF DELRAY BEACH, PLORlDA, AMENDING
SBC'l'ION 16-13, CHAP'l'ER 16 OF THE CODE OF
ORDINANCES OF TRIS cm PRESCRIBING AN
ADDITIONAL PREREQtJISI'1'E PeR OBTAINING A
CITY OCCUPATIONAL LICENSE AS A GENERAL
CON'l'RACTOR, SUS-CONTRACTOR, SPECULATIVE
BUILDER, ELECTRICAL CONTRACTOR AND PLUMB-
ING CONTRACTOR.
During discussion, Mayor Avery pointed out that the County has
certain prerequisites before their contractor's and builder's licenses
can be issued, and the passage of this Ordinance would be an assist-
ance and protection to the City.
Ordinance No. G-539 was unanimously placed on first reading on
motion by Mr. Saunders and seconded by Mr. Barrow.
! 9.a. Concerning maintenance of finger canals, City Clerk Worthing
¡ read the following three reports:
Report No.1, dated April I, 1964 and signed by R. J. Holland.
John Ross Adams, Mark C. Fleming and o. W. Woodard, Jr., is as follows:
"The Finger canal Committee IHt on Monday, March 30th. Members
present were Mr. varney, City Manager, City Bngineer and myself.
Mr. Crowley was not available. Our recommendation to the City
Council is as follows:
l. That the City Manager's recommendation, contained in his.
letter of March 6th to the Council relative to maintenance
of finger canals, be accepted, that being that the city not
undertake the endless and cost prohibitive project of main-
taining the City's canals.
ì While the City Administration is confident, from its legal re-
I search, that the City has no legal responsibility to maintain
j these canals (Plorida statute. 177.10), the minority of the
I
I Committee, Mr. varney and Mr. Crowley, would like to go on re-
cord as feeling the City does have this responsibility.
2. In accordance with the City Engine.r's memorandum of March
18th relative to one specific problem, that the City Council
may wish to consider taking corrective action regarding removal
I of fill from the west end of the South Grande canal, it is the
I Committee's feeling that this fill resulted from a previous
I
! drainage problem' further. that the City, if it wishes to con-
i sider removal of this fill, should do so with the clear under-
, standing that this is a unique situation and that in doing so,
I we would not be establishing a precedent for other areas. The
City Engineerls estimate of the cost involved in removing the
¡ estimated 1,095 cubic yards of material by City forces is $1,268,
i or approximately $1.16 per cubic yard. 'this involves the use of
ì
the City'. motor crane and three trucks for a period of seven
working days.
Inasmuch as the City has a use for the fill, by deducting the
value of the fill material from the total cost of the project.
we estimate in actuality a coat of approximately $550 would re-
sult from removal of this material.
3. We further recommend that the Committee explore the possibi-
lity and the desirability of encouraging maintenance of eXisting
-14- 4-13-64
------..-- ---. - ---- - -~----- ~.-.- -- -------- --------~- ,---
..
'337~
"seawalls and construction of seawalls where they do not
exist. We feel that these unprotected land areas erode
excessively and in dOing 80, fill in at an excessive rate.
It is hoped that by encouraging seawall construction. pro-
perty owners will realize a greater value for their pro-
perty. "
Report No.2, signed by the Committee Minority, John E. varney an0
Henry D. Crowley, is as follows:
"Minority Report of the Committee To Study Ways and Means
Por Maintenance Of Finger Canals Within The City Limits of
r De1ray Beach In The Tropic Isle Sub-Division.
Ihp Committee Minority is cognizant of a Report dated March
6, 1964 relative to this subject which was submitted by the
City Manager R.J. Holland. This report purports to develop
~tems not covered in the City Managerls report with a view
toward giving the Mayor and City Council additional information
upon which to base their opinion. The following items are
submitted for consideration:
1. The City of Delray Beach approved and accepted the final
Plats of the 1st, 2nd, 3rd and 4th sections of Tropic Isle
as submitted by the Sub-Dividers, and thereby entered into
four legal contracts which permitted and accepted the dedica-
tion of the waterways or Canals within that sub-division as
dedicated to the Public. At the time of annexation the City
did not require a Bond to assure the execution of certain
promises, assurances and proposals on the part of the Develop9~.
The Waterways or Finger Canals under discussion have been- the
property of the City since the acceptance or contract date on
the four above mentioned Plats. It would seem, therefore, that
the City is legally responsible for the maintenance of those
waterways or Finger Canals.
2. Assessments of waterfront property in that area are higher
than on property without waterfront and it is assumed that the
higher taxes entitle the waterfront property owners to main-
tenance by the City of the Canals to a depth which will permit
small craft to moor at the property ownerls dock at all tides.
3. The average depths of the Canals under discussion have
been relatively constant for several years where there are
properly installed and maintained seawalls. It should be
noted here that the installation and maintenance of seawalls
is the responsibility of the property owners whose property
fronts on the canals.
4. Presently the only known area where insufficient docking
depths exists is at the west end of South Grande Canal which
lies between Bolender Drive and Tropic Blvd. In this instance
a storm sewer drain pipe empties into the canal at is west
end and has deposited so much soil and sand that the canal
bottom is exposed when the tide is less than at low water.
This, of course, precludes docking small craft in that area.
creates a health hazard and is quite odorous. This is con-
sidered a City responsibility warranting immediate correctio~.
5. The reported water depths in the middle of the canals
average six to seven feet at mean low water and this depth has
been constant for several years and will probably continue to
remain 80 barring such instances as the foregoing. under norma],
conditions most erosion materials have a tendency to drain off
-15- 4-13-64
"f"-,--.------ - ___.'n_ --'------~---.,,-----~ .----- --~_~_r___-____=__ -- ---,---~------ -------------------------
~ __ .33?
.
5 conttd"the canal bottoms into the Intra-Coastal waterway
with the ebb and flow of the tides for the bottom of the
Intra-COastal is 80me five to six feet below the bottom of
the canals.
6. It is not considered necessary to dredge any of the canals
referred to herein at this time with the exception of the west
end of the South .Grande canal and it is the consensus of the
Committee Minority that based on the constancy of the depths
at which the other canals have remained for the past several
years and their drainage into the Intra-Coastal waterway that
there should be no need to dredl}$ the length of any canal and
that probably the only maintenance required will be in spot
ereae such as the foregoing instance.
7. The following recommendations are submitted:-
a. COncerned tax-payers. it would seem are entitled to
have the depth of the canals in front of their seawalls
'maintained by the City so aa to permit mooring small craft
to their docks.
b. The west end of South Grande canal should be immediately
cleaned out to permit the mooring of small craft in that
area and also to alleviate a health condition which has
been created by the City storm-sewer draining into the area.
c. A study should.be made by the City Engineer Dept. as
to the amount of spoil the sewer drain is depositing and
remedial measures taken if necessary.
d. A study should be made by the City with a view toward
developing ways and means for completing the installation
of seawalls the entire length of all canals in this area,
in order to minimize the amount of erosion into the canal."
Report No. 3 by City Manager Holland, dated April 10, 1964,i8
as follows:
"Subject: Finger canal Committee Report
Upon receipt of the attached report from Mr. varney and Mr.
Crowley regarding their contention that the city is obligated
to maintain finger canals and further. that they recommend in
Point (6) 'It is not considered necessary to dredge any of
the canals referred to herein ~ this time with the exception
of the west end of the South Grande canal', we do not feel
eafe in recommending to the Council that the west end of the
South Grande Canal be dredged.
we feel if the City should undertake this. such action would
be construed as accepting the responsibilities for canal main-
tenance.
The committee report. as submitted by the City Manager under
date of March 6th, indicates the cost prohibitive nature of
this project and the legal facts relating thereto."
There was lengthy discussion concerning the storm sewer drain
that empties into the west end of South Grande Canal, and City Engi-
neer Pleming explained the manner in which the drain had originally
be~n installed,which caused much soil and sand to be deposited in
the west end of said canal. further. explained that since the storm
sewer drain he IS been properly installed .there is no longer a dèposit
of sand in~ the canal from same.
-16- 4-13-64
l.. _ ----------,,- --" -- - ----.
~-~ -.--
-: -- ---
ð37-1..
.
It was questioned as to whether the City would be setting a
precedent in canal maintenance if they did clean th~ west end of the
South Grande Canal, and City Enqineer Fleming commented as follows:
"As 1:0 the obliqation which the Council might take upon itself if
th.y should decide to clear the canal at this point, I can say that
when they built the Pederal Highway through the City, the contractor
caused sand to drain into the Intracoastal waterway, forming a fill
in the Intracoastal waterway. '!'his, he was obligated to remove at
his cost, which seems a comparable situation to that of the City
having the developer or representative of the City having caused this
to enter into the canal. they could, without prejudicing their action
toward regular maintenance of canals, cause that to be removed."
r Mayor Avery referred to Report No.1, and a quoted cost of
appro~imately $550.00 for removal of said material in the west end
i of S0'lth Grande canal, and asked if there was any way this money
I
I cOuld be obtained from the developer of ~ropic Isle Subdivision. as
I
said condition had been caused by his negligence.
City Engineer Fleming commented as follows: "We did withhold,
I believe, a portion of payment of the water lines, which we are still
paying from a part of the water revenue received from the subdivision
to the developer. We are still making payments to him on that. If
that can legally be withheld to defray the cost of this expense, I
think we can do it that way."
Mayor Avery asked the City Attorney if money could legally be
withheld to defray the cost of the expense of removinq said fill
from the canal.
City Attorney Adams said he would like to reserve the right to
answer said question at a later meeting. but the City would have to
show there was 80me kind of negligence on the part of the developer
which resulted in damage to the City.
It was explained that if the City did this work, the $550.00
would not have to be appropriated from any fund as the money wðs
already budgeted for men and equipment and they would be used to do
that work in preference to some other City work they may be doing.
City Attorney Adams reported that from all information received,
there is no City in Florida that has undertaken the maintenance of
finger canals. Further, he did not believe the cleaning of the
west end of South Grande Canal could be considered as the maintenance
of a canal, as this was a unique condition.
Mr. Croft inquired about the approximate portion of finger canals
that did not have seawalls, to which City Engineer Fleming said ap-
proximately 20 percent did not have.
Mr. John E. Varney commented at length concerning the condition
of the west end of the South Grande Canal, and said if it was cleaned
out. he did not believe it would get in that condition again since
the storm drain had been properly installed. Mr. Varney informed the
Council that there were three lots at the end of the canal, that said
lots were not built upon, and would probably not be able to be sold,
or at least built upon, until the condition of the canal had been
improved.
