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01-05-93 . . CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION SPECIAL/WORKSHOP MEETING - JANUARY 5, 1993 - 6:00 P.M. FIRST FLOOR CONFERENCE ROOM AGENDA 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 or hearing, such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City does not provide nor prepare such record. Pursuant to Section 3.07 of the Charter of the City of Delray Beach, Florida, Mayor Thomas E. Lynch has instructed me to advise you of 'a Special Meeting of the City Commission to be held on Tuesday, January 5, 1993, at 6:00 p.m. in the First Floor Conference Room at City Hall. The meeting has been called for the purpose of considering the following: SPECIAL MEETING AGENDA -(1) ¡Agreement with Delray Beach Housing Authority for Police Services at Carver Estates. _(2) JRequest for financial contribution for costs associated with installation of sculpture at 640 East Atlantic Avenue. , (3) JWater Service Agreement for proposed Discount Auto Parts Store on West Atlantic Avenue. _(4) JAward of Contract: Temporary seating for tennis tournament. /1f:::~;X-':f:/!to;tT City Clerk WORKSHOP AGENDA (1) Tennis Center/Stadium: 1A) Presentation and update by Digby Bridges and Mark Marsh. (B) Program for operation of the Tennis Center. (2) J Allocation of costs to replace Tropic Harbor Storm Sewer. . . CC Special/Workshop Agenda January 5, 1993 Page Two (3) vlReview of Site Plan for Leon M. Weekes Environmental Preserve. ~ (4) ~roposed Agreement from the Boys and Girls Club of Palm Beach County to erect six (6 ) billboards along the 1-95 corridor. (5) Consideration of the State Housing Initiatives Partnership (SHIP) v Program requirement to appoint an Affordable Housing Advisory Committee. (6) /proposed schedule for City Commission Goal Setting 1993. (7) /Commission comments. . '. ' " Verbat~m Excerpt from January 5, 1993, City Commission Special Meeting re: Water Service Agreement/Discount Auto Parts. Subsequent to discussion between staff and the Commission, the following exchange took place between Commission/staff and the property owner's authorized agent, Mr. Christopher D. Rieder, of Conklin, Porter and Holmes - Engineers, Inc. : David Kovacs: "Are you familiar with the action that the City Manager has recommended; doing the agreement, going through our review process and having annexation after you get occupancy?" Mr. Rieder: "Well, we have already got our site plan approval from the County, and at the last minute they came and said, 'Well, we've had some discussion with the City Manager; could you make an application for water service agreement?', which we did. Right now, we're ready to start building." David Kovacs: "You say you have the site plan approval through the County building department?" Mr. Rieder: "Yes." David Kovacs: "That is different information than what the Director of the building department had told me. He had said that there was not a building permit application in." Mr. Rieder: "Yes, there has been for quite a while. We contacted the City in June about annexing into the City, which we would have been glad to do, and they told us, 'Well, if you annex into the City, you'll come in under the wrong zoning and we probably won't let you build there' , which is why we never pursued it. Mayor Lynch: (to the City Manager) "David, does that change your recommendation?" City Manager: No. Mayor Lynch: "You still think we'll have the right to have our Site Plan Review and Appearance Board review it?" City Manager: "It is a requirement of our water service agreement to do that, and I don't see that as a problem." Mr. Rieder: "We don't have a problem with annexing in at all. It's just that when we were told we wouldn't be allowed to build there, that's what stopped us." Commissioner Randolph: "Do you have a problem with time constraints at this point?" . Verbatim Excerpt/City Commission Special Meeting January 5, 1993 - WSA/Discount Auto Parts Page Two Mr. Rieder: "Well, yeah. We could run it through the City... I mean, we've already gone through the County's site plan approval and I don't know if the City is more stringent than the County or not, but we've met County landscape codes. We're only developing about half the site, leaving half the site green, and if there would be any way that we could speed it up a little bit ... I don't know how long the City usually takes to review a set of plans. We've got our Water Management District permit and we've got Lake Worth Drainage District permit, we've got all County approvals." City Manager: "We've already started the staff review based on the materials we have. I think we have requested another couple of things." David Kovacs: "If you have all of your construction plans, bring them in tomorrow. We have SPRAB reviews on a regular basis a couple of times a month." Mr. Rieder: "Is it like a thirty day or a sixty day process?" City Manager: "Site plan review is quick." David Kovacs: "Yes, this is a fairly simple project that we can take a look at. Just give us the landscaping plans, the elevations and the site plan." Mayor Lynch: "Can I get a motion?" Dr. Alperin: "I'll move that we issue the standard water service agreement, per the annexation clause to take effect just after the issuance of occupancy permits in the County." (Motion seconded by Commissioner Ellingsworth and passed by a vote of 5 to 0.) AMH-1/12/93 ~ . . ~]T"- OF DElAAY BER[H , '. ') \T" ~ Q \iEY'~f1Ff~CE ,', --~- ,',',U:' ¡'ELK., \ I'E.\CL ¡:¡_',_'RID..\~: ;~.¡ ~:d- :~_~·~'~3· r \. ,''.qLE 11_:'- :-~_~--'<r, j i," ' iSOR ;.' ¡' ,,.: '" ~ , _ ." :. .-1 ¡,,¡ J ,J MBMORAlIDOM TO: City Commissioners FROM: Eric D. Hightower, Police Legal Advisor DATE: December 22, 1992 SUBJECT: Delray Beach Housing Authority Agreement ------------------------------------------------------------------------ ------------------------------------------------------------------------ Attached for your consideration is a copy of the agreement with the Delray Beach Housing Authority. The Housing Authority is prepared to execute the agreement and our City Attorney's Office approves of the agreement as well. The purpose of the agreement is to allow our Police Department to continue the operation of the sub-station at Carver Estates. Additionally, it will continue the involvement of residents at Carver Estates in the assistance of policing their own residence as well. Such goals fit well within the concept of community Policing. The City 's liability will not be affected by this agreement. Section 203.0.D will add the City as an insured under the Housing Authority's liability insurance policy. Section 203.0.G provides for a hold harmless agreement protecting the City from any civil suits that may arise as a result of this agreement. The agreement will run for one year until August 31, 1993 and be eligible for automatic renewal yearly unless one of the parties elects to cancel the agreement by written notice. EDH/ lrd ~ ~I Enclosure cc: David Harden, City Manager Jeff Kurtz, City Attorney $1'. I . '. ' . . \:]T'- OF DElRAY BER[H 'i ]''1 \rr~~NEY'~ ~FF~CE ,\ . \ . ~~ \., . .\, _',' :.: ·j[LR.\\ "E.\C!. :·LUR:D,\ .;.: ;.:~ : ¡ , I I ,í ,- "~-::_~...,=.~. ¡~- \C~~\I;~j: ~1'~ :.J.3--"';') I ~: '" 1 ,1¡]('OR i' A""'-: ~.,.¡ ,\~ .1. J' J t.; KEKORABDUH TO: David Harden, city Manager FROM: Eric D. Hightower, Police Legal Advisor DATE: December 23, 1992 SUBJECT: Carver Estates/Costs ------------------------------------------------------------------------ ------------------------------------------------------------------------ Enclosed with this memo is a list showing the expenses incurred on the Carver Estates Project for 1992. The grant which is listed in the first column has run out and is no longer available. That cost will now be incurred by the city. Estimates show 1993 costs will roughly be the same as 1992. If you have any other questions, please feel free to contact me. µ EDH/lrd Clt! l Enclosure cc: Chief R. Overman Major W. Cochrane Major R. Lincoln Jeff Kurtz, City Attorney . '. ' ~vø BSTA'fB.-! HOUSING POLICE ~T PAID ~THORI~ ~PARTME~ !.OT~ 10/91 $ 3,581.12 $ 3,500.00 $ 2,553.41 $ 9,634.53 11/91 3,465.60 3,500.00 2,577.02 9,542.62 12/91 3,581.12 3,500.00 2,319.68 9,400.80 01/92 3,581.12 3,500.00 1,857.46 8,938.58 02/92 3,350.08 3,500.00 2,800.40 9,650.48 03/92 3,696.64 3,500.00 2,141.20 9,337.84 04/92 3,465.60 3,500.00 1,462.14 8,427.74 05/92 3,500.00 2,578.74 6,078.74 06/92 3,500.00 2,280.87 5,780.87 07/92 3,500.00 3,183.61 6,683.61 08/92 2,640.00 3,500.00 2,723.64 8,863.64 09/92 _ 2 , 640. QQ. - 3,500.00 _2,994.~ 9,134.31 - $30,001. 28 $42,000.00 $29,472.48 $101,473.76 10/92 600.00 3,500.00 2,431.68 6,531.68 11/92 3,500.00 2,116.16 5,616.16 . , MEMORANDUM TO: DAVID HARDEN - CITY MANAGER FROM: JERRY SANZONE - CHIEF BUILDING OFFICIA~ SUBJECT: SCULPTURE FOR 640 E. ATLANTIC AVENUE --- DATE: DECEMBER 31, 1992 In reference to Ms. Waldman's letter of December 28th, the proposed location for the sculpture is on private property. However, it is boarded on three sides by the pavers put in by the City which would have to be moved and replaced to accommodate a foundation for the sculpture. The proposed area is 4' 4" while the design foundation is 4'6". Ms. Waldman would need to hire a licensed contractor to obtain a permit for this work. In my opinion, $1,500 is an extremely high quote for thi s type of installation. Due to budget constraints, we are unaware of any available funding source for this project. JS:DQ cc: Lula Butler, Director D15 Sculpture.CM SP, d,. ;. I , '/ < (' \ ( , ' "'Çk:..L {"--- PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: DAVID T. HARDEN, CITY MANAGER ~ FROM: DIANE DOMINGUEZ, PLANNER III ~ ~ N1M~ SUBJECT: REQUEST FOR FINANCIAL CONTRIBUTION FROM THE Y FOR COSTS ASSOCIATED WITH INSTALLATION OF SCULPTURE AT 640 E. ATLANTIC AVENUE Attached please find a letter from the owner 0 f the Artcetera art gallery on Atlantic Avenue, regarding a sculpture which is being proposed for installation in front of her gallery at 640 E. Atlantic Avenue. The letter states that the artist has offered to temporarily loan the sculpture to the City for a period of up to two years, or until the piece is sold. The gallery owner, Gloria Waldman, feels that the piece will help to promote the arts in the downtown area. Ms. Waldman is asking that the City, perhaps in conjunction with the CRA and/or the DDA, contribute toward the cost of installing the sculpture. The estimated cost of installation is $1500. If the piece sells before the end of the two year period, Ms. Waldman will reimburse the City for its contribution. The proposed location for the sculpture is in the open area immediately in front of the gallery, on private property adjacent to the sidewalk along Atlantic Avenue. The sculpture, which is 23 feet in height and made of brightly painted steel, would be reviewed by SPRAB before being approved for installation. Ms. Waldman is planning a show for the artist on January 15, and would like to have the sculpture in place before that date. She is asking that this item be given consideration at the earliest possible date. Please let me know if you feel it is an appropriate item for the Commission's consideration on January 12th. If not, I would like to advise her as soon as possible to seek alternative sources of funding. cc: Chris Brown, CRA Director Michael Listick, Chairman, DDA ,. , · 41q~ l~) December 28, 1992 ~~~ City Of Delray Beach Atten: Diane Dominguez, Planner 100 N.W. 1st Ave Delray Beach, Fla. 33444 Dear Ms. Dominguez; I have just recently relocated my gallery to East Atlantic Avenue as I start the 10th year in the art business here in Florida. I represent an internationally reknoHned sculptor, Esther Wertheimer, who has generously agreed to add to the beautification of Delray Beach by installing a 23' steel sculpture (see enclosure) in front of my gallery. Ms Werthei~er is willing to loan the City the sculpture for two years or until it is sold, at which time another will be installed in it's place. The cost of installation is $1500, and I am asking for your help in absorbing this cost. The value of the sculpture is $50,000. If the sculpture is sold during the time it is exhibited at this site, I will reimburse the cost of install- ation to you. Perhaps several of the City's agencies could contribute a .. portion so as to make the cost more feasible. We are giving Ms. Wertheimer a show at the gallery on January 15,1993 and would like the sc§lpture to be in place for her opening. Time is of the essence and an immediate reply would be most appreciated as we have to notify the installers. Thank you for your prompt attention. Waldman ~ ,.~ y- ..."" "j (, ii, ..... ( ì f~~, : ~.\.:; :.>~ ~ ó; l\) \.~ ,\'1(;' .-...-" Artcetera Fine Art Gallery 640 E. Atlantic Ave. Delray Beach, Florida 33483 (407) 279-9939 , ' · , '..., >;JIIt ... Esther Wertheimer Artcetera Fine Art Gallery "Waterbabies: 1989, Steel, 23 Feet 640 E. Atlantic Ave. Delray Beach, Florida 33483 ,^,r:PTHr:IMr::P cnll PTIIDJ=C I Tn (407) 279-9939 . , . ¡. I . I I I - ~ ~ fE..E:.L ~U LPTu ~ta. -... .- -.. ~y c::7(H e:..1Z "7 _____.__ ------ , 'T5'~ ?t~L.. PIP~ f.jØf~_ I ~,!,J1f JfrIEeTM~íAL. ~UMAtJ I ~- rlC.U/Z.f:h. Arp(l¡))/.. 'f4J - -:::- e~ pp? tJrze. T '" ~ uJp. .. -- ".- £7Y PTHérz.;, ri PIt:AL.- ~ t: ~ ". ~, f7A'1r.. It ~4_")l1¡f).!f..1.~,," :~,~Y' &'TH5:rz~ , " 4t~"Ç'lAH ~ A-LO" I ..~,tJ V'E.~H Û'tJ,.. I fPt'T I Nt.,. . - -- __41IJf1t£L. TÙf~ I ! I . .,i?Y Pftie.CZ =It ~J?TI FEtJ~~ I A-A f- / A .Y e~n~ea~ I I . . '1\ /1'/ . ~ ~ ,"" 4·~4- cþ AJJCHOrz , .~ ~t..T" (~4J'L.I)t-J(..) 4-''t .~. ,9 t\. --- b.j:.~ Ve~r J.- 4-f~../' 'TYP. 'f ~ H «?P? - . ' . '0, t.J?E .{l ~ 4000 r~ ¿, . k~'-~" ~ ¿01..I¿.rze.re. PI ÅM e: TI!: .-;- "----- ..----.- ------ --- r O~ E A_ tjANC.l-lE.Z Pf'. E..LE.V ArlO N . '*"::.1'-0 .. ..---- 71:)45 ?,¡,J. ?,0t7r. t':1IAMIFL.. -- FOU~DA flOW [/ETAIL0 F¿?R ~r£~L 7?UlPrLJ~~ AT -- ïH E.. I¡J A TE-l< WA Y I-¡ ?<DO I N.E. '207 ?T., M/AMiJ FLoelDA . ' . , WERTHEIMER 7064 Siena Court Boca Raton, Florida 33433 Telephone: (407) 392-3503 FAX: (407) 392-0065 I o <:::L ;1. \ I j <- To Whom it my concern, This is to certify that the sculpture titled "Waterbabies" which . is 23 feet tall 1s made of painted'steel. The value of this sculpture is $50,000. I agree to lend this sculpture to the City of Delray for two years , renewable at the end of the 2 year period. It iu understood that thie sculpture will be insured at 50% of its value ($25,000); which will cover all liabilities. A:rl LJßJ ke- , - . . , WERTHEIMER 7064 Siena Court Boca Raton, Florida 33433 Telephone: (407) 392-3503 FAX: (407) 392-0065 Du :1...1/'1-2.. The sculpture titled "Waterbabies" is 23 feet tall. Enclosed you will find enaineers approved drawinss for installation. I agree to install this sculpture as per specifications for the sum of $1500.00 represent ins my installation charse. I «tk 0ßJ~~ /S .. - . . . . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t~1 SUBJECT: AGENDA ITEM # 5 P. 3. - MEETING OF JANUARY 5, 1993 WATER SERVICE AGREEMENT/DISCOUNT AUTO PARTS DATE: DECEMBER 31, 1992 The item before the Commission is consideration of a water service agreement for a proposed Discount Auto Parts store on West Atlantic Avenue (north side, across from Barnett Bank) . The subject property is unincorporated; however, it is contiguous and eligible for annexation. The primary conflict has to do with the proposed land use (retail commercial) being inconsistent with the City's Future Land Use Map designation (Transitional) . A detailed explanation of the situation is outlined in the accompanying documentation from the Planning Director. The applicant has submitted for water and sewer service from the City and has provided an executed Water Service Agreement. Also attached is a portion of the site plan drawings. Recommend consideration of a water service agreement for a proposed Discount Auto Parts store on West Atlantic Avenue. , ¿j\, l¿v1 C I T Y COM MIS S ION DOC U MEN TAT ION TO: DA T. HARDEN, CITY MANAGER l~~{~ kuq¡:+- FROM: DA ID . KO A , DIRECTO . PARTMENT OF PLANNING AND ZONING SUBJECT: SPECIAL MEETING OF JANUARY 5, 1993 WATER SERVICE AGREEMENT FOR PROPOSED DISCOUNT AUTO PARTS STORE ON W. ATLANTIC AVENUE ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a water service agreement for a proposed commercial (retail) use. The project is a Discount Auto Parts Store. It is proposed to locate on W. Atlantic Avenue, north of Barnett Bank. The parcel size is approximately 2.1 acres. BACKGROUND: The property in question is contiguous to the City and, under normal circumstances, would annex prior to processing development plans and commencing construction (Land Use Element Policy B-3.2). However, it is possible to proceed with development under a water service agreement while the annexation process occurs. Such accommodations have been made in the past. The problems facing the developer and which form the basis for this request are two-fold. First, the proposed land use (Retail Commercial) is not consistent with the City's Future Land Use Map (FLUM) designation for the site. Our designation is "Transi tiçmal"; applicable zone district designations which are allowed are limited to: MH, RL, RM, NC, POD, RO, and CF. Thus, if annexation were required prior to development, a zoning district which would ~ be consistent with the FLUM would be applied; and, the development would not be allowed to proceed. Another alternative would be to concurrently amend the FLUM to a General Commercial designation. To overcome the above situation, the developer sought a well permit from the County. While there was a declared intent by the Health Unit to issue such a permit, this practice was questioned by the City (Mayor Lynch letter of November 24, 1992 to Commissioner McCarty). After further correspondence from the City Manager (letter of December 21st) , the Health Unit has required that prior to its consideration of a well permit, formal action must be taken by the City Commission which imposes annexation as a condition precedent to obtaining a well permit. Thus, the matter is now before the City Commission. . City Commission Documentation Water Service Agreement for Proposed Discount Auto Parts Store Page 2 Second, even though there has been discussion between the project representative and City staff since July, 1992; time is of the essence to the developer since he has prepared plans for permitting under the County. He claims that he is ready to submit for building permits (County) once water system clearance is obtained. His site plan, landscape plan, and elevations have not been reviewed by the City; thus, at this time, we are unable to comment upon compliance of the proposal with City development regulations. We note that another standard condition of a water service agreement is that all development comply with the City's development regulations including processing through the Site Plan Review and Appearance Board. PLANNING AND ZONING BOARD CONSIDERATION: Due to the urgency of this request, the Planning and Zoning Board has not reviewed this specific item. ALTERNATIVE ACTIONS: 1. Do not issue a water service agreement (i.e. require annexation as a precedent to development approval) and direct staff to formally object when an appeal is made through the administrative hearing process. 2. Issue a special water service agreement which does not require development to be in compliance with City standards but which does require annexation to occur just after issuance of occupancy permits. 3. Issue a standard water service agreement which will require compliance with the City's development standards, including site plan approval by SPRAB; but defer annexation so that it occurs just after issuance of occupancy permits. RECOMMENDED ACTION: Commission's discretion. Attachments: * Location map * Initial inquiry of July 20, 1992 * Weedon response letter of July 23, 1992 * Lynch letter to McCarty, November 24, 1992 * Gargiulo letter to McCarty, December 15, 1992 * Harden letter to Gargiulo, December 21, 1992 * Standard water service agreement DJK/CCDAP.DOC , IÄ. , 0" , "-1 4 IIØI .,; ¡ .-" ¡. rI ..... _ rr. " LL ,. It. " 1 -. ...- I ~ rI :t ~... ) - '.. rI . .... .. If. '" . ~ ..". J I I I I ~, ..~ '.: ,.~. . ..... ....,.,- .1, ~j . , .;: . .~ I . . ~ ~ rãì ..... fTIIIIØ . ~ :v , ® , I ~ ~ I - , .., ~ " ~ I.u. , ... ~ ~ ~ v . I I I / J ~ ... S- 1- IIfoIICI ..I ---- ~ ... - I I " ~ ..... &II: Q ... \\ .\ \\ \ \ .\ , c , , 0 - !!!:-- ~- -,-. ~ ::;::;::j . . §~ §§ t· (j) ::::...-' .......~ '., :::: ::::" vC::: ~~ ç.~ ~~ :::;: 'P\~~ ¡:::;::¡:, :.::;....... ~...... )- i ~~N~\O" ;:::: ~~ ............ III: I ~, ......~ ~ I § ~.... t:::: ~ :::: ~ " ... i - .......:::: vi:::=- ~ u ..I \ ¡::;: ~/ V _L.- - , - \ ~~ :......:::: /¡:::: . 2. ~ ::::v . ", ~~ ¡:;:...- , , / -" ~.... c '.' ~~~'f v:::;:: ~@ ..". V:...- :::;:=;: ~:::: . .... L.......L...... -.... ~- ;. ! * ® -.......... . ."¡ ~ÞGS . , , ATLANTIC AVENUE ! 1 , - - ~~1i - - ~r\~ - - - - i 'S~~ N - - - - - - - - - ,- : J ~ I I 111111'1111 rrr rr t= >-- ~" "- ~'-j , - Conkll' ~er and Holm.. © ¡;çv ENGINEERS,INe. l1()o1 E, ROBINSON STREET OALAHDO. FLORIDA 32101 TEl. t01"2S44U FNl. .t01+4a-1038 July 20, 1992 "1; ~b" Wt~. 'O~~~ DAVID KOVACS ~~~".,~ CITY OF DELRAY BEACH 100 N.W. FIRST AVENUE . DELRAY BEACH, FL 33444 RE: DISCOUNT AUTO PARTS - ATLANTIC AVENUE & MEDICAL CENTER DRIVE CPH PROJECT NO. D0428.00 Dear Mr. Kovacs, We are representing the owners of the above referenced parcel in their effort to construct an auto parts store. This site is currently in Palm Beach County but is contiguous to the City of Dclray Beach. It is our understanding that the City plans to annex this parcel which the owners do not object to. The problem occurs in that Palm Beach County requires that we connect to the City's water and sewer system. The City requires that we annex into the City before they will provide us with water and sewer. We currently have the proper zoning with the county but if we annex into the City we will not have proper zoning and will be required to request a zoning variance, which mayor may not be granted. . This "catch 22" leaves us with an undevelopable parcel of land. please call me at your earliest possible convenience so that we may discuss this matter. ~~\y~ -- Sincerely, ~ S " C~,NKLIN POR::R & HOLMES ENGINEERS, Ixt~~ r/i~' -.~"'-:::".\ . '->t\,,~- 1') ~).,-.... ;;: )~"Y...- .~..-;- ,,: ¡,.,~ Chri s to her Ri eder \~ ~~\1'" \.", " - '. ...:-,~, V" ~ ~ "~,,, (' ") \, i" cc Cliff Wiley \ J: tv" ""'. ,...J ..<\ wi 11 iam Hoschell ~ y- .." ~.- vi . . . [ITY DF DELRAY BEA[H 100 N.W 1st AVENUE . :)ELRAY BEACH. FLORIDA 33444 . 407/24),7cø July 23, 1992 Mr. Christopher Rieder Conklin, Porter and Holmes, Engineers 1104 E. Robinson Street Orlando, Florida 32801 RE: Discount Auto Parts Atlantic Avenue & Medical Center Drive CPH Project No. 00428.00 Dear Mr. Rieder: Thank you for your call today in follow-up to your FAX of July 20, 1992. As I mentioned in our conversation, this letter will provide you with information relative to the City's position on water and sewer service and annexation of the referenced property. The subject property is an approximate 2.05 acre parcel which lies north of West Atlantic Avenue at Medical Center Drive, within unincorporated Palm Beach County. The property is shown as Transitional on the City of Delray Beach Future Land Use Map and is contiguous to the City of Delray Beach boundaries on the south and west. The proposed use of the property is a Discount Auto Parts Store. The City of Delray Beach is the utility (water and sewer service) provider for the subject property. The City of Delray Beach provides water and sewer service to unincorporated properties via two methodologies; 1) a water service agreement, and 2) by annexation. Properties which are not contiguous may enter into a water service agreement with the City. Properties which are contiguous are provided service upon annexation. The City's standard water service agreement contains a voluntary annexation clause, which runs with the land. This clause authorizes the City to annex the property, subject to the agreement, upon contiguity with municipal boundaries. As the subject property is currently contiguous, it is likely that we would annex the property rather than execute a water service agreement. - - ~ . . , . Mr. Christopher Rieder Discount Auto Parts - Atlantic Avenue , Medical Center Drive - CPH Project No. D0428.00 Page 2 Contiguous properties are required to annex in order to receive services. There are a few exceptions to this methodology, but these properties were in areas in which the City was not at the time prepared to annex. The best example of this situation is properties west of Military Trail prior to the City beginning annexations to the west of Military Trail. This type of exception, is not relevant to the subject property. Therefore, the property should be annexed to the City. The annexation process involves annexation and zoning, and if appropriate, amendment of the Future Land Use Map designation. Development of the subject property as a Discount Auto Parts' store, would require either AC (Automotive Commercial) , PC (Planned Commercial), or GC (General Commercial) zoning. The most appropriate zoning would be GC. All of the noted zonings are inconsistent with the current land use designation of Transitional. A Future Land Use amendment to the General Commercial land use designation would be required concurrent with application for annexation and zoning. The annexation, rezoning and land use amendment will be processed concurrently. To facilitate your consideration of the information herein, I have enclosed the necessary applications for rezoning, land use amendment and annexation. If you file these applications on or before Friday, August 7, 1992, the following tentative schedule could be accommodated. P&Z Board Public Hearing - September 21, 1992 . City Commission first reading of ordinances - October 13, 1992 City Commission adoption (second reading) of ordinances - November 10, 1992 '. ·~ . Mr. Christopher Rieder Discount Auto Parts - Atlantic Avenue & Medical Center Drive - CPH Project No. D0428.00 Page 3 If you have any questions regarding completion of these applications please call Jeff Perkins or Jasmin Allen at (407) 243-7040. I will most likely handle your case once the application is submitted, so feel free to contact me with any other questions you may have. ~QnCU'0-/.u-L n s~an¡~ Weedon, ~' Planner III Attachments: Application for Annexation Application for Rezoning, and Plan Amendment Application for Water Service and copy of standard agreement (for informational purposes) c: Correspondence File Jasmin Allen, Planner I Jeff Perkins, Planning Tech. I Discount Auto Part, West Atlantic File T:RIEDER ". '. ~ r' [ITY DF DELHAY BEA[H ·1 ,--", '-......~ "- '~ . 100 N,W 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243- 7000 November 24, 1992 Mary McCarty, Chairperson Board of Palm Beach County Commissioners 345 S. Congress Avenue West Palm Beach, Florida 33444 Re: Non-APplicability of ERC-II Rule within Municipal Service Areas. Dear Cha~~ McCarty) It has come to our attention that the Administration of ERC-II Rule, now Article 7 of the County Land Development Regulations, may be administered in such a way as to allow new development to proceed with a private well system even though a municipal water system is available to the new development. Apparently this situation exists because the Health Department feels it inappropriate to require connection to a municipal system if annexation is a pre-requisite to connection. In the Delray Beach area, the problem with County projects receiving building permit approval prior to contacting the City for water services received much attention in 1987. At that time, a special "enclave" provision was written into the County Code. That provision required prior municipal contact and, when appropriate, approval for all new construction within the "Delray Beach Enclave Area". Referrals were made to the City for property which was not within the formal enclave area, but which was serviceable by the City water system. This situation had worked fine and there had been no problems with coordination nor had there been inappropriate development since. However, subsequent to that time it appears that the ERC-II rule was changed and a project, located wi thin the City's service and planning area, can receive development approval and proceed with a well, authorized by the Health Department, without any formal communication with the City. Our reading of the ERC-II Rule (Article 7) as contained within the County's recently adopted Unified Land Development Code does not support the way in which the rule may be currently administered. T-:: E==~c~ þ". .:. '..