Following lengthy discussion, Mr. saunders moved to accept the
majority report, which is referred to as Report No.1, and clean out
said canal at a cost of approximately $550.00, that being the extent
of work on canals. The motion was seconded by Mr. Talbot.
Mr. Avery said it had been moved and seconded to accept the
majority report which would provide for not acceptinq any responsi-
bility in the maintenance of finger canals in the future, but would
provide the dredging out of the South Grande Canal due to fill caused
by a storm drain, and not to be construed as canal maintenance.
It was pointed out again that to accomplish this would not re-
quire any transfer of funds.
Upon call of roll, the motion carried unanimously.
-17- 4-13-64
-
~
-
.
it3
.
MEMORANDUM
TO: Mr. J. Eldon Mariott
City Manager
FROM: Mr. J. Lemuel Brawner .'
Assistant City Engineer .,
DATE: May 18, 1977
SUBJECT: Canal Maintenance - CR-#1074
This office has had calls from a few residents who
own property on a canal inquiring about canal main-
tenance responsibility. Inasmuch as this City has
never taken a definite stand in this regard, I
referred this question to the City Attorney.
Mr. Roger Saberson responded to a similar ques-
tion in his memo dated February 23, 1977 attached,
advising that the city should not be involved in
attempting to resolve the problem of canal main-
tenance.
J
JLB:mrc
Attachment
([it~ 11f ¿t1clrèt~ ~£nclt .
305/278-2841
flORIDA 3344-4
J tlo')'\. ·...:..;¡·OTT MMES >t. $C>t(IFUV. "''''''C)III
elT" :-"':"..':'(",£51 MROIIII. ~$C)I\ .IV. VICtU£'
bt" t. GOMER.,. JR_ COVl\CIl
O"'VID E. ..ANDOl..... C()UIIICtL'
, February 23, 1977 UOoI U. WEE ICES. COU'IICILU""
.
MEr-¡O .' .
.,
TO: LEM BRAWNER
FROH: CITY ATTORi'œY SABERS ON
:
SUBJECT; BARRICADE BLOCKING HUNGERFORD CANAL - TROPIC -
PALMS SUBDIVISION i:
'.
Dear Lern:
With reference to your memo of February 14, 1977, I would advise you
that it appears to me that the City should not be involved in attempt-
ing to resolve this problem.
.
.As you indicated' to me in our conversation the other day concerning
this subj ect, tþ~ City dc;>es ns>t n9:W an.d never has assumed any ·mainte-
nance authority over '"this canal.~ _ This being so, the rñáintenance re~
sponsibilities h~in all probability been amicably handled by the
property o\'mers living in the Tropic Palms subdivision. J: would
recommend to you that you leave the resolution_of this pr~b-iem also
fOB1 ropert owners--in this area. Although the plat you sent to
me does indicate that the canal is dedicated to public use, it may be
as you indicated that the reason for the barricade is to alleviate
some problem in.·,the area ·other. than simply to restrict access to and
from the lake for fishing.
.
RS:shm '.
.
.
'.
.
.
.
.
! ,
.
.
.
I , --------- ~-.,., ~~.."..°i
¡ ! ------- .~... "~,.,. ~ 40/ I
--_ ....... _.' 0 .-;:'t <oa
c.~ffA£1 w/~ '1-.4!~
t. ~/ \v'1'l Robert E. Falor Be Associates Co.
,
REMARKS AND RECOMMENDATIONS
.
. 12 ~iay 1977
.'
..
J. Eldon ~ariott,
City Manager,
Delray Beach,
Delray Beach,Florida 33444
Dear Mr. Mariott~
We here in Tropic Isle ·are having another problem. The 'channels
are slowly filling in with dirt. Vost of it is just fine silt that
is coming from leaking sea walls and a great deal of it is coming
from the drains pipes that are the flood pipes from the streets.
During this past week of very heavy rains one could see th& mud coming
out of the drain pipes.
The channel need to be dredged beforethey get too b3d. I believe the
lot owners should .pay some,if not all" the cost,pror~ted by the water
-". front footage,ancl I do beHeve that t.he city should a1!; pay part of it.
Would you have some one come down at look at the problem and t~en we
car see what all of us can do. Its is not only a boat O'flm:rs headache
but if allowed to fill,it is a définite health hazzard
.
33444
,
THE FALOR AND ASSOCIATES COMPANY, ORGANIZATION. OR ITS REPRESENTATIVES, AGENTS OR EMPLOYEES, ARE NOT TO BE HELD
RESPONSIBLE F'OR ANY INACCURACY. OMISSION. MISSTATEMENT OR ERRQR IN JUDGEMENT. TO ALL INTENT, PURPOSE AND INTEREST.
REPORTS FROM THIS OFFICE MAY BE ADJUDGED AS AN EVALUATED OPINION OF THE ATTENDING SURVEYOR.
REQUEST TO THE CITY OF DELRA Y BEACH TO MAINTAIN
CANALS WITHIN TROPIC ISLE SUBDIVISION
THE TROPIC ISLE CIVIC ASSOCIATION HAS PREVIOUSLY REQUESTED THE
CITY OF DELRA Y TO MAINTAIN THE CANALS WITHIN THE DEVELOPMENT,
ie: CITY ENGINEER RALPH HAYDEN, NOV. 30, 1993 AND CITY MANAGER
DAVID HARDEN, MARCH 15, 1994. IN ADDITION A MEETING WAS HELD
BETWEEN MIKE P AKRADONNI AND DAVE HARDEN IN 1995, TO THE CITY
OF DELRA Y BEACH TO ACCEPT THE RESPONSmILITY OF MAINTAINING
THE TROPIC ISLE CANALS AS A PUBLIC WATERWAY.
IN EACH INSTANCE, THE CITY DID NOT ADMIT RESPONSmILITY FOR THE
CANALS AND STATED AN INFLATED MAINTENANCE COST, WHICH COULD
NOT FIT WITHIN THE CITY BUDGET. IT WAS ALSO STATED, THE CANALS
ARE USED LOCALLY, THEREFORE A LOCAL ISSUE. THERE WAS SOME
DISCUSSION OF THE CITY CONTRIBUTING TO THE SILTING PROBLEM DUE TO
ROAD DRAINAGE. THIS WAS LEFT FOR FURTHER STUDY WHICH THE TROPIC
ISLE ASSOCIATION BELIEVES DID NOT TAKE PLACE. MR. HARDEN STATED THE
RESPONSffiILITY FOR THE CANALS WOULD HAVE TO BE ADDRESSED BY THE
CITY COMMISSION.
WE ARE HERE TODAY TO MAKE THE REQUEST OF THE CITY COMMISSION TO
MAINTAIN THE CANALS IN TROPIC ISLE SUBDIVISION.
1) THE RESPONSIBILITY FOR THE CANALS IS CLEARLY ESTABLISHED IN THE
SUBDIVISION APPROVAL AND DEDICATION OF STREETS AND CANALS
OCTOBER 8, 1956. "AND DOES HEREBY DEDICATE TO THE PERPETUAL USE
OF THE PUBLIC, AS PUBLIC HIGHWAYS AND WATERWAYS, THE ALLEYS,
STREETS AND CANALS SHOWN HERON AND THE USE OF THE EASEMENTS
FOR THE CONSTRUCTION AND MAINTENANCE OF PUBLIC UTILITIES AND/OR
DRAINAGE PURPOSES"
THIS DOCUMENT WAS ACCEPTED BY MAYOR Y ARGATES, CITY ENGINEER AND
CITY CLERK ON OCTOBER 8, 1956.
THIS REFERENCED DOCUMENT IS THE BASIS FOR THE CITY TO MAINTAIN THE
PUBLIC STREETS AND DRAINAGE WITHIN THE SUBDIVISION. THE FACT THAT
THE STREETS WHICH ARE BASICALLY CULL DE SACS AND THE DRAINAGE IS FOR
THE BENEFIT OF THE LOCAL RESIDENTS, DOES NOT REMOVE THEM FROM
PUBLIC MAINTENANCE AND RESPONSffiILITY. THE DEDICATION STATES "AND
WATERWAYS" WHICH INCLUDES THE WATERWAYS IN THE PUBLIC DEDICATION
AND CITY RESPONSffiILITY.THE W ATERW A Y IS A PUBLIC W ATERW A Y AND CAN
BE USED BY ANYONE, SIMILAR TO THE CITY STREETS.
4
2) THE ASSOCIATION IS NOT REQUESTING THAT THE CITY DREDGE ALL THE
CANALS AT ONE TIME AND ASSUME ALL THE COSTS ASSOCIATED WITH
SUCH AN ENDEAVOR. MAINTENANCE IS DEFINED IN THE DICTIONARY
"UPKEEP OF PROPERTY" . IN TillS CASE THE SPOT UPKEEP OF CANAL
DEPTH LOWER THAN 5 FEET AT MEAN LOW WATER. THE ESTIMATE
WOULD BE TWO TO THREE CANALS PER YEAR AND OF LESS THAN 50 FEET
IN LENGTH PER CANAL. THE COST OF SUCH A PROGRAM WOULD HAVE
MINIMUM EFFECTS ON THE CITY BUDGET.
AS THE COSTS ARE ALWAYS CARRIED BY THE TAXPAYER, OUR SUBDIVISION OF
400 HOMES HAS ALREADY PAID MORE THAN THE AMOUNT REQUIRED TO
MAINTAIN THE CANALS. OUR LAND ASSESSMENT IS BASED MAINLY ON THE
LENGTH OF LOT FRONT AGE ON THE CANAL. OUR LAND ASSESSMENTS WOULD
BE MUCH LESS IF THE CANAL ACCESSABILITY DID NOT EXIST. AT TillS TIME
WE ARE NOT RECEIVING ANY BENEFITS FOR THE illGHER TAX RATE. OTHER
CITIES IN SOUTH FLORIDA HAVE SIMILAR CANAL SITUATIONS. WE ARE AWARE
THE CITY OF LIGHTHOUSE POINT DOES MAINTAIN THEIR CANALS. WHILE WE
HAVE NOT INVESTIGATED OTHER CITIES WE ARE SURE LIGHTHOUSE POINT IS
NOT UNIQUE.
THE TROPIC ISLE ASSOCIATION BELIEVES THE DOCUMENTATION CLEARLY
ESTABLISHES THE CITY RESPONSffiILITY TO MAINTAIN THE CANALS. THE
COSTS FOR THIS PROGRAM WOULD HAVE A MINIMUM EFFECT ON THE YEARLY
CITY BUDGET. WE WOULD LIKE THE CITY COMMISSION TO ADVISE THE TROPIC
ISLE ASSOCIATION HOW TO GET THIS PROGRAM IMPLEMENTED.
STANLEY SCHEINBERG, GOVERNMENT COMMITTEE,
TROPIC ISLE CIVIC ASSOCIATION
JUNE 4,1996
U C:!ll 81&';- ~ ~1
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER /,-¡v1
SUBJECT: RESPONSE TO CONCERNS/JOSH SMITH. JR.
DATE: NOVEMBER 8, 1996
Attached is information about what we are doing related to some of
the concerns expressed by Mr. Josh Smith. We will have additional
information available prior to or at the work session.
N5-Jf~
, .,
M E M 0 RA N D U M
DATE: November 8, 1996
TO: David Harden, City Manager ¡j)
FROM: Lula Butler, Director, Community Improvement · ,
RE: Response To Concerns/Josh Smith. Jr.
This is in response to items numbers 1 and 3 of the written concerns given to the Commission
by Mr. Smith. My response is as follows:
ITEM #1: Garbage pickups in the SW and NW sections of the City.
All City residents receive garbage pickup service twice each week. The change to a new
contracted waste hauler did create some missed services, mostly within the first two to three
weeks of their initial service. However, it appears that the service is now being performed as
required in their contract.
Contaminated trash piles are a real problem throughout the area mentioned in Mr. Smith's
comments. The problem is especially intense in the southwest section. The Code Enforcement
Division has been using creative methods to encourage residents to do proper separation of
their vegetation, garbage and bulk items. Although we have made some progress, there is a
long way to go before we can say the problem has been mitigated.
I, too, agree that we have a lot of problems in this area with trash piles. They do not remain
indefinitely; they are picked up each week on the designated day but the frequency of the
reoccurrence of piles is the problem. We are now making personal contact with residents
having contaminated piles. Ultimately citations may be issued because our contracted waste
hauler will not be picking up these piles beginning December 1 st. Our most effective work is
being done through organized neighborhood associations and making door-to-door contact in
affected areas.
ITEM #3: Social outlets for young blacks.
In April, 1995 we organized a youth group called the "The Greater Delray Beach Youth
Council." The idea grew out of the Visions 2005 planning retreat where community leaders
concluded that the youth should be encouraged to become a part of the decision-making
process of the local government. We have approximately 35 youth between the ages of 13 to
17 years old, who meet monthly, to consider business items and participate in a number of
community service projects. Members have focused and defined activities that in their opinion
most youth would participate in if they were available.
David Harden November 8, 1996
What we have learned is that young people need recreation facilities that limit the intrusion of
young adults (18 years old and up) because there is normally a conflict and a negative impact
that parents and teenagers say force them out. There has to be a clearly defined and
enforcement of age associated with recreation activities.
The Youth Council is working on a proposal that will eventually be submitted to the City
Commission on what they have determined as a "Teen Central" which would function as a
recreation facility and as a place where teenagers could interact with their own age group
without the intrusion of young adults. The Youth Council has clearly stated that there is a need
for a recreation facility that they could call their own. At their last conference, they defined the
parameters and amenities that need to be included to address a city-wide need. I have
attached a copy of this report for your information.
LB:DQ
Attachment
JSSmith.Doc (LB)
2
L1Q: I i 7- t ('~
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-- GREATER DELRAY BEACH YOUTH COUNCIL
ANNUAL YOUTH CONFERENCE
"TEEN CENTER CONCEPT"
The following is a summary of the components desired for the proposed "Teen Center."
The information was developed initially through group break-out sessions and finalized
by vote at the final session with all attendees.
BUILDING DESIGN:
Multi-purpose, two (2) story building with consideration of having all recreational
activities on the first floor and educational activities on the second floor. Prefer to have
Gym as central function of the building and sufficient outside area to support field
activity.
CENTER LOCATION:
The group is proposing three (3) sites that should be reviewed and considered. Primary
goal is to have the center at a central location that is within a safe environment, neutral
to the City's diverse community and convenient to get to. Proposed locations by priority
are as follows:
(1) Open Space at Civic Center Site - would require the construction of a new building
to house the components of the Teen Center. This location is considered ideal
because of existing amenities such as the gym, tennis courts, central town location
and the property is already owned by the City.
(2) Seacreast Blvd - across from Atlantic High School - property recently purchased by
the City in partnership with the School Board as additional campus for Atlantic
Community High School. New facility could be designed to function in part as a
Teen Center.
(3) North Federal Highway Women's Club - building and site could be redesigned and
renovated to function as Teen Center.
CENTER COMPONENTS:
1. Recreation:
· Sports - general fields for softball, football, volleyball, track soccer, tennis,
basketball courts, pool.
(T · Fun - game room, big screen TV. stereo, Ping-Pong, pool table, weight room, dance
;"':'.. and aerobics room and a multipurpose room for public presentations and shows.
~
· Field Trips - planned outing for skating and bowling.
""',-.-.-..- ..\ .....~ _..........-.
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Page 2
Youth Conference
Teen Center Proposal
2. Education:
· Computers - training in and homework assistance resource.
· Tutorial Assistance - peer assisted.
· Mentors/Counselors/Mediation
· Field Trips
· Library - general resources
· Dance/Music and Art classes
· College/Career Planning Assistance - assistance with applications, test
preparation and job opportunities.
· Awareness Issues - educational materials and discussions on health, drugs and
sex.
OTHER ISSUES:
1. Transportation - there is a need to have some form of transportation available for
students to access this facility.
2. Implementing a "Membership" requirement. consideration of charging fees or
requiring "on duty" time from members.
3. Requiring a Discipline Contract from each member.
4. Safety and Security of the facility at all times.
.
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[IT' DF DELRA' IEA[H
DElRAY BEACH
f lOll I [) A
tdtd 100 N.W. 1st AVENUE· DELRAY BEACH, FLORIDA 33444·407/243-7000
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MEMORANDUM
1993
TO: David Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Tennis Courts at Pompey Park and Young Adult Athletics
DATE: November 8, 1996
Per your request, the following is a response to Mr. Smith's comments
about the crowded conditions of the tennis courts at Pompey Park. I
myself was not personally aware of any crowding problems, and Ann Green,
supervisor of Pompey Park, is attending a seminar this week. I contacted
Nathaniel Tucker, night supervisor at Pompey Park, who indicated he had
received no complaints and is not aware of any crowding problems at the
tennis courts. I further checked with Dennis Murray, Recreation
Supervisor who teaches tennis to the children in the after school
program, who indicated that the courts do get crowded at times,
especially right after work when many adults wish to play. Mr. Murray
indicated that it seems we get a lot of non-resident play on our courts
who enjoy playing at Pompey Park. I asked Mr. Murray to look into this
further to see if there are any steps we may take internally to ease any
possible crowding that may occur. The courts are lighted and open to the
public until 10:00 PM.
Additionally, the following is information you requested about programs
available through the Parks and Recreation Department for young adults.
Softball - Summer league - July - September
Monday and Wednesday nights - 7:00 - 10:00 PM
7 teams
110 participants
@ Printed on Recycled Papar THE EFFORT ALWAYS MATTERS
-
2
Softball - Fall league - October - December
Monday and Wednesday nights - 7:00 - 10:00 PM
6 teams
90 participants
Softball - Winter league - January - March
Monday and Wednesday nights - 7:00 - 10:00 PM
8 teams
120 participants
Flag Football - Summer league - June - August
Sunday mornings - 8:00 - 11:00 AM
7 teams
110 participants
Flag Football - Winter league - November - February
Tuesday nights - 7:00 - 10:00 PM
6 teams
90 participants
Basketball - Winter league - March - May
Thursday nights - 7:00 - 10:00 PM
8 teams
96 participants
Midnight Basketball
Monday, Tuesday and Wednesday nights - 7:00 - 10:00 PM
100 players
co-sponsored by Pompey Park and MAD DADS
Teen Dances
Saturday nights twice a month - 8:00 PM - 12:00 AM
attendance ranges from 75 - 200
Parks and Recreation
JW:cp
Ref:dhtnsath
· t1tj{ 1 ':J':Jb 02:36 411lL4j{jtlb DEL~AY ~EACH ~UL~ CL r'Al;¡c tJL
I" ~\ I L i n GOlf & Tennis Management, Development & Consultation
\.
1\"1 , I 1t. "
NOV lj 1996
To: Mr. Dave Harden ß- 0,ITy Mð,~ · ~-_,
From: Brahm Dubin ' r' [/'://' i
Date: November 8. 1996
Dear Mr. Harden,
This memo serves to update you on programs that are in place at Delray Beach Tennis
Center which are tailored to the disadvantaged youth of our City.
1. Delray Beach Tennis Patrons had approximately 150 children in a swnmer program.
Many of these children were on scholarship for economic reasons.
2. Mr. Arthur Brown. President of the Delray Beach Patrons brings 8 to 10 children a
week on Thursday nights to our Center, at no cost. These children are disadvantaged
and mostly Black or Hispanic.
3. Mr. Bill Murray brings approximately 6 children twice a week at no cost. These
children are disadvantaged and mostly Black or Hispanic.
4. Mr. Len Harrison, one of our tennis pros, works with the Parks & Recreation
Department After School Program on Wednesday's. Thursday's and Friday's. There
are approximately 15 children per session of which approximately 75% are
djs~vantaged, Black or Hispanic.
5. Delray Beach Tennis Center hosted the annual Roots Festival.
6. Mr. Len Harrison, on Mondays, works in conjunction with the Mad Dads program.
There are usually 15 children per session. Most of the children are disadvantaged,
Black or Hispanic.
2200 Highland Avenue· Delray Beach, FL 33445· (561) 243-7064 . Fax (561) 243-7386
.
PREPARED FOR THE CITY COMMISSION OF DELRAY BEACH
BY
A CONCERNED BLACK CITIZENS' GROUP
(11/5/96)
FOR THE HONORABLE:
Jay Alperin Mayor
David Randolph Vice Mayor
Kevin Egan Deputy Vice Mayor
Kenneth Ellingsworth Commissioner
.
Karen KiselewsK I Commissioner
REQUEST FOR AGENDA PLACEMENT AT THE CITY
COMMISSIONERS MEETJNG ON TUESDAY, NOVEMBER 5,1996.