~ r.~.::. ""'''''= =,: , To: Mary McCarty, C"" :tirperson " Re: Non-Applicabi1. / to ERC-II Rule within Municipal Service Areas Page 2 The incident which has brought this situation to light is the proposed construction of a Discount Auto Parts Store on West Atlantic Avenue, across from Barnett Bank (west of Barwick Road) . Apparently, building permit approval and authorization to use a well have been granted and the site is being prepared for construction. If the foregoing is correct, the resulting situation certainly flies into the face of joint County and municipal efforts to eradicate enclave development and to facilitate appropriate annexations. Further, it allows development to occur on a parcel, whose frontage is surrounded by municipal lands, to standards which are not consistent with the municipality's codes. Finally, it thwarts about the only tool which municipalities have to require appropriate annexations. Thus, I ask you to pursue the following. First, please verify the situation with respect to approval for use of a well for the proposed Discount Auto Parts Store and determine whether, or not, such approval (if given) was appropriate without formal notice or inquiry to the City. Second, I ask that the Board of County Commissioners act immediately to amend Article 7 of the Unified Land Development Code, if indeed, the above situation can occur without notice and consent of an affected municipality, not withstanding the issue of annexation and/or land use. Siij / /~ t__ THO S E. LYNCH MAYOR TEL/dIm c: Maude Ford Lee, Commissioner District 7 Burt Aaronson, Commissioner District 5 Kristine Kern, Ex. Director, Building, Planning, and Zoning - ~ Dennis Foltz, Director of County Planning \o~'1 ~~<S.~J:l WillI n.s, County Health Department 3Ss - :, 01 " David Harden, City Manager David Kovacs, City Director of Planning and Zoning Wm. Greenwood, City Director of Environmental Services DJK/DISCOUNT.DOC '. . , 12/17/92 c: City Manager ~ ~" Jeff Kurtz ; ..,,- #. .# Bill Greenwood [a~] David Kovacs ,H~ , 1 ,m STATE OF FLORIDA .,- :AB:mld ~ DEPARTMENT OF' HEALTH AND REHABILITATIVE'?ERV1éi:.s December 15, 1992 ~ -.-- -~~ ("';'" -~",..- ~ ,- ..... .. I, " , . . Corrmissioner Mary M:Carty, O1airperson '- Palm ~ach (bunty Ebard of COunty O:mmissioners " ~ '" 4 # ...: r- " ,.' # ,. -- Goverrrnental <:enter -" "-'" 3Øl NJrth Olive Avenue - ...'--' . ...:.:. West Palm ~ach, FL 334Øl P ~::. , : ~ ' :" ,'''; - Re: Palm ~ach (bunty Environmental Control Rule II (ECR-I I) Dear Cbrrmissioner M:Carty: This is to clarify the issue raised by Delray Beach Mayor 'Ihomas Lynch in his letter dated Novanber 24. Si nce it's adoption in 1979, EX:R-I I has always required new cœmercial developnents to hook up to an areawide water supply, when a water main is available in a public right-of-way or easement within one thousand (lØØØ) feet of the property. However, the interpretation of the teDn 'available' has changed. Prior to 1988, the Health Unit required a connection, even if the proferty had to be annexed as a pre-requisite. '!his requirement was frequently challenged by affected property owners and their request for a variance was generally granted by the Board of County Corrmissioners. SUbsequent to a District Court of Appeals ruling in Decanber 1987, on a similar issue in Pinellas COunty, we were advised by the former (bunty Environmental COntrol Officer, Susan wbi tz, that the water supply should not be deemed available if annexation was required by the provider. ECR-II was accordingly revised in 1988. It has always been our preference that all urban deve10pnents be connected to a central water supply systEm instead of an on-site systan. \të have worked closely with municipalities and other public utilities to facili~te extension of water service to existing and proposed developnents. 'Ibe issue of annexation as a condition to water service is a legal one, and maybe one that the COunty Attorney's office should research further. In our opinion, there is no need to modify ÐCR-II, as is being su:Jgested by Mayor Lynch. tn reference to the Discount Auto Parts Store mentioned in Mayor Lynch's letter, the Health Unit has received a peLmit application to install an on- site water well and treatment systan. 'Ibe application is under review and upon resolution of the technical aspects, it is our intent to issue the permi t. Si nee the Ci ty of Delray Beach has objections to an approval of the permit, we will require the applicant to publish a notice in the newspaper of the Health Unit's 'Intent to Issue Pe~it'; the City has the OISTRICT IX r1" ... }~:-, ,-,: ~I"" T'.. ¡:¡ :, ....-, 1 I ',I-~ . f) (I r-;('I\" "),) . ·.'.·r-~....:::·"'-- fl \1 \ ~ U,r.:- 'o. (¡ ~"!, )f~~~-1 \. ."~.~ J_: '. . . þ Page '!We> Conrnissioner M:Carty December 15, 1992 . legal right to file a petition for administrative hearing within fourteen (14) days of publication to challenge the issuance of the permit. A hearing officer will then be assigned to take testÜDony and make recommendations on this matter. A copy of the letter from the City to the applicant's engineering consultant concerning the provision of water service to the subject property is attached. Please let me know if you require further clarification. Si ncerelYji- A I, / ' \, (/0 0 __ , ' "- . -- ' ;'--..: Fran J. Gargi~O' P.E., Director Division of En ironmental Science and Engineering FJG/lb cc: Mayor 'Ihornas Lynch, City of De1ray Beach Kimberly 'Iendrich, Envirormenta1 Control Officer - æc Bevin ~au:1et, P. E., Deputy County Administrator - æc Jean Creamer, Assistant County Administrator - æc . . r;:::-- ~,,- I- I, , ' '~ ! t ' r, \ - .... '- .. 1)-' ...~ [:~ ~'"' 1992 [ITY OF DELRAY BEA[H pò_,',..; , . .- :,.... ,\'1: '. C _ '11 It "~o N .J ,':: ~'" =~.JE . D':,-~':" ~"_'~., :':...,::,RI!)':' 33444 . 407/243,7Q(Y.) December 21, 1992 Frank J. Gargiulo, P.E. Director Division of Environmental Science and Engineering Department of Health and Rehabilitative Services P.o. Box 29 West Palm Beach, Florida 33402 Re: ERC-II and Discount Auto Parts Store Dear Mr. Gargiulo: I have received a copy of your correspondence dated December 15, 1992, which was directed to Commissioner McCarty. The subject of the letter was Mayor Lynch's letter of November 24, 1992. In your response, specific comments were made with respect to a Discount Auto Parts Store. There are two aspects of your response that I wish to address. The first deals with the City's alleged objection to approval of the well permit. Up to this point in time, there has been no formal action by the City which would preclude connection to our water system since the developer has yet to have made application to the City for such service. A Mr. Rieder has recently had discussion with our staff about the manner in which he may seek water service from the City. He was informed about our general policy of requiring annexation when property is contiguous to the City. He was also informed that such service can be provided through the terms of a water service agreement and that he could state his desire not to annex (or defer annexation until establishment of his use) when the agreement was presented to the City Commission. Essentially, this is the same information as provided by Mr. Stan Weedon's letter of July 23, 1992. While it is the City's policy to annex when property is contiguous, a water service agreement to the contrary can be approved. Since, Mr. Rieder has not yet formally petitioned the City, it seems inappropriate for the Health Unit to have fully processed the application and to declare its intent to issue a permit. I note that Mr. Weedon's letter of July 23, 1992, was advisory and provided Mr. Rieder with the appropriate paperwork under which he coulà pursue his request. '. To: Frank J. Gë iulo, P.E. Director Re: ERC-II & Di__ount Auto Parts Store Page 2 The second item which I wish to address is that of notic~ to the City. Generally speaking, I'm sure that you would agree that the burden for becoming aware of such determinations should not require a municipality (service provider) having to read through legal notices of local newspapers in order to be made aware of an appeal period; and, that courtesy notices should be provided. Since in this instance, the Health Unit is aware of the City's interest, it is requested that we receive direct notice when the "Intent to Issue Permit" is published. I trust that the Health Unit will consider the comments in the above paragraphs when the processing the well permit. i1nc~relY' ( . - ¡--r- \ ; <""'"--t~ I, IÇ.'~~ David T. Harden City Manager DTH/dlm c: Mary McCarty, Commissioner District IV Kristine Kern, Director of County Planning, Building & Zoning Thomas Lynch, Mayor Jeff Kurtz, City Attorney Wm. Greenwood, Director of Environmental Services David Kovacs, Director of Planning DJK/DAPARTS.DOC . RECEIVED _ OfC 3 1 1992 STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILI19l~(Efß~ December 29, 1992 David T. Harden, City Manager City of Delray Beach 100 N.W. lst Avenue De1ray Beach, FL 33444 Re: Proposed Discount Auto Parts store, Atlantic Avenue and Medical Center Drive Dear Mr. Harden: This is in response to your letter dated December 21. As previously stated, it is always our preference that urban projects receive water service from a central system instead of an on-site supply. The letter dated July 23, 1992 from Mr. Weedon of the city's planning department pertaining to the referenced project leaves no doubt that properties contiguous to the city have to annex to obtain water service; this letter also indicates that the proposed use is inconsistent with the current land use designation and a Future Land Use amendment to the General Commercial land use designation would be required concurrent with application for annexation and zoning. We are glad to note from your letter that connection is possible without annexation by means of a water service agreement. On the basis of your letter we have advised the applicant to contact you regarding water service. A copy of our letter to the applicant is enclosed for your information. If the applicant's request for water service is turned down by the City Commission on account of annexation, we will proceed as previously explained. Of course, you will be notified of the 'Intent to Issue'. Should you need to discuss this matter further, please feel free to contact me at (407) 355-3070. Sinc~rel " I / I ' . 1 // / .~ FÌ:~~k J. Ga~ 'iUIO, P.E., Director Division of Environmental Science and Engineering FJG/lb cc: Commissioner Mary McCarty - Chair, PBC Board of County Commissioners Bevin Beaudet, P.E., PBC Deputy Administrator Kris Kern, Director - PBC Planning, Zoning & Building DISTRICT IX PALM BEACH COUNTY HEALTH UNIT · P.O. BOX 29 · WEST PALM BEACH, FLORIDA 33402 LA WTON CHILES, GOVERNOR . II1II1 STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES December 24, 1992 Christopher D. Reider RECEiVED Conklin, Porter and Holmes DfC J 1 1992 1lØ4 East Robinson Street Orlando, FL 32801 . CITY MANAGER'S Off iLE Re: Discount Auto Parts, Application to Construct a Non- Community Water Treatment plant - File #WC50-222337 Dear Mr. Reider: .. We have just been advised by the City of Delray Beach that a connection to the municipal water supply system may be possible through a service agreement without mandatory annexation. The decision concerning this matter would be made by the City Commission upon your application. Please contact Mr. David Harden, City Manager in reference to this issue, as to the application process. Pursuant to Section 10.C of Palm Beach County Environmental Control Rule II, connection to a public water supply system is required when available within one thousand (1,000) feet of the property. Thus, the referenced application will be held in abeyance pending your resolution of this issue with the City of Delray Beach. . /' S]3( ! ·L J~ /' c / , . / / L,¡ /"" ./ ! Frank J. Ga ~,.g i u10, P.E., Director Division of/Environmental Science and Engineering FJG/lb cc: Da vi d T. Harden, City Manager - City of Delray Beach DISTRICT IX PALM BEACH COUNTY HEALTH UNIT · P,O. BOX 29 · WEST PALM BEACH, FLORIDA 33402 LA WTON CHILES, GOVERNOR , ~~.::~ .'. A-í~NTí6 Æ V £~.';.~ . , :.. ,':, . / / __ ,,_ "-._ _. - _, _.0 _. _ __ /:~.<~,' Pn_. p~. .-L ..: .~;r,'" '\ - - - .o~ :-.!;'>''':'' -.c_--=_.-JlL~~-- -.- --.~' . /v(~! - - ~5' '~. I , I 1 \ 0 \ r=~ f .. I I / .. ! í ~ I ! I I - I , ',' i ¡II , - : 1\ i , ~~~~~~ I ~aUi! , ~ ! I ~inš~ ¡ , . ~ a~.= ~ I I "~I~;; i i ..@ . ~ ¡ I.., ¡~ 1).'" "iI~~,,_ ~. ".' eo.OO' ~ . 1$.0-· ;> .¡:C ~ ~ ¡..iI . !il fA '~ , ,~ I I ' I ~ 1,1 /I~I r: - -t ii' /'; ~ ~ I" ./ ,,~ / s. ./ ~ ·~I I . ; . I " -p ~~ II L' fR~! ~II - \ . ~ _ ",,--1~ ª-<:'! a,ð i ~ š:: ~ I \ III r.I (l) ~i ~~ a. I 1111 " "- () ãJ 8§ \ 0 I. I Ii i (') I (l) I i ~ I ij I I ,... I (l) ~ I I . I 0 I I I . SPAŒS .. uO' UoOt :J. I I I , < I I CD I I I I I -1 J $Al... j. j , c.l-l -:=1:::1 I I I ~II ¡ ¡ I i I' I I ~~'i ~ I i JiI": ~r I ~ I ~I! ¡; " z '" .. ~ ,._. .-J ¡ " ~ 0 " , f ~ ~ I 0 ~ ~ ! . I v '" . c ~ti "', c ~ ~~i ~ : u ~~.o( I , . , LU(,;AIIUN NO.: <--- -- . - .--.-.'..--. ----~-, ~~.- - ;J''''''''''' , .... . RECEIPT NO.: L-J N~ , lATE: Applicalion No.: ", . , . , . . Cl1Y OF DELRAY BEACH ENVIRONMENTAL SERVICES DEPARTMENT REQUEST FOR NEW OR REVISED WATER/SE\VER SERVICE ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ; TO BE COMPLETED BY APPLICANt' NAME F"rz.ËI~ C. -(=\_1 P~e::. PHONE (,~ o.~ ) 4-4.. 7,. -'1'V:~ (p .- MAILING ADDRESS 2&00 Sï-t'.,o" ,A. ST. A'~T. 7o? c.O~L.~~1..1~6 FL. 3313Î" SERVJCEADDRESS 4-(9"':2,. W. Ä"TL..A,.1,V ,A-.JI~. DËLl7_..ò..'t ~.,""'. FL.. 334-4-5 LEGAL DESCRIPTION: LOT BLOCK SUBDMSJON: Se:E:. Aì\AÇ-.\-UE.O REStDEN11AL . SINGLE FAMILY MUL 11 FAMILY Fixture counl I I No. of units I I Sewer size I I Sewer size I I COMMERCIAL No. of units I .1- I No. of square feet \10,000 I Sewer size I 4" I Waler meler size requesled I 1." t FIRE UNE (lRRlGATION-) VEGETATION Size re~ueSled I N/A I I N/A I I I . Size requested - Exceptions see Code or Ordinances 52.1 9 and/or Land Development Regulations 6.1.10(5) or caU EnvtronmentaJ Services/Utility Inspector: AppllcaUons may be delaye d lo vcr cation or wa er and sewer avatJabWty to property. Date '"l. .t.~~~ 'L ..--------.-------------------------------.------.---------------------------------------- ------------------------------------------------------------------------------------------ 10 BE COMPIErED BY ENYlRONMENTAL SERVICES ERO_METER SIZE INSIDE CI1Y OUTSIDE CI1Y DEPOSIT TO GUARANTEE PAYMENT CODE OF ORDINANCE 52.33 44 t .()()OO·221·11.00 METER INSTAl~TION CHARGE METER SIZE IN INCHES ,. CODE OF ORDINANCE 52.32, 44 t -000·343·33.00 ..1 - CONNECTJON CHARGE (WATER) NUMBER OF UNITS/ERe @$788.00 CODE OF ORDINANCE 52.31 441·000·343-3(00 CONNECTION CHARGE (SEWER) NUMBER OF UNITS/ERe @$108-4.00 CODE OF ORDINANCE 54.13 441·0000-343·52.00 TOTAL AMOUNT REQUIRED NOTE: ALL FEES LISTED MUST BE PAID PRIOR TO INSTAl~TION OF METEPJSERVICE. APPlICATION MUST BE RESUBMITTED IF PERMIT LAPSES OR IS RENEWED. :>AM NO. 11'·001 (One Eqùvalenl Reside~ìal Connedim (E.RC.) .1.500 Galons Per Moolh) EVISEO , 21211191 APPROVED BY f\TE 0'·0'·" . , . . APPLICATION , . for . WATER .SERVICE AGREEMENT . ~~ Date: 11.0 29-9'Z- {l) Applicant Information: Name of Project D\~~uNT AuTo PAI"2..""t''b (if applicable) Name of Individual/s or Corporation r-:: rz..E (") c.. F L. \ P 5 E.. Address 2(DO n Se:.c...o,,\A. S-r. Ap\,. Î03 . City, State, Zip Cor'ZAL (;.,A(2..Le:~ F" \-. 33 \34- Person to Contact and Phone Number C\..UZ.\6"To P~e.R- rz I E.C E.l"Z- 40 Î.. 4- 2.5 - o4..s 2. Address to Which Executed Agreement is to be Sent: (Leave blank if same as above) CO ...!¡'¿L \ rJ. r=b rz..,. en.. ~ ~ 0 L- M e..~ \ \0 4- E.. fZo~IN"ÓoN S,. () ~ LA,.J Dr") F\.... 31..~t!:)\ (2) Property Information: Legal Description: (attach if insufficient space) SËE- A \ [' A c:::...\4. E=j1 Location (in Layman's terms) ~ 11 W 0 Corz.t-1 E 12_ A\"LAN"\\L- A", E- l. M E.D \ c::A L.. c....Ë.N"TE.~ Drz... Add re s s ,.5--6, Î '?, vJ", A-rLÂN\'IL Ä-..JE.. DE.\....{ZA'j ßGI-\ Fl.... 3:~4-LhS Present Zoning CG, (P.;'~\..M ~c..,,",. Co') Present Use \/Ac..A.r--!T Proposed Use Äu-ro PA('2.\,5 5\'0 rz.~_ 4/23/84 '. . . ~ . AGREEMENT FOR WATER SERVICE This agreement, made on this ____ day of , 19 -' by and between ¡:::'r7r-,.. Co i=L \ I=> ~ e;:. , hereinafter called the CUSTOMER, and the CITY OF DELRAY BEACH, a municipal corporation of the State of Florida, hereinafter called the CITY. WITNESSETH, that the CUSTOMER, his heirs and assigns, for and in consideration of the privilege of receiving water service from the Municipal Water System, agrees to the following: 1. The CUSTOMER agrees to pay all costs of engineering, materials, labor, supervision, inspection, testing in order to install the total length of extension necessary, in the professional .opinion of the Director of Environmental Services, to provide service to the CUSTOMER'S premises. The CUSTOMER shall be responsible for the installation and conformance with all applicable codes, rules, standards and regulations of all service lines, and connections on the CUSTOMER'S premises. The CITY shall have the option to perform the necessary work or the CITY may have such work performed by outside forces in which case the CUSTOMER shall pay in advance all estimated costs thereof. In the event the CITY has such work performed, the CUSTOMER shall remit such advance funds and any additional funds as may be necessary to pay for the actual completed project for the extension of services. 2. Any main extension made under this agreement shall be used only by the CUSTOMER, unless permission is granted by the CITY for other party or parties to so connect. If the CITY requires upsizing or increased capacity beyond what is determined to be adequate by the Director of Environmental Services in size and/or capacity, a pro-rata refund will be made directly to the CUSTOMER by the CITY to compensate these additional costs. The CITY may also require alternative bids to document the increased sizes or capacity to establish these cost differences. The CUSTOMER acknowledges that its right to receive any refund pursuant to this paragraph is subordinate to any and all requirements concerning the City's outstanding water and sewer revenue bonds. 3. Title to all mains, extensions and other facilities extending from the CITY water distribution system to and including the meter to service the CUSTOMER shall be vested to the CITY exclusively. 4. The CUSTOMER agrees to pay all charges, deposits, and rates for service and equipment in connection with water service outside the CITY limits applicable under CITY'S ordinances and rate schedules which are now applicable or as may be changed from time to time. S. Any rights-of-way or easements necessary shall be provided by the CUSTOMER. 6. It is understood by the CUSTOMER, and shall be binding upon the CUSTOMER, his transferees, grantees, heirs, successors and assigns, that all water to be furnished, supplied, and sold under this agreement is made availabla from a surplus. If a surplus does not exist at the time of CUSTOMER'S actual request for commencement of service, as determined by the CITY'S Environmental Services Director, then the CITY without liability may refuse to initiate service to the subject premises. 7. The CUSTOMER further agrees in consideration of the privilege of receiving water service from said CITY, that the execution of this agreement is considered a voluntary petition for annexation pursuant to Section 171.044 of the Florida Statutes or any successor or amendment thereto. Rev. 07/09/91 '. , · Furthermore, should any other general law, special act, or local law be enacted which provides for voluntary or consensual annexation, this agreement shall also be considered a petition and request for annexation under such other laws. The premises shall be subject to annexation at the option of the CITY at any time they are eligible under anyone or more of the above-referenced laws concerning annexation. The legal description of the subject premises is as follows: SI=C= /~ITAc..\-\E.D The CUSTOMER acknowledges that this covenant for annexation is intended to be and is hereby made a covenant running with the land hereinabove described. That this agreement is to be recorded in the public records of Palm Beach County, Florida, and that the CUSTOMER and all subsequent transferees, grantees, heirs, successors and assigns of CUSTOMER shall be bound by this annexation agreement. 8. It is hereby agreed that the CITY shall have no liability for the termination of water service to the premises, if the City Commission shall determine that it is appropriate to protect the public health, safety and welfare of the property or inhabitants in the City of Delray Beach, so long as the premises remain outside of the CITY limits. In the event the City Commission makes such a determination, the CITY shall be and is hereby authorized to discontinue water service to the premises upon ninety (90) days notice given by the CITY. In the event that the City Commission of the CITY determines that it is necessary to permanently discontinua water service to the above property, then the CITY shall execute a recordable release of this annexation agreement which shall be recorded at the expense of the CUSTOMER. 9. In addition to the limitation of the CITY'S liability under paragraph 8 above, it is agreed the CITY shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this agreement due to any prohibitions, restrictions, limitations or requirements of local, regional, state or federal agencies or other agencies having jurisdiction over such matters. Also, the CITY shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other causalities or other circumstances beyond the CITY'S reasonable control. 10. The CUSTOMER hereby agrees to indemnify, defend and hold harmless the City of Delray Beach, Florida, its Mayor, members of City Commission, officers, employees, and agents (both in their individual and official capacities) from and against all claims, damages, lawsuits and expenses, including reasonable attorneys' fees (whether or not incurred on appeal or in connection with post-judgment collection) and costs arising out of or resulting from the CUSTOMER'S obligations under or performance pursuant to this agreement. 11. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated in this agreement. No modification or change in this agreement shall be valid or binding upon the parties unless in writing executed by the parties to be bound thereby. - 2 - '. , . . 12. The' water use granted by this Agreement is for the quantity of ~ tap(s) located on the property described in paragraph 7, above. The water shall be in conjunction with use as depicted upon the plan known as n,,,,.. <'".IN,," Ä-.J>'L> P.A.I'Z..,. ... and approved by the Delray Beach City Commission on Any water furnished under this agreement shall not be used for irrigation purposes unless such use is specifically and separately approved by the Director of Environmental Services. 13. As an expressed condition of this Agreement, the CUSTOMER further agrees to abide by all ordinances of the CITY which are in effect at the time of development, redevelopment, or renovation on the site and which pertain to land use and development matters. Such matters include, but are not limited to signage, landscaping, architectural review and approval, and the CITY'S formal site plan review and approval processes. However, no development requirements of the CITY shall be imposed which shall have the effect of diminishing a County development standard or requirement. In such .cases, the CITY requirement shall be subservient and no further action of waiver or variance shall be required. 14. Water service, pursuant to this Agreement, must be activated within two years of the date of this Agreement or said Agreement shall be void. This Agreement shall also become void upon annexation to the City of Delray Beach. Rev. 07/09/91 - 3 - '. , . , "~ ..;. .'", . IN WITNESS WHEREOF the parties hereto have this agreement the day and year first written. /J WITNESS: / // C~~'"Da·_\._l cust er ATTEST: CITY OF DELRAY BEACH City Clerk MAYOR (EGAL DESCRIPTION APPROVED BY PLANNING DEPARTMENT FORM APPROVED BY CITY ATTORNEY STATE OF -ðk,L COUNTY OF fJAA.'1' ' The foregoing instrument was acknowledged before, me this ~, of <..')..,n'4~ , 19 f.J by ~L~.,,~-J..MLY? ':b. )'t:.-dt:.'li' (name of person acknowledge ) is personally known to me or has produced as identification and "he àià (did not) take an oath. ~~~- Signatu e of Person Taking Acknowledgement (Ç.-,,;, / --Sti'l::h ÙÀ '\ð-J Name of Ac now ledger, Typed, Printed or Stamped OFFICIAL SEA :RalllkL STEPHENSON . : My CommissIon Expires ....~ ~i Jun. 23, 1996 S .. ·~ì ~~. ~'IiG aliltUlI er1 r, any (Notary Seal) Rev. 03/18/92 - 4 - , ' . .- ~ . STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _____, of , 19 _ by (name & title of officer or agent) of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced as (type of identification) identification and who did (did not) take an oath. Signature of Person Taking ~cknowledgement Name of Acknowledger; Typed, Printed or Stamped Title or Rank Serial Number, if any (Notary Seal) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _____, of , 19 _ by (Mayor) and by (City Clerk) on behalf of the City of Delray Beach, Florida, a Florida municipal corporation. Said persons are personally known to me or have produced as identification and did (did not) take (type of identification) an oath. Signature of Person Taking Acknowledgement Name of Acknowledger, Typed, Printed or Stamped Title or Ran'k Serial Number, if any (Notary Seal) Rev. 03/18/92 - 5 - " ' , -,.,' Legal Description Discount Auto Parts : Re: A parcel of land in Section 13, Township 46 South, ~ Range 42 East, Palm Beach County, Florida, more fully described as follows: Begin at a point where the West line of the West half (W 1/2) of the East half (E 1/2) of the West half (W 1/2) of the Northeast quarter (NE 1/4) of the Southwest quarter (SW 1/4) of Section 1 3, Township 46 South, Range 42 East, Palm Beach County, Florida, intersects the North right of way line of State Road 806; thence run North along said West line 547.0 feet to a point; thence run East along a line parallel to and 547.0 feet North of the North right of way line of State Road 806 to a point in the East line of the West half (W 1/2) of the East half (E 1/2) of the West half (W 1/2) of the Northeast quarter (NE 1/4) of the Southwest quarter (SW 1/4) of said Section 13; thence run South 547.0 feet to the North right of way line of State Road 806; thence run West along said North right of way line to the Point of Beginning. LESS the South seven ( 7 ' ) feet thereof,. heretofore conveyed to the County of Palm Beach, In The Stat~ of Florida, for public highway right-of-way purposes. Commonly known as 4673 West Atlantic Avenue, oOelray Beac~l, Florida 33445 Property Control No. 004246 13 00 0007060 . ' '~ . AC'l'BORIZA'l'IOW 0. 0W1ID Re: A parcel of land in Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida, more fully described as follows: Begin at a point where the West line of the West half (W 1/2) of the East half (E 1/2) of the West half (W 1/2) of the Northeast quarter (NE 1/4) of the Southwest quarter (SW 1/4) of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida, intersects the North right of way line of State Road 806, thence run North along said West line 547.0 feet to a point1 thence run East along a line parallel to and 547.0 feet North of the North right of way line of State Road 806 to a point in the East line of the West half (W 1/2) of the East half (E 1/2) of the West half (W 1/2) of the Northeast quarter (NE 1/4) of the Southwest quarter (SW 1/4) of said Section 13, thence run South 547.0 feet to the North right of way line of State Road 806, thence run West along said North right of way line to the Point of Beginning. LESS the South seven (7') feet thereof,. heretofore conveyed to the County of Palm Beach, In The State of Florida, for public highway right-of-way purposes. Commonly known as 4673 West Atlantic Avenue, Delray Beach, Florida 33445 Property Control No. 004246 13 00 0007060 Owner: Fred C. Flipse KNOW ALL MEN BY THESE PRESENTS That, I FRED C. FLIPSE, owner of the above described real property, do hereby authorize, constitute and appoint, CHRISTOPHER D. RIEDER (of CONKLIN, PORTER AND HOLMES - ENGINEERS, INC.), as my representative and agent, to request on my behalf and make representations on my behalf, and as my agent to make application(s) in good faith to applicable governmental authorities to obtain required permits for the development of the above described' real property by the construction thereon of an auto parts store facility. WITNESS .1" hand and seal this ~7 ~ day of October, 1992. STATE OF FLORIDA ) ) S5: COUNTY OP DADE ) The foregoing instrument was acknowledged before me this ~~ day of October, 1992 by FRED C. PLIPSE, who is personally known to me and did not take an oat (Slgüre 0 n M. C· M (jJè' J/t5l c... (Name of Acknowledger typed, prlnted or stamped) NOTARY PUBLIC, State of Plorida (Tltle or Rank) My Commission Expires: """þ .........."