(SUBMITTED TO THE CITY MANAGER'S OFFICE ON NOVEMBER 1, 1996)
I have been asked by a significant percentage of the Black Citizens constituency to
articulate some concerns/fears as eloquently as possible.
Their concerns focus upon the following five (5) factors:
1. Environmental services inequities and fears associated with these services, or the
lack of thereof.
2. A dual set of standards with regard to attitudes and demeanors of law
enforcement officials (relative to courtesy and respect) toward young blacks
versus attitudes and overall demeanors of law enforcement officials toward young
whites.
3. Assistance in the provision of social outlets (especially on the weekends) for
young black citizens who are not old enough to enter bar establishments.
4. Code enforcement inequities in the S.W. AND N.W. SECTIONS of the City versus
the S.E. AND N.E. SECTIONS of the City, and the very real perception of
CROSSING GUARD PROBLEMS at Carver Full Service Center School.
5. The extremely slow response to Black citizen phone calls to police department
whenever White citizens enter the black neiCJhborhoods for drug buys versus the
very rapid response whenever Black citizens are reported in credominantly white
neighborhoods.
Josh Smith, Jr. Ed.D. ç'"", {J !m.1:lu, 91¡·
498-122
We realize that our municipality has been characterized as "an All American City", and
we in no way intend to adversely impact that characterization. We do not want to be
perceived as your adversaries; we want to be allies and team members. It appears that
we have reached a point wherein we are dealing with some young volatile mentalities,
whose perceptions are that they are selectively, treated differently. We are sitting on a
potential Dowderkeg. and some sincere indications that their concerns are not being
merely ignored and pushed aside, could go a long way in averting problems that could
result in some very negative P.R. for our city. I feel that dialog with those who feel
extremely oppressed and some disparity studies to either confirm or reject that notion,
would be extremely significant at this point.
Every factor of our concerns and fears evolve around disparities and inequities. We
don't know whether there are city employees with the expertise to do disparity
studies, but we feel at this time, Its extremely essential that this endeavor be
undertaken. If there are disparities, then strategies need to be developed to
decrease or eliminate these disparities. Up to this point we have done nothing more
than merely talk about these issues. We think that everyone realizes that there are
problems, and it's time that tenable steps be taken to seek viable solutions to these
problems. We realize that there are two (2) kinds of perceptions; real and imagined.
The people who are adversely affected by decisions, who have very little input into
the decisions made, are usually the ones with the real perceptions.
Our understanding is that in the past, city officials have contended that they were not
made aware of many of the concerns that our black citizens have eventually vocalized,
therefore we want the record to reflect that these concerns have officially been related
to the policy making City Commission.
With regard to factor #:
1. Garbage pickups in the S.W. & N.W. Sections of the city only occur once per
week in some areas. Piles of trash at the curbs, often containing broken glass
etc., remain indefinitely. Some small children could be seriously cut or injured.
2. There's a perception of bullying and rough house tactics being used with young
blacks who may not conform to societal norms as far as behavioral characteristics
are concerned. No matter how undesirable and unacceptable the behavior is
perceived by law enforcement officials, as long as a personal threat is not
apparent, there is nothing wrong with humane dialog and treatment being
afforded young blacks. The recent racial strife that occurred in St. Petersburg was
not ourely coincidental: dormant raae simolv eruoted to the surface. That city is
now asking for a study of the racial problems and suggestions for ways to make
race relations better. They are in a re-active mode; we are in a position to take
a pro-active aoproach to whatever the problems may be.
Law enforcement officials are not going to change the culture of these young
people. Their culture is different from the average young white and in all
probability, nothing is going to change that fact. Familiarity with and knowledge
of different cultures and sensitivity training would eliminate a lot of the hostile
feelings presently existing between young blacks and law enforcement officials.
This is not an indictment of the entire oolice force. Most of the city's officers
behavior. by and large may be very professional. However. it only takes a minimal
percentage to create oroblems of a ohenomenal magnitude.
3. Young Blacks have a need for social outlets; they have a desire to have clean
wholesome fun the same way that young Whites do. The difference in the
manner that each group chooses to do so is more economically oriented than any
other reason. The vast majority of young people of color are economically
disadvantaged to varying degrees. Part of their culture has always been to simply
gather with individuals that they have more in common with, somewhere within the
confines of their own community. Of course there are some young blacks who
have succeeded with mainstream socialization, but they constitute a vast minority.
Regardless of the ethnicity, religion, nationality, etc., there will always be a small
percentage that will create problems for everyone. Therefore we do not feel that
the black youth has a mono po logy on these circumstances. Our philosophy
should not be "if one rat in the pack is bad, shoot the entire pack". Deal
decisively with the small percentage of troublemakers, but the vast majority of
young blacks are not troublemakers; they simply want to have clean wholesome
fun.
There are only two tennis courts at Pompey Park and masses of individuals have
to sit around for two-three hours waiting to play, if in fact they get a chance to
play at all. We know that the argument is "we don't want to create two separate
societies nor tennis centers". Please consider economic factors that make it
impossible for many young blacks to pay to play at the Delray Beach Tennis
Center. They do not have to oay to clay at Pomoey Park. If there was some way
that the costs could be subsidized for our economically disadvantaged young
blacks at the Delray Beach Tennis Center, they probably certainly would take
advantage of the opportunity to play there.
4. Alleyways that are paved are the ones that City Crews service; the ones that are
very seldom cited for code violations. The vast majority of the paved alleyways
are in the S.E. and N.E. sections of the city, which happens to be predominantly
white. The vast majority, if not all of the unpaved alleyways are located in the
S.W. and N.W. sections of the city, which happens to be predominantly black.
Since the citizens do not control which alleyways the city decides to pave as
opposed to not paving, this seems inherently unfair to tax paying citizens who live
in the areas that the city did not see fit to pave the alleyways. It aDDears that the
citizens who can least afford the extra eXDenses of correctina code violations. are
the ones who are being saddled with this responsibility. while the ones who can
most afford the extra expenses are the ones who do not have this resDonsibility.
Somehow this seems to be a cross ineauity that does not afford all citizens eaual
treatment under the law.
(SEE ENCLOSED CORRESPONDENCE OF 8/28/92 & 8/14/95 TO MRS. LULA
BUTLER. I NEVER DID GET MY QUESTIONS ANSWERED.)
5. This one is basically self-explanatory.
AUGUST 28, 1992
MRS. LULA BUTLER
DIRECTOR, COMMUNITY DEVELOPMENT DIVISION
100 N.W. 1ST STREET
DELRAY BEACH, FLORIDA 33444
RE: RECEIVED CODE VIOLATION I CASE NUMBERS NA-92-6655
NA-92-6656
DEAR MRS. BUTLER:
OVER THE YEARS I HAVE BEEN CONTINUOUSLY CITED FOR GRASS AND WEEDS
EXCEEDING ALLOWABLE HEIGHT IN THE ALLEYWAY BEHIND MY TWO
PROPERTIES, AS WELL AS LITTER AND DEBRIS THAT MYSTERIOUSLY KEEP
APPEARING IN THE ALLEYWAY. MANY YEARS AGO I FENCED IN MY PROPERTY
AND THIS AREA IS BEYOND MY FENCE. I HAVE RECENTLY BEEN CITED AGAIN
FOR THE SAME INFRACTION AND DECIDED TO MAKE SOME INQUIRIES.
IN CONFERRING WITH A CODE ENFORCEMENT OFFICER, I RELATED THE
FOLLOWING INFORMATION AND POSED THE FOLLOWING QUESTIONS:
STATEMENT: I HAVE NOTICED THAT IN VARIOUS PARTS OF THE CITY, CITY
CREWS ASSUMED THE RESPONSIBILITY OF SERVICING THE
ALLEYWAYS BEHIND PERSONAL AND BUSINESS PROPERTIES, BUT
THESE PARTS OF THE CITY SEEMED TO BE LOCATED PRIMARILY
IN THE SOUTHEASTERN AND NORTHEASTERN SECTIONS OF THE
CITY. WHAT CRITERIA DOES THE CITY USE TO DETERMINE
WHICH ALLEYWAYS ARE SERVICED BY THE CITY AND WHICH
ALLEYWAYS ARE NOT SERVICED BY THE CITY?
OFFICERIS
RESPONSE: THOSE ALLEYWAYS THAT ARE PAVED ARE THE ONES THAT CITY
CREWS SERVICE, AND THOSE THAT ARE NOT PAVED ARE THE
ONES THAT CITY CREWS DO NOT SERVICE.
,
:
MY
RESPONSE: SINCE THE CITIZEN'S DO NOT CONTROL WHICH ALLEYWAYS THE
CITY DECIDES TO PAVE AS OPPOSED TO NOT PAVING, THIS
SEEMS INHERENTLY UNFAIR TO TAX PAYING CITIZENS WHO LIVE
IN THE AREAS THAT THE CITY DID NOT SEE FIT TO PAVE THE
ALLEYWAYS. I FEEL THAT I PAY MY FAIR SHARE OF TAXES,
HOWEVER I AM BEING PENALIZED BECAUSE OF THE AREA THAT
MY PROPERTIES ARE LOCATED IN. IT DOES NOT SEEM THAT I
SHOULD HAVE PAY SOMEONE TO CONTINUALLY CUT WEEDS
ETC.lN THE ALLEYWAY BEHIND MY PROPERTY WHEN CERTAIN
OTHER CITIZENS WITHIN THE CITY DO NOT HAVE THIS
OBLIGATION. IT APPEARS THAT THE CITIZENS WHO CAN LEAST
AFFORD THE EXTRA EXPENSE ARE THE ONES WHO ARE BEING
SADDLED WITH THIS RESPONSIBILITY. WHILE THE ONES WH-9
CAN MOST AFFORD THE EXTRA EXPENSES ARE THE ONES WHO
DO NOT HAVE THIS RESPONSIBILITY. SOMEHOW THIS SEEMS TO
BE A GROSS INEQUITY THAT DOES NOT AFFC;>RD ALL CITI~EN~
EQUAL TREATMENT UNDER THE LAW.
OFFICER'S
RESPONSE: I DON'T KNOW WHY THIS IS THE CASE. YOU'LL HAVE TO POSE
THAT QUESTION TO CITY ADMINISTRATORS, PERHAPS MRS. uj~
BUTLER.