......- LM *~~ { COIII\SSICN NQ CC2Oll737 . lAY (XJIMIISØt EJCPREI .'... JUNE 22. tlilll ~- " ' . , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER [f¡vl SUBJECT: AGENDA ITEM # SP. Y - MEETING OF JANUARY 5, 1993 AWARD OF CONTRACT FOR TEMPORARY SEATING - VIRGINIA SLIMS TENNIS TOURNAMENT DATE: DECEMBER 31, 1992 At the time the agenda was prepared, we had received two quotes with respect to temporary seating for the upcoming tennis tournament, as follows: (1) Specialty Bleacher Co. 5,116 temporary seats @ $113,000.00 per year, subject to general notes and conditions outlined in their quotation dated December 16, 1992 (2 ) T&B Equipment Co., Inc. 5,116 temporary seats @ $110,970.00, as outlined in proposal dated 12/14/92, 12/16/92 and 12/29/92. We are seeking a third quote and hope to have that information by Tuesday evening. f)~ to ~ Vfti1 (AL¿ //?/c¡3) . , , , SPECIALTY " BLEACHER CD. Offtees In ~ COLORADO . ARIZONA . CANADA. . FLORIDA =~ ~es - - RECEI\/ED - RentAls --- QUOTATION (VIA FAX) DEC 16 '992 DATE: December 16, 1992 , SENDER; Specialty Bleacher Company DIGBY BRIDGES. MARSH & ASSOO. ~ayne Clark '1'0: Mr. Digby C. Bridges. A.I.A., R.t.B.A. Digby Bridges. Marsh & Associates, P .A. RE: Delray Beach Tennis Center This FAX contains one page, including this cover sheet. If there is trouble in transmission or all pages are not received, please contact Nancy at the number listed belo~: Gent.lemen: Thank you onee again for contacting our firm ~ith respect to temporary seating for the above event: please accept the following as our cost quotation for the seating specified in the plans that you have provided. 5,116 Temporary Seats $ 113,000.00 per year * * GENERAL NOTES AND CONDITIONS: ", I) The above price would be fixed for a five year term based upon plans provided br Digby Bridges, Marsh & Associates, P.A., dated 12/92, and a five year contract with the City for t.his tournament. 2) Engineering plans and specificat.ions would be provided as requested. All exist.ing codes at this time, including Standard Building Code 1988 NFPA 102 1986 would be met. 3) This price includes all labor costs for transportation, installatidn, and take-down of the equipment, as well as $1,000,000.00 in liability insurance. Obviously there ~ould be numerous det.ails to be negotiated in a contract of this nature, however, this would cover the main þoints with respect to a bid on this project. Please let me know if you should have any questions or require additional information. v,ery tru~, .:~:V~.(. 4;- 16ÄVr""c;t ~!haÅ~e-nUe· Aurora. Colorado 80011 . fax (303) 344- 1410· Tel (303) 364-5000 >I<**E~ID>I<"" '. ' . 12, 11:011392 03:28 804-75' .,,47 r&B EQUlr-~'IVíE:>n PAGE f!T eOUIPMENT CO., INC. 82 " 211 S. Leadbetter Rd. &$ Ashland, Virginia 23005 ...- Phone 804n98·2000 FAX 8041752-6947 December 14, 1992 Mr. Joe Weldon - City Parks Director City of Delray Beach lee N.W. lst Avenue De1ray Beach Fl. 33444 Temporary Bleachers Dear Mr. Weldon: I am pleased to provide our proposal for the temporary 'bleachers for THE VIRGINIA SLIMS OF FLORIDA TENNIS TOURNAMENT, March 1 thru March 7, 1993. We are providing bleachers that are constructed of tubular steel understructure with wood seat and foot boards. We have based our proposal On the attached seating plans for the east and west sides, utili2ing the 1988 Standard Building Code and 1986 NFPA 192 Code. Our proposal is also based on our agreeing to a five year contract. Should different year codes corne into effect during the contract time, adjustments to the yearly price will have to be considered and Agreed upon. '. We will provide special 14" rise bleachers to enhance the sight lines for those ..ated in the bleachers. We will paint the bleachers dark green and use white painted on numbers for the rows and seats. Wa have extensive experience in building tennis stadiums and, donlt anticipate any problems with the time frame, if you agree to our proposal by December 3Ø, 1992 and if the permanent stadium contraotor is prepared for us to start construction of the temporary bleachers by January 25, 1993. If you have questions or require a visit please call for a prompt reply. Sincerely, ~~ w. H. Ha-ger Sales Manager enc /h Camet' Towers· Scaffold Rental i Eteclon· Fortd/ftl· Grandsland Slating . ' 12, 16/1992 Ð9:~~ 804-7~' ,. . .. " . ; , ,-..J'+ ( í &B EQU ¡ pr"'-NT '.,. ;..'. .,..J. "~'." PAGE 01 . . . . . ~" , /J'.... . O~ · , . "æ .... , , ' , . . RECEIVED DEe 18 1992' DAn ß.:J Ii - :l?... · I DIGBY àRIDGE~ iUN\SH Ii ASSOc. lOa II~' 1 ~~~b~ ~f~ I Compa,,)'. ~ "AX ..' 401- 2~ - 789/ nOM I . tI~mel . ~d ~ . "umber of ,.,.. to follow thl. Cover,.. Z. f ". rAX aent 1>)'1 L . þ/ IlOTZ I "þ,'6~: 4:Ja£ /~ HMvC ~. ; ~ . . I """c! hIt ~ ....J ¿í ~ (. ~~;..t "'" Ì)A) ",.,//~".:..N. VM~/A-. . /?·V(-. M'I¿ð~ ~s I..IÞ1~JI". -. ,'. . . . . , . , . - f:-/6)j;- h,/¡'.CI~ ~ .' ·n· - ~ j.J/1/ ¿;J fµr ( I/Æ A'J?- ~~ .,....,c- ~ .. . . ... WAX: .0..,52-..'" '. ... ,~~J~ .:-¡ . /.,// / " ' , ' ~2/29/1992 a9:56 Sa4-752-6947 T&B EQUIPMENT CO. PAGE al . " . ". , . , . ... 'ØJ . . . . ItAIII 12... 2'/ 4Z. . ........ .~ 7>1&);1( ~'~ .... 1,. J 0.."". . - h. wax '" . 407-218-'7841 ...... . . ~'(/ ~ ..... I ~r of ..... to follow ,"I. eove~. / . , 'AI ..at .,. 4N. lIO'II1 b.fÅþ'" : ~ ~v;~ ~~.~ ~~~ . '. , """'" i;tø ~/I s¡;,¿,'iJA1. ~þ 4 ~ ~~«-6A.1 ~ I ~ ø~ """ ~,·S'N> ~¡(A(., ~ ~ S ~1'A....· . . ~~r. w". AU-.ûJ/ .I"v~~~ ÑJ 4 '/0 9bNÍ- . .~~.~ A;. ,/9~~~~./ð~p4Â,tIi~ t:Jt". '" .,Jh ..~~. ~~. 6p",A~ ( ~. /~.;JIiA4() , ~~,. A~! , . . . . ~S . . . . . '. . . . . 'AX. aOI-'II...I' . . . . ¿'"/I , , ' · ~2/29/1992 69:56 864-752-6947 T&B EQUIPMENT CO. PAGE 02 Jlrøpøøal Pa No. Of PI f!J--- EQUIPMENT CO., INC. /:; 211 S. Leadbetter Rd. ASHLAND, VIRGINIA 23005 .... ~ I'MONI: (104) ne-_ N, C I T Y P A I R f C TOR ,AX: (1M) 11......7 ~~n~ERAY BEACH 1IHON'07-243-72S1 OATI 12-29-~2 *rð'ò NW 1ST AVENUE JOaW SLIMS OF FLORIDA ~1rf~VOrfflH. FL 33~44 JOa~8!t1rAY BEACH TENNIS CENTER ,}r,IVI!T_1 '93 407-243-3774 JOe ¡r' BILL HAGER FAX' N A m'n""'T~t;"T'2!5 ROWS ELEYATED 24' (+/-) AT FRONT WITH REQUIRED CROSS AISLE. (3) YOMITORI!S/PORTALS ~ITH STEPS TO GROUND. 14' RISE, (4) 48' AISLES. NUMBERING OF ROWS AND SEATS AND REQUIRED RAILINGS. EAST, 162' LONG X 25 ROWS fLEYATED 14'(+/-) 8EHIND PERMANENT CROSS AISLE WITH STEPS FROM 8LEACHERS TO CROSS AISLE. (3) VOMITORIES/PORTALS. 14' RISE. (4) 48' AISLES. NUMBERING OF ROWS AND SEATS AND REQUIRED RAILINGS, TOTAL NET SEATS 5,116 PROPOSAL BASfD ON 1988 STANDARD 8UILDING CODe AND NfPA 107. 1~86, CONTRACT IS FOR 5 YEARS! CONTRACT PRICE IS YEARLY we INCLUDE, ALL EQUIPMENT,LA80R. TRANSPORTATION, INSURANCE (8 MILLION GENERAL LIABILITY) AND DRAWINGS STAMPE~ BY FLORIDA REGISTERED ENGINEER. we EXCLUOE, FL SALES TAX. BUILDING PERMITS AND eUSINESS LICENSES. .r 'røpøl' hereby to fumlah matertal and labor - compl.te in accordance with above specifications, for the .um 01: ONE HUN~RED TEN-THOUSAND NINE HUNDRED SEVENTY AN~ 00/100 110.970,00 l"Iymem 10 a. ..... _ l1li1_ doll.,. ($ ), 50' WITH SIGNED PROPOSAL BY 12-30-92, ~O. UPON COMPlETITION OF ERECTION AND 10' AFTER REMOVAL OF EOUIPMENT FROM SITE. All _".. . ,...rwlt.. 10 .. _ _,..., All _.. 10 .. ___ .. . __.... "ut-DriBd ......_ _""II 10 ........, __, ,.,.., .1_ ar __ .... _ ___ __ ./WOIVI"I ...... __ wi' .. _.... Of'Ily _ __ ...., _ .... _ .. SiQnaturw ..,ra ON'" ....r ... _.. .... "'1""_, .u .._ lIOn"....... "'"'" __, ICC_ Note: This ~ may be Of ..l4Iyt MyOncI ~r 00"'''. 0WNt 10 -.... 'I,., IOMIOO and ...... ......'" Ift_ Ou, _...... Ivlly _.0 ty WorII_" ~_ ......_ withc:1r.wn by UI if not ~ within day., ÞA"...NT fllII..I; ..... 10 da)/8 un'- othe_ .-elf'*', ,.. eue _lIeu_, 10 ~ pef month ..,..,. CM.. .... XI 411..., "'14:" .. en ..."~I perçertt. ,... 01 24'1\0 ap"l*, to ~. IIII'n" Ihouló i1 become ~ 10 ÑC:. thl' .COUrt' wit" .... 1"0",., lor collection. bu~ 10'- CO ~y III ~Ia lt1CIudtng dOmey ..... All pal\lM l1li'" !Nt IQ aontlllOt IhaII be ODNtNIØ .1\I\Mg -.n IfttafiId Intel in !hi Common~ Qf VirQll\la; INI. Nt . oeMIlIIibIoa ~ lOr IIIv lege' ~ DIlling /rom Inll GOI'I!rIÇt ItIIII ÞllltlWr .. a.netw 0lIl001 Ooun Of ". ClJQIII QOUt1 01 HI~ COwnty. Vlrglnil, ~ '" 'røpOal-TM __ ~ II ~ 1M QOIIC'I_ ... ."'MtOI'y .,.. ... MNey ~. YOU ... ~ 10 dO SiQnatufle ... wort! -..-aified. ~ will be mMe _ cMIInId __, n.... of ,. ...,.....,..."ee- ..---.--. -..----- 9òcrr'IetuI'tI --- ..... .-.- , ' . ~ "'·1 -7'-" [ITY DF DELAAY BEA[H ¡ 00 i\J ....\i ',;-).. 'v =: ',-_":: . .:;,..;., i .l- ~ .-.... ~ j~,..: '__ '-' ~ S A ~.2 ..+44 . L+,)7 :.j --: - ~.":'Lì MEMORANDUM TO: David Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Operation and Management of the Delray Beach Tennis Center DATE: December 30, 1992 This memorandum is in regards to our meeting on December 14, 1992 concerning the operation and management of the Delray Beach Tennis Center. As you know, I requested the meeting because previously you had mentioned the possibility of contracting out the operation and management of the new tennis center. Both Mr. Foster and myself feel this would be an unnecessary duplication of effort that would increase our operating costs, and we feel we do not need any assistance with the day to day operation of the tennis center. What we do need, however, is assistance with the promotion of the tennis stadium and attracting other professional events to Delray Beach. I assume it was City Commission's intention that Liddun International, Inc. would be the promoter of these other tennis events because of the language they approved in Section 1.08 of the Agreement. Section 1.08 (pages 7 and 8) stipulates that Liddun "... would have the right of first refusal to act as promoter of tennis tournaments on terms acceptable to both parties." This section further provides that between December 1st and July 1st of each year, the City will not, without written consent from Liddun, make the tennis facilities available for any other professional tennis tournament. And further, the Agreement provides that the City agees not to make the facilities available for a women's tennis tournament at any time without the written consent of Liddun. It appears this language seriously restricts any other agency other than Liddun International to act as promoter of tennis tournaments at our tennis facility. THE EFFORT AUVAYS ~1I1ATi-~RS tùS/(fXð) , ' . ' . 2 I recommend that we begin negotiating an agreement with Liddun International to promote other tennis tournaments and events at our new tennis stadium. I have attached a letter of interest from George Liddy of Liddun International, and a partial list of events he has promoted in other cities. At our meeting on December 14th, Mr. Foster indicated he is contacting many of the state and national amateur tennis tournaments to entice them to play in Delray Beach. Further, I recommend that the Agreement with the tennis pro be amended to reflect more of an administrative and less of a tennis teaching position. Several of our City Commissioners have recommended tennis pros we hope to consider on a revenue sharing contract basis that would take over the teaching of tennis lessons. Mr. Foster's contract is a one year contract, and we can reevaluate the situation at that time. Please place this on the January 5, 1993 workshop agenda for City Commission consideration. Parks and Recreation Attachments JW: cp . Ref:tenismgt . ' . QV INFINITI@ PRESENTS VIRGINIA SLIMS OF FLORIDA December 2, 1992 Mr. Joe Weldon Director of Parks and Recreation City of Delray Beach lOO'NW 1st Ave. Delray Beach, FL 33444 Dear Joe: The enclosed is a partial list of some events we have brought to such cities as New York, Palm Springs, Houston, Richmond, VA, etc. We have serious interest and a great deal of enthusiasm to do the same for Delray Beach. Sincerely, .~~~I /' / George V. Liddy cc: Tom Lynch . i RECE\VEO nEC 3 1992 .~.. ~ r ìo. : i , ......_ '-.... ~)o.,.~ ~ 2929 East Commercial Blvd. . Suite 610. Ft Lauderdale, Florida 33308.305/491-7115.407 /93O-SLlM . FAX: 305/491-6314 , ' LIDDUN INTERNATIONAL, INC. PORTFOLIO Liddun International, Inc. is a Fort Lauderdale based firm, founded for the purpose of merging sponsorship with the marketing objectives of major corporations. The following are some of the events which Liddun International has promoted: VIRGINIA SLIMS CHAMPIONSHIPS of 1913-14 - Boca Raton Hotel & Club S&H GREER STAMP INTERNATIONAL - Fort Lauderdale, FL. TENNIS CLUB INTERNATIONAL - Fort Lauderdale, FL. JIMMY CONNORS-ROD LAVER CHALLENGE MATCH - Caesars Palace, Las Vegas (CBS Network) BOB GRIESE PRO-AM - Boca Raton, FL. CONNORS-NEWCOMBB - (co-promoter) Las Vegas SCHICK INTERNATIONAL - Boca Raton, FL. S&H GREEN STAMP NATIONAL INDOOR WOMEN'S CHAMPIONSHIP - Madison Square Garden, New York City IPA NEW YORK CHAMPIONSHIP - Madison Square Garden, New York City LOVB DOUBLES I CHRIS EVBRT/JIMMY CONNORS; BILLIE JEAN KING/MAR'.rY RIESSEN - Caesars Palace, Las Vegas (CBS Network) VIRGINIA SLIMS OF FLORIDA - Sportatorium, Hollywood, FL. MAUREEN CONNOLLY BRINKER CHALLENGE CUP - Deer Creek Racquet Club, Deerfield Beach, FL. DIET PEPSI 10,000 METER RUN - Deerfield Beach, FL. AVON CHAMPIONSHIPS OF FLORIDA - Sportatorium, Hollywood, FL. WHIRLPOOL CHAMPIONSHIP OF DEER CREEK (LPGA) - Deerfield Beach, FL. CENTRAL FIDELITY BANKS INTERNATIONAL - Richmond, VA. AVON CHAMPIONSHIPS OF HOUSTON - Houston, TX. LYNDA CARTER/MAYBELLINE TENNIS CLASSIC - Deer Creek Racquet Club, Deerfield Beach, FL. AVON 10,000 METER RUN - Deer Creek, Deerfield Beach, FL. VIRGINIA SLIMS OF HOUSTON - Astrodome Complex, Houston, TX. WORLD MIXED DOUBLES CHAMPIONSHIP - Astrodome Complex, Houston, TX. LYNDA CARTER/~YBELLINB TENNIS CHALLENGE - Mission Hills Country Club, Rancho Mirage, CA. SHEARSON LERMAN BROTHERS SENIOR GOLF CLASSIC - (Public Relations) Gleneagles, Delray Beach, FL. MAZDA LPGA CLASSIC - (Public Relations and Marketing) Deer Creek and Stonebridge Golf and Country Club, Boca Raton, FL. OLDSMOBILE LPGA CLASSIC - (Public Relations) Wycliffe Golf and Country, Club, Lake Worth, FL. CHRIS EVERT PRO-CELEBRITY - (Public Relations and Marketing) The Polo Club, Boca Raton, FL. 1981-92 VIRGINIA SLIMS OF FLORIDA - The Polo Club, Boca Raton, FL. 1993 VIRGINIA SLIMS OF FLORIDA - Delray Beach, FL. '. ' · '. - Ci ty would still be required to provide, at Liddun' s option, the temporary stadium and all other facilities for the 1993 tournament. 1.05. MAINTENANCE OF TOURNAMENT SITE. City shall maintain the Tournament Site at its expense including the stadium court. In addition, City shall maintain the eight (8) courts referred to in Paragraph 1.03 (B) & (C) . Maintenance of the courts shall include resurfacing when Liddun determines that such is required. 1.06. LANDSCAPING. City shall provide for the installation and main- tenance of the landscaping required by the approved site plan for the tennis stadium site. 1. 07 . FEES AND CHARGES. A. Liddun shall have the exclusive rights to the fees and income derived from the sale of tickets to the tourna- ment, merchandising rights to the tournaments, commission sales during the tournament, sale of television rights, parking fees and all other fees and income relating to the tournament. B. Liddun shall have the right to set the fees and charge.~for the services it provides to the public relative to the tournament. - -..U...'O...,....ØTMI -.e!~ . City shall not make the facilities available for any. other professional tennis tournament between December 1st and July 1st of any license year without the prior written consent of Liddun. City further agrees not to make the facilities 7 " ' available for a professional women's tournament at any time without the prior written consent of Liddun. It is anticipated that Liddun and city will work towards bringing other profes- sional tennis events to Delray Beach and LidduDwoul~ hav. the right of first refusal to act as promote» of such tennis events on term&. acceptable ta both ¡Mf.J:t1es.. 1.09. NOTICE OF DESIGN MEETINGS. Liddun shall be notified of all meetings concerning the City's design and development of the tennis stadium site. Liddun shall have the right to approve the final site plan and design of the tennis stadium, which approval may not be un- reasonably withheld. It is understood that the City expects the tennis stadium cost to be in the range of $1,000,000. ARTICLE 2 Liddun's Obliqations 2.01. LICENSE FEES. Liddun shall pay the City an annual payment of Fifty Thousand Dollars ($50,000.00). Such payment shall be made in a lump sum on or before February 15th of each year commencing in 1993 to the City Manager at 100 N.W. 1st Avenue, Delray Beach, Florida 33444. 2.02. LATE PAYMENT. In the event Liddun fails to pay any of the license fees required to be paid under the provisions of this License within ten (10) days after the same shall be due interest at the rate of one and one-half percent ( 1. 5') per month shall accrue against the delinquent payments until the same are paid. 8 '. ' , , . , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ));ll FROM: CITY MANAGER :', I SUBJECT: AGENDA ITEM ~ q ]) - MEETING OF DECEMBER 1. 1992 DRAINAGE IMPROVEMENTS/TROPIC HARBOR DATE: November 25, 1992 This item is before you to provide direction to staff with regard to the reconstruction of the drainage system at Tropic Harbor. The Tropic Harbor Condominium development is located between Tropic Isle Harbor and Spanish Trail, near the south limits of the city. The Engineering department was notified by the condominium association of pavement collapsing within the driveways and parking areas at the condominium. Following investigation, staff determined that the cause of the pavement deterioration was as a result of the drainage system collapse; a contributing factor of which, was the discharge of air conditioning coolant water into the drainage system. Staff recommended that the air conditioning coolant water lines be disconnected from the drainage system and that the condominium association pay a share of the cost of reconstruction. The estimated cost for this project is $250,000. The City's share of funding from the reconstruction of the drainage system and pavement restoration is available in the Storm Water Utility Fund. An agreement is proposed with Tropic Harbor which provides for the association to pay 1/3 (approximately $83,000) of the cost of improvements; requests the necessary easements and requires the submittal of an alternate plan for the discharge of air conditional coolant water. Recommend that staff be authorized to proceed with reconstruction of the drainage system at Tropic Harbor with funding to be two thirds from the City ~nd one third from the Tropic Harbor Condominuium. wS /:J.. . , , , DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: DAVID HARDEN CITY MANAGER FROM: RALPH HAYDEN, P.E~ CITY ENGINEER DATE: NOVEMBER 24, 1992 SUBJECT: TROPIC HARBOR CONDOMINIUMS PAVEMENT DETERIORATION PROJECT NO. 92-40 ------------------------------------------------------------------ Attached is an Agenda Request and supporting information for the regular Commission Meeting on December 1, 1992, requesting direction from commission regarding the release of the project for bid and entering into agreements between the City and Tropic Harbor required to proceed with the reconstruction project. This project consists of installing approximately 2200 L.F. of reinforced concrete drainage pipe, 40 drainage structures and adqitional items such as pavement restoration, etc. . The funding source for this project will be the storm water utility fund and contributions from Tropic Harbor. DB:RH:db Attachment File: Project No. 92-40 Memos to City Manager ;, I i, 0 ~ > -- -- ~ CD - --- = === - --- - --- --- ---- ---- ---- ----- ¡ ----- 5 >- .., ----- ----- ----- Z ----- « --- - ----- W ...: U I - 0 I TROPICAL ISLE ...: Ô HARBOR ~ U I- 0 Z a:: « -1 l- I W « I .... C-15 PROJECT LOCATION LOCATION MAP , ' , ' PAVING AND DRAINAGE SYSTEM DETERIORATION TROPIC HARBOR CONDOMINIUMS BACKGROUND The Tropic Harbor Condominium development is located between Tropic Isle Harbor and Spanish Trail near the south limits of the city (see location map). The Engineering Dept. was notified by the condominium association of pavement collapsing within the driveways and parking areas at the condominium project (see attached photographs). The following is a chronological overview of the events which have occurred over the past several months regarding the problems associated with the repair of the storm drainage system as well as the request and recommendations from staff. REQUEST Staff request city Commission consider the reconstruction of the drainage system and pavement restoration for the Tropic Harbor Development. Funding for the reconstruction would be provided from the storm water utility fund and Tropic Harbor Condominium Association. The total estimated cost of the reconstruction is $250,000, one third of which ( $83,000) is to be provided by the association the remaining $167,000 to be funded by the City. An agreement will be required between the association and the City regarding funding. Easements will be required from Tropic Harbor for those portions of the drainage system which are to be reconstructed on private property. This will allow the city to own and maintain the system once completed. Tropic Harbor will also be required to disconnect all air conditioning water discharge to the drainage system and submit a plan to accommodate this discharge by other means. RECOMMENDATIONS Staff recommends approval by commission to release the project for bids and to enter into agreements with tropic harbor regarding funding and obtaining easements. Tropic Harbor is to be put on formal notice to disconnect air conditioning water discharge to the drainage system and to provide the City with an alternate plan to accommodate the air conditioning discharge. '. ' , , CHRONOLOGY OF EVENTS June 18, 1992: Letter from Tropic Harbor Association, Inc. to the City Council to inform them of pavement deterioration within the parking areas at the subject project (see attached photographs) . June 26, 1992: Response letter sent to Tropic Harbor Association, Inc. from the Asst. City Manager informing the association of the City's plan of action. This plan involved temporary repair work, survey of the affected areas and evaluation of the paving and drainage systems for corrective recommendations. July 28, 1992: Letter sent to the Tropic Harbor Association, Inc. from the city Manager informing them that the cause of the pavement deterioration was a result of the collapse of portions of the drainage system. The letter also informed the association that a contributing factor to the collapse of the drainage lines was the constant flow of air conditioning coolant water discharging into the drainage system and that these connections would have to be discontinued and that Tropic Harbor should share in the cost of reconstructing the drainage system. August 21, 1992: Letter received by the City Manager from the attorney representing the Association informing the Manager of the position held by Tropic Harbor. Their position is that the drainage system was originally located within the right of way of Spanish Trail and as a result of the abandonment of a portion of spanish Trail the drainage system is now on the Tropic Harbor property. The Engineering Department subsequently researched the claim by the association. The research indicated that their was no drainage constructed within this area per the original plat for Tropic Isles developed in 1957. When the Tropic Harbor Condominium Development was constructed in 1968 a portion of Spanish Trail was abandoned at the request of the developer and a drainage system was constructed to accommodate storm water runoff from the condominium project. Although a portion of Spanish Trail drains into this system, the majority of drainage into this system is contributed by the Tropic Harbor Condominium development. Discharge from the air conditioning coolant water was connected to the drainage system. These connections not only decreased the capacity of the system to accommodate storm water but also accelerated the deterioration of the pipes. There is no record of these connections being permitted by the city. September 14, 1992: Response letter sent to the attorney for the association from the City Manager indicating that the Engineering Dept. was in the process of preparing construction plans for the paving and drainage rehabilitation and that the " ' , , CHRONOLOGY OF EVENTS (CONT.) City's position had not changed with regards to the association being responsible for a portion of the construction cost. The City Manager and the City Engineer met with the attorney for Tropic Harbor regarding these matters. september 25, 1992: Letter directed to the attorney for the association from the ci ty Manager regarding the outcome of a meeting on September 14, 1992. The letter reiterated the City's original position that Tropic Harbor should be responsible for the construction cost on private property. October 22, 1992: Letter received by the City Manager from the attorney representing the Association responding to the last letter from the Manager. The association still maintains that the storm sewer is the responsibility of the city and that the association should not incur any of the construction cost for repair of the system. November 9, 1992: Response letter sent to the attorney for the association from the Asst. City Attorney. This correspondence informed the association of the City's findings with regards to the ownership and responsibility of the storm drainage system and quoted recorded documents as supporting evidence of the City's position. This was the last correspondence between Tropic Harbor and the city. The Engineering Department has completed Detailed construction plans and contract documents for bidding purposes. The plans consist of the removal of the collapsed corrugated aluminum pipe and the reconstruction of the system with reinforced concrete pipe. " ' · '--, \. t c - ,"""",,",. 1 ,-- tf10 RUDEN, BARNETT, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P. A. ATTORNEYS AT LAW BOCA RATON 200 EAST BROWARD BOULEVARD ORLANDO MIAMI POST OFFICE BOX 1900 SARASOTA MIAMI BEACH FORT LAUDERDALE. flORIDA 33302 TALLAHASSEE NAPLES - (30S) 764·6660 MIAMI LINE (30S) 944·3283 BOCA RATON LINE (407) 392·9771 WRITER'S DIRECT DIAL NUM8ER FAX (30S) 764·4996 (305)527-2425 October 19, 1992 RECEIVED David Tolces, Assistant city Attorney Ocr 221992 City of Delray Beach C 200 N. W. 1st Avenue fry MANAcrR' Delray Beach, Florida 33444 SOFFtCE Re: Tropic Harbor Dear David: I am in receipt of David Harden's letter dated September 25, 1992 and as I reiterated to you at our meeting on Thursday, October 15, 1992, the evidence clearly supports Tropic Harbor's po.sition that the storm sewer system is a City of Delray ("city") system. In that regard, the City paid for the initial installation of the system, and the system has ålways been maintained by the City, notwithstanding that a portion of that system lies just outside the existing publicly dedicated right-of-way (clearly as a resul t of the vacation and abandonment set forto in Resolution No. 29-69,/ in which the City officials, at the time, erroneously stated ~hat there were no utility lines within the right-of-way). Further, the system lies upon common area owned by Tropic Harbor. Further, as the engineering plans that I showed you depict the location of the storm sewer, as well as the water main, clearly the water main lies just outside the storm sewer, showing that the City intended to place the public utilities in the right-of-way. Obviously,' upon the vacation, the City officials failed to obtain an easement for such utilities that were in place. Notwithstanding the evidence that has been presented to the City, you reiterate the city's position that Tropic Harbor is, responsible for approximately $40,000 of the cost necessary to replace the storm sewer sYstem. We find this position untenable and assume that to the extent the City were to prevail on that theory, in the alternative then, the City would be liable to Tropic Harbor for the fair market rent in utilizing its property from the early 1960's through today's F /1783PEREH!1 " · ' October 19, 1992 Page 2 date and hereinafter in perpetuity or in the alternative there has been a "taking" which will require compensation by the city to Tropic Harbor. As discussed, we would entertain an amicable resolution to this matter. As you can appreciate, our client is extremely anxious to resolve this matter and would wish to do so on or prior to November 10, 1992, otherwise we will proceed with our administrative remedies and if need be upon exhaustion thereof, pursue any and all other rights that we may have at law and/or in equity. I look forward to discussing this matter with you. truly yours, SMITH, / \ \ UCT 2 I ::J'J(' ; "'U' " ; ,j '·l._.._.__~._._____.___~~...#,· ¡ __r_.___ _______.___ _ F/1783PEREHI1 RUDEN, BARNm, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. '. ' . II nIIUr,¡t. . ,_I r - -- ¡:, L !'~ U . ....., I..) I __ I -:. q I .....'_) j'~U \/ l~)t;)"- :J . .....) C' r . VL,. - November 9, 1992 Mr. Samuel D. Navon Ruden, Barnett, McClosky, smith, Schuster & Russell, P .A. 200 East Broward Blvd. Fort Lauderdale, FL 33302 Re: Storm Sewers at Tropic Harbor Condominiums Our File No. 28-92,004 Dear Sam: This letter is in response to your correspondence 'of October 19, 1992. I apologize for not getting back to you sooner, but I have had a busy trial schedule. After meeting with Dan Beatty" from the City's engineering department, and the City Manager, it Is the City's position that Tropic Harbor Condomi~ should be responsible for one-third of the cost of reconstructing their storm sewer system, You state in your letter that "the evidence clearly supports Trop.1,c Harbor's position " Unless you can provide me . , . . some substantial documentary proof, I must disagree with your assertion, I have not Been any documents which indicate that. the City constructed the storm sewer system. In February of 1957, the Tropic Isle company, Inc. submitted a drainage plan for the "Harbor Drive Trading Center and Tropic Isle", The original drainage plan from 1957 shows only the original easement and outfall into the canal on the. north end of Tropic Harbor. There are no indications that the existing drainage system was contemplated at that time. In 1968, the Tropic Harbor Dev£;lopment Corporation submitted plans for a drainage system designed to serve the Tropic Harbor development. As indicated on the drawings, all of the contour lines and inlets were designed to drain runoff from Tropic Harbor's parking lots and roofs. While Borne runoff would come from the City's streets, a large portion of the runoff was designed to come from the parking lots and roof drains of the condominium buildings. Thus, all indications from the drainage . , - - - - -.. -- - -'''' ' .' plan support the City's contention that the developer designed and constructed the storm sewer system for private use. The City denies that it ever paid for the installation of the system. I have been unable to locate any contracts which the City entered into for the construction of the drainage system, Furthermore, the drainage plans called for the system's pipes to be constructed with reinforced concrete. Nevertheless, the pipes which the developer installed were made of corrugated aluminum. I do not believe the City would have deviated from the plan requirements if the City did in fact install the system. At our meeting you indicated that you located one of the developers who could remember that the City did install the drainage system. I bèlieve that if you speak with him further, he may have mistaken the installation of the drainage system with the water and sewer system. My investigation did reveal that the City did install the water and sanitary sewer lines within easements granted to the City by the Tropic Harbor Development Corp. in 1968. (Copies are attached). The City's Engineering Department is in custody of "as built" drawings which show that the water lines and sanitary sewer were pròþerly constructed in those easements. Therefore, your argument that the City's water and sewer lines improperly cross Tropic Harbor's common area is incorrect. Any allegations regarding "takings" is also misplaced. You raise another issue regarding an erroneous resolution and the City abandoning rights of way which contained the storm sewer system. Upon reviewing the materials, it does not appear that the drainage facilities existed at the time of the abandonmehts. One abandonment took place on May 13, 1968, and the second took place on June 23, 1969, The designed drainage plan shows that the drainage inlets were to be installed within the right of way which existed after the abandonment. For Borne unexplained reason, however, the developer constructed the storm sewer system on the Tropic Harbor property, outside of the City's right of way. There are no documents, however, which illustrate that the developer ever dedicated these lines to the City. Therefore, Resolution 29-69 is not erroneous, as the drainage inlets and pipes were not constructed at that time. The City's position remains that Tropic Harbor should be willing to contribute its fair share to the City in order to reconstruct Tropic Harbor's private storm sewer system. There is no evidence that the City ever assumed control over the storm sewer system. The Tropic Harbor Development Corp. ' " ' . '- ... ' -. . constructed the system, and at some point in time improperly . connected the air conditioning cooling water system to the drainage network. Consequently, the corrugated aluminum piping deteriorated at an accelerated rate causing the problem which exists today. The City's offer is a fair one when you consider that the replacement of the whole drainage system could run about Jj;:: ~O, 000 -$-~ The City could require Tropic Harbor to replace the whole system; however, due to the urgency of the situation, the one-third contribution request is eminently fair and reasonable. I again provide you with the proposed agreement outlininq the parties responsibilities for your review. I look forward to hearing from you soon. Take care. Sincerely, OFFICE OF THE CITY ATTORNEY CITY OF DELRAY BEACH, FLORIDA By: - _. David N. Tolces, Esq. Assistant City Attorney --- DNT: sh tropich.csnt ,. . '. ' · , ,......¡ ~ PAVEMENT FAILURE AT PAVEMENT FAILURE AT ENTRANCE DRIVE FACING NORTH ENTRANCE DRIVE FACING WEST AIR CONDITIONING DISCHARGE PAVEMENT FAILURE AT DRAINAGE INTO DRAINAGE SYSTEM INLET . . SENT BY:RUDEN, BARNETT ET AL :12-24-92: 14:27 ; FT. LAUD, 181M FL..... 407 243 ~7'14;~ 2 RUDE,N, BARNETT, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. ATTORNEYS AT LAW BOCA RATON 200 EAST 8ROWAIW BOUL!VAAD N,4PUS MIAMI POsT OfFICe BOX 1900 SAAASOTA MIAMIIlIACH FORT LAUDERDALE, FLORIDA 33302 TALLAHASSEI (3OS) 764·6660 MIAMI LINE (305) 944.3283 80CA RATON UNE (0407) 392·9771 WRITER'S DIRECT DIAL NUMlli¡ IN( (305) 764·491' (305)527-2425 December '24, 1992 TELECOVi David Harden, City Manager 100 N.W. 1st Avenue Del ray Beach, Florida 33444 Re: Tropic Harbor Dear David: This is to confirm our telephone conversation wherein Tropic 'Harbor will be on the agenda for the workshop for January 5, 1¡93, commencing at 6:00 o'clock P.M. I would appreciate it if you could advise as to what item we are on the agenda in order for me to coordinate attendance with the representatives of Tropic Harbor. Further, in our continued effort to amicably resolve this matter, I would appreciate the opportunity of meeting with you and the representatives of Tropic Harbor in order to continue to diaouBs the issues. In that regard, I enclose herewith correspondence from the original developer in connection with the con,struction of the storm drainage system. Let me again reiterate Tropic Harbor's position that the system is and always has been under the control and ownership of the City and its now required repair and replacement is an obligation of the city. The taxpayers of Tropic Harbor, like all other taxpayers in the city of Delray Beach, pay their fair share of taxes and assessments anticipated to be utilize.d by the City for this type of repair therefore and do not agree that they should be asked to pay any additional sum. solely because a portion of the system lies on private property (which became such as a result of a vacation and abandonment of a roadway). I bel ieve the record reflects that the system was originally constructed within a publicly äedicateä right-of-way and thereafter as a result of the vacation, became located upon private property for which there never was an intent to have that portion of the system privately owned. F/1847PEREH/1 " ' . SE~T 8Y:RUDE~ BARNETT ET AL ;1~-24-92 , 14~2a . fT, LAUu, I If I H h..,-¡ , 407 243 3774:# 3 December 24, 1992 Page 2 Please contact me as soon as possible to coordinate a mutually acceptable time to meet to discuss the aforementioned. Merry Christmas. Very truly yours, ETT, McCLOSKY, SMITH, TE &I RUSSELL, P.A .,... .1 ~J¿n I cc: Mrs, Shirley Ram..y, President F/1847PEREH/1 RUDEN, BARNm, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P. A. , ' Memo CITY OF OELRAY BEAC~(3 10 I" TO: Mayor & Commissioners DATE: 12/31/92 FROM: City Manager SUBJ: NOTE: It has been determined by staff that the attached documentation refers to sanitary sewer and not to storm sewers. (' i I t ~ I ". , ' , , . . . . . . . . , : . . .:¡ f' , , J,,', '~I . " ,l l S S 0 C , R Tf D .i. It P P R R , 5 f R S Ii , :1 'J ~ . ': . II". 1 ¡rr ' i . . ;. ~. ! ;1!.,,·;···.:!t; ..... l" ',' ,I " .. :!: .~ ~I, ¡ I f, 1:\ ~" ~ ¡ I '.t" ~' ,/:... it'; '/~ 1. f' . ,I, ' I II' ,~; ,], .,;1 ,)I,: . .. . . . L , ' !( :>t{~; ,;' ; II ;'. ',' -"¡', , Ii;)~{" ~. í~ II -'I, ·~·'1;,'Ii 1" :~. TI {~' ~~, ;1",,~ l'~ ~. . .:,;: ;·r. :: ~;:.~t,¡ !," :' .. . I I I \ I : I I I I , " I ¡ , , ~ ! \ ' ;: i. ,~ I , ! '1 F" " - ¡ 'r~'~::~¡ , ¡ l' .....;\' I ¡ '. " " ,.:hìt I,:, # . .:.. !~:, . 'j-' I fl;i¡'¡ : i' "",1 ".' . ..' '::1:' <¡, ,~ri ( " lOtê r~ ,\ ¡- f,' N '~ t~ ^ \. ,I ;~ !;(/ ¡ -, . f' ," SENT BY:RUDEN BARNETT FìL. ;12-31J"~" 1 ¡~'1Ú"'¡¡;,,:;ULJ.¡:NB~~_rtE!I.Hth!ª~ , 407243 3774;# 2 .' , ; ~.1tI. ~J~f~~i"t ~+'}~..\i1lliztJ~fä!:~bL "', : ì:n~trl~}J~~~ "S SO'CI+1TfD . . PPRflIS£RS JA R, AHo\NCH JR. SREA MAl . .' .JO KF.RN SRA ·r i~".;I;;i@r o't:iiiiiiiG. Hi ~íØ~·\'~.j;!. . .' , ...~--......," ~ - ~ - . . ~ --. J""- A" ",.,. I ß ~f C:,.hll W, /.1 '......F I , ~ /t MA~CH 14. 1974 f '''..I, ",,, KI'1' f I <"II II' H .fr \ ,..O¡ I', III ~ ' . ." <III ". 1 ~ I ,. A,', _7 t"" ^.I H,,,..· , q" : ~ . t· ,I . , , il I· . 'r" I J W,,,-, MR. ODAS TANNER P. O. Box 728 DEERFI~L.D StACH. FLORIDIA 33441 .. DEAR MR_ TANNER: WE HAVE JUST SPOKEN TO MR, GENE ES',NER AT SLACKW£LL WAl.KEA. GRAY AND POWERS IN MIAM I AND Ht ADVISES ~HAT THE VALUATION DATE SHOUI-D Sf: THE DATE WH£N THIE INCEP- TION Of:' THE L.tAsl: OCCURR.D, A-r THAT TIME HE SAID THER POSSIBLY WIt"E SOME CO..... TRACTS FOA SAI..l: (P"E-DI:V~I-OPMI;NT), BUT 'THERE WERE NO OMPLETED APARTM1i':NTS I~ THE TROPIC HA'.OR CONooMI,"UM. d HE AL.SO STATED ~AT THE ~Rtl:A WAS A DEPR&;$8EO AREA WI VERY t.l'tTL.E: DEVELOPME:NT AND THI!:AEFORE, A HIGHER RATE OP' RETURN WOULD HÞlVE BEE REQUIR&;D T}-iAH THIt 10% TO 12% FOUND IN THE MARKETPL.ACE IH THE SALE of RECREATION LE:A5ES. I THE vA!.UATION OF THE RECAEATION I-E^SE. AT THE INtEPTJO OF TIiE !.IEASE. WI!.!.. INVOLVE 'nil!: FOLLDWING tTSMS~ . I , (1 ) STUDY OF THE Aft':A ASIO,. THE DATE 01" VALUATION AND RIOR YEARS TO ESTABLI8H 'THE ECONOM IC TRENO..I (2) 'HTERVIEW& WI,.H CITvl OFFICIAt.S, WITH REFERENCE TO TIL.ITIE8 ANII THIi: LOAN TO ~-_._--_._..... ..""-T-..... ..-........... _..---.. .' .~- '.- If'fSTALL. UTILITIES I ETC. ., '- ._"-'" .--' " '...-, .. ~- .., (;¡) S'nIDY orr THI't MECOlm$ ON MURTCMGt( FO"~Cl.OSUnEs. (4) NTI!I1VIrJ:W w.,·" ,.,,~ l'IEU5l0HNEL. ^T T~ FI,;DCfML. (MIMI Olf MIM'" DE^CH) wtt'CII F'Orc¡CLOS~D ON MOS,' dp' ¡HI: LOT& IN Tilt:; NU:^. (5) ~E'NDS "NO tilSTORV 0" oTHER PROJEC,.. IN SOUTH PALM BEACH COUHTY. AS OF 'THIt DATE. AND TIME SPAN ~M;MEDIATELV PAIOR TO THE DATE F APPRAISAL. (6) INVESTIGATION IN THE ."OWARD AND DADE AnE" TO SEE IF ANV RE:CREATION LteASES , " WlLnl SOLD ""I-DIVILcII"MIENT DUA INO THAT TIME: PERIOD . I I , \ I I ... " ' SENt 6Y:RUDEN BARNETT FTL ;12-30-92 :10:12AM ;RUDEN BARNETT 15th#3~ I ..' " '. · . ,. s " R S S 0 C II:¡HD I ~ '. ! P R ffH f;R ~ , , . . }, r " j , I. r- " J J I I· · " . '.. 1 ·"l " '~.\ ,¡ \~. I ' . 'I"' I .. ,I I ¡ , ~ .. ',I . . .,,,.. . ,', ' . . I ,I, I ,. ì i I i . . .~. .' . . . - ~ ';.': ., ,.... ~ ' , , . ' . . ,~; I·':'f'''(~'\.; !" ~~ ,¡ . ì,::'\h", .. , ". '. ,I' I " I,:.,..', :." , : ~11 · . 'c'~f¡;.)'~/,' . I I SE~T 8Y:RUDEN BARNETT fTL ;12-30-9¿ ,lU:14AM ;RUDEN BAK~LII lötn"3~ , , .. . . i RSSO~'RT£D . , , P,PR ISERS . . : . JOE R, KERN, S. R, A. ~I(MIU. "RICAN RIGHT 0,. WAY AS.OCIATION 'ETY 0" REAL. I::ITATI ApPRAISJ:RS , RAY 81ACH BOARD 01' AJ:A'-TORS - PAaT DlfltECTOR RIOA ASSOCIATION 0" REAI-TO"S IONAL. AI.OCIATION 0.. AIAt.. 1t.,.ATIf IIOM08, tot BrAcH BOARD 0" AEAl.TORS . I· PRO,.CS810N4- EXprluEHCI RI: ISTIRID RIAL, EITATe SROKSA SINCe 1951 .' ". "AI"Hs REAL ESTATE .,NCS' 1946 t Q~ t..IF lED AS EXprfltT W!TNI..,\ C I"CUIT COUNT, PALM BEACH C UN,.." FLOR IDA ~ . . I "'.' MTMINT ()II' TRAN8PORTATI0~ Ò... SYATE 01' FLORIOA \ M BEACH COUNTY SOARD Of' U....'c IN8TfltUCTION SING 'AUTHORITY,.C'TY 0" W~'T PAL.M BEACH I I. . IDA CO"ltORAT'ON ' , " I( II'IDI[RAI. SAYING' AND L.C~" AlSOCIATION 0' PAI.M BEACH I , LITY FEDCRAl. SAVUCG& AHD ILOAN 1.8.ooIAT\ON 0,. WEST PAL B IACH ARD NATIONAL BANK, FORT:L.AUOEftDALI pr;OT NATIONAL. SANK, PAT~R.O", NIW JIRSEY N BANKIHG AND TRUST Co. ,i AL.TON, IU-lHOIS ,\ ~ , 01' DEI...AV BEACH I ' , 0" WES,. PALM BEACH 0,. BOYNTON BEAOH Of" BOCA FUTON GENIRAL. 8To.urs ' RAL AND SoUTHERN fP\.O"'ÞA,FLOOD OONTRO~ DISTRICT BEACH COUNTY BOAIIID O~ C:OflUI4'SIIONIElltS . UN AlftI.,IN2S, INCO"POftATEþ IDA Powa" AND L.IGHT COM""....., NATIONAl.: BANK 0" MA"YU.NC .u~ PROPIRTIC. E"N BELL TELIPMoNI AND TELIORAPH COMPANY HION EHCUHEER', IHe. , ' . ' , ' , I " ' ~ ôENT B~:RUDEN, BARNETT ET AL ;12-24-82 ; 14:27 . FT, LAUD. 18TH FL.-I 407 243 3774;# 1 , RUDEN, BARNETT, JlcCIDSXY, SMITH, SCHUSTER. .I( RUSSELL, ~~.EIVED DfC 2 ð 1m FACSIMILE COVER SHEET ~ ...... ~ líl~ n CITY MAHA6E"~ Ört'ljl: Daté: .I d/;.tj ~ 'rime: Must Be Sent By: File Number: From: SAMUEL D. NAVON Direct Dial Number: (305) 527-2425 Ruden, Barnett, HcCJ.osky, Smith, Schuster & Rus.ell, P.A. Attorneys at Law 200 East Broward Boulevard PO$tOffice Box 1900 Fort Lauderdale, Florida 33302 Fax Number: (305) 764-4996 Number of Pages ~ (Including This Cover Page) If there are any problems or complications, please notify us immediately at (:) 05) 764-6660. To:_. G~ d:u~ Company: [,/-o 1 ) ;;;,1"3- 3771 Fax Number: Comments or Special Instruction: --- ,'"--- ----- ---- ~_. - ..,.,..______h_ .--- -- - ¡HE INFORMATION CONTAINED IN THlS FACSIMIL.E MESSAGE IS A HORNEY PRIvILEGED AND CONFIDE)jrIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL oR ENTITY NAMED ABOVE. IF ¡HE READER OF THIS M!SSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPY or THIS COMMUNICATION IS STRICTLY PROHIBITED. IF yOU HAVE RECEIVED THIS COMMUNICAtION IN ERROR, PLEASE I MfoIED IATEL. Y NOT I FY US BY TEL.EPHONE (! F LONG D 1ST ANCE I PLEASE CAL.L COLLECT) AND RETURN ¡HE ORIGINAL MESSAGE TO US AT THE ABOVE ADP~ESS VIA THE u.s. POSTAL SERVICE. THANK you. Fl1388PEREH!1 , , .sENT BX:RUDEN, BARNETT ET AL ;12-24-92; 14:27 ; FT, LAUD, 18TH FL....¡ 407 243 3774;# 2 RUDE,N, BARNETT, McCLOSKY, SMITH, SCHUSTE~ & RUSSELL, P. A. ATTORNEYS AT LAW BOCA RATON 200 E.4.ST BROWARD BOULEV^R.D N^PLES MIAMI POST OfFICE BOX 1900 SAKASOTA MIAMI BEACH FORT LAUDERDALE, FLORIDA 33302 TALLAHASSEE - (305) 764·6660 MIAMI LINE (305) 944·3283 BOCA RATON LINE (407) 392-9771 WRITER'S DIUCT DIAL NUMBeR FAA (305) 764-4996 (305) 527-2425 December '24, 1992 TELECOPY. David Harden, City Manager 100 N.W. 1st Avenue Dèlray Beach, Florida 33444 Re: Tropic Harbor Dear David: This is to confirm our telephone conversation wherein Tropic 'Harbor will be on the agenda for the workshop for January 5, 1993, commencing at 6:00 o'clock P.M. I would appreciate it if you could advise as to what item we are on the agenda in order for me to coordinate attendance with the representatives of Tropic Harbor. Further, in our continued effort to amicably resolve this matter, I would appreciate the opportunity of meeting with you and the representatives of Tropic Harbor in ord.er to continue to discuss the issues. In that regard, I enclose herewith correspondence from the original developer in connection with the con,struction of the storm drainage system. Let me again reiterate Tropic Harbor's position that the system :is and always has been under the control and ownership of the city and its now required repair and replacement is an obligation of the city. The taxpayers of Tropic Harbor, like all other taxpayers in the city of Delray Beach, pay their fair share of taxes and assessments anticipated to be utiliz~d by the city for this type of repair therefore and do npt agree that they should be asked to pay any additional sums solely because a portion of the system lies on private property (which became such as a result of a vacation and abandonment of a roadway). I believe the record reflects that the system was originally constructed within a publicly dedicated riqht~of-way and thereafter as a result of the vacation, beca.me 'located upon private property for which there never was an intent to have that portion of the system privately owned. F /184 7PEREH11 _.._--- - .SENT ~Y:RUDEN, BARNETT ET AL ;12-24-92 ; 14:28 . FT, LAUD. 18TH FL,,,,¡ 407 243 3774:# 3 December 24, 1992 Page 2 Please contact me as Soon as possible to coordinate a mutually aoceptable time to meet ~o discuss the aforementioned. Merry Christmas. Very truly yours, SMITH, co: Mrs, Shirley Ramsey, Presiàent F/184'7ÞEREH/1 RUDEN; BARNm, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P. A. jUemo CITY OF DElRAY B~t3 TO: Mayor & Commissioners DATE: 12/31/92 FROM: City Manager SUBJ: NOTE: It has been determined by staff that the attached documentation refers to sanitary sewer and not to storm sewers. "'. I . I . : . . . . . . I , I . . . : . . . " ¡ . , I S"S 0 , i, CI R Tf D 11 P P R -R , 5 f R S il l' , :4 ,¡~ . II' j¡;' Jjr, ,~.' '! r ·;1 ' "l;i:.. ./1 ; . ;, ,'I, .~ ·'r.' Ljf' -<;¡ ,; I I ~ , ~' , ; !,~ If, I: . ,\ ' ,\( 'I ,~; } <>i:' . .e. . -. e - . 1 (... " ~, "-1':;'i',,~, '1' (r'}r~'" '1 ¡i .:!,' I ~ ,'", 01" ,: .. I : ~~dn' . '. .: l ;-1., ' " '." I, ,··i~:.;';.~~, :'¡ I..,' " ¡! l~::~;,~ ,;It~i f~.. ~. ~. .,'.:: 1':1;: :: J~\,~tI,N:",·' . . - . , I I I i ; I ¡ ; : 'if I f i;; . . , . ' " ¡'Î'~o:L( ::' , - ~ . I :\ ì ¡:·V t;.: ~;, 1~'1~'¡: i i . " . , ~.'o ,I~';, J ¡ '" .- i: ''','If '.' "0' /"'.'1' ' '" I ti~;"; I:, ¡; 11¡'1; " ''I'' ~ ..~: I~!:! { 'ot .. "Î R I, /. f;>N (; t\ 1\ ' . ¡~ ::()~ i .', ~ ~ . SENT BY:RUDEN BARNETT FTL ;12-,30-92 ;19:12AM¡;;~UD.EN~~~N..EU".1,6tTÞ!ª:~" 4072433774;# 2 " ,; 'r-"-."l. ~}'~~~ft't \jIg~\¡,"~,,\:;"i,ll J:tf-':~:I,..:l\t. '., ; ~'\' ¡"};Mt:~íi~g~.'a}.!" ~.................. ...0.....- ..t.!· ---"oÍIÅI 1Ia:t.L::X~...~,' .~-.~h~ .. t~~9' "S 'S 0" C I t1 T f D·· P P R n I S 1':' R S JA I~, Rn"'NC~ .Jt'~. SAF.:A. MAl . ,n r.. .10 KF.RN5RA fI'!'If""'" ".rr""~·~"""'~~:r:r"""""-r·""'-'''''-·[k~t' - .- '~ '" ,:. e~"""~\~1!> 0 Ç\~'Ii!!it,'I!P'¡ "~¡.!;I.'¡¡¡~~"I' II¡ "'·"~:"'/~f,'.' P' ','" . '.' .,1,' .. .,' ........,...-...-~, . _u.,_ ~ _-...-..........--._ a"!1_ u.... . f,tIJ;i,F . I ^", /-i,::/~, M'.>Y<fl, ' n"'1LL °/J..f1} , MARCH 14 1974 f ',N"I",\ \("\'1'1 V ,-- r" , , "'11 In H '~r \ r..'II " lit ~ ' . ., J~ It ~, I ~ If' o\~, _Î '·'h.' H~r""j'· :J fl'.1I . , III I. It "r',,~ .1 \·.JI~,·t MA. 0 DAS TANNER P, 0, Box 728 CEEnf"lp.D SEACH, FLORIDA 33441 DEAR MR, TANNER; WE HAVE JUST SPOKEN TD MR. GENii. ES',NER AT S\..ACKWELL WAL.KE~. GRAY ANO POWERS IN MIAM I AND HE: ADVISES l'HAT THE VALUATION DATE SHOULD BE THE DATE WHEN TH¡¡; INCEP- TION 01'" THE \..EASE OCCURR~D. A"J' THAT TIM!:; HE SAID THER POeSllaLY WERt;; 50M5: COt+- TRACTS FOR SAl.E: (PRE-nEV~L.OPM£NT), BUT 'rHE;RE WERE NO OMP\..t:TED APARTM~NT5 Ith THE TROÞ 10 HAFU!lOR CONDOM I~IUM, . HE ,6,1..90 STATED THAT THE ~REA WAS A DEPRI;:EiSED AREA WIT VERY 1..1íT1.6 DEVELOPMP:NT AND TH5:REFCRE, A HtGHEM RATE OP' RETURN WOULD HAVE laEE REQUIRED THAN THI! 10% TO 12% FOUND IN THE MARKETPLACE IN THE SALE OF RECRf;ATION "-EASES. 1 THE VALUATioN OF THE RECREATION I.EASE. AT THE: INtEPT10 OF '1"HE LEASE, WILL INVOLVI! TJiE FOL.LOWING ITEMS: . (1) STUDY OF THE AREA ASIOII' THE DATE OJ!' VALUATION AND RIOR YEARS TO £8TAI5\..ISH THE ECONOM Ie TR&:Noe.! (2) 'NTERVI¡:W$ WITH CITYI OFF ICIA\..S , WI1'H REFI;:RENCe: TO TIL.ITIEB AN&! THE L.OAN"JI? ___.-.....-..----.--.........-+-...' ..._........... ___,.__"'M'" " . ,....... lfllSTA\..\.. UTIL.ITIES, ETC,] ,_ .._..--.......... ._~., ..~- '.1 ' ". (;\) S'nmY or- THrt '.ItCOlm$ ON MQATc.:IAGt! FOnE"Cl.09unts, (4) IN'''¡¡I1Vmw WI"" ,.,,~ N-:U!iONNEl., AT Tnti FLcr;rtAL. (MI^M on MIM~U OE^CH) WUlCII F'Off¡¡'CLOSED ON MOS" dF'TUtI: LOTS IN Till:; Mfr.A. (5) TR~NDS AND HISTORY OF OTH£n pnOJl!c'Ye IN SOUTH PA\..M BEACH COUNTY t AS OF 'THE DATE, AND TIME SPAN :IM,M£DIATEL.Y PAIOR TO THE [MTE F APPRAISAL.I(6) INvESTIGATION IN THE I!;3ROWARC AND DADE ARE" '1"0 SEe: IF ANY ftECfUATION L£A51!:5 I . WERE SOLD PfU:-DEVEL~PMENT DUA ING THAT 'rIMe: PERIOb \ . "\';,"',~'~';dJ;'l" . '.,:ri.:~~",; f\ ~" 11:~'i');'~1!;;t:1 . ~ "~4I')'r'1I l:. .lj'\T ,t ~~e¡~"t~~ ..... " 'SENT B-Y: RUDEN BARNETT FTL " ;12-30-92 ;10:12AM ;RUDEN BARNETT 16th#3-+ . " " . . " I " ~ S S OC I ¡::¡T£D , , '. ! P R fl t ~ Eo' R S , ;, ' - ,,' J' r J , r- " J j I I' . ., 'r. " ',¡"¡ "i\~.' 'I ; , ~ \ ,-, \ \ ." " ,i I ". ,. , ! ¡ " f : ~ " . . ,~" ~ " "\ ' ' . 's f"~ " ' . .- I I , . ,I, . . ~ \ .....' ~. . . ' .' < ., ,.0,'.1 ~ ~~ . \ ì,,';'lhl', ", ~, ~ .. -','.- ~. ~1 '. ~ . , .SENT 6Y:RUDEN BARNETT FTL :12-30-92 :10:14AM ;RUDEN BARNETT 16th#3~ . . , , '11'" RS SO R T£ D , .f? P R S f:- R S , . : JOE R, KE"H, S. R, A. MII'MB!.!! II:RICAN RIGHT opo WAY ASSOCIATION 'ETY 0,. AEAL. ESTATI ApPltAISeR8 , IiIAY S"ACH BOARD DIP FtIA1.TORS _ PA.,. Dllltlii:CTOR I'OA ASSOCIATION Of' REAL.TO'" 10NAL A.'-CCIATION 0,. REAL. SeTATIt BOAIþ8, M BItACH SOARD opo REAl-TortS . ÞRO"ES.lCN~L. E,)(PEIUIiNC! ISTERED AIAL., ESTA"( BROKER SINer 1951 RAISINe¡ ~!AL. ESTATI SINCII:: 1946 LIF'IID A8 E,)(PECI.T W!TNEfSS'l CIRCUIT COURT, PAl.M BEACH C UN,..,.., FLQR IDA I S I '...' ARTMIrNT OF TRAN8PORTATIO~ 011' S'I'''TE 0" FL.OR IDA M BrACH COUNTY BOARD OF VIIILle INSTRUCTION SING AUTHORITVt,C.,.y 0' WE"T PAL.M BEACH II IDA CO""'ORATION , . I[ P"IDE"AI. SAVINO' AND LO~N A.SOCIATION 0' PAL.M BEACH , LIT'" F'EDItRAI., SAVINGS AND IL.OAN ASSOCIATION Oft WES,. PAL. S rACH ARO NATIONAL. BANK, FORT:LAUOI"ÞALI PItOT NATIONAL BANK, PAT~R80N, Ntw JIRS!'Y N BANKING AND T"'UST CO. .i ALTON, IL.L.IHOIS " ~ 0" CItI.RAY BEAOH I , , 0" W...,. ÞALM BrAcH 0.. BOYNTON BEAOH 0" BOOA RAToN GENeRAL STo.urs - RAL ANI) SOUTHERN FLORIÞA ,FLOOO OONTROL DISTRIC,. BEACH COUNTY 80...."0 0.. COMMISSIONERS . rRN AIRL.INU, INCORPORATEb FLO IDA POWI" AND LICHT COM "~N:Y FIR T NATIO~L' BANK of MA"YLtND PEN NSUL.AR PRO....RTlr. , SOU E"N BELL. TEL-E.....ONIt AND TeL.EGRAPH COMPANY HUT ""EON EHCIiINEERS. INC. t. ~ . ", , , ' I . Memo CITY Of DElRAY BEACH~ ti .. ,.---- . TO: Mayor & Commissioners DATE: 12/31/92 FROM: Ci ty Manager t'fv'Î SUBJ: Master Plan (Weekes Preserve) The Master Plan report for the Leon M. Weekes Environmental Preserve has previously been provided. You may wish to bring your copy to the meeting on January 5, 1993. r' ----.... . \ ~ ~ J L j WSI(3) . . " ' . [IT!} OF DELAAY BEA£H 00 N_I'J 1,;: ,j,,-·¡-='j.U= . _>=;..:-=ì.A~' SE;'\.~·-1 ":L~ri Q"; J.3~44 . ~07 :-1:. '~'-'1 MEMORANDUM TO: David Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Leon M. Weekes Environmental Preserve DATE: December 28, 1992 Attached please find a Master Plan report for the Leon M. Weekes Environmental Preserve for City Commission consid~ration. The Master Plan report contains a site plan, site history and biological survey of the Preserve, and was completed by the Department of Biological Sciences at Florida Atlantic University. As noted, the Master Plan calls for an asphalt trail, parking lot, fencing and entrance kiosk. Per the attached memorandum of November 23, 1992, the total estimated construction cost is approximately $95,150. As we previously discussed, it is my recommendation that we phase in the improvements and budget them accordingly in the capital improvement elements of the annual operating budget. Please place this Master Plan report on the January 5, 1993 agenda for City Commission consideration. ". Parks and Recreation Attachments JW: cp Ref:dhenvpre THE EFFORT ALWAYS MATTERS úJS/(3) . , . , Leon M. Weekes Environmental Preserve Page 39 . l. MANAGEMENT lA. MAINTENANCE OF NATURAL CONDITION To maintain natural conditions on the site the trash that has accumulated over the past years must be removed, the endangered species must be managed. and the exotic organisms must be removed and managed. For some of these items, controlled burning seems to be the only solution. The following discussion address some of the specific points of maintenance in more detail. As described in the Interlocal Agreement, the following discussion assumes that before any development is begun, steps will be taken to maintain the site in a natural condition. According to the data that we have gathered, such maintenance must begin with a prescribed bum. 18. SUGGESTED SEQUENCE OF EVENTS Based on all the data that we have gathered. we feel that the following sequence would best serve the needs of all situations on the site. STEP 1. REMOVE TRASH. STEP 2. RECHECK AND PROVIDE FOR ACTIVE TORTOISE BURROWS IN WESTERN FIRE LANE. STEP 3. CLEAR FIRE LANE. STEP 4. EDUCATE RESIDENTS ON NEED FOR BURNING. STEP S. REMOVE EXOTICS. STEP 6. BURN THE SCRUB. STEP 7. FENCE THE PARCEL AND PUT UP "No TRESPASSING" SIGNS. STEP 8. ESTABLISH TRAILS AND ENTRANCE KIOSK. STEP 9. BEGIN TO PREPARE SITE·SPECIFIC EDUCATIONAL MATERIALS FOR '. TRAILS. STEP 10. COORDINATE WITH LOCAL SCHOOLS FOR ENVIRONMENTAL EDUCATION USAGE. , ' I ¡ Leon M. Weekes ¡ inyirODmeDtal Preler,e - ~ Ct'O" 114 P II. ~ 0'1' C~'OPY . ' 1:I'PII::\f. I SJIV' Ik '11.tH. IfOTJC IJI tIC:' ,tt t I I r Scale 1 .: 250 ' \ I I <+> ~ Filure 1 VelelatioD Map i JUDe 1 992 I i i ¡ '1.".. 1"..". ,.".,.1" I ...."..., ., ....,..., I II .11/....'. ,...1.. ,...,.,." I lL___ _________ " , . , I 11 , Leo n M. Weekes En' i r 0 nme n l a 1 Preserve . . - ~ F u 1 I Ace e s s I I ~ H i kin g Scale 1 If = 250' . .~ Fig u r e 2 Trails Map June 1 992 'I.rl.. &\11.\1. ,.I,.r.I\, J.,.rt...t " ""t.,., G1S/I..,\. S..II., ~1'.r'\lr, " , . , Leo n M. Wee k e s En,ironmenlal Pre s e r v e - EXHIBIT BOOTH ell I.. f.t'lI.. \\\\\\\ - - . - - . - - c . Fig u r e 3 Facililies Map J un e 1 992 rl.rlt. &&1..,.. '.I,.r.", ..,."..., .f '...r.,., CIS/I..... S...I.. L...r.'.r, , , . ~..., . i/ .~. ~ '~t..~,-\~ [ITY DF DELRAY BEA[H 100 N W, 1st A'JE'JUE . DELRA Y BEACH, FLORIDA 33444 . 407/243,7000 MEMORANDUM TO: David Harden city Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Leon M. Weekes Environmental Preserve DATE: November 23, 1992 Previously I had sent to you the Master Plan and cost estimates for the Leon M. Weekes Environmental Preserve, Some clarification was needed for the cost estimates provided by Florida Atlantic University. The following are itemized estimates to develop the Environmental Preserve: Asphalt trail, 8' wide $25,000 Parking lot, 40' X 100' $5,500 Fencing $21,850 Entrance kiosk $5,000 Burn $18,800 Contingency (25%) $19,000 Total $95,150 Dr. Austin of Florida Atlantic University gave me a quote of $120 per foot for a wooden boardwalk with rails. For a half mile trail system, this would be over $315,000 for the boardwalk alone, which is way out of line. r have asked Dr. Austin to double check these figures. I f you have any further questions, please do not hesitate to contact me. Parks and Recreation .... cc: Selma Kleinman Admin. Sec. to A.C.M./Support Services Enclosure THE EFFORT ALWAYS MATTERS , ' , ) . , ESTIMATES FOR CONSTRUCTION ON THE LEON M. WEEKES ENVIRONMENTAL PRESERVE I. TRAIL Asphalt path 8 feet wide - one inch of asphalt with a six inch lime rock base. Clearing for path additional $25,000 Wooden boardwalk with rails $ 120/foot Hiking path with sand trail only $ 50/foot II. PARKING LOT Size 40' X 100' $ 5,500 III. BURN - Name of company experienced with urban bums available upon request 1. Construction of fire lanes and firebreaks (perimeter & interior between sections) Estimated time-1-3 days. Including $300 mobilization fee $l,600/day 2. Chemical control of exotics (may be less if done after burn) $3,000 3. Prescribed burn plan $1,800 4. Site Preparation a). Mechanical (estimated 1-2 days) $l,600/day b). Handwork (removal of palmettos & other brush around trees and vegetation near fIrebreaks etc.) $ 750/day 5. Public AwarenesslEducation (does not include materials, fliers, etc.) $ 80lhour 6. Prescribed bum a). Coordination with agencies, public officials $ 80lhour '. I ¡ , ) . . .' b). Burning (includes three trained fire professionals, hand tools, three-wheel ATC, 4WD truck & necessary insurance & standby bulldozer $ 8oo/day 7. Principle consustant fees $ 80lhour IV. FENCING Estimate No. .L Standard for most cities: ,$ 9.50/foot '. 