THESE ARE THE CIRCUMSTANCES UNDER WHICH I AM REMANDING THESE
CONCERNS TO YOU. PERHAPS THERE IS SOME LOGICAL REASON FOR THE
EXISTING INEQUITIES AND I SIMPLY AM NOT AWARE OF THEM. I AM
CONSIDERING THIS AN APPEAL TO YOU AND AM REQUESTING THAT A FltL
DECISION ON THE CODE VIOLATIONS BE POSTPONED UNTIL I RECEIV A
RESPONSE FROM YOU, WITH REGARD TO THE AFOREMENTIO D
CIRCUMSTANCES.
SINCERELY:
9cro (J /n,.:J-1". rjA
JOSH SMITH, JR.
,
August 14, 1995
Mrs. Lula Butler
Director, Community Development Division
100 N.W. 1st Street
Delray Beach, FL 33444
Dear Mrs. Butler:
I received a written response from Ms. Susan A. Ruby (City Attorney) on July 13, 1995. I called her
immediately and was told by her secretary (Cathy) that she was out of town on the west coast of Florida,
but that she would have her return my call as soon as she returned. I did receive her return call on July
17 and we had a brief but comprehensive exchange of dialog. I expressed some concerns and asked
some questions that she did not have answers to, but promised to try to get some answers and get back
to me.
She did get back to me on July 18 and explained that her understanding was that a 150 member
committee was developed and determined the alleyways that would be included in the redevelopment
areas. Additionally, she explained that subsequently a 21 member committee was developed presumably
to serve as some type of steering committee.
I asked if I could get the names of the persons who served on the 150 member committee as well as the
ones who served on the 21 member committee. I also asked if I could get the specific function of each
of the committees. She indicated that she did not have access to that information, if in fact the city was
still in a position to identify the individuals and their specific functions. I indicated that I assumed that this
information was a matter of public record and could not imagine why this information would not be
accessible to interested citizens.
Under any circumstances, she indicated that I should re-establish my contact with you and she felt that
perhaps you could provide me with this information. Ms. Ruby was very nice and cordial and I was left
with the impression that she felt that my concerns and questions were logical and valid, but that she
simply did not have the answers.
Consequently, per her suggestion. I am requesting that you provide me with this information, if at all
possible.
Sincerely ,
C¡¿-~ IJ th.) ..Hv ç/¡ .
Josh Smith, Jr.
.
. If there are doubts with regard to the validity of these concerns/fears on the part of
any city government officials, we would like to respectfully request that the
Commissioners authorize staff to conduct disparity/inequity studies on the concern
factors that we have alluded to.
QUESTIONS THAT WE WOULD LIKE ANSWERS TO
The percentage of White Delray Beach citjzens.
The percentage of Black Delray Beach citizens.
The total tax revenues for the City of Delray Beach for the past fiscal year.
The percentage of total tax revenues from White citizens.
The percentage of total tax revenues from Black citjzens.
The percentage of total tax revenues Invested back Into predominately White areas of the city. (Benefitting
a preponderance of Whites.
The percentage of total tax revenues invested back into predominately Black areas of the city. (Benefitting
a preponderance of Blacks.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: RESPONSE TO CONCERNS OF DR. JOSH SMITH. JR.
NOVEMBER 12 WORKSHOP ITEM NO. 2
DATE: NOVEMBER 11, 1996
Attached is additional information related to some of the concerns
expressed by Dr. Josh Smith.
pE,LRoA ~ B~A.!=t-!
Delray Beach Police Department tdtd
AlI·America City
300 West Atlantic Avenue · Delray Beach, Florida 33444-3695 , till!
(407) 243-7888 Fax (407) 243-7816
1993
MEMORANDUM
TO: David T. Harden, City Manager ~
FROM: Richard G. Overman, Chief of Police
DATE: November 8, 19%
SUBJECT: LETTER FROM MR. JOSH SMITH
Per your request, my response to items #2 and #5 are as follows:
#2: This was an extremely general indictment totally unsupported by any specifics. I do
not support, encourage, nor will I tolerate a dual standard of how people are treated
regardless of their skin color. Please find attached a copy of the Winter Survey of
1995 which was a random survey sent city-wide. Please pay particular attention to
page 5 which deals with evaluation of courtesy. You will notice a 3%
dissatisfaction with officer courtesy.
#5: Again, Mr. Smith makes a random statement without specifics to justify what
appears to again be an allegation of double standards on our response to citizen calls
for service. Please find attached the factual information regarding the response time
of our police department. Please also note that times are automatically recorded
through our computer-aided dispatch system.
RESPONSE TIME TO THE
PREDOMINANTLY MINORITY
OVERALL CITY-WIDE AVERAGE COMMUNITY (Swinton to Lake
RESPONSE TIME IN MINUTES/SECONDS Ida to 1-95 to Linton Boulevard
Priori # 1 (life-tbreatenin - 7:15 5 :50 1 minute & 25 seconds faster
Priori #2 no immediate dan er - 10:58 9:06 1 minute & 52 seconds faster
Priority #3 Calls involving undetermined
time of occurrence 22:44 16: 19 6 minutes & 25 seconds faster
As you can see, the facts do not support Mr. Smith's suppositions.
SUBJECT: LETTER FROM MR. JOSH SMITH
November 8, 1996
Page 2
Mr. Smith also mentions cultural and sensitivity training, all of which have been
implemented and attended by all our employees. Numerous programs have been
scheduled over the past five years, of which the most recent was this year. I have
approximately six (6) to eight (8) cultural diversity instructors, some of which are line
level officers and some ranking officers.
RGO/ppt
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GRID A VG RSP
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ZONE 7 1 2 3
0530 0:04:58 0:06:41 0:11:39
0530A 0:05:13 0:08:29 0:11 :43 ~Yr- tBLd - S~
0531 0:05:11 0:07:35 0:08:30
0540 0:04:45 0:07:08 0:10:28 .$~/~ /3¿J - Eo.-r
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0701 0:05:14 0:08:54 0:22:26
0710 0:05:28 0:10:15 0:20:25
0720 0:04:58 0:08:51 0:15:50
0730 0:05:21 0:08:04 0:17:21
0731
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0741 0:06:27 0:08:03 0:08:45
0750 0:06:54 0:09:54 0:19:13
0760 0:06:46 0:09:20 0:17:03
0770 0:06:32 0:09:36 0:20:27
0780 0:08:12 0:09:32 0:17:32
0790 0:05:48 0:07:57 0:25:49
1:27:24 2:06:45 4:11 :33
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ZONE 6
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0320 0:04:48 0:08:13 0:16:18
0330 0:06:14 0:08:30 0:17:07
0440 0:04:56 0:08:48 0:17:17
0:21 :56 0:37:46 1 :09:31
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0890 0:05:39 0:10:26 0:16:59
0900 0:05:30 0:10:29 0:15:33
0960 0:06:15 0:09:16 0:26:11
0970 0:06:32 0:10:42 0:22:05
0980 0: 12:09 0: 13:50
1000 0:08:57 0:09:30 0:21:12
0:32:53 1 :02:32 1 :55:50
Zone Average 0:06:35 0:10:25 0:19:18
0:23:20 0:36:23 1 :05:14
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~~ ~ ~
Page 1
20:44 4072437385 DELRAV H~ACH GOLF CL f-'Abt. I::J:¿
J
NOV 1 1 1996
r,ITY ~~ ~ ,. . ~ --.... f'lCÇ/N \.~tQL9'"
ro: MR. DAVID HARDEN, MANAGER, CITY OF DELRAY BEACH .:;. ~-( ?~'-.J'- ~
ýË.~s.'3f.:Í
FROM: BRAHM DUBIN, PRESIDENT, DUBIN & ASSOCIATES ----va,..l- ~.
SUBJECT: REPLY TO COMMENTS FROM THE PUBLIC, CONCERNING THE TENNIS CENTER
DATE: NOVEMBER 8,1996
The Delray Beach Tennis Center openly welcomes minority participation in all its activities.
At present we have several programs that include the economically disadvantages af all races j"clud-
ing but not limited to young blacks. These include;
1. A Junior tennis program sponsored by the Delray Beach Tennis Patrons,
2. Chlfdren from the De ray Beach Parks and recreation after school day care program.
Instruction is given to 2 groups of 16 children by a D8TC Tennis Professional.
3. The Mad Deds tennis program (16 children) taught by a OaTe Tennis Professional.
4, Several young black children and teenagers are given free lessons by DBTC Tennis
Professionals.
The Delray Beach Tennis Center is very affordable for ev~ryone. The current rates are as follows:
1. A Junior Membership for a City Resident is $50.00 per year.
2. The rate for Dailv play by a Junior City Resident IS:
a. between tt1e hours of 8 am to 12:30 pm and 6 pm to 7;30 pm. $400
b, between the hours of 1 :30 pm 10 4:30 pm. $3.00.
Junior Memberships are offered to these children under the age of 18_
J would be remiss if I did not mention the USTA sponsored National Junior Tennis League program for
14 and under children which is run each summer by the Oelray Beach Tennis Canter Patron'S This
program Is geared for economically disadvantaged children. The maximum cost IS $35.00 per child for
a 3 weel< instrucrlonal program. If the child is unable to pay the fee. the Patron's waive it and will aven
provide shoes for the child if that is what it takes to get the child in the program. The Patron's furnish
instructors, racquets, and balls for this program. Last summer we had over 70 children in the first
session and over 110 children in the 3econd session. Outs1andlng tennis participants are chosen from
this program to attend the NJTL Rally which was held in Tampa fast summer and the cost of
attending la paid for by the Tennis Patron's. The President of the Patron's in Mr Arthur Brown an
outstanding black resident of Delray Beach.
The Derray Beach Tennis Center is a pay for play facility, To structure a system where a judgement
must be made on everyone who applies for membership or wishes to pay would be impcssible. To
limit this reduced cost or free play to only young black youths 'NOurd be discriminatory.
.
AQUIFER STORAGE & RECOVERY WELL
PN 93055
PROJECT STATUS, NOVEMBER, 1996
PHASE I - TEST WELL DEVELOPMENT
I. SCHEDULED COMPLETION - NOVEMBER, 1996
2. CONSTRUCTION TIME - 5 MONTHS
3. APPROXIMATE COST TO DATE- $ 750,000.00
4. WELL CHARACTERISTICS:
- .