2" pipe line posts 2 1/4 " comer posts 1 5/8" top rail West side estimated 1850 feet North side estimated 450 feet Total 2300 feet (linear) $ 21,850 Estimate No.2- Based on an estimated $7.50/foot (plus any gates) $20,000 .. I I . . . Cost Estimate for Leon Weekes Environmental Preserve Kiosk The following cost estimates for an Entrance Kiosk are from two companies, Wilderness Graphics and ADM Exhibits. Wilderness Graphics is responsible for the kiosks at Loxahatchee Wildlife Refuge and are highly recommended. ADM Exhibi ts, again recommended, constructed a series of kiosks and wall displays for Florida Atlantic University's environmental education center, pine Jog Nature Center. Wilderness Graphics - P.O. Box 1635, Tallahassee, Florida 32302 Phone: 904-224-6414 The concept of a tri-panel display with a roof includes: The structure includes the wood frames, plexiglass, posts and is to be assembled by the purchaser is. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3 0 C 0 3 panels - One 3x5 in the center and two 3x3 on the right and left. 3x5 panel, color silk screen on aluminum, to include text and graphic is. . . . . . . . . . . . . . . . . . . . . . . . . . . . $975 3x3 panels (2), color silk screen on aluminum, to include text and graphic are $350 or.. . . . . . . . . ... . ..... $700 Total $4675 Individual Cost Breakdown 3x3 kiosk structure including wood frame, plexiglass, posts (to be assembled by purchaser is. . . . . . . . $630 3x3 panel as itemized above. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $350 Total $æü 3x5 kiosk structure including wood frame, plexiglass, posts (to be assembled by purchaser) is....... $675 3x5 panel as itemized above. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $975 Total $1ŒD ADM Exhibits - 5454 W. Crenshaw street, Tampa, Florida 33634 Phone: 813-885-5124 An estimation of $5000 for a tri-panel kiosk was given based on the work provided for Pine Jog Nature Center. Prices vary based on how many subcontractors' are needed for map-making, graphic illustration, photography and typesetting. These elements may be contracted out locally on an individual basis locally or ADM can provide the services. " ' , [IT!~ DF DELAAY BEAEH 100 :\¡ _ :,,/ , i: ,.:.. .':: ~ :: . ")C::_.':'-:.A r S=~C:-¡"':L:JAiD.~ ]J444- . -107 243· ~O()0 MEMORANDUM TO: David Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Leon M. Weekes Environmental Preserve DATE: December 28, 1992 Attached please find a Master Plan report for the Leon M. Weekes Environmental Preserve for City Commission consideration. The Master Plan report contains a site plan, site history and biological survey of the Preserve, and was completed by the Department of Biological Sciences at Florida Atlantic University. As noted, the Master Plan calls for an asphalt trail, parking lot, fencing and entrance kiosk. Per the attached memorandum of November 23, 1992, the total estimated construction cost is approximately $95,150. As we previously discussed, it is my recommendation that we phase in the improvements and budget them accordingly in the capital improvement elements of the annual operating budget. Please place this Master Plan report on the January 5, 1993 agenda for City Commission consideration. - Parks and Recreation Attachments JW:cp Ref:dhenvpre ThE EFFOP,T AI_','I;;''r.~ M,ó,ì-'Tt':RS . , £ITY DF DELHAY BEAEH 100 N.W, 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000 MEMORANDUM TO: David Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Leon M. Weekes Environmental Preserve DATE: November 23, 1992 Previously I had sent to you the Master Plan and cost estimates for the Leon ,M. Weekes Environmental Preserve. Some clarification was needed for the cost estimates provided by Florida Atlantic University. The folIowing are itemized estimates to develop the Environmental Preserve: Asphalt trail, 8' wide $25,000 Parking lot, 40' X 100' $5,500 Fencing $21,850 Entrance kiosk $5,000 Burn $18,800 Contingency (25%) $19,000 Total $95,150 Dr. Austin of Florida Atlantic University gave me a quote of $120 per foot for a wooden boardwalk with rails. For a half mile trail system, this would be over $315,000 for the boardwalk alone, which is way out of line. I have asked Dr. Austin to double check these figures. If you have any_further questions, please do not hesitate to contact me. Parks and Recreation cc: Selma Kleinman Admin. Sec. to A.C.M./Support Services Enclosure THE EFFORT ALWAYS MATTERS '. , , 'I[ a ~ t e r P 1 a n for l h e Leo n J! , Wee k e s Environmental Preserve Del ray B e a c h , F lor i d a 1 992 , , MASTER PLAN FOR THE LEON M. WEEKES - ENVIRONMENTAL PRESERVE DELRAY BEACH, FLORIDA Prepared by: Dr. DANIEL F. AUSTIN, ProfesSor and Curator of the Herbarium Department of Biological Sciences, Florida Atlantic University Ms. JUDITH HICKLIN, Department of Biological Sciences, Florida Atlantic University Ms. CHRISTINE LOCKHART, Department of Biological Sciences, Florida Atlantic University Ms. RENEÉ RASHA, Department of Geography, Florida Atlantic University 31 July 1992 , ' · - Leon M. Weekes Environmental Preserve 1 I T ABLE OF CONTENTS I I. INTRODUCTION TO SCRUB 1 1. SITE HISTORY 1 2. HABIT A T STRUCTURE OF SITE 2 2A. DISTURBED SITE PLANTS 2 2B. SCRUB COMMUNITY ,2 2B-l. SCRUB ANIMALS - 5 2B-2. SCRUB SUMMARY 6 3. FACTORS AFFECTING SCRUB CHANGES 6 3A. MAINTAINING SCRUB 7 3B. WEEDY SITES 7 II. BIOLOGICAL SURVEY OF SITE 8 1. V ASCULAR PLANTS OBSERVED 8 2. RARE AND ENDANGERED PLANTS 11 3. EXOTIC PLANTS, THEIR ECONOMIC AND ECOLOGICAL IMPACTS AND IMPORTANCE 13 4. ANIMALS NOTED ON THE SITE 17 5. WCATION DATA ON RARE AND ENDANGERED SPECIES 19 5A. MAPS SHOWING LOCATION OF ENDANGERED AND RARE SPECIES 19 5B. MEASUREMENTS TO INDIVIDUAL ENDANGERED AND RARE PLANTS 19 5C. MEASUREMENTS TO GOPHER TORTOISE BURROWS 36 III. MASTER PLAN 38 1. MANAGEMENT 39 lA. MAINTENANCE OF NATURAL CONDITION 39 ," , , Leon M. Weekes Environmental Preserve \I lB. SUGGESTED SEQUENCE OF EVENTS 39 IC. MANAGEMENT OF RARE AND ENDANGERED SPECIES 40 ID. ELIMINATION AND MANAGEMENT OF EXOTIC ORGANISMS 44 IE. UNFORESEEN EVENTS 46 2. PUBLIC USE 2A. PARKING AND ACCESS 47 2B. COMPATIBLE AND NON-COMPATIBLE USES - 48 2C. LOCATION OF EXHIBITS AND/OR FACILITIES 48 2D. NATURE TRAILS 48 2E. ROUTINE MAINTENANCE 49 2E-1. TRASH REMOVAL 2E-2. EXOTIC ANIMAL AND PLANT REMOVAL 2E-3. FENCING 2E-4. COMMUNITY INVOLVEMENT 50 3. PRESCRIBED BURN PROTOCOL 51 3A. PROBLEMS WITH BURNING IN AN URBAN AREA 3A-I. FEASIBLITY STUDY 51 3A-2. SMOKE AND TIMING FACTORS 52 3A-3. STEPS FOR BURN PREPARATION 53 3A-4. BURN ALTERNATIVES 54 3A-5. COMMUNITY NOTIFICATION AND EDUCATION 54 3A-6. LEGAL ASPECTS 54 3B. PRIORITIZATION OF ENVIRONMENTAL ASPECTS 3B-1. AGE OF THE FOREST ON THE SITE 55 3B-2. STAGE AT WHICH THE VEGETATION IS TO BE MAINTAINED 55 ., I ¡ · Leon M. Weekes Environmental Preserve ill 3B-3. ENDANGERED SPECIES PRIORITIZATION AND POTENTIAL CONFLICT 56 3B-4. SAND PINE RE-SEEDING 56 3B-5. EFFECTS OF FIRE ON ANIMAL PO PULA TIONS AND WILDLIFE UTILIZATION 56 3B-6. GEOGRAPIDCAL STATUS OF THE ECOSYSTEM IN THE REGION 57 3C. REQUIREMENTS Wlm REGARD TO FIRE CONTROL 58 3D. WEA mER CONSIDERATIONS - 59 IV. LITERA TURE CITED 60 " , · IV LIST OF FIGURES FIGURE 1. VEGETATION MAP FIGURE 2. TRAIL MAP FIGURE 3. FACILITY MAP FIGURE 4. LOCATOR MAP FIGURE 5. HISTOGRAM OF PINES IN PARCEL A FIGURE 6. HISTOGRAM OF PINES IN PARCEL B - FIGURE 7. HISTOGRAM OF PINES IN PARCEL C FIGURE 8. HISTOGRAM OF PINES IN PARCEL D FIGURE 9. HISTOGRAM OF PINES IN PARCEL E FIGURE 10. HISTOGRAM OF PINES IN PARCEL F FIGURE 11. HISTOGRAM OF PINE SIZE CLASSES IN ALL PARCELS FIGURE 12. GEOGRAPHICAL STATUS OF THE ECOSYSTEM IN THE REGION FIGURE 13. GOPHER US POLYPHEMUS - GOPHER TORTOISE FIGURE 14. ASlMlNA RETlCULATA - PAWPAW FIGURE 15. CHAMAESYCE CUMULlCOLA - SCRUB SPURGE FIGURE 16. CONRADlNA GRANDlFWRA - SCRUB MINT FIGURE 17. HELlANTHEMUM NASHll - FROSTWEED FIGURE 18. LECHEA CERNUA - NODDING PINWEED AND LECHEA DlVARlCATA - PINE PINWEED FIGURE 19. OPUNTIA COMPRESSA - PRICKLY PEAR FIGURE 20. P ALAFOXlA FEA Yl - P ALAFOXIA FIGURE 21. PER SEA HUMlLIS - SILK BAY FIGURE 22. SABAL ETONlA - SCRUB PALMETTO FIGURE 23. TlLLANDSlA spp. - AIR PLANTS OR WILD PINES FIGURES 24-25. PHOTOGRAPHS OF SITE TAKEN FROM FLORIDA EAST COAST RAILROAD '. I ! . Leon M. Weekes Environmental Preserve Page 1 I. INTRODUCTION All Florida habitats have been disturbed by drainage, impacted by alien plants, and reduced and isolated by fragmentation. In ways not yet understood, each of these modifications has influenced the native plant and animal communities. Although the native communities are not the same that they were 100 years ago, they still function in much the same ways they fonnerly worked. The sites are not degraded to the point that they are worthless. Instead, they are valuable examples of what Florida was before urbanization. The Leon M. Weekes Environmental Preserve (LMWEP) is a fragment of a once- extensive community called Florida Scrub or Scrub Pinelands. Florida Scrub is one of the oldest habitats in peninsular Florida (Watts, 1971, 1975, 1980). This commúnity consists of species that are specialized to live in periodically burned areas with high, well-drained, nutrient-poor soils. Moreover, this community contains a large percentage of organisms that occur nowhere else in the world. Technically, these species with restricted ranges are called endemics. Since most of Florida's current citizens are transplants from elsewhere in the world, they do not know what occurs here to be proud of. The LMWEP can become an eminent example of one of Florida's native ecosystems and how the remnants of that community continue to function. 1. SITE HISTORY The land contained in the Leon M. Weekes Environmental Preserve was at one time owned by the Simon family. During a conversation with long time local resident, Roy Simon, it was determined that the scrub area near the FEe railroad has been there at least , since the early 1940's. The land just West of there was used for cattle grazing from about 1940 to 1950, since it was largely grassy, with a few cabbage palms and slash pines (R. Simon, pers. comm., June 1992). During the 1950's, heavy machinery was brought into the area during the construction of the C-15 canal and drainage canal E-4. Machinery was brought in again in preparation for the Tropic Palms and Tropic Isles developments (R. Simon, pers. comm., 1992). Since some areas South of Linton Blvd. were quarried for fill sand, it is quite possible that the lMWEP site may also have been partly used for the same purpose. During the late 1960's or early 1970's, the city of Dekay Beach decided to establish Miller Park on the old city dump site just North of the Preserve. In October of 1988, an Interlocal Agreement was made between the City of Delray Beach and Palm Beach County to jointly acquire the Delray scrub site now known as the Leon M. Weekes Environmental Preserve. It was their intent to preserve that site in its natural state as an intact Florida scrub ecosystem for future generations, and to be used for scientific and educational benefits, and provide personal enjoyment of such a natural area for the citizens and residents of the area. Although no major fires were recalled by Mr. Simon or a couple of members of the Delray Beach Fire Department, there were occasionally small fires. To their recollection, there have been no fires of major consequence in at least 20 and perhaps as many as 50 years or more on the lMWEP site. . , , Leon M. Weekes Environmental Preserve Page 2 2. HABIT A T STRUCTURE OF SITE Vegetation on the LMWEP is composed of two basic types-weeds in disturbed sites, and native F]orida Scrub pine]and. Most of the weeds are concentrated on the margins of the land parcel, with the majority being found along the FEC Railroad tracks. There are, however, an increasing number of individuals of severa] noxious and environmentally deleterious species in the native community itself. Most of the land included within the Preserve is dominated by the native F]orida pine]and called Scrub. This pine/oak dominated association is restricted to high, fossil beach ridges that date from the late Pleistocene. Some of these ridges have been in Florida since 100,000 before presen.t, while others are between 5,000 and 10,000 years old. 2A. DISTURBED SITE PLANTS - WEEDS (Harper, ] 927); Ruderals (Long and Lake]a, 197]; Long, ] 974 a, b)- Some of the weeds in South F]orida are natives, but in terms of numbers of individuals more are non-natives or exotics. According to Long ( ] 974 a, b) almost 16% of the flora of the southern three counties consists of naturalized exotics. For the southeastern counties, a conservative list found about ]0% of the flora to be exotic (Austin, 1978). More species are being found naturalized all the time and the figure is now near 30% (Ward, 1990). Most of the species are herbaceous and have a reasonably consistent visual aspect, but the most troublesome in al\ respects are trees. In terms of total ecological degradation the trees Australian pine (Casuarina equisetifolia), melaleuca (Melaleuca quinquenervia) and Brazilian pepper (Schinus terebinthifolius) are without equal (Johnson and Olmsted, ] 982). Each creates its own special kinds of problems. Casuarina frequently invades strand or disturbed hammock vegetation along the coasts. This Australasian species is poorly adapted at stabilizing the beach soils in Florida because few plants here are able to live beneath them. Without thick plant cover the soil, usually sands, begin to erode. The trees also invade beaches that have classically been used by sea turtles and crocodiles for nesting, rendering the areas inferior or unsuitable. Melaleuca invades wet prairies more rapidly than other habitats, but may invade any moist site. This species produces stands that have reduced plant diversity 60- 80% (Gurney, ] 97]). SmaJr mammal populations are also affected (Mazzotti, Ostrenko and Smith, 198 I). A]so, the flowers cause respiratory and contact allergies in many people. Schinus also invades moist sites most easily, but will become established in any habitat (Alexander and Crook, ] 974 a, b). Since this tree is in the same family as poison ivy, many people suffer from contact dermatitis. These plants are almost impossible to kiIl once established and they inhibit growth of native species, either through shading or allelopathy or both (Dunevitz and Ewel, ] 981). In southeastern Florida two more trees have begun to invade former Scrub sites with detrimental effects. These species are the ear-leaf acacia (Acacia auriculifonnis) and schefflera (Brassaia actinophylla). Both of these Australian species produce seeds which are carried by animals, mostly birds, into native habitats. During the next few years these species will begin to approach the degrading magnitude of melaleuca and Brazilian pepper in Florida. 2B. SCRUB COMMUNITY One of the simplest Florida plant communities in number of species is the Scrub (Austin et aI., 1978). While people have learned to think about rare and endangered species, this community represents something the public still does not understand-a rare , ' , Leon M. Weekes Environmental Preserve Page 3 and endangered habitat. In some areas such as the Ocala National Park and Jonathan Dickinson State Park there are reasonably large areas of preserved Scrub, but farther south the complex of plants and its special animal fauna is disappearing. In Dade County there are mostly historical records of the community, but a few isolated remnants have recently been discovered; in Broward County so much Scrub has been destroyed that the Scrub Jay is no longer found there; Palm Beach County loses more each year to urban development. Similar circumstances exist elsewhere in the State. Latest estimates are that less than two percent (2%) of the Scrub community remains in Palm Beach County. Terms used to describe this community are: SCRUB (Pinus clausal, Quercus spp.)-Synonyms include: Low PinelWire Grass (DeBrahm, 1773); Scrub (lves, 1856); Sand Pine or Rosemary Scrub (Harshberger, 1914); Sand Pine Scrub (Harper, 1927; Davis, 1943); Sand Scrub (Craighead, 197 I); Scrub Forests (Long, 1974 a, b). So much of this association of plants has been destroyed in some areas that people have difficulty learning to recognize it. This is complicated by the factor that most of us have long used the term "scrub" indiscriminately for any low, bushy patch of plants no matter what species were involved or what kind of soi I and water conditions they were growing on. At least since the last hal f of the l800s, people in Florida have used the term Scrub to designate one special kind of plant association. CharacteristicalIy, Scrub is an open pinelands with an understory of oaks (Quercus spp.) and saw palmettos (Serenoa repens). South of Lake Okeechobee the scrub or sand pine (Pinus cJausa) is the only short-needled pine. Sand pine is readily distinguished from the other pines south of Lake Okeechobee by the short needles (4-8 em.), small cones (5-6 em. long), and dark green color of the trees. The light green, long needles (I 5-30 em.), and large cones (6-10 cm. long) of the other common pine, the slash pine (Pinus elliottiI) , makes it easy to recognize. Over most of the area south of the Lake, these are the only two pines. A third species, the long·leafpine (Pinus palustris), common north of Lake Okeechobee has been reponed south to Lee and Martin Counties. Cones and leaves of the long-leaf are even larger than the slash pine. Growing below the sand pines are three common oaks. Oak species are notoriously difficult to recognize but usually these three are distinctive. The sand live oak is the easiest to identify since it has oblong leaves that curl under at the margins (revolute), and are densely white-hairy below. Many consider this a variety of the Live oak and can it Quercus virginiana var. geminata. Others prefer to call it a distinct species, Quercus geminata. The other two are the Chapman oak (Quercus chapmanii) and the myrtle oak (Quercus myr1irolia). These are occasionally difficult to separate but the Chapman oak has at least some leaves with tooth·like lobes on their margins ending in a bristle, and a lower surface that is hairy. The mynle oak usually has entire leaves with no bristles, and a lower surface that has no pubescence. Many areas of ground are bare of plants while others have clusters of various species. Often the shrubby rosemary (Ceratiola ericoides) is in the community (J ohnson, 1982). Rosemary, not to be confused with the cooking spice, is a pioneer. As the site matures, the oaks and palmettos begin to squeeze rosemary out. Only when there is a disturbance, from a falIing tree, a road, a fire, or something similar, do the rosemary seedlings aþpear. The ground layer is often bare except for pine needles and cones, or it may be covered with lichens. The lichens are of the deer moss or reindeer moss type. Often about a dozen species are present on any single site, many belonging to the genus Cladonia. KulZ (1942) listed twelve lichens in several genera, but many of them grow only on trees. , , · Leon M. Weekes Environmental Preserve Page 4 One of the more obvious tree lichens is the Old man's beard (Ramalia). This lichen looks to some people like the pineapple relative Spanish moss. Once stæ1ed the sand pine grows faster than many have thought; one stand in Ocala Forest has grown about 20 feet in ten years. While trees growing under different conditions vary considerably, a diameter of9 to 10 inches indicates a tree near 40 to 50 years old. Scrub is probably the oldest plant community in Florida. According to data taken froni pollen profiles in lake and pond sediments, a community much like Scrub was in central Florida about 5,000 years ago. Some think that the community was formed during the Pleistocene. Particularly convincing data for a Pleistocene age is given by the distribution of Scrub on sand ridges which appear to be coastal dunes. These dunes were apparently deposited during the Pleistocene glaciation sea-level changes. No one has determined exactly how these ridges were formed; some suggest beaéh ridge origin such as those now east of the Intracoastal Canal; others believe in saltation (wind blown) deposition. In Palm Beach County there are six or seven remnants at different distances from the ocean; all are in different stages of erosion (Austin et al., 1987). The sands on the Scrub ridges are fine and white near the surface. They are quartzose with little calcareous or organic content and are locally known as "sugar sand" Geologists contend that they have their "sugary" appearance because they have been heavily leached of calcareous and organic materials. Technically the sands are called St. Lucie Fine Sand, the most abundant phase, or Lakewood Fine Sand. St. Lucie sands range from white to gray in profile and may reach 50 feet in depth. Lakewood may be almost as deep but only the top 24 to 36 inches is white; below there is a yellow subsoil (This is now included in St. Lucie). A variety of changes may take place when this woodland is burned. Regeneration is thought to be most common if burned at 20-70 year cycles. Fires more frequent than the optimum and erosion may shift the habitat in entirely different directions. If fires are annual for a period, or even if two annual fires occur, the habitat may be changed to an oak-palmetto scrub. When this is coastal it is identical with what is called strand (Austin and Coleman-Marois, 1978). Erosion of the high sand hills where Scrub characteristically grows or over-buming may eventually lead to xeric hammock formation. Lack of burning, particularly common on the margin of sand hills, combined with erosion often allows the pines to live out their lives, about 70 years, without or with little re-seeding. As the pines die out the oak understory begins to grow and eventually becomes a xeric hammock.. Perhaps the upland hammocks in the central part of the state originated in a similar manner. The fourth possible course a Scrub can take is what has been termed "Scrubby flatwoods." Indicator species of Scrub are: sand pine (Pinus clausa), myrtle oak (Quercus myTtifolia), sand live oak (Q. geminata), Chapman oak (Q. chapmanil), golden asters (Heterotheca scabrella, H.floridana, Pityopsis graminifolia), blazing star (Liatris tenuifolia), palafoxia (Palafoxia.feayi), rosemary (Ceratiola ericoides), Sisyrinchium solstitiale, scrub palmetto (Sabol etonia), scrub sedge (Rhynchospora megalocarpa) and spike moss (Selaginella arenicola). Some of the other important species for recognizing the association are: scrub mint (Conradina grandijiora), papaw or dog apple (Asimina reticuJata and A tetramera), scrub clover (Dalea.feayi), huckleberry (Vaccinium myrsinintes) and dodder or love vine (Cassytha filifonnis). '. I · , Leon M. Weekes Environmental Preserve Page 6 2B-2. SCRUB SUMMAR Y Clearly the scrub habitat has been an active workshop for the origin of specializations in many plant and animal groups in Florida. For this reason it deserves more study that it has received. Although arguments could be made on purely aesthetic grounds for saving more of the habitat, it still occupies the most valuable real estate in Florida. Elevation above periodic flooding made it unique enough to survive for at least 10,000 years. This same elevation has been the major factor in destroying most of the habitat on the southeastern coast in less than 100 years. This is due to the great desirability of high ground for railroads and development. 3. FACTORS AFFECTING SCRUB CHANGES SCRUB CAME INTO EXISTENCE WITH FIRE AND IS MAINTAINED BY FIRE. Without fires, the Scrub community becomes senescent and begins to change into low hammock forests. There is a growing body of evidence that fires now occur with a lower frequency in Scrub than in the past. This lower frequency is largely because of the urbanization of Florida and the pyrophobic nature of people. As soon as a fire begins in any site near people, they rush the fire· fighting equipment and personnel to that area and stop the flames. This action has allowed all remaining Scrub in Florida to become older than it would have without human interference. Apparently a burning cycle of one fire each 2 to 7 years is near ideal for Pine Flatwoods (Hofstetter, 1974a, b; Hofstetter et aI., 1980; Givens et aI., 1984). Harper (1927) indicated that one fire per lifetime of the Sand pine was correct for the Scrub. The tree harvesting and planting cycle in Ocala Park and other data suggest that a 20- 70 year burning cycle may have been nonnal in past years. Fires more often or on the Pine Flatwoods schedule usually eliminates Scrub Pinelands. A sand pine needs 10 years to mature and start producing seeds. Thus fires at a cycle of less than 10 years would not allow seed production, at least if the trees were ofunifonn age. When burned on longer than optimal intervals there is usually enough litter built up that the fires are too hot, often becoming crown fires. These hot fires may kill large expanses of pines. When this happens the palmettos and oaks often have a burst of growth from the released nutrients and opened space, overshadowing and crowding out any pine seedlings that may be present. This happened in Jonathan Dickinson Park in 1971. One partial-truth that has been quoted until almost everyone believes it is that fire is absolutely necessary for sand pine cones to open and disperse seeds. This idea probably began with Harper (1927), but it is not completely true. When fires bum through Scrub, as they did in Jonathan Dickinson Park in 1971, the scorched and partially burned cones release their seeds. Many s~eds were consumed by the flames; others managed to survive. Before the fires burned the trees, anyone could have seen many cones that were open and the seeds dispersed. A visit to one of the areas that did not bum will still show open cones. In other areas on the east coast sand pines have been known to spread their seeds for over a decade without being burned. Fire is not absolutely necessary for seed dispersal. It certainly aids the process in some cases, but not in all. " ' · ' Leon M. Weekes Environmental Preserve Page 7 3A. MAINTAINING SCRUB Succession in Scrub has been studied by only a few people. As previously understood there were four stages of succession. Studies over the past years have shown that the second and third stages proposed by previous authors were reversed. Based on studies of many sites and aerial photography ranging from 1940 to 1974 the following appears to be the most common sequence: I) beach pioneer stage; 2) Sand pine dominance stage; 3) shrub stage with oaks, rosemary and palmettos; 4) hammocks, dominated by oaks, palms, hickory and other temperate trees. Of course, there are several variables and this sequence can become more complex. The shrub stage appears only when fires are so frequent or hot that the pines are killed. Unless Scrub is burned periodically, it will change into another community. Regardless of whether the goal for the LMWEP is to maintain status quo, the Site must be managed. Unless the vegetation is managed, it will become senescent pinelands and change into an oak woodland. Even before this stage is accomplished it is likely that alien plants will circumvent these stages and change the habitat into a biologically impoverished system if they are not controlled. 