· 20" ST.ST. CASING TO 400'
· 14" ST. ST. CASING TO 1,020'
· 180' ASR INTERVAL (UNCASED WELL DEPTH BEYOND 1,020')
· 1,200' TOTAL DEPTH
· RECOVERY FLOWRATE TESTED AT 1,200 GPM @ 130' DRA WDOWN
( Approximately 9 gpm per foot of drawdown)
PHASE II - PUMPING FACILITIES. YARD PIPING & CONTROLS. CYCLE TESTING
1. COMPLETE ENGINEERING - DECEMBER, 199~
2. ADVERTISE FOR BIDS - JANUARY, 1997
3. BEGIN CONSTRUCTION - MARCH, 1997
4. COMPLETE CONSTRUCTION - JUNE, 1997
5. CYCLE TESTING- 6 - 8 MOS. ( JULY, '97 TO FEB., '98)
6. REMAINING BUDGET - $ 750,000.00
7. ANTICIPATED RECHARGEIRECOVERY RATES:
· NORMAL OPERATIONS - 1,000 GPM ( 1.4 MGD)
· EMERGENCY RECOVERY - 2,000 + GPM ( 2.9 + MGD)
8. ANTICIPATED STORAGE VOL .- 100MG
Jú;.,..,.. ~,# -¥ ~ :Itiu&
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER¿!¡ní!
SUBJECT: WORKSHOP MEETING OF NOVEMBER 12. 1996
COMPATIBILITY OF LARGE HOMES
DATE: NOVEMBER 8, 1996
The attached memo provides an extensive discussion of issues
arising from construction of large homes. The staff needs further
direction from the Commission on whether you wish to act on this
issue and, if so, what direction you would like to take.
Questions for starting discussion are on Page 8 of this memo.
In my opinion these same issues can arise with homes smaller than
S,OOO square feet if they are placed on small lots and greatly
exceed the dimensions of nearby older homes. I also believe that
additional areas along the west side of the Intracoastal Waterway
are equally "at risk".
W55
, ,
(/ "\
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" '
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: ~ COMMI SION MEMBERS
W ~
FROM: PAUL DORLlNG, P IN IPAL PLANNER
DATE: NOVEMBER 8, 1996
RE: COMPA TIBILlTY OF LARGE HOMES
ISSUE: Explore methods to mitigate the affects of "mansionization" on adjacent
properties and surrounding neighborhoods. "Mansionization" is characterized by the
demolition of existing structures to make room for larger, more elaborate homes which
have the potential to destroy the unique character and scale of existing neighborhoods.
The proposed methods need to assure that new structures will relate harmoniously to
the form and scale of architecture in the vicinity.
GOALS: To maintain a proper proportion and scale between new buildings and the
adjacent residences and surrounding neighborhood.
HISTORY OF THE REQUEST: This issue was first raised by the Beach Property
Owners Association and discussed by ttie Planning and Zoning Board at its meeting of
May 16, 1994. The association was concerned with the large homes being
constructed along the Intracoastal and ocean in the City of Delray Beach. The Board
discussed the issue and declined to recommend additional restrictions on single family
residential development, i.e. maximum building size etc. This was based on the
following concerns:
· Redevelopment should be encouraged rather than discouraged;
· It is reasonable to expect that people who purchase expensive lots will want to build
large homes;
· Single family homes are the last stronghold for individual expression, as every other
type of development is subject to aesthetic review; and I
· The tax base will be adversely affected by additional restrictions which is a greater
concern given the 3% tax cap.
Based upon the above discussion the Planning and Zoning Board forwarded the
request to City Commission with a recommendation that additional regulations not be
considered. On June 7, 1994 the City Commission concurred with that recommendation
and voted 4 to 1 (Dr. Alperin opposing). not to pursue the issue further. However, the
issue was again brought to the attention of the City Commission in late 1995 by the
Beach Property Owners Association. The City Commission raised concerns at their
October 24, 1995 and November 7, 1995 meetings. At these meetings it was
suggested that there be increased setbacks for taller structures, so as not to overwhelm
neighboring structures. The City Commission directed staff to research the issue and
develop possible mitigation measures.
To: City Commission Members
Re: Compatibility of Large Homes
Page 2
CURRENT REGULATIONS: Pursuant to LOR Section 4.3.4 no maximum lot coverage
or FAR (Floor Area Ratio) currently exists for single family homes. Lot coverage within
the single zoning districts is limited by requirements relating to minimum open space,
building setbacks, and height restrictions. A minimum open space requirement of 25%
is required in all residential zones. The required setbacks range from 25-35 feet in the
front, 10-25 feet in the rear, 15-20 feet side street, and 7 1/2 -12 feet on the side
interior. Single family residential districts are limited to 35' in height. This height limit is
measured from grade to the highest finished roof surface of a flat roof or to the mean
level between the eaves and ridge for gable, hip or gambrel roofs. Through creative
roof designs this definition allows for structures which exceed 35' in total height and
consequently increase the mass and incpmpatibility of the structures. This is evident in
reviewing the larger homes which have been approved or built in recent years. As
discussed later in this report the City of Boca Raton has addressed, with some success,
the overall issue of " mansionization" through adopting a more restrictive definition of
height.
CURRENT CONDITIONS: The first step in researching the concerns over
"mansionization" was to identify which properties where involved. A 5,000 sq.ft.
building size threshold was identified as the cut-off point between average and
"oversized" homes. This threshold was selected given the fact that homes in the 4,000
sq.ft. range are prevalent in newer subdivisions in the Germantown Road area (i.e.
Andover, Verona Woods and Oakmont subdivisions). Homes built since 1994 which
exceed 5,000 sq.ft. in size and involved the demolition of a smaller structure, are limited
to seven specific properties within the City. These include three properties along the
Atlantic Ocean, two within the Seagate subdivision, one within the Tropic Isle
subdivision and one within the Lake Shore Estates subdivision. The following is a
summary of these locations:
::::::\::::::CØØi::TIØN :::;r::::::m:::'::::::: :::::::::gml:::§mll~III§::::::::: ::::::::NEwtSmRUlmtlls:::::::
......................................................, ..................... ...........................................,..................................................................................
. . . . . .. ................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3 Homes)
1105 S. Ocean Boulevard 13,969 sq.ft. 37,929 sq.ft.
711 S. Ocean Boulevard 7,222 sq.ft. 15,450 sq.ft.
511 S. Ocean Boulevard 4,771 sq.ft. 21,238 sq.ft.
616 Seasage Drive 802 sq.ft. 6,800 sq.ft.
910 Melaleuca Road 2,831 sq.ft. 7,446 sq. ft.
969 Bolender Drive 3,348 sq.ft. 6,088 sq.ft.
1800 Lake Drive 2,490 sq.ft. 11,564 sq.ft.
To: City Commission Members
Re: Compatibility of Large Homes
Page 3
The attached table provides detailed informàtion for each property and the immediately
adjacent properties with respect to setbacks, building heights, and assessed values. In
summary, the larger homes are built to the maximum development envelope with
minimum setbacks and maximum height (usually exceeding 35' in actual height).
Further, in 57% (8 out of 14) of the cases the newly constructed buildings drove up the
assessed values of adjacent structures and land. This increase in land values and
taxes could lead others to sell their homes, promoting further demolition and
reconstruction of larger structures.
Neighborhoods at risk: Generally the older neighborhoods established in the 1960s
and 70s and located on the barrier island are the areas at greatest risk for tear downs
and reconstruction. These neighborhoods include Delray Beach Shores, Seagate,
Seagate Extension, and numerous smaller subdivisions to the north of Atlantic Avenue.
In addition to these barrier island subdivisions the communities located along the west
side on the Intracoastal i.e. Tropic Isles, and along the east side of Lake Ida may also
be at risk.
OTHER CITIES: This phenomenon is not unique to Delray Beach and many other
communities are wrestling with similar dilemmas. Staff has researched how other cities
in the area are dealing with the issue. The following is a summary of the findings.
Boca Raton: In the early 1990s Boca Raton experienced similar development
pressures involving the construction of residential units of a mass inconsistent with
existing neighborhoods. The increased mass generally centered around the stretching
of the 25' height limit. The height limit was measured at the mean level between the
eaves and ridge for gable, hip or gambrel roofs, similar to Delray Beach's current
regulations. Creative roof designs which in some cases stretched the eaves to nearly
ground level led to structures which far exceeded 25' in height. To address this
development issue the City of Boca Raton redefined allowable height to be 25' to the
mean level between the eaves and ridge on gable, hip or gambrel roofs with maximum
height to roof peak to be no more than 10' above mean height or 35'. In discussions
with the Boca Planning Department the definition change has had a positive effect in
reducing the mass of subsequent structures.
I n Boca Raton most of the pressures associated with "mansionization" were
concentrated in one neighborhood known as the Royal Palm Yacht and Country Club
subdivision. This Intracoastal neighborhood was built in the 1960's with average lot
sizes of 1 00' x 150'. The neighborhood is almost completely built out and is
experiencing a lot of tear downs of the smaller single family homes and construction of
larger homes. In response to the dev~lopment pressure this neighborhood created
within the condominium documents the Royal Palm Improvement Association Inc.,
which includes an Architectural Committee to "preserve and enhance the natural beauty
of the properties of the members of the corporation". This committee reviews all
demolitions, construction, additions, replacement or exterior alterations of any
improvements on individual lots within the subdivision. The Royal Palm Improvement
To: City Commission Members
Re: Compatibility of Large Homes
Page 4
Association has created review criteria and building guidelines which deal with
acceptable setbacks, house size, height, color, etc. House size is limited to 38% of the
lot area for a one story home and 50% for a two story home (with a maximum of 20%
of the lot area occupying the second floor). All homes are limited to two stories.
Maximum height is 35' measured to the highest part of the roof. The mass of the
homes are further mitigated through the use of a staggered front setback which
requires 50% of the structure to be at 30' with the balance allowed at a 25' setback.
The second story requires a 35' front setback. The side interior setbacks are also
staggered. These setback requirements would appear to produce a "stepped-back"
massing of the home.
Town of Gulf Stream: This community has created a Gulf Stream Design Manual
which identifies five districts within the city and the development criteria for each.
Generally the standards encourage .either Bermuda or Spanish Mediterranean
architectural styles and prohibit certain architectural styles and elements i.e. certain
roof types, window types, shutter types, entrance features, exterior materials, accessory
buildings and colors. The manual also identifies general landscape standards. The
basic tool within this manual to mitigate against "mansionization" is the implementation
of a Sliding Floor Area Ratio (FAR). It was determined that while an FAR of .33 may be
appropriate for small lots the same FAR on larger lots could result in unnecessary and
inappropriately large homes.
The sliding regulations stipulate that the first 20,000 sq.ft. of effective lot size can obtain
a FAR of .33 and portions over 20,000 sq.ft. are to maintain an FAR of .20. For
situations which involved aggregation of lots a Neighborhood Context FAR (NCFAR)
was created. Lots up to 20,000 sq.ft. continue to have an FAR of .33. Lots which
exceed 20,000 sq.ft. have an NCFAR calculated by the average maximum FAR yield of
the two abutting lots with a 50% increase allowance. If the NCFAR is less than the
standard FAR the NCFAR shall be the maximum allowed.
The sliding FAR restricts new homes or homes with additions to a size that, while
larger, would not overshadow neighborhood residences. This approach required
defining abutting lots, effective lot areas' and areas to be counted toward floor area.
Ocean Ridge: This City controls development through a combination of building height
restrictions, FAR maximums and setback requirements. A maximum height in the RSE
(Single Family Estate District) and RSF (Single Family District) is 32' for single story
buildings and 36' for two story buildings measured from the finished floor elevation of
the first floor to the ridge of the highest point of the structure (exceeding chimneys).
Roof lines encroachment cannot occur in an area encompassing an extension of a
hypotenuse of a right triangle having a base line of 15' single story and 18' for a two
story and a vertical leg of 15' single story and 18' two story. The maximum lot coverage
and maximum floor areas range from 32% in the RSE districts to 35% in the RSF
district. The setbacks in both districts are 25' in the front, 15' side interior and rear
setbacks, and 20' side street setbacks.
To: City Commission Members
Re: Compatibility of Large Homes
Page 5
Recently, similar development pressures with respect to the construction of larger
incompatible homes have surfaced in Ocean Ridge and the city is in the process of
identifying additional measures to combat this trend.
Town of Palm Beach: The town has height restrictions which range from 22' to 30'
(finished floor to tie beam). Further, the regulations apply a maximum overall height of
35' for flat roofs and 40' for all others. The town has implemented a varying front
setback from 35', or 2' for every l' of building frontage which is visible for larger lots
(20,000-60,000 sq. ft.), and 25' (one story), and 30' (two story) for the smaller lots
(under 20,000 sq.ft.). Current regulations which appear to minimize the overall mass
include minimum open space requirements ranging from 40%-50%, maximum lot
coverage of between 25%-35%, angle of vision requirements, cubic content ratios, and
maximum floor area ratio of 45% for the smaller lots (under 20,000 sq.ft.).
Town Of Manalapan: The town has a 35% lot coverage maximum, and 35 foot (R-1A,
R-1B, R-1C) and 30 foot (R-1D, R-1E, R-1F) height limits which are measured to the
mean roof level. An additional 10' of height is allowed to the highest point of the roof in
each district. The residential structures are allowed to have a maximum of 2 1/2 stories
in the R-1A, R-1 Band R1-C districts and 2 stories in the R-1D, R-1 E, and R-1 F
districts. The minimum lot size for single family development is 10,000 sq. ft. Single
family development requires submittal of a mass model which shows in two or three
dimensions the topography, mass, bulk and size of all improvements above ground. In
addition the mass model must show the. architectural concept including roof pitch, roof
overhang, location and size of exterior windows, doors, columns, and the like.
The residential districts require front yard setbacks of between 25' to 100'. The
aggregate of the side yard setbacks shall have a width of not less than 20% of the
average width of the lot but not less than 10' each side. Rear setbacks are a minimum
of 55'.
LEGAL ISSUES: One aspect of undertaking such controls is the legal ramifications to
a reduction in the building potential of an existing approved lot. As homeowners
generally buy property knowing the regulations and the size of buildings which can be
built, reducing that right may be considered a diminishing of real value and subject to
challenge under the property rights legislation passed in 1995.
The Bert J. Harris Jr. Private Property Rights Protection Act (CS/HB 863) won approval
in the closing days of the 1995 legislative session. This House Bill has been codified as
F.S. 70.001 & 70.51. The bill as passed contains two main parts. The first part
creates a new legal remedy in circuit court for future regulatory actions by governmental
agencies. The second part creates a new mediation style process to address
governmental actions affecting property..
.
To: City Commission Members
Re: Compatibility of Large Homes
Page 6
Under the first part of the bill, the new legal remedy in circuit court saves property
owners from having to prove that the government has actually "taken" property by
regulating it to a point of eliminating all economical profitable use. Instead, it allows
property owners to be compensated when governmental actions diminish the value of
real property, even though some value remains.
The new law protects owner's existing uses of real property and reasonable
foreseeable uses that are not speculative in nature. It also protects vested rights to
specific uses of real property. The new cause of action applies to actions taken by local
governments based upon laws enacted after the final adjournment of the 1995 regular
legislative session.
ALTERNATIVES:
In reviewing how adjacent municipalitres have attempted to address the issue of
"mansionization" it appears two courses of action have been taken. These actions
relate to redefining or establishing more restrictive height limits and the establishment of
FARs in the single family zoning districts.
Height: In reviewing the five communities which are experiencing similar development
pressures all communities have a maximum height limit which includes a limit for the
highest point of the roof. The City of Delray Beach has a 35' height to the mean level
of the roof however, has no upper limit for the highest part of the roof. In reviewing
other city's codes the following is noted:
. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . , . . . :::¡¡:¡:¡:::¡:::t",DíIAI¡:¡II:¡:::::::¡:::¡::
....................... ..................... .............. ...................... .................. ........... ..................... ............... ..................
.................. ..................... .............. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .. . .
... .................. "............
. ................. .............. ......... ......... ...... .......... ...... ....,....
.............................................. .............. ...... .........................................
.............................................. .............. ................. .................... .................... ...............................
.............................................. .............. ........... ................... .......... ...... .........
.............................................. ..............
.............................................. ............. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . .. . .. . .
.............................................. ............... .... . .............. .......... ...... .........
.............................................. ............... ..... ...... ............... ......... ................
......................................... ............... ..... ........................ .......... ...........,....
......... ............... .......... ... ..... ............. ......... ....... ....
:::::::ma\NÑ'::mRJêìl'l?:::::t: ¡:¡:¡:¡:::::::::¡:¡¡:BIJI:Ð.l1tIMOt:::¡¡::¡¡¡:¡:¡:¡:¡ ¡:¡::::¡::¡:¡¡ø.¡J.llill::¡llíNlt::::,{:
......... .. .. ..... . . .. ...... ..........
............ ..' .............. .........
...............................................................
..............................................................
Boca Raton 25' 35'
Gulf Stream 35' 35'
Ocean Ridge 36' 36'
Manalapan 35' 45'
Palm Beach 40' 40'
Delray Beach 35' NA
Alternative: Amend the definition of height to be 35' to the highest point of the roof
rather than the mean level between the eaves and ridge for gable, hip or gambrel roofs.
This change would assure that the maximum height of residential structures will be no
greater than 35'.
In looking at the impact of this change four of the seven large homes built recently in
Delray Beach (57%) exceed a 35' height maximum. The requirement would have
resulted in a reduction of between 4 to 12 feet in height for these four structures.
To: City Commission Members
Re: Compatibility of Large Homes
Page 7
Alternative: Another approach is to allow the current height definition but require an
additional l' setback for each l' of height above the 35' height limit. This requirement
would have resulted in additional setbacks of between four and twelve feet for 4 of the
7 units.
Floor area ratios Floor Area Ratio (FA~) is the relationship between the building's total
floor area and the area of the lot it sits on. If a building is 3,500 sq.ft. and it sits on a lot
of 10,000 sq.ft. its FAR is .35. This direct relationship results in the ability to build
bigger homes on bigger lots. Three of the five communities considered in this analysis
have a FAR for their residential districts. Delray Beach, Boca Raton and Manalapan
have no FAR requirement.
:::::::::::::::::::::IJ.llill:::IIWIJ.:':::::::::::::::::::::::::: .......................................................
·························P..·...··..·······
mmmmmmmmmmm{rt.:/:.:::.::...:;:../~\t~jr~\t~\~\jtr/)
Boca Raton None
Gulf Stream .33 & .20
Ocean Ridge .32 & .35
Manalapan None
Palm Beach .45
Delray Beach None
Alternative: Require a maximum FAR of .35 for residential zoning districts. Four of
the seven structures (57%) exceed this FAR. Compliance with the FAR would have
resulted in a reduction of square footage of 397, 1,203,2,196 and 5,427 in four of the
seven structures. It is noted that all neighboring structures meet an FAR of .35 or less.
Sliding floor area ratios: While a ratio of total floor area to lot size such as .35 may be
appropriate for smaller lots, on larger lots the result can be unnecessarily and
inappropriate large homes . This is particularly a problem when two lots are combined
and are now twice as large as the lots next door. The sliding FAR provides a
methodology for maintaining a reasonable opportunity to build larger homes on larger
lots, while recognizing that the relationship to the scale of the existing neighborhood is
an important community character concern.
Alternative: Require a sliding FAR of .35 for lot square footage under 20,000 sq.ft and
.20 for all lot square footage over 20,000 sq.ft. When applying these regulations to the
large homes, which are presumed to be out of scale, we find that 100% of the large
homes exceed this Sliding FAR. Interestingly enough when applying the sliding FAR to
the structures on each side of the large homes, which are presumed to be in scale, all
structures meet the requirement. Following is the impact of the sliding FAR on the
seven properties:
To: City Commission Members
Re: Compatibility of Large Homes
Page 8
:::,,::::::::::::::::::::::::1111111::::'::::::::::::::::::::::::::::::::::::::::::,: :::::::::::::e.IIIII~fim~::::::::::::: ::::::::II~lmÎ:II::::II~lm~:::::::: :::::::::::::::11&1111111:::::::::,::,::
1105 S. Ocean Boulevard 24,083 37,928 13,845 sq. ft.
711 S. Ocean Boulevard 12,890 15,450 2,560 sq.ft.
910 Melalueca Road 5,250 7,446 2,196 sq.ft.
616 Seasage Drive 6,403 6,800 397 sq.ft.
969 Bolender Drive 4,885 6,088 1,203 sq.ft.
1800 Lake Drive 10,450 11 ,564 1,114 sq.ft.
611 S. Ocean Boulevard 12,035 21,238 9,203 sq.ft.
DISCUSSION ITEMS:
· Is the issue of "mansionization" as significant as first thought and should any code
changes be made?
· If changes are needed should they be dealing with the height of the structures, size
of the structures, number of stories, lot coverage, minimum open space
requirements, staggered setbacks, or the aesthetic aspects of the architecture?
· If limiting regulations are proposed should they be limited to certain areas Le. the
barrier island, specific zone districts?
· Within the barrier island should homes which front on the Atlantic Ocean be
excluded from such regulations?
· Should residential buildings over a certain size be subject to under go some form of
aesthetic review?
S:PLANNI/DOCUME/HOMES1.DOC
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N NEIGHBORHOODS AT RISK
-
FOR LARGE HOME CONSTRUCTION
PLANNING DEPARTMENT
CITY OF DELRAY BEACH, FL MAP 2 0 F 4
-- DIGITAL BASE MAP SYSTEM -- MAP REF: LMA23
·
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PLANNING DEPARTMENT
CITY OF DELRAY BEACH, FL MAP 3 0 F 4
-- DIGITAL BASE MAP SYSTEM -- MAP REF: LMA24
·
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- FOR LARGE HOME CONSTRUCTION
PLANNING DEPARTMENT ~ - AREA WITH GREATEST POTENTIAL
CITY OF DELRAY BEACH, FL ,~'~~ ' MAP 4 OF 4
-- DIGITAL BASE MAP SYSTEM -- MAP REF: LMA25
. .
Large Home Compatibility
\ 1105 South Ocean
. X ' Boulevard (R-1AAA)
y.
J 'J ''"I
\. ..' "" /", . /
'" /f ." Ii (37,928 Square Feet)
.~,'
1103 South Ocean
Boulevard (R-1AAA)
(3,074 Square Feet)
1141 South Ocean
Boulevard (R-lAAA)
(3,367 Square Feet)
· .
Large Home Compatibility
~~ 611 South Ocean
, Boulevard (R-1AAA)
(21,238 Square Feet)
701 South Ocean
Boulevard (R-1AAA)
(7,030 Square Feet)
Vacant Lot North of
611 South Ocean
Boulevard (R-1AAA)
Recently Demolished
(4,077 Square Feet)
· .
Large Home Compatibility
711 South Ocean
Boulevard (R-lAAA)
(15,450 Square Feet)
705, 711 & 717 South Ocean Boulevard
(R-lAAA)
705 S. Ocean: (7,536 Square Feet)
717 S. Ocean: (10,805 Square Feet)
Large Home Compatibility
910 Melaleuca Road
(R-1AAA)
(7,446 Square Feet)
1014 Melaleuca Road
(R-1AAA)
(3,883 Square Feet)
900 Melaleuca Road
(R-1AAA)
.. (3,366 Square Feet)
..
Large Home Compatibility
616 Seasage Drive
(R-1AAA)
(6,800 Square Feet)
Vacant Lot North of
616 Seasage Drive
(R-1AAA)
" 622 Seasage Drive
(R-1AAA)
(3,307 Square Feet)
·-
.
Large Home Compatibility
969 Bolender Drive
(R-lAAB)
(6,088 Square Feet)
965 Bolender Drive
(R-lAAB)
(2,468 Square Feet)
970 Bolender Drive
(R-lAAB)
(3,766 Square Feet)
. .
. - .
Large Home Compatibility
1800 Lake Drive
(R-1AA)
(11,564 Square Feet)
425 NW 18th Street
(R-1AA)
(2,966 Square Feet)
1750 Lake Drive
(R-1AA)
(7,764 Square Feet)
-
- .
Large Home Compatibility
.'
920 Seasage Drive (R-IAAA)
( 6,435 Square Feet)
-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERtPt/l
SUBJECT: WORKSHOP MEETING OF NOVEMBER 12. 1996
CANDIDATES FOR APPOINTMENT TO A WATER MANAGEMENT
DISTRICT
DATE: NOVEMBER 8, 1996
The Florida League of Cities is seeking letters of interest from
any municipal officials who would like to be considered a
candidate for possible gubernatorial appointment to the South
Florida Water Management District.
Diane Salz of the League office in Tallahassee is helping the
Governor in recruitment for the various districts. After
collecting letters of interest she acts as the facilitator,
forwarding information on the vacancies to interested applicants,
etc. If anyone on the Commission is interested in seeking such
an appointment, we can prepare a let ter of interest for you if
you wish.
N.S. :if,
.' ,"~ ~~ .......J.. IV '- L- I j VUV IU J . r~l Uf Ut'I I r 1"-' L- ~,
;"'",41"
iø/3i;96--nî4~'3:f'-- --FCm'LEÄÜE-OF-Ci"'fÏËŠ--';M-ëï-FAX-SRÖAOCÄSi'- -------. -- .._---.
-- ~.700 P004
þ~
The revised manual, tiUed Nitrogt!J Planning on ~~e ,!dge ~~ipar sible gubernatorial appointment to a water
CO""oJ. provides readers with an over- management district you wish [0 be consid-
view of the cause-and-effcct relatian- TIle East ce~~;;ridaR~ cred for appointment governing board.
ship of nitrogen in'the environmenl and ning Council and the Florida Institute of Please specify as 10 which water manage-
explains why nitrogen removal is impor- Government wiH present its last !lcminar of ment district and send your letter to the
tanto its Planning Challenges 96 scries.- cduca- attention of Diane Salz at the League office
The target audience for the manual is lional seminars that explore current nnd ill Tallahassee.
the designer of smaH-to medium-sized prospective 10pics on land and resource
facilities. The manual focuses on the ma- planning. Positions
jor process and design aspects consid- The semin.,- entitled, "Planning on the
ered in the developmcnt of an effective Edgc" will profile thc efforts 10 address City of FndtJand Park-City Manaøer-
design. problems of inadequate transponation, ad- Population: 2,981. Salary based on experí-
To order a copy of Nitrogen Control. verse environmental impacts and added in- enec. RC( uircs buche10r's degree in public
contact the NSFC at (800) 624-8301. frastructure costs created by an e<\panding administration or related field and a mini-
and order item #WWBKDM78. Ship- low-density pattern of development. mum of fivc years local govcrnment cxpe-
ping and handling charges apply. TIle seminar wiH be held on Nov. 14. ricnce. Emphasis on interpersonal skj]Js and
Bcach Access Signs ~ 1996 from I p.m to 5 p.m at the Radisson fiscal management. Area residency re-
/~,..- Plaza Hotel in Orlando. There is a $25 fee, quired. Send resume to City C1erk, City of
- -/ if received by November 12; $3.5 doH.,- fee FruitllU1d Park, FL 34731 and de!\ignate On
TIæFloridlS Coastal MéU1agemem Pro- after November 12. l1)e deadline for re- envelope: City manager applicanl. Resumes
gram I,a., made identifying ~each access fund requests is November 12. For mure wm be accepted through December 6. 1996.
a priority. The program is proposing to information call (407) 3 J7 -77 45. CIty of Avon Park-CUy Manager-
supply Dt .no charge standardized beach , Population: 8.1 I I. Salary Range 540- 45K.
aCCess signs to municìpa1ities and coun- Request for Information Position requires a bachelor's degree in
lies in coordination with the Florida Dc- public administration, business admini8tra-
pamnent of Transportation. If you are The League :staff is seeking an example tion or other related field from an accred-
inrercsted in receiving beach access signs, of an interlocal agreement executed be- ited c()l1ege or university and three years
please call Diane or Jenny at the League tween a municipality and a county or 8n- public administration experience. or five
office by November 7. 1996 with the other municipality to meet the minimum years experience in city manager or assis·
fonowing information: criteria rule for a local comprehensive plan tant city manager position or equivalent
I. TIle approximate number of signs housing element. section 9J-5.01O (3)(c) administrative experience. Applicant must
your city would need; 10. The in(erloea1 agreement is intended to be skilled in leadership. public relations.
2. Whether your city can provide the continn ammgements with other local gov- interpersonal communication, planning,
hardware. ll1bor, or other a.'~sisúmce help- emments concerning affordable hOLlsing if economic development. éU1d personnel man-
ful to erect the signs. it 11; not feasible 10 meet affordable housing agcment. Ability to work harmoniously with
needs within a municipal jurisdiction. Please elected otTicials, citizens and employees is
University of Central Florida's Contact Jenny at the League office. necessary. City residency within reason-
Institute of Government hosts\ ,. ~ The League Is seeking [0 know if your able time is required. Send resume and
workshop r' - ~ ,cr-'- fiE ",bdlv",,, I.nd tbrough. '~¡crly nd- request for appJicahon to City Manager
-r-'--"-';..;-- , . ~/ ministrative process or by public heillÌng. Candidate, clo City Clerk. City of Avon
The Florida Institute of Government ase contact Jenny at the League office. Park, 110 E. Main Street. Avon Park. FL
at the University of CentTal Florida will The City of Sarasota is seeking infor- 3382~. Posilion c1o!IC!I November 15. 1996.
host a six-hour workshop on Nov. 22, mation on alternative solutions to cityl Questions may be directed to (941) 452-
1996, designed specifically for Code county consolidation. Pleasc contact Sam 4403
Board Coordinators and Secretaries. Schaekow at (941) 351-3462. City of Neptune Beacll-Clty ManaKer-
The workshop. to be taught by Code - -The City of Sanford 1& seeking infor- Population 7500. Budget 8 mil1ion: Salary
Bo.,-d Coordinator Pat Dcllacona. will ation from cities that have an FML policy upper $40s to mid .$50s + benefits DOQ.
cover topics such as notices and agen- n place that provides a mandate that the 80 employees. Requires bachelor's degree
das, minl1tes and reports, orders and paSI ployer will review an absences [0 dctcr- in public or business administration and
hearing procedures and dealing with r:;{; ine whether or not the absence qualifies five years experience as a manager or se-
board members, inspectors, attorneys;::":: for FML rather than leaving it up to the nior manager. MPNMBA preferred. Five
and respondents. ~ !employee to r~q~est FM~ considerati~n. member council elected at large for stag-
The workshop wm take place from 9 ¡Please send thIs mformilt~on to Mr: Tim gered 4-year terms. Submit resumes and
a.m. to 4 p.m. at th(! UniverRity of :McCauley, pe~onnel dIrector. CIty of cover letters to Mayor John C. Kow"abany.
Florida·" Downtown Academic Center ¡Sanford. P-O. Box. 1788, Sanford, FL 1517 Atlantic Blvd., Neptune Beach, FL
located at 36 West Pine Street, Orlando. 132772-1788, or call (407) 330-5626, Fax 32266 by December] 2. 1996. RC
There is a $42 fee for FACE members (407) 330-5626_
and a $60 fee for non-members. For ~The LCIlKueJs scckjna n letter of inter-
more information, contact Leecie Doyle cst from any municipal otTicinl who would
or Claire Thompson at (407) 317-7745, like to be considered a candidate for pos-
Suncom 344-7745.
PAGE 4