3B. WEEDY SITES Turnover in the weedy sites surrounding the Preserve is continual and will be largely dependent on periodic mowing. Since most of the species in the most disturbed sites are not known to cause major ecological nor economic damage, they may be excluded from concern at this time. , Especially damaging at the present are Brazilian pepper (Schinus terebinthifolius)" scheffiera (Brassaia actinophylla), ear· leaf acacia (Acacia auriculiformis), and Springer's asparagus fern (Asparagus densiflorus). Control of some of the non-native species is direct--cutting and removing will work for scheffiera and ear-leaf acacia. These species will continue to be re-seeded into the site because of nurse trees cultivated in the region, but they are relatively easily removed. It is much harder to remove established pepper tree. The most economical and presumable ecologically safest method currently known is the application of Garlon. This herbicide kills the plant and leaves it standing. Almost immediately wood· eating insects attack the plants and reduce them to sawdust within about three years. A good methodof removing the asparagus fern is not yet available. '. ' , Leon M. Weekes Environmental Preserve Page 8 II. BIOLOGICAL SURVEY OF SITE 1. VASCULAR PLANTS OBSERVED AS OF JUNE 1992 SCIENTIFIC NAME COMMON NAME HABITAT Abros precatorius Rosary pea Disturbed Aœcia auriculi fonn is Ear-leaf acacia Distu rbed Ambrosia ar1emisiifolia Ragweed Disturbed Andropogon ?cabanisii Broom grass Disturbed Aristida condensata Three-awn Disturbed Asclepias curtissii Curtis's milkweed Scrub Asimina reticulata Pawpaw Scrub - Asparagus springeri Springer's asparagus fern Disturbed Bidens alba Spanish needles Disturbed Blechum brownei Blechum Disturbed Bulbostylis ciliatifolia Hair sedge Scrub Bursera simaroba Gumbo limbo ScrublHammock CaJlisia fragrans Basket plant Disturbed Cassia chamaecrista Partridge pea Scrub Cassytha filifonnis Dodder Scrub Catheranthus roseus Periwinkle Distu rbed Cenchros incertus Sandbur Disturbed Ceratiola ericoides Rosemary Scrub Chamaesyce cumulicola Scrub spurge Scrub Chamaesyce lasiocarpa Spurge Disturbed Chloris petraea Finger grass Distu rbed Cladonia spp. Lichens Scrub Cnidoscolus stimulosus Stinging nettle Scrub Commelina erecta Day flower Scrub Conradina grandiflora Scrub mint Scrub Crotalaria mucronata Rattle box Distu rbed Cromlaria pumila Rattlebox Disturbed , Crotalaria retusa Rattlebox Disturbed Crotalaria rotundifolia Rattlebox Scrub Croton glandulosus Croton Scrub Cyperos nashii Sedge Scru b Cyperos sp. I Sedge Disturbed Dactyloctenium aegyptium Egyptian grass Disturbed Desmodium tortuosum Beggar's ticks Disturbed . Dichanthellium sabulorum Panic grass Scrub Diodia teres u Disturbed Dioscorea bulbifera Air potato Disturbed Emelia fosbergii Tassleflower Distu rbed Eugenia unillora Surinam cherry Disturbed Ficus au rea Golden strangler fig Scrub/Ham mock Ficus microcarpa Cuban laurel fig Distu rbed Fimbristylis spathacea Hurricane grass Disturbed Froelichia floridana Cotton top Scrub Galactia volubilis Milk pea Scrub Galium hispidulum Bed-straw Disturbed Gaura angustifolia Gaura Disturbed " ' , Leon M. Weekes Environmental Preserve Page 9 Helianthemum nashii Frostweed Scrub Heteropogon contortus Tanglehead Disturbed Heterotheca subaxillaris Golden aster Scrub Indigofera hirsuta Wild indigo Disturbed Jatropha multijida Purge nut Disturbed Kakmchoe grandijòlia life-plant Disturbed Kakmchoe pinnota life plant Disturbed Lechea cemua Nodding pinweed Scrub Lechea divaricaJa? Pine pinweed Scrub licania michauxii Gopher apple Scrub Linaria sp. Toadflax Disturbed Lyonia ferruginea Staggerbush Scrub Lyonia lucida Fetterbush Scrub Macroptilmnium lathyroides Wild bean Disturbed Mangifera indica Mango Disturbed Melothria pentiukl Creeping cucumber Disturbed Monnodica charantia Balsam apple Disturbed Myrica cerijèra Wax myrtle Scrub Nephrolepis multiflora Sword fern Disturbed Oenothera humijùsa Beach primrose Disturbed Opuntia cochenillifera Nopal cactus Disturbed Opuntia compressa Prickly pear Scrub Oxalis corniculata Wild sorrel Disturbed Palafoxia feayi PaIafoxia Scrub Panicum maximum Guinea grass Disturbed Panicum repens Torpedo grass Disturbed Panhenocissw quinquefolia Virginia creeper Disturbed Paspalum setaceum Cut-thrœt grass Disturbed Persea humilis Silk bay Scrub Petalostemon feayi 1 Scrub clover Scrub Phyllanthus abnormis - Scrub Physalis walteri Ground cherry Scrub Pinus clausa Sand pine Scrub Pityopsis graminifolia Golden aster Scrub Poinsettia cymlwphora Wild poinsettia Disturbed Polanisia tenuifolia Scrub caper Scrub Polygalß grandijlora Milkwort Disturbed Polygonella dlima Jointweed Scrub Polygonella gracilis Wireweed Scrub Polygonella polyga11lil Jointweed Scrub Poly podium polypodioides Resurrection fern Scrub Psi/orum nudum Whisk fern Scrub Quercw chapmanii Chapman's oak: Scrub Quercus geminata Sand live ook Scrub Quercus myrtifolia Myrtleook Scrub Quercw x rolfsii Rolfs oak: Scrub Rhynchelytrum repens Natal grass Disturbed Rhynchosia minima Snout bean Disturbed Rhynclwspora megalocarpa Scrub sedge Scrub Richardia brasiliensis Richardia Disturbed 1 Also called Daka feayi. , , . Leon M. Weekes Environmental Preserve Page 10 Saba/. etonia Scrub palmetto Scrub Sohal palmmo Cabbage palm Disturbed Sche.f/lera actioophylla Schefflera Disturbed Schinus terebinthifolius Pepper tree Disturbed Serenoa repens Saw palmetto Scrub Seymeria pectinata Seymeria Scrub Sida acuta Indian mallow Disturbed Sida cordifolia Indian mallow Disturbed Smilox auricuJata Cat-briar Disturbed Smilax bona-oox Cat-briar Disturbed Solanum americanum Nightshade Disturbed Spermacoce veTticillola Spermacoce Disturbed Steootaphrum secundum St. Augustine grass Disturbed Stipulicida setacea Wire plant Scrub Stylosanthes hamata Pencil flower Disturbed Til/ondsia balbisiana Recurved wild pine Scrub Tillandsia fasciculola Cardinal wild pine Scrub Tillandsia recurvata Ball moss Scrub Tillandsia US1reoÎdes Spanish moss Scrub Tùlandsia utriculata Giant wild pine Scrub Tribulus cistiodes Punctw"e vine Disturbed Tridax procumbens Tridax Disturbed Urena lobata Caesar's weed Disturbed Vaccinium myrsinites Shiny blueberry Scrub Vitis rotundifolia Muscadine grape Disturbed Vitis shuttleworthii Calusa grape Scrub Waltheria indica Waltheria Disturbed Ximenia americana Tallow wood Scrub Yucca aloifolia Spanish dagger Disturbed Wedelia trilobata Wedelia Disturbed Zebrina penduJa Wandering Jew Disturbed , ' , Leon M. Weekes Environmental Preserve Page II 2. RARE AND ENDANPERED PLANTS The following is a list of plants that are endangered, threatened, rare, and species of special concern with commentaries on the population size. Recommendations on how the species might be managed or protected can be found in Section 111-1 C. Asclepias curtissii. CURTIS'S MILKWEED - Considered endangered by the Florida Department of Agriculture. Although these plants persist for an unknown number of years in shaded sites, they flower and fruit regularly only when they are in sunny places. Asimina reticulata. PAWPAW - ENDEMIC. While not on any endangered species list, this shrub is found nowhere else in the world except peninsular Florida. As urbanization has destroyed the Scrub habitat, the range of this species has decreased. Fonnerly the species grew south into Dade Co. Plants have not been found there in years. The native butterfly called the Zebra Swallowtail (Papilio marcellus) requires the genus Asimina as food for its larvae. As the plants decrease there is a similar decline in these colorful and beneficial insects. Chamaesyce cumulicola. SCRUB SPURGE - Under review (C2) by the U.S. Department oflnterior, Fish and Wildlife Service. Requires high light areas and is mostly found in recently disturbed soil. Conr-adina grandiflora. SCRUB MINT - Considered endangered by the Florida Department of Agriculture. Under review (C2) by the U.S. Fish and Wildlife Service. This species begins to flower less often and the stems decline as shaded areas increase. The species thrives in open areas. Helianthemum nashii. FROSTWEED - ENDEMIC. This species grows only in sunny sites in Scrub. Lechea cemua. NODDING PINWEED - Considered endangered by the Florida Department of Agriculture. Under review (C2) by the U.S. Fish and Wildlife Service. These plants thrive only in sunny sites. Lechea divaricata. PINE PINWEED - Considered endangered by the Florida Department of Agriculture. Under review (C2) by the U.S. Fish and Wildlife Service. These plants thrive only in sunny sites. Opuntia compressa. PRICKL Y PEAR - Considered threatened by the Florida Department of Agriculture. These plants thrive only in sunny sites. Palafoxia feayi. PALAFOXIA - ENDEMIC. These plants thrive only in sunny , si tes. PelSea humilis. SILK BAY - ENDEMIC. Although these small trees persist into the canopy in some places in sand pine stands, they thrive only when established in open areas. Sabal etonia. EATON'S PALMElTO - Considered threatened by the Florida Department of Agriculture. These plants thrive only in sunny sites. " ' I . Leon M. Weekes Environmental Preserve Page 12 TiIlandsia balbisiana. RECURVED WILD PINE - Considered threatened by the Florida Department of Agriculture. Air plants or wild pines grow in Scrub communities because of the high atmospheric humidity within the vegetation. TiIlandsia fasciculata. CARDINAL WILD PINE - Considered commercially exploited by the Florida Department of Agriculture. Air plants or wild pines grow in Scrub communities because of the high atmospheric humidity within the vegetation. TiIlandsia utriculata. GIANT WILD PINE - Considered commercially exploited by the Florida Department of Agriculture. - Air plants or wild pines grow in Scrub communities because of the high atmospheric humidity within the vegetation. , ' , Leon M. Weekes Environmental Preserve Page 13 3. EXOTIC PLANTS, THEIR ECONOMIC AND ECOLOGICAL IMPACTS AND IMPORTANCE No attempt has been made to map these species since most are scattered throughout the site in sites that have been disturbed in some manner. A few are restricted, and these have text comments on locations. Abrus precatorius. Rosary pea - These vines grow mostly along margins where there is abundant sunlight. There are, however, plants within the canopy. Little is know about their interactions with native plants and animals. It is known that the seeds are highly poisonous (Lampe and McCann, 1985). A single black and red seed is said to contain enough toxin to kill a horse, but the toxin is only released if the seed is consumed green or the colored seed coat is broken. The species is potentially dangerous to people using the site. - Acacia auriculiformis. EAR-LEAF ACACIA- For many years these herbs were grown as ornamentals and did not escape into the wild. About 1979 the tìrst plants were noted appearing in undisturbed native habitats. For a few years prior to that seedlings had been found near cultivated plants. Birds are apparently responsible for distributing the seeds since they are attracted to the bright yellow stalk (aril) that attaches the black seed to the fruit. The trees grow rapidly in open sites and quickly create shaded patches that inhibit native plants. In addition to shading and outcompeting native plants, these trees have poisonous compounds (presumably saponins) in the fruits that are potentially hannful to humans if ingested. Pollen causes respiratory distress in many people. Asparagus densif7orus. SPRINGER'S ASPARAGUS FERN - For many years these herbs were grown as ornamentals with no apparent detrimental affects. Some years ago they began to appear in places where they had not been planted. It was thought at tìrst that they were being carried around in the soil of other cultivated plants. Now it is known that the new plants are being sown by birds. Several birds eat the seeds, and when the pulp around the seed is digested, the unaffected seed is planted with a cache of fertilizer in the form of avian feces. The plants grow in a number of native habitats, but most notable Scrub. Their affect on native plants and animals remains unknown. The plants are, however, known to be allergenic to many humans who contact them. Brassaia actinophyl/a. SCHEFFLERA - Apparently in the 1980s these trees began to be spread into native and other habitats. Not only are the trees being spread by birds into Scrub and hammock forests, they are appearing as epiphytes on other cultivated species, on buildings and even in stonn sewers. The species grow well in shaded sites and preclude native plants from growing there, The trees also compete with native plants for light and canopy space. All plant parts contain oxalic acid crystals and cause contact dermatitis in many people. Callisia fragrans. BASKET PLANT - Only recently has this species been found in the wild in our county, although it was reported for the southern counties earlier (Long and Lakela, 1971). The herbs, related to Oyster plant, are originally from Central America. These plants grow in disturbed sites where they compete with native species for space. Cathcranthus roseus. PERIWINKLE - These plants grow in disturbed sites where they compete with native species for space. Otherwise, there is no known detrimental affects to native organisms. , ' . Leon M. Weekes Environmental Preserve Page 14 Chloris petraea. FINGER GRASS - They produce pollen which causes respiratory allergies in many people. These plants grow in disturbed sites where they compete with native species for space. Crotalaria mucronata. RATILE BOX - This species, plus others, were introduced many years ago. All species have poisonous seeds. I f ingested, the seeds may be lethal because of the pyrollizidine alkaloids that they contain. These plants grow in disturbed sites where they compete with native species for space, Crotalaria retusa. RA TILEBOX - This species, plus others, were introduced many years ago. All species have poisonous seeds. If ingested, the seeds may be lethal because of the pyrollizidine alkaloids that they contain. These plants grow in disturbed sites where they compete with native species for space. Dactyloctenium aegyptium. EGYPTIAN GRASS - These plants produce pollen which causes respiratory allergies in many people. These plants grow in disturbed sites where they compete with native species for space. Eugenia unif1ora. SURINAM CHERRY - Several patches of this shrub has been found. As long as the species continues to be cultivated, the potential exists for this plant to continue being reintroduced. These plants grow in disturbed sites where they compete with native species for space. Ficus microcarpa. CUBAN LAUREL FIG - Scattered seedlings of this landscape tree occur at least in the southern end below gaps in the pine canopy. Some years ago the pollinators of this tree were introduced, and it began producing fertile fruits. Now birds and other animals are spreading the seeds into disturbed environments. Some seedlings are appearing within comparatively intact native habitats. Not only do these plants compete with native species for space and nutrients, they shade out other plants and make habitats unsuitable for them. Fimbristylis spathacea. HURRICANE GRASS - These plants occur in disturbed sites such as along roadways. Since they produce abundant airborne pollen, the are probably involved in respiratory allergies in many people. These plants grow in disturbed sites where they compete with native species for space. Indigofera hirsuta. WILD INDIGO - These bean relatives contain poisonous alkaloids which make them poisonous in ingested. These plants grow in disturbed sites where they compete with native species for space. Jatropha multifida. PuRGE NUT - These cultivated shrubs have been cultivated in yards nearby the western side and are volunteering on the LMWEP from seeds. Although . the species is not known as an invasive exotic pest, this potential exists. The species is, however, drastically poisonous. Seeds, if ingested, may be fata\. Removal of these plants should be a priority. Kalanchoe grandifolia. LIFE-PLANT - These plants grow in places that have been disturbed. There is no known impact on native organisms except for competition for space and nutrients. Kalanchoe pinnata. LIFE PLANT - These plants grow in places that have been disturbed. There is no known impact on native organisms except for competition for space and nutrients. The species contains a number of complex chemicals that have been used throughout the tropics in medicinal preparations. " ' I, . Page 15 Mangifera indica. MANGO - Apparently people have discarded seeds from the cultivated mango trees west of the lMWEP parcel. In a few places these seed have germinated and established young seedlings. If allowed to continue growing, these plants will shade out native species. Moreover, many individuals are allergic to the sap. The plants are in the same family as poison ivy. Mormodica charantia. BALSAM APPLE - This is the wild form of a species widely cultivated in Asia for food. Although most parts of the plants are poisonous when not cooked, the immature fruits of the cultivated strains have been eaten. Seeds, leaves and other parts of our plants are poisonous (Lampe and McCann, 1985). Leaves contain saponins. These plants grow in disturbed sites where they compete with native species for space. Nephrolepis multiflora. SWORD FERN - Apparently this species was accidentally introduced as a weed in other cultivated plants. Since it first appeared some years ago, it has been found in a large number of areas. These plants grow in places that have been disfurbed. There is no known impact on native organisms except for competition for space and nutrients. Opuntia cochenillifera. NOPAL CACTUS - Escaped from cultivation in nearby yards, these plants are spread along the western border of the land. These plants grow in disturbed sites where they compete with native species for space. Panicum maximum GUINEA GRASS - Originally brought into the United States from Africa as a pasture grass, this species quickly escaped into the wilds. Since only the youngest stages are edible to domestic animals, the plants continue growing and reproduce. While the seeds are eaten and spread about the birds, the older stems and leaves contain substantial amounts of cyanides (Perkins and Payne, 1978). They produce pollen which causes respiratory allergies in many people. These plants grow in disturbed sites where they compete with native species for space. Panicum repens. TORPEDO GRASS - These plants spread by underground stems (rhizomes) and quickly dominate and push out native grasses. They produce pollen which causes respiratory allergies in many people. These plants grow in disturbed sites where they compete with native species for space. Rhynchelytrum repens. NATAL GRASS - Brought into the United States near the turn of the century as a pasture grass, this species escaped into the wild almost immediately. There are unconfirmed reports that the older plants contain poisonous compounds that are toxic to livestock. This is now a widespread grass in Florida where it competes with native species for space and nutrients. They produce pollen which causes respiratory allergies in many people. These plants grow in disturbed sites where they compete with native species for space. Richardia brasiliensis. RICHARDIA - This herb has been spread around the state in sod. It appears as a widespread herb in Florida where it competes with native species for space and nutrients. Schinus terebinthifolius. BRAZlUAN PEPPER TREE - Introduced near the turn of the century, this species did not escape into the wild until the late 19508. Since the late 19508 the tree has invaded every native Florida habitat, competing with native plants for space, light and nutrients, and producing compounds that inhibit the growth of native (Dunevitz and Ewel, 1981). Not only does the species compete with native plants and , ' , Page 16 animals, it is poisonous to humans. Contact with the sap produces a dermatitis in many people, and terpenes from the flowers cause respiratory allergies in many others. Sida cordifiJlia. INDIAN MAU..OW - These plants grow in places that have been disturbed The only known impact on native organisms is competition for space and nutrients. Spermacoce verticillata. SPERMACOCE - These plants grow in places that have been disturbed. The only known impact on native organisms is competition for space and nutrients. Stenotaphrum secundum. ST. AUGUSTINE GRASS -This grass is widely cultivated as a lawn grass. Although said to be sterile, the plants persist from discarded material from home lawns and continue growing in wild areas. Not only do the plants compete with ñative species for space and nutrients, they produce pollen which causes respiratory allergies in many people. Tribulus cistiodes. PuNCTURE VINE - Apparently introduced on airplane tires during World War II, this prostrate vine grows in disturbed sites. The only known impact on native organisms is competition for space and nutrients. Since the flowers are more showy than some native species, there is probably competition for pollinators among native bees. Tridax procumbens. TRIDAX - The only known impact on native organisms is competition for space and nutrients. Since the flowers are more showy than some native species, there is probably competition for pollinators among native bees. Urenalobata. CAESAR'S WEED - This mallow relative probably competes with natives for pollinators, thereby reducing their efficacy with native plants. These plants grow in disturbed sites where they compete with native species for space. Waltheria indica. W AL1HERIA - This species appears and disappears with some regularity in our region. Usually the plants are introduced by accidental transport OIl vehicles such as trains. Periodic cold spells eliminate local populations. There is no known impact on native organisms except competition for space and nutrients. Wedelia trilobata. WEDEUA - These mostly prostrate herbs have escaped from cultivation in the nearby yards. These plants grow in disturbed sites where they compete with native species for space. " ' , Leon M. Weekes Environmental Preserve Page 17 4. ANIMALS NOTED ON THE SITE SCIENTIFIC NAME COMMON NAME HABITAT VERTEBRATES Anolis carolinensis Green anole Generalist Anolis sagrei EX Brown anole Generalist Aphelocoma coerulescens T Scrub jay2 Scrub Cardinalis cardinalis Cardinal Generalist Cnemidophorus sexlineatus Six-line racerunner Generalist Coccyzus americanus Yellow·billed cuckoo Migrant Colaptes auratus Flicker Generalist Coluber constrictor Black racer Generalist Columbina passerina Ground dove Generalist Cyanocitta cristata Bluejay Generalist Dasypus novencinctus Annadillo Generalist Diadelphis marsupialis Opossum Generalist Felis cattus EX House cats Generalist Gopherus polyphemus sse Gopher Tortoise Scrub3 Melanerpes caro/inus Red-bellied woodpecker Generalist Dtus asio Screech owl Generalist Procyon lotor Raccoon Generalist Quiscalus quiscula Common grackle Generalist Sciurus carolinensis Gray squirrel Generalist Urocyon cinereoargenteus Gray fox Generalist A VARIETY OF W ARB LERS INCLUDING THE FOLLOWING: Dendroica caerulescens Black-throated blue warbler Migrant Dendroica palmarum Palm warbler Winter resident Dendroica tigrina Cape May warbler Migrant Geothlypis trichas Yellow· throat warbler Migrant Mniotilta varia Black and white warbler Migrant Parola americana Parula warbler Migrant Seiurus aurocapillus Ovenbird Migrant Setophaga ruticilla American redstart Migrant EX A non· native species. T A Threatened native species. 2In 1985 there was a small group (4-5 individuals) were living in this vicinity and ranging south into northern Boca Raton. In recent years a single individual has been seen in the area. Presumably the remaiQing members of what was probably a family have either emigrated elsewhere or died. sse A native species of special Concern. 3In 19857 dens were found; 3 active. No complete survey was made in 1985. '. , . . Leon M. Weekes Environmental Preserve Page 18 INVERTEBRA TES Cidndela sp. Tiger beetle Scrub Efferia sp. Robber fly Scrub MeJanopJus sp. Scrub grasshopper Scrub PheidoJe sp. Harvester ants Scrub Tragnatha sp. Long-jawed orb-weaver spider Scrub Leucauge sp. Orchard spider Scrub - . I Leon M. Weekes Environmental Preserve Page I 9 5. LOCATION DATA ON ENDANGERED AND RARE SPECIES 5A. Maps showing location of endangered and rare species ... Figures 13-23 5B. Measurements to individual endangered and rare plants Transects were established at thirty (30) foot intervals. The measurements from the western rail of the FEC Railroad tracks were used as a baseline reference point for these to assure long-term relocation. This will allow resurveys in the future to reexamine the frequency and identify of the endangered and rare plants as wished. A more permanent reference point was established with the Coastal Geodetic Survey marker east of the railroad near the northern end of the parcel. This ffiftrker # 1156S, B 234, implanted 1965 (contact Palm Beach Co. Engineering Department at 407-684-4060) has been measured to be 77 feet east of transect line no. 10 of Parcel F (transect line 10F is 260 degrees west of the survey marker). PARCEL A -TRANSECTS NUMBERED FROM SOUTH TO NORTH Measurements are from the western edge of the FEC railroad tracks Transect 1 West North South Asimina reticulatE 139.6 ft 3.2 ft Transect 3 West No rt h South TilIandsia sp. 4 69.5 ft 5ft 143.5 0 Transect 4 West North South Chamaesyce cumulicola 36.5 lOft. Saba! etonia 113 6 ft 117 2.7 118.5 0 119 3 128 3 132 5 133 2.5 133 2 135 4.5 135 5.7 135 3 138 I 138 3 141 3 143 1.4 4Juveniles of T. {ascicu/ataand T. utricu/ata are difficult to impossible to distinguish. Those plants marked as "sp." are juveniles of one of these two species. ,. , I, Leon M. Weekes Environmental Preserve Page 20 Transect 5 West North South Chamaesyce cumulicola 33.3 ft 6ft 34 4.5 ft 34.3 12 ft Sabal etonia 150.3 4.7 Transect 6 West No rt h South Chamaesyce cumulicola 32.7 1.6 33.1 0 35.7 0.3 36.1 0 36.1 2 37.2 1.3 40 14 35.5 14-15 Lechea divaricata 42.7 1.2 - Opuntia compressa 40.7-42.7 3.3 40.7 -42.7 1.5 40.2 0 68.7 0 70.7 I Saba! etonia 152.2 4.4 TiIlandsia sp. 175.7 4 63.7 2 Transect 7 West North South Chamaesyce cumulicola 34.4 0.4 38.6 0.9 39 1.8 37.4 14.3 Chamaesyce cumulicola 41.5 9 Opuntia compressa 51.4 3 53.4 0 Til/andsia utriculata 68.4 6.5 Transect 8 West North South Chamaesyce cumulico!a 38.1 ft 10 ft 38.1 12 38.6 1 \. 1 Opuntia compressa 58.6 10 Saba! etonia 174.6 6 177 3.3 ft 177.6 0 TiIlandsia balbisiana 114.6 2.7 115.3 2.3 TiIlandsia sp. 143.6 3.7 144.6 3.7 145.6 3.3 Transect 9 West North South Opuntia compressa 57.6 6.5 58.1 6.5 Pala{oxia {eayi 108.6 0.5 120.1 0.8 '. ' , Leon M. Weekes Environmental Preserve Page 21 123 0.8 124.5 0.5 125.1 1.4 128.5 0.5 Saba! etonia 146.6 4.5 152.9 2.1 159.2 0 168.1 5.4 170.9 4 172.9 4.6 TiIlandsia sp. 114.7 5.6 123.8 4.9 124 2.5 129.6 5 129.5 4.3 - 131.3 0 134.5 2.7 134.2 0 131.5 2.5 131.6 2.5 132.6 3 134.4 1.7 135.1 4,6 135.1 4.3 135.4 4.7 136.3 2.1 136.6 2.6 136.8 2.6 137.1 5 137.3 2.8 138.1 3.8 138.2 3.7 138.3 3.1 138.9 1.3 139.9 3.6 123·152 5-13.4 and 10.4-15.9 Transect 10 West North South Palafoxia feayi 73.9 ft 2ft 75 1.8 132.3 3.4 132.4 3.4 137 4.8 Saba! etonia 46 0.4 Transect II West North South Pa!afoxia feayi 135.2 1.8 ft 135.2 1.6 136.2 1.6 136.9 1.6 137.5 3.2 138.1 2 144.2 4 ., I , , Leon M. Weekes Environmental Preserve Page 22 158.2 0 162.5 2.4 Saba! etonia 65.2 15 90 3.8 101 0.7 105.2 3.2 109,2 5.4 109.5 5.3 109.8 6.8 147.8 12 148.7 3.8 174.2 6 174.9 2.4 175.2 9 177 >'8 177.2 3.7 183.9 1.3 184.5 5.3 186.7 1 PARCEL B - DATA RECORDED FROM SOUTH TO NORTH Measurements are from the western edge of the FEC railroad tracks Transect 1 West North South PaJafoxia feayi 81ft 20 ft 90 2 Asimina reticulata 81 20 Transect 2 West North South Tillandsia fasciculata 79 5 T. utriculata 103 4ft Asimina reticuJata 41 7 PaJafoxia feayi 151 2 133 5 Transect 3 West No rt h South Opuntia 112 6 45 5 Tillandsia utricuJata 86 2-3 Tillandsia fasicuJata 87 3 Palafoxia feay; 85 10 66 2 106 2.5 109 4 109 0 Transect 4 West North South Asimina reticulata 57 ft 8ft Chamaesyce cumu/icola 41 14 40.5 9.5 PaJafoxia feayi 78 10 170 2 170 0 69 2 Transect 5 West No rt h South . , · Leon M. Weekes Environmental Preserve Page 23 PaJafoxia feayi 118 10 99-100 5 121 1 123 I 123 4 133 4 ISO 6 Transect 6 West North South Chamaesyce cumulicola 36 19 36 16 36 7.5 39 13.5-15 39 4 39.5 0 33.5 0 - Palafoxia feayi 92 I 44 16 Transect 7 West North South TilIandsia utriculata 190-195 10 Palafoxia feayi 122 5 184 2-10 Transect 8 West North South Opuntia compressa 85 22 98 22 PaJafoxia feayi 171 9 85 20 Transect 9 West North South Transect 10 West No rt h South Chamaesyce cumulicola 36.5-39.5 16-17 Opuntia compressa 63 3 Chamaesyce cumulicola 35 14 35.5 3.5 Asimina reticu/aœ 101 5 177.7 4 Palafoxia feayi 179 2 179 3 178 0 181 2 210 10 Conradina grandiflora 186 1 190 2 192 I PARCEL C -TRANSECTS RUN FROM NORTH TO SOUTH Measurements are from the western edge of the FEC railroad tracks Transect C 1 is the asme as transect 0 I. Transect 1 West North Sou th Conradina grandiflora 143 ft 5.2 ft 144 4.8 146 5.2 '. ' , Leon M. Weekes Environmental Preserve Page 24 148 5 153 2.5 154 2 170 2ft 178 0.3 180 1.5 180 0.5 180 1.5 184 0.6 186 0 186 4 192 4 202 0 202 3 210 0 - 213 1.5 216 0.5 216 2.5 217 1 220 0.2 220 2 222 1.6 224 0 226 1.2 226 2.5 233 1.8 235 1 Sabal ctonia 203 7.25 Opuntia comprcssa 213 1.5 231 5 Palafoxia feayi 253 6 258 0 260 0 264 2 Transect 2 West North South Asimina reticulata 24 ft 5ft Opuntia compressa 32 3ft 72 0 79 10 120 3 Tillandsia balbisiana 105 5 Conradina grandif10ra 112 I 112 1 133 3 177 0 186 1-7 187 1-7 188 1-7 189 1-7 223 0 Sabal ctonia 122 O· 212 I 235 1 ., , , Leon M. Weekes Environmental Preserve Page 25 Transect 3 West No rt h South Opuntia compressa 16 I 84 5 Conradina grandiflora 145 0 149 5 166 6 Palafoxia feayi 213.5 0 Sabal etonia 225 I Transect 4 West No rt h South Asimina reticulatil 32 10 42.5 15 Opuntia compressa 32 0 Conradina grandiflora 66 2 - 69 0 7 I 5 75 1.5 84 5 90 4 101 2 143 4 144 3 144 2 Sabal etonia 150 1 188 2 TilJandsia sp. 5 252 1 Transect 5 West North South Asimina reticulatil 58 ft 2ft Conradina grandiflora 88 5ft 89 2 150 3 154.3 0.5 156 3 Persea humilis 203 5 231 3 Transect 6 West North South Asimina reticulatil 98 4 140 5 Conradina grandiflora 150 5 157 4 175 0 176 0 192 3 194 5 202 0.5 5Juveniles of T. fasciculataand T. utriculata are difficult to impossible to distinguish. Those plants marked as "sp." are juveniles of one of these two species. , ' , Leon M. Weekes Environmental Preserve Page 26 204 2 208 0 Persea humilis 214 0 Opuntia compressa 248 4 SabaJ etonia 265 4 Transect 7 West No rt h South Tillandsia fasciculata 38 2 PaJafoxia feayi 79 2 84.3 4 84.6 3 86 3 86 4 89.5 2.5 90.2 2.5 - 90 2 Sabal etonia 80 5 97 0 102 4 112 5 158 0 217 5 258 I Asimina reticulata 115 I 116 I 151 2 Conradina grandiflora 155.4 I 155 I 156 2 170 I 171 I 172 I 173 1 174 I 174 3 179 0 187 3 Persea humilis 205 3 Transect 8 West North South Conradina grandiflora 41ft Oft 150 2ft 150 3 150 5 169 5 207 4 209 3 210 5 241 4 Opuntia compressa 267 5 270 5 Transect 9 West No rt h South Palafoxia feayi 37 0 ., I ¡ · Leon M. Weekes Environmental Preserve Page 27 39 4 70 0 71 0 71 5 COnIadina grandiflora 88 3 88 2 93 3 Asimina reticuJata 115.5 2.5 124 5 SabaJ etonia 146 I Transect 10 West North South PaJafoxia feayi 62 3 63 4 90 0 - 100 5 103 5 107 5 Asimina reticu/ata 170 3 171 0 Opuntia compressa 300 0 Conradina grandiflora 300 2 PARCEL D - DATA RECORDED FROM SOUTH TO NORTH Measurements are from the western edge oftheFEC railroad tracks Transect D 1 is the same as transect C I. Transect I West No rt h South Conradina grandiflora 195 ft 197 197 1ft 225 3ft 260 5 260 10 265 7 270 SabaJ etonia 172 5 208 10 Transect 2 West No rt h South Chamaesyce cumulicoJa 33ft 2ft Conradina grandiflora 195 197 197 I 225 3 260 5 260 10 265 7 270 Sabal etonia 119 167 5 Tíllandsia sp. 165 182 7 '. ' · Leon M. Weekes Environmental Preserve Page 28 Transect 3 West North South Conradina grandiflora 212 3 238 240 240 5 245 255 255 10 Opuntia compressa 61 5 Saba! etonia 170 3 Transect 4 West No rt h South Conradina graniflora 190 250 10 253 7 254 2- 254 7 254 8 255 10 Chamaesyce cumulico!a 38 9.5 Saba! etonia 75 10 121 I 255 10 255 5 Tillandsia sp. 120 Transect 5 West North South Chamaesyce cumulico!a 39.5 I Conradina grandiflora 190 3 201 3 220 10 255 8 255 10 280 7 Saba! etonia 67 5 \\0 182 I 200 I 205 3 Tillandsia sp. 150 3 155 15 Pala{oxia 265 3 267 5 271 280 7 Transect 6 West North South Conradina grandif10ra 177 8 180 8 242 5 248 Opuntia compressa 170 10 Saba! etonia 88 2 180 " ' , Leon M. Weekes Environmental Preserve Page 29 195 241 Tillandsia sp. 150 150 10 Transect 7 West No rt h South Chamacsycc cumu/icola 40 7 40 11.5 Conradina grandiflora 178 10 217 8 255 290 3 Opuntia compressa 268 4 Sabal cronia 95 160 I-Ð 260 Transect 8 West North South Conradina grandiflora 235 10 250 4 253 10 Sabal cronia 210 2 274 Tillandsia sp. 150 2 187 230 10 Transect 9 West North South Conradina grandiflora 210 10 270 10 Sabal cronia 175 178 9 238 2 Tillandsia sp. 50 2 Transect 10 West No rt h South Asimina recticulata 120 145 Conradina grandiflora 230 3 236 2 240 7 242 3 242 269 3 272 3 Pala{oxia 230 5 255 Tillandsia sp. 260 PARCEL E - TRANSECTS ARE FROM SOUTH TO NORTH Measurements are from the western edge of the FEC rai lroad tracks Transect I West North South , ' I Leon M. Weekes Environmental Preserve Page 30 Opuntia compressa 49 11 Asimina rcticulata 43 11 108 9 130 3 137 4 Conradina grandif10ra 285 9 302 0 Palafoxia fcayi 310 0 Tillandsia ba/bisiana 304 3 Chamacsycc cumulico/a 41 9-11 Conradina grandiflora 244 2 246 3 260 263 264 - Palafoxia 212 238 7 245 4 245 260 Sabal ctonia 240 7 Tillandsia sp. 150 10 Transect 2 West North South Palafoxia fcayi 46 4 268 10 Saba! ctonia 170 0 Opuntia comprcssa 263 10 270 7 Asimina reticulata 308 9 Transect 3 West North South Sabal ctonia 300 15 Asimina rcticulata 127 10 152 9 Conradina grandiflora 280 2 283 8 Opuntia comprcssa 285 15 Chamacsycc cumulicola 31.5 15 Transect 4 West North South Palafoxia fcayi 240 ft 10ft 245 4ft Conradina grandiflora 240 8 300 4 290 6 236 15 272 7 Asimina rcticulata 162 6 Transect 5 West North South Palafoxia fcayi 271 5 268 1 271 3 .. I Leon M. Weekes Environmental Preserve Page 3 I 270 13 270 3 267 2 Conradina grandil10ra 270 9 Chamaesyce cumulicola 39 4 Transect 6 West No rt h South Asimina reticulata 42 20 160 13 188 6 186 5 23 13 Conradina grandil10Ia 270 9 Chamaesyce cumulicola 36-40 ION to 9 S 30 II - Transect 7 West North Sou th Opuntia compressa 66 10 193 6 Sabal etonia 75 2 Conradina grandil10ra 293 15 Transect 8 West North South Conradina grandil10ra 270 8 Palafoxia feayi 195 0 189 0 Transect 9 West North South Conradina grandil10ra 266 5 247 0 Asimina reticulata 13 14 Transect 10 West No rt h South Palafoxia feayi 237 5 PARCEL F - NUMBERED FROM NORTH TO SOUTH Measurements are from western edge of FEC Railroad track. Transect I West North South Opuntia compressa 55 ft 0 76 12 ft 88 12 96 II & 13 100 0 108 10 113 0 Palafoxia feayi 140 5 Sabal etonia 145 5 Persea humi/is 145 0 150 0 Palafoxia & Opuntia 150 15 Opuntia compressa 152 0 '. , I, Leon M. Weekes Environmental Preserve Page 32 Pcrsea humilis 175 15 Conradina grandiflora 320 15 380 10 390 2 Tillandsia fàsciculata 390 10 Conradina grandiflora 400 1 400 2 410 0 PaJafoxia feayi 410 0 Opuntia comprcssa 420 15 Asimina rcticuJata 420 10 Transect 1 Andy West North South Pcrsea humilis 50 ft 5ft 90 0 - 110 10 ft 120 5 PaJafoxia feayi 130 5 Opuntia comprcssa 130 3 47-50 8-10 Tillandsia fascicuJata 130 0 155 0 PaJafoxia feayi 160 0 Pcrsea humilis 170 0 195 0 Palafoxia fcayi 320 0 325 0 Conradina grandiflora 370 0 420 0 Palafoxia feayi 420 0 445 0 Conradina grandiflota 460 0 Asimina rcticuJata 460 15 Conradina grandiflora 465 5 475 0 Transect 2 West North South Pcrsea humilis 85 ft 5ft Tillandsia utricuJata 90 5 105 15 Pcrsea humilis 100 5 Sabal ctonia 110 10 ft PaJafoxia feayi 115 0 Hc/ianthcmum nashii 160 2 165 0 PaJafoxia feayi 165 5 Hclianthcmum nashii 170 5 180 5 195 0 195 5 Opuntia comprcssa 195 0 PaJafoxia feayi 205 0 Opuntia comprcssa 210 5 Hclianthcmum nashii 212 5 '. I Leon M. Weekes Environmental Preserve Page 33 PaJafoxia fcayi 215 0 230 0 Helianthemum nashii 230 0 PaJafoxia fcayi 240 0 Lechca cemua 240 0 245 5 PaJafoxia feayi 286 0 310 0 320 5 385 0 410 10 Conradina grandil70ra 430 8 Chamaesyce cumulicoJa 40-44 II N to 2 S Transect 3 West No rt h South - Ti11andsia utricuJalß 75ft 12 ft Opuntia compressa 80 5 110 5 Ti11andsia utriculata 110 5ft 110 10 115 1 Lechca divaricata 155 5 SabaJ etonia 158 2 Lechca divaricata 174 5 185 0 Lechca cemua 195 2 Opuntia compressa 205 10 Palafoxia fcayi 215 10 Lechca cemua 220 5 220 10 223 20 Palafoxia fcayi 225 20 Lechca cemua 225 3 Helianthemum n. 205-255 0 Chamaesyce cumulicola 4 \.5 14 4 \.5 18 46 0 Transect 4 West North South Palafoxia fcayi 170 ft 10 ft Opuntia compressa 180 5ft Persca humilis 295 0 Conradina grandil70ra 335 10 Transect 5 West No rt h South Opuntia compressa 75ft 0 80 5ft Palafoxia fcayi 260 0 320 10 Opuntia compressa 390 10 ft PaJafoxia fcayi 420 0 Transect 6 West North South Persca humilis 50 ft 5ft " ' , Leon M. Weekes Environmental Preserve Page 34 60 0 Tillandsia utriculata 60 0 Opuntia compressa 85 0 Asimina reticulata 85 5 Opuntia compressa 105 3 ft Asimina reticulata 145 10 Persea humilis 150 5 Asimina reticulata 185 10 235 20 Palafoxia feayi 380 0 380 13 380 29 Chamaesyce cumulicola 40.5 7 37.5 II - Transect 7 West No rt h South Tillandsia utriculata 90 ft 0 Opuntia compressa 195 5ft Palafoxia feayi 295 10 385 10 395 20 Conradina grandiflora 395 0- 5 ft PaJafoxia feayi 395 0-5 410 0 Conradina grandiflora 410 10 Chamaesyce cumulicoJa 36 13 Transect 8 West North South PaJafoxia feayi 390 ft 5ft 390 13 390 II ft Opuntia compressa . 211'6" I 211 4 265 7 Transect 9 West No rt h South PaJafoxia feayi 362-370 ft 0 425 5ft Persea humilis 374 0 Conradina grandil10ra 338 0 355 16 ft Conradina grandiflora 360 0 363 0 374 0 Transect 10 West No rt h South PaJafoxia feayi 274-276 ft 0 280 4ft 318 14 ft 369 0 372 2 367-388 0 402 7 404 II ,. , , , Leon M. Weekes Environmental Preserve Page 35 419 17 443 0-4 443 3 Conr-adina grandiflora 270 8 318 14 338 0 338 4 354 0 356 9 363 0 369 0 376 8 376 4 404 12 429 17 - Opuntia compressa 47 15 404 I] . , Leon M. Weekes Environmental Preserve Page 36 5C. MEASUREMENTS TO GOPHER TORTOISE BURROWS AS OF JUNE 1992 PARCEL A WEST NORTH SOUTH Transect 3A 189 6 active Transect 4A 47 14 old Transect 7 A 58 0 active Transect 9A 133 10 inactive PARCEL B WEST NORTH SOUTH Transect 3B 59 0 inactive 47 5 active Transect 4 B 51 0 active 123.8 from W 13 iñactive 106 5 old Transect 5B 64 10 active Transect 8B 71 15 active Transect 9B 55 from W 14 old III from W 0 active PARCEL C West No rt h South Transect 2C 240 6 acti ve Transect 5C 58 2 active 255 5 inactive Transect 8C 77 0 inactive Transect 9C 195 0 inactive PARCEL D WEST NORTH SOUTH Transect 1 D 270 0 old Transect 2D 70 0 active 105 0 inactive Transect 6D 281 0 old Transect 8D 171 7.5 inactive 140 0 old 98 9.6 inactive Transect 9D 240 0 old PARCEL E WEST NORTH SOUTH Transect 1 E 355 4 inactive 385 10 active 90 10 inactive 90 10 old Transect 2E 160 0 inacitve 140 0 inactive Transect 3E 140 4 active 207 10 inactive Transect 4E 312 0 inactive 400 15 inactive 380 0 active 50 10 active Transect 5E 395 10 active 260 8 active Transect 6E 330 0 inactive . , , Leon M. Weekes Environmenta\ Preserve Page 37 380 0 active 420 0 inactive 304 0 active Transect 7E 400 0 inactive 420 \0 old 260 \3 inactive Transect 9E 45 5 inactive \25 0 inactive PARCEL F WEST NORTH SOUTH Transect IF 2\5 0 old 325 0 inactive 4\0 2 old Transect lAndy F 150 10 old 315 15 old 470 5 oTd Transect 2F 68 3 active Transect SF 80 5 active 230 0 inactive Transect 6F 88 15 active \95 5 old \05 5 old Transect 7F 75 \5 active \00 15 active \45 4 active 320 0 old 375 20 old Transect 8F 270 5 old 367 old 83 old 83 inactive Transect 9 F \55 old \ 70 inactive Transect 10 F 290 10 inactive 283 5 active 75 0 active , Leon M. Weekes Environmental Preserve Page 38 III. MASTER PLAN According to the Interlocal Agreement between the City of Del ray Beach and Palm Beach County, ''The purchase and object of the acquisition [of the land parcel now known as the Leon M. Weekes Environmental Preserve] shall be to preserve this ecosystem in its natural state for future generations" (Palm Beach County, 1988). This agreement further calls for a management plan in which the following poirus will be considered by".... taking into consideration primarily the sensitivity and needs of the biological community and secondarily the intended educational use of the property" (emphasis added): PRIMARY CONSIDERATION 1. The property is to be managed in a natural condition; - 2. Plan for endangered, threatened, and rare species and species of special concern; 3. Plan to endeavor to eliminate any exotic pest, plant or animal species currently present on the site; 4. Preparation of a mechanism for the future of the natural preserve should any unforeseen events or activities severely limit or eliminate the natural values of the property. SECONDARY CONSIDERATION I. Preparation of a site and development plan for parking and access to the property; 2. Location of environmental exhibits and/or facilities; 3. Location of trails through the site; 4. Plan for the routine maintenance of the property and facilities; " ' · Leon M. Weekes Environmental Preserve Page 39 l. MANAGEMENT lA. MAINTENANCE OF NATURAL CONDITION To maintain natural conditions on the site the trash that has accumulated over the past years must be removed, the endangered species must be managed, and the exotic organisms must be removed and managed. For some of these items, controlled burning seems to be the only solution. The following discussion address some of the specific points of maintenance in more detail. As described in the Interlocal Agreement, the following discussion assumes that before any development is begun, steps will be taken to maintain the site in a natural condition. According to the data that we have gathered, such maintenance must begin with a prescribed burn. - lB. SUGGESTED SEQUENCE OF EVENTS Based on all the data that we have gathered, we feel that the following sequence would best serve the needs of all situations on the site. STEP 1. REMOVE TRASH. STEP 2. RECHECK AND PROVIDE FOR ACnVE TORTOISE BURROWS IN WESTERN FIRE LANE. STEP 3. CLEAR FIRE LANE. STEP 4. EDUCATE RESIDENTS ON NEED FOR BURNING, STEP 5. REMOVE EXOTICS. STEP 6. BURN THE SCRUB. STEP 7. FENCE THE PARCEL AND PUT UP "No TRESPASSING" SIGNS. STEP 8. ESTABLISH TRAILS AND ENTRANCE KIOSK. STEP 9. BEGIN TO PREPARE SITE·SPECIFIC EDUCATIONAL MATERIALS FOR TRAILS. STEP 10. COORDINATE WITH LOCAL SCHOOLS FOR ENVIRONMENTAL EDUCATION USAGE. , ' . . Leon M. Weekes Environmental Preserve Page 40 IC. MANAGEMENT OF RARE AND ENDANGERED SPECIES This section contain&a discussion of endangered, threatened, rare species and species of special concern, with recommendations on how the species might be managed or protected. (James, 1961; Austin et aI., 1979,1980; Mulleret aI., 1989; Wood, 1991). Burning of the LMWEP is an essential part of maintenance of the vegetation. Scrub communities exist because of periodic burning, and retention of the community requires it to be burned. This burning takes place at long intervals, typically between 20 and 70 years. Since it has been perhaps 50 years since the southern portion of the LMWEP has burned, that area is now approaching the time for burning. Burning has occurred more recently in the northern part of the property as indicated by the youth of the pine trees. There is a long protocol (see Section III-3) to be considered in burning Scrub éommunities. Since much of this protocol is beyond the scope of this study, we will address only those items that bear directly on the biological aspects of the site. There are two animals (one threatened and one of special concern) and thirteen plants that are endangered, threatened or rare (endemic) on the LMWEP. All of these organisms thrive during the first few years after a bum occurs in scrub. As time passes after bums, they all begin to be either stressed or to actually decline. Enough time has now elapsed since the LMWEP was last burned thatthe populations of these organisms are being negatively affected. ANIMALS Aphelocoma coerulescens (Threatened). SCRUB JA Y. In 1985 there was a small group (4-5 individuals) living in this vicinity and ranging south into northern Boca Raton. In recent years a single individual has been seen in the area. Presumably the remaining members of what was probably a family have either emigrated elsewhere or died. Undoubtedly the cause of this decline in the Scrub Jay has been the maturation and increased fragmentation of the Scrub communities in the area. Based on the available data, the Scrub Jay population in the area seems to be inviable and this animal should not drive the management plans for the LMWEP. Gopherus polyphemus (Species of Special Concern). GOPHER TORTOISE. No complete survey was made in 1985, but seven dens were found; three were active. Since that time it has been learned that nine animals from off-site have been moved to the LMWEP on two occasions after 1989 when the property was purchased. Within the Scrub food has long since become limiting for this animal. The only reason that the current gopher tortoise population levels exists (ca. 20 animals) is because of the abundance of . food avai1able outside the LMWEP. Grass and other herbaceous plants in yards and the rai1road right of way have thus far maintained the surviving animals. We do not believe that any habitat manipulation will allow the site to maintain additional animals from outside the LMWEP. Additionally, the population levels at present seem to equal or exceed those recommended for a parcel this size by the Florida Game and Fresh Water Fish Commission. Maximum =. 2Iacre (T. Stice, pers. comm., July 1992). The Weekes preserve was surveyed for gopher tortoise (GoDherus Dolyphemus) using line transects every 30 feet, the entire length of the preserve, the transects were laid out in an east· west direction. All burrows located on the transect and to the north or south of each transect line were mapped. Burrows were judged active if the soil at the mouth had recently been disturbed by a tortoise, inactive if the soil were undisturbed but the burrow , ' · Leon M. Weekes Fnvironmental Preserve Page 41 appeared to be maintained, and old if the mouth had been washed in or covered with debris (Auffenberg and Franz, 1982; Cox et al., 1987). Twenty-five active, 27 inactive and 21 old burrows were found on the preserve. Most of the burrows found were located along the perimeter of the preserve, in close proximity to grassy areas were they can feed. Many of the burrows were located in either saw palmetto (Serenoa re.pens) or oak (Quercus spp.) and tallow wood (Ximenia americana) thickets. When we apply the stmdard correction factor of 0.61, developed by Auffenberg and Franz (1982), to the number of active and inactive bUlTOWs we find this preserve is presently supporting 32 of gopher tortoises. Auffenburg and Franz (1982) found tortoise populations average 1.431ha, but may be much higher in ecotonal zones or altered areas. In general, dune scrub areas contain higher densities (x= 1. 19/ha) than inland ones (x= 0.371ha); this difference is~ssibly related to the generally higher light intensities in the generally more open seaslde communities (Auffenburg and Franz, 1982). Even taking into consideration that much of the preserve could be considered an ecotone (transition zœe), because the majority of the area is Sand Pine Scrub and is supporting too many tortoises at present. No more gopher tortoises shall be relocated to the site to prevent overcrowding and possible introduction of the upper respiratory tract disease (Mycoplasma a~~si7.ii). Prescribed burning will allow the present rolony to maintain itself. Additional animals must not be brought from outside areas for two reasons: 1). There is a potentially lethal respiratory disease in these animals that is encouraged in dense colonies. This disease does not now seem to be present. Introduction of animals from outside would put the current animals at risk because of over-crowding and possible introduction of the disease. 2). As the vegetation began to mature after burning, the available food would become limited. Additional animals would be forced to emigrate, become diseased, or starve under those conditions. There is cUITently no other proper habitat where these animals can emigrate. PLANTS Of the thirteen rare and endangered species on the site, nine (9) are fire dependent and four (4) are fire tolerant. Euœ DEPENDENT SPECIES: Asclepias curtissii (Fndangered). CURTIS'S MILKWEED. For this species to survive, the individual plants must be in direct or almost direct sunlight. This may most economically be achieved by periodic burning of the vegetation on the LMWEP (Menges, 1989). Asimina reticulata (Fndemic). P A WP A w. For this species to survive, the individual plants must be in direct or almost direct sunlight. This may most economically be achieved by periodic burning of the vegetation on the lMWEP. Chamaesyce cumulicola (Under Review, C2). SCRUB SPURGE. At present this species survives only along the eastern margin of the LMWEP near the FEC Rai1rœd right of way. The species will continue reproducing in this area as long as the margins of this right of way are mowed. Probably there is a seed bank in the soil within the Scrub of the preserve. After fire in the preserve, this seed bank will likely germinate and allow more individual plants to grow. ., ' Leon M. Weekes Environmental Preserve Page 42 Conradina grandiflora (Endangered ). SCRUB MINT. For this species to survive, the individual plants must be in direct or almost direct sunlight. This may most economically be achie~d by periodic burning of the vegetation on the LMWEP. Helianthemum nashii (Endemic). FROSTWEED. For this species to survive, the individual plants must be in direct or almost direct sunlight. This may most economically be achieved by periodic burning of the vegetation on the LMWEP. Lechea cemua (Endangered). NODDING PINWEED. For this species to survive, the individual plants must be! in direct or almost direct sunlight. This may most economically be achieved by periodic burning of the vegetation on the LMWEP. Opuntia compressa (Threatened). PRICKL Y PEAR CACTUS. For this species to survive, the individual plants must be in direct or almost direct sunlight. This may most economicaIly be achieved by periodic burning of the vegetation on the LMWfp. Palafoxia feayi (Endemic). PALAFOXIA. For this species to survive, the individual plants must be in direct or almost direct sunlight. This may most economically be achieved by periodic burning of the vegetation on the LMWEP. Sabal etonia (Threatened). EATON'S PALMElTO. For this species to survive, the individual plants must be in direct or almost direct sunlight. This may most economically be achieved by periodic burning of the vegetation on the LMWEP. FIRE TOLERANT SPECIES: Persea humilis (Endemic). SI LK BAY. These trees persist in Scrub for their entire life span. Some begin as seedlings in the understory but rarely reach maturity unless there is a break in the canopy. Periodic burning will doubtless enhance the reproduction of the species, but is not an absolute requirement for its persistence over several decades. Tillandsia balbisiana (Threatened). RECURVED WILD PINE. Fire is not required for the continued existence of this species within Scrub, but it does not typically destroy the species when it occurs. Historically there were many seed sources of Tillandsia and local fires caused only a temporary decline at any single site. Fragmentation of the habitat has depleted the seed sources of the wild pines, and the seeds are no longer abundant. Probably any management fires will eliminate existing plants but the species will return from other seed sources. TilJandsia fàsciculata (Commercially Exploited). CARDINAL WlLD PINE. Fire is not required for the continued existence of this species within Scrub, but it does not . typically destroy the species when it occurs. Historically there were many seed sources of Tillandsia and local fires caused only a temporary decline at any single site. Fragmentation of the habitat has depleted the seed sources of the wild pines, and the seeds are no longer abundant. Probably any management fìres will eliminate existing plants but the species will return from other seed sources. AIl species of Tillandsia are potentially susceptible to the newly introduced insects that eat the growing meristem at the heart of the plants. When these insects attack, they kill the air plant. Both T. fasciculata and T. utriculata have become infested in surrounding areas, but to date we have seen no evidence of this problem in the LMWEP. TilJandsia utriculata (Commercially Exploited). GIANT WILD PINE. Air plants or wild pines grow in Scrub communities because of the high atmospheric humidity within the , ' · Leon M. Weekes Environmental Preserve Page 43 vegetation. Fire is not required for the continued existence of this species within Scrub, but it does not typically destroy the species when it occurs. Historically there were many seed sources of TiIlandsia and local fires caused only a temporary decline at any single site. Fragmentation of the habitat has depleted the seed sources of the wild pines, and the seeds are no longer abundant. Proþably any management fires will eliminate existing plants but the species will return from other seed sources. All species of Tillandsia are potentially susceptible to the newly introduced insects that eat the growing meristem at the heal1 of the plants. When these insects attack, they kill the air plant. Both T. fasciculata and T. utricu/ata have become infested in surrounding areas, but to date we have seen no evidence of this problem in the LMWEP. - " ' . ' Leon M. Weekes Environmental Preserve Page 44 ID. ELIMINATION AND MANAGEMENT OF EXOTIC ORGANISMS Four exotic plant species require elimination and management on the site. These three are Ear-leaf acacia (Acacia auriculifonnis), Springer's asparagus fern (Asparagus densinorus), schefflera (Brassaia actinophylla), and Brazilian Pepper (Schinus terebinthifolius). In addition, one exotic animal should be controlled. The animal is the common house cat (Felis caws). Another common exotic animal on the property is the Cuban anole (Anolis sagre¡). PlANTS EAR·LEAF ACACIA (Acacia auriculifonnis) - Because these trees are spread by birds, they appear in comparatively remote sites. Whenever there is a break iñ the canopy, this species may become established. Discussions with representatives of the DowElanco chemical company indicate that there is no herbicide specific for this plant. Instead of using chemicals potentially hannful to the other plants, the most effective method found thus far is to cut or saw the plants off near the ground. Treat the freshly cut stump with a commercial grade, non-soil active broad spectrum herbicide such as Roundup (20-40% concentration), following directions for cut stump application, to insure that no resprouting occurs. The reestablishment of new plants in the area is inevitable because they are widely cultivated. A regular routine for killing individual plants must be established to keep this weedy tree from the site. SPRINGER'S ASPARAGUS FERN (Asparagus densiflorus) - No truly effective method has been found for controlling this invasive perennial. There are two options for its control, both requiring annual input of considerable labor. Most effective and least damaging environmentally would be removal of the plants by hand and taken off site. This can be done by simply locating the root systems and digging them out (they have an extensive tuberous root system). Alternately, a non-soil active broad spectrum herbicide may be applied, but little is known of this plant's chemical tolerance or sensitivity. The reestablishment of new plants in the area is inevitable because they are widely cultivated. A regular routine for killing individual plants must be established to keep this weedy herb from the site. SCHEFFLERA (Brassaia actinophylla ) - Because these trees are spread by birds, they appear in comparatively remote sites. Whenever there is a break in the canopy, this species may become established. There does not seem to be a herbicide specific for this . pest plant. Young seedlings can be easily pulled out by hand. To date the most effective method for eliminating the species is to cut or saw the plants off near the ground. Treat the freshly cut stump with a commercial grade, non-soil active broad spectrum herbicide such as Roundup (20-40% concentration), following directions for cut stump application, to insure that no resprouting occurs. The reestablishment of new plants in the area is inevitable because they are widely cultivated. A regular routine for killing individual plants must be established to keep this weedy tree from the site. BRAZILIAN PEPPER TREE (Schinus terebinthifolius) - Previous studies on the effects of fire on Schinus have shown that smaller trees « I m) are killed or retarded by " ' . . Leon M. Weekes Environmental Preserve Page 45 repeated burns, but larger individuals are fire tolerant (Doren et al., 1990; Doren et aI., 1991). A single prescribed burn will not retard or reduce their growth nor significantly reduce the rate of Schinus invasion. Chemical treatment is therefore necessary in the control of Brazilian pepper, hereafter referred to as Schinus. Since complete removal of Schinus trees is desired, thel: should be cut at or near ground level, followed by an immediate application of Garlon A (within no more than 10 to 20 minutes for effective treatment). Garlon 3A is a water based chemical which will be drawn down into the vascular tissues of the plant and kill what remains. Typically, a 50:50 mixture of Garlon 3A with water is brushed on the of tree stumps. Disposal plans would be needed for the cut portion of the trees. Any mechanical removal Qf u= M1l ~ restricted m ~ perimeter Qf ~ JD&t. Another option would not involve Schinus removal, but would result in dead, defoliated snags. While it may appear less aesthetically pleasing to some, it would still allow understory plant growth, a haven for animals, lower labor costs, and minimize debris disposal. This can be accomplished by spraying around the whole tree trunk from 0.5 meters to ground level (hereafter referred to as a basal treatment) using Garlon 4, an oil or kerosene based trichlopyr. A 4% to 10% solution of Garlon 4 is used, in a base of mineral oil, kerosene, or JBL (90% to 96% correspondingly). PATHFINDER is a premixed product of Garlon 4, in an oil base that is ready to use (Brice, 1992). Defoliation occurs within 3 to 4 weeks, chemical defenses are lost, and trees become invaded by woodboring insects, thus allowing natural decomposition. The southern two-thirds or so of the l.MWEP should first be burned following the prescribed procedures in this report. Following the bum, the remaining stumps of any Schinus trees that resprout should be treated with Garlon 3A. Burning is expected to kill the majority of this exotic pest tree and remove the bulk of the flamab1e material. This procedure will reduce the cost and increase the efficiency of the exotic removal. Garlon (triclopyr) is a reasonably safe chemical in an environmental sense, since it is quickly degraded by the sun, and has an average soil half-life of 30 days. Garlon has little potential to reach ground water, with minimal potential for surface runoff, since it readily binds with the soil (Dow Form #137-1945-88). To avoid eye irritation, chemical goggles should be worn during the handling or use of Garlon, particularly Garlon 3A, and eyewash facilities should be available in the work area. While precautions should also be taken while using Garlon 4, it is less irritating to the eyes (Dow Form #137-1973-88- B&L). Chemical treatment of Schinus is most effective when it is in a period of active growth, but before peak reproductive activity. A good time to consider includes the end of the wet season, when little Schinus seed remains on the ground, but before the OctoberlNovember peak reproductive season (Ewel, 1978). A 90% mortality was achieved, however, during a JanuarylFebruary treatment by Brice (DSA Group, Inc.) in a Tampa project. If new growth is noted within 6 months, retreatment is necessary. This is sometimes a problem for particularly large Schinus individuals. Seedlings (less than 12 cm high) can be effectively treated with Roundup (Doren et aI., 1990; Brice, 1992). Periodic maintenance for new seedling growth may easily be controlled this way. NOTE: Little heavy equipment may be needed to clear exotic pest plants along the railroad easement. It is advisable, however, to have underground cables located to avoid problems ., I , . . Leon M. Weekes Environmental Preserve Page 46 dming digging and uprooting activities. SPRINT has buried fibre qJtics cable alon~ the railroad easement. ANIMALS DoMESTIC CAT (Felis cotus) - During our study of the site it has been clear that cats are regular visitors. We have never recorded the Scrub endemic lizard Sceloporus woodi on the property. Cats are known predators on this animal and must have eliminated the species prior to 1985. Cats are also known to kill a variety of other anitru\1s. No survey has been made for the endangered Florida mouse (Podomys floridonus) or gopher frog (Rllna aureolata), but the level of cat presence suggests that these natives will be absent Cats should be kept off the property through trapping and removal by the County Animal Control Office. - CUBAN ANOLE (Anolis sagrei ) - This lizard is currently the most abundant reptile on the property. This is unlikely to change in the near future. Since these animals became established in Florida some decades ago, they have continually expanded their range. Some think that they compete with the native green anole (Anolis carolinmsis) to its complete exclusion, but this has been shown to be wrong. At the IMWEP and elsewhere we have seen both species. The actual situation seems to be that the exotic Cuban anole has displaced the native green anole from the ground upwards into arborescent vegetation. The green anole seems to be less abundant because it is mostly above our line of vision. There is no doubt that these inte2'actions have decreased the food available for the native green anole. Similarly, there are no data to show that there is still not enough food for our native. This lack of data may reflect no study instead of a negative effect. Regardless of the actual interactions between the native and exotic anoles, it is unlikely that the Cuban anole can be eliminated. Furthennore, an effective method of controlling its numbers is unknown. The lizard must be tolerated and regarded as an unwanted member of the animal community at this time. Anoles are known to host a parasitic liver fluke (Platynosomumfastosum) which is a fatal disease in cats (J. Rowell, pers. comm., June 1992). Apparently the disease is contacted when the cats eat infected Cuban anoles. Not all lizards are infected, however, or feral (wild) cats and outdoor pets would be more commonly infected. IE. UNFORESEEN EVENTS To date we have been unable to imagine a situation which would severely limit or eliminate the natural values of the property. Events such as fires and hurricanes would shift the ecology of the site from its present condition to another course, but would in no way limit or eliminate the natural values of the site. Indeed, the œly event we can think of which would severely limit or eliminate the natural values of the property is complete and total bulldozing. This situation seems unlikely. , ' · Leon M. Weekes Environmental Preserve Page 47 2. PUBLIC USE 2A. PARKING AND ACCESS All access should be from the entrance at the easement from the end of Curlew Road. Parking and a staging booth (kiosk) should be constructed adjacent to the scrub in this area to prepare visitors to the site. Trails should begin and end at this point, and all other parts of the property should have restricted access. Restriction of access must include construction of fencing along the western perimeter near the rental apartments and the north side. If physical restriction is not provided, the inhabitants of the adjacent homes will continue to use the land for trash, yard clippings, and unauthorized, destructive recreation. In addition, fencing is essential to define the perimeter of the preserve and maintain the fire lane. Since only the northern and western sides of the property will be fenced initiany, we recommend that the eastern and southern sides of the property be marked with "No Trespassing" signs. It may be desirable in the future to fence the property entirely, but this should be dictated by the specific situations that arise due in large part to cost. ACCESSIBILITY GUIDELINES FOR NATURE TRAI L Parking access and number of handicapped parking spaces required is based on the total number of parking spaces. I f the total number of spaces is under 25, I handicapped parking space is requ i red. I f the total is between 26 to 50, 2 spaces are requ ired, and 3 are needed if the total is between 51 and 75. The dimensions of handicapped parking spaces are 12 feet by 18 feet, with a 5 feet wide access aisle adjacent to the parking space. Ground surfaces for the walkway and any ramps must be stable, firm and have a slip resistant finish (Subsection 553.48(4)(d),F.S.). Solid surfaces will therefore be needed for the entrance and full access portion of the trail (see section 111-20). Options for that ground surface are concrete, asphalt and wooden boardwalk. Concrete is alkaline and incompatible with the acid sbil of scrub habitats. For either asphalt or wood, crews would need to be advised and supervised to be cautious of unnecessary excessive clearing in their work area, and gopher tortoise burrows that may be as,close as 10 to 15 feet from the walkway. The recommended width for walkways is 64 inches, BETWEEN handrails or side barriers, to allow two-way wheelchair traffic (A4.2.1, Fed, Regis.) This width would also more comfortably handle the passage of a group of students and an independent walker than the minimum 48 inches. Vertical clearance varies from 80" headroom over , walkways to 108" at passenger loading zones. Guard rails are required on ramps, but is strongly recommended throughout the full access trail for groups of children, the elderly, and to minimize wandering. Guard rail height should be 32 inches above the upper surface of the ramp (Subsection 553.48(6)(g),F.S.) or walkway (optional). Ifa ground level surface such as asphalt is used, and guard rails are not constructed, a curb or side barrier is required. Options include a curb, a post and rope barrier or secured railroad ties. These side barriers will serve as a guide for the blind, safety for wheelchairs, and groups of children (County P&Z office, pees. comm., 1992). " ' Leon M. Weekes Environmental Preserve Page 48 Ramps less than 30 (eet in length may not exceed a slope of I: 12, but a slope of 1: 16 is preferred (A4.8.2, Fed. Regis.) If the ramp is longer than 30 feet, a maximum gradient of 1 :20 is required or a 60 inch level platform at 30 foot intervals. Curb· cuts may be used in lieu of ramps where the maximum rise is 8 inches. Handrails are not required when curb-cuts have flared sides and a 36" by 36" level platform at the top. For more information, refer to the manuals listed below, the City of Del ray Beach Building Department (phone: 243-7222), or the Palm Beach County Planning and Zoning Office (phone: 233-5140). ACCESSIBILITY REQUIREMENTS MANUAL. JAN 1990. Department of Community Affairs. Florida Board of Building Codes and Standards.(Appendix A: Chapter 553, Part V, Florida Statutes. "Accessibility by Handicapped Persons"'). FEDERAL REGISTER. Vol. 56, No.144. July 26, 1991. Department of Justice. 28 CFR Part 36. 2B. COMPATIBLE AND NON-COMPATIBLE USES Uses to be encouraged on the LMWEP site include but are not limited to: education, nature walks, photography, and other forms of passive recreation, Activities that have the potential for disruption of the natural resources on the preserve shall be conducted only with written approval and/or supervision of the City of Delray Beach. Prior approval from both the City of Delray Beach and Palm Beach County are required for scientific research as well as any other type of research, testing or noneducational activity on the preserve. A written description of the timing, duration, extent, scope and reason for the intended use of the information obtained shall be required of any such application, the parties shall give consideration to any impacts of the proposed activity on the primary preservation and educational goals for the property. Uses to be prohibited on the site include but are not limited to: discharge of fireanns, camping, motorized vehicles. skateboards. hunting. disturbing nesting sites or burrows, removal of animals. use of fires and fire works. dumping or disposing of materials, and other activities prohibited by local or state regulations. 2C. LOCATION OF EXHIBITS AND/OR FACILITIES A staging booth (kiosk) should be constructed adjacent to the scrub at the end of Curlew Road to prepare visitors for the site. Restricted exhibits in the booth or on posters near the booth (with protective gabled roofs) should be built. Facilities should be limited to . this staging area and trails. 2D. NATURE TRAILS A single trail with two loops should be constructed with a beginning from the Curlew Road entrance. One of the loops, about one quanertoone half mile in length, should be made a full access trail, in accordance with the American Disabilities Act (refer to section 2A). The full access trail needs either guard/hand rails or side barriers as stated above. An opening in the handrails can be placed on one side of this trail where it accesses the hiking trail. , ' , ' - Leon M. Weekes Environmental Preserve Page 49 The second loop should be longer, a natural grade hiking trail, roughly one mile in length. A width of five feet of walking space is recommended. The best surface for this trail is to leave it in its natural sandy state. Neither mulch nor bark chips should be used. A banier along the sides of the path is necessary to protect wildlife and for general safety (thorny bushes, getting lost). A post and rope barrier or railrœd ties could be used. A proposed set of trails is laid out in Figure 2, in which the full access trail is almost one half mile and the hiking trail is roughly one mile. Care was taken to avoid low populations of endangered plants (ie. avoid the northern half of Parcel F), work around gopher tortoise bwrows, choose a path requiring minimal clearing, and expose the trail to variation within the scrub community. The final trail paths are subject to change based on site conditions affer the bum, but the same criteria should be used. ALL TRAILS should be located no closer than 10-15 feet from any active gopher torotise burrows. Some clearing of trees may be necessary for trail construction. The removal of young immature trees is preferable over older cone-bearing trees. It is mandatory tQ have ª knowleQ¡eable person ~ in plotting the final trail paths to avoid detrimental impact on rare plants and animals on the preserve. 2E. ROUTINE MAINTENANCE OF PROPERTY AND FACILITIES 2E-1. TRASH REMOVAL Trash of many kinds occurs throughout much of the property. The majority of this is concentrated along the margins. Much of the larger material is alœg the western border near the rental apartments. Along the eastern margin the debris tends to be discarded products from the railroad and Dixie highway. Paper, plastic, bottles, used car tires, and other items dominate. Within the Scrub pineland the trash tends to be remains from camps, either from local juveniles or perhaps transient homeless adults. Boards, bottles, an occasional tent, clothing, and wire dominate. There are old remains of illegal spot cultivation of marijuana (Cannabis sativa), but no plants have been found. 2E-2. EXOTIC ANIMAL AND PLANT REMOVAL Probably the most devastating exotic on the site is the domestic house cat (Felis CallIS). Immediate arrangements should be made with Animal Control Department in the county to trap and remove these animals. It is likely that the offending animals are pets of local residents. Even if this cannot be established, an education program with local residents should be initiated to curtail free access of these animals. In many parts of the state house cats are considered the worst problem with native wildlife. Exacerbating this problem is the logarithmically growing number of individual cats in the county. Most of these animals are not restrained and should be trapped and taken to the Animal Control Department 2E-3. FENCING It is necessary from several viewpoints to fence the western and northern boundaries of the parcel. If building becomes probable on the currently empty lot to the south of the lMWEP, then a fence should be established there also. The fence will serve to define the site including the fire lane, and create a banier between residences and the site to prevent illegal trespassing and dumping. Even if prescribed burning of the parcel does not become possible, a fence with a 16 foot fire-lane inside should be established to prevent possible wildfires frOm causing damage to adjacent properties. Several types of fences are possible, including chain-link, concrete post, and post and wire. Post and wire fencing " , I Leon M. Weekes Environmental Preserve Page 50 would be preferable from a Are management viewpoint, but a chain-link would be desirable from a security viewpoint. 2E-4. COMMUNITY INVOLVEMENT In order to facilitate ongoing maintenance of the LMWEP, including the fire lane, it is helpful to have the involvement of the community. Organizations such as the local Homeowner's Association, Boy Scouts, Girl Scouts, and other civic groups can take on tasks such as removal of exotic pest plants, trash, care for the animals, etc. A phone number should be available for concerned citizens to report any infractions seen on the site, e.g. dumping, harming the animals, etc. - '. , · Leon M. Weekes Environmental Preserve Page 5 I 3. PRESCRIBED BURN PROTOCOL In the following protocol, we have provided responses to some of the points listed below. Those aspects that have not been addressed must be resolved by the City/County personnel closer to the time targeted for the prescribed burn. To address these points now would be counterproductive.since the conditions will almost certainly change before a burn is planned. 3A. PROBLEMS WITH BURNING IN AN URBAN AREA 3A-l. FEASIBILITY STUDY The following information is a combination ofa conversation with Norm Masencup, Forest Area Supervisor, Florida Division of Forestry (OOF) during an on site visit to the LMWEP and a telephone conversation with Mike Greenstein, Palm Beach County Forester with the Florida Division of Forestry. This study was based upon house proximity and smoke vectors across the urban area. Mr. Masencup felt that the site could be burned provided that there were no contraindications from the utility companies due to the utility easement at the western boundary of the preserve, the utility poles' proximity to the proposed burn area, and the heavy equipment necessary to clear the fire lane. UTILITIES Of particular concern is buried "Light Net", or fiber optics cable used by telephone and other communications companies. The FEC railroad easement may also contain buried fiber optics cable. Of the cables on the utility poles, the telephone cables may have heat sensitive housing; therefore, Southern Bell needs to be contacted on this matter. As part of a feasibility study, the engineering departments of each of the following utilities were contacted, and asked of the location of any underground lines that would pose a problem with heavy equipment to clear a fire lane. The subject of a possible future burn was discussed with the utilities using aerial lines. Contact names are available upon request. To date, 24 JUN 92, information on the various utilities is as follows: WATER: Water and sewer lines are located under or along Albatross Rd. Two manholes are located just East of Curlew and just North of Albatross, thereby posing no problem. Delray Beach Water Department, 243-7322. GAS: The gas main runs along the east side of Albatross Road, 8 feet East of the right-of-way line. No lines are located in the rear of the property. Florida Public Utilities, 838-1752. ELECTRICITY: Aerial lines and transformers are located at least 20 feet high on the uti1ity poles from Lindell, north to Curlew, then they are underground. This should pose no problem provided that proper precautions are taken and underground cables are located. Florida Power & Light Co., 278-331 \. CABLE TV: Aerial'lines are located above the phone lines on the utility poles at about 18 t020 feet high, north to the townhouse condos just north of Curlew. They go underground just west of the southeast corner pole. If the burn were to start at a fire lane " ' I Leon M. Weekes Environmental Preserve Page 52 (16 ft) away from the utility poles, no problems were anticipated, The cable is heat sensitive, however and they asked to be contacted prior to a burn. George Marcy, Leadership Cable, 272-2521. TELEPHONE: Aerial lines are lowest on the utility pole, at about 18 to 20 high. No problems were anticipated if the burn began IS ft. from the utility poles; however, they asked to be infonned when a burn is planned so that they could be prepared for any possible problems. A diagram of the site and proposed fire lane was sent to: Teresa Korn, Southern Bell, 326 Fern St., West Palm Beach, FL 33401. TELECOMMUNICATIONS: Along the railroad easement are signs warning of buried fibre optics cable by SPRINT. Sprint was not contacted because heavy equipment used in clearing a fire lane should not be necessary on the east side of the preserve. To avoid potential problems it is advisable to contact Sprint and have underground cables marked prior to any digging or uprooting of exotic plants. - PROXIMITY TO HOMES After the fire lane is cleared, the radiant heat from a prescribed burn should not pose a problem to the houses. Prior to the burn, the certified prescribed burn manager and the City of Del ray Beach should review any fencing or other possible combustibles in back yards (paint, fuel in utility sheds, straw archery targets, etc.), and notify individuals and owners accordingly. Planted greenery that could be a good fuel source should also be checked. All homes and businesses within a 1/4 mile radius should be individually contacted and worked with, explaining how it would benefit them. Benefits include keeping the area natural and beautiful, as well as reducing the risk of a wildfire. If a wildfire should occur due to a lightning strike or a careless match, for example, the homes in particular would be in serious trouble. The DOF crews and equipment that fight wildfires are based in Loxahatchee. At 50 mph max, it could easily take 45 minutes to an hour before they reached the preserve in Delray Beach. Control of the wildfire would be up to the local fire departments and their resources. Since the homes are located less than 300 feet from the preserve, the DOF could not conduct the bum. An independent certified prescribed burn manager would be needed. Mike Greenstein, Palm Beach County Forester, has a list of state certified burners. 3A-2. SMOKE AND TIMING FACTORS Smoke is always a major concern. It will not only affect the housing development bordering the preserve, but the ash will be of concern to the automobile dealerships east of . Dixie Hwy and along Federal Hwy. Smoke could affect visibility on major thoroughfares such as Dixie and Federal Highways. A smoke management plan should be part of the burning plan. Management strategies include avoidance, emission reduction, and dispersal. Any or all three may be used to minimize any adverse impacts of smoke. A "backing fire", a fire set to spread into (against) the wind, is best suited for this site. It is the safest and easiest type of prescribed fire to use, provided that the wind speed and direction are steady. It normally results in little scorch .Backing fires produce less smoke and consume dead fuels more completely than other burn methods. While slower and more expensive (it may last most of the day), backing fires produce fewer pollutants and restrict visibility less (Wade, 1989). '. . . Leon M. Weekes Environmental Preserve Page 53 Timing can aid in the planning of smoke dispersal and site impact. Since the coastal currents tend to move inland after the water heats up, it would be best to start a bum at about 9 a.m. (the earliest allowed time for open burning according to Chapter 51-2.006 of Florida's Forest Fire Laws - 1991), before this is prominent By starting a "backing burn" along the west side of the preserve, it will have moved away from the houses before the coastal breezes build up, at around 10 to 10:30 a.m. A light breeze is preferable to cany the smoke straight up. This light easterly wind will help to minimize the smoke and ash east of the preserve, including Federal Highway, and limit the amount of smoke blown into the western residential area. The object is to have just enough unstable air to have the smoke go straight up. A late Mayor early June bum may be best suited for this site. Typically, Mother Nature caused seasonal bums just prior to the start of the summer rain cycle, when the thunderstorms began. The advantage to this is that there is active, green growth on the plants, a higher humidity level, and thus a lower risk of a crown fire. This is at the end of the customary b!ß'D season of November to mid-June. A winter fire tends to be drier, and may result in a greatec devastation and longer plant recovery time. Fire as a management tool reduces ground litter, quickly releases nutrients bound in plant materials, and stimulates new growth in many herbaceous plants that are important food sources for wildlife. In this way summer fires have been shown to be beneficial to gopher tortoises (Cox, et aI., 1987). The prescribed burn manager would determine if it would be necessary to roller-chop the understory to reduce flame height which could result in a crown fire. Stands of saw palmettos under pine trees make a hotter fire. 1beir density is another factor to be addressed by the bum manager, to minimize pine tree loss. In consideration of conducting a single burn, or a two-section bum, it is mandatory that a burn in two sections be administered. By burning the south section first, the oldest portion of the preserve would be revitalized, while preserving a nearby seed source. With regard to the gopher tortoise and other animal populations, a postburn food source would be more readily available while the burned area recovers. While a late spring burn is preferable, these green burns tend to be more smoky than winter bums. Smoke would be reduced by burning smaller sections. In addition, methods for estimating and controlling the amount of smoke generated have been developed, and a recent experimental summer burn conducted in southeast Florida occuned without smoke or fire threat to nearby urbanized areas (Cox, et al., 1987). There is a risk, however, that public opinion may prevent the second burn. This can be minimized by public awareness programs. A postburn analysis and plant recovery during the following several months should drive planning of the second burn. A weekday burn would be preferable to a weekend day bum, since fewer people would be home or outdoors recreating. 1be nearest schools are about one and two miles northwest of the preserve respectively. No hospitals are located in a two mile radius. The site is less than one mile from the Atlantic coast 3A-3. STEPS FOR BURN PREPARATION 1.) Move or remove any sensitive plants or animals in the path of the fire lane or fenceline, as they are likely to be lost to heavy clearing equipment. Gopher tortoise burrows located in the fire lane may be marked so they can be avoided by the heavy equipment and reopened by hand if the bmrow entrance is collapsed. Alternatively the tortoises living in these burrows may be temporarily penned during the clearing of the fire lane. .. , Leon M. Weekes Environmental Preserve Page 54 2.) Clear and define the boundaries of the preserve. The fire lane and fenceline will need to be bulldozed or root raked. Be sure that any underground utilities are located, and that appropriate care is taken in those areas. Where necessary, contact utilities to clear overhead lines. 3.) Erect a fence to define boundaries. 4.) Begin community education programs and sales campaign. In discussing the burn with the local fire department, a brushfire training program could be planned and given for the City of Del ray Beach or Palm Beach County Fire Departments by the Division of Forestry or the County. 5.) To maintain the fire lane, it should be disked about every 6-12 months. While this loosens the soil, it may retard the building of gopher burrows in the path of heavy vehicles and in this way, help to protect them. 3A-4. BURN ALTERNATIVES - If for some reason part or none of the preserve can be burned, the alternative is to mechanically clear some of the understory, including the raking out of pine needle debris, a major source of fuel. Unfortunately, there is little information on the long term effects of mechanical clearing. Labor costs would also be high. 3A-5. COMMUNITY NOTIFICATION AND EDUCATION All residents in the proximity will need to be contacted. Homeowners Associations, Fire Department meetings and the possible use of a video should be arranged. Perhaps the media could get involved with general information on the difference between wildfires and controlled or prescribed burns. There are advantages to an informed public. It may avoid some of the panic that occurred with wildfires in Jupiter in the spring of 1992, and at the same time help people to realize that just because they see smoke does not mean that their house will burn down. A balance must be achieved between an educated local public in support of a prescribed burn, and advertising to the general public that may fuel a complaint syndrome. Personal contacts: Mr. Norm Masencup, Forest Area Supervisor (DOF), phone 793-0110 Mr. Mike Greenstein, Palm Beach County Forester (DO F), phone 355-40 II. 3A-6. LEGAL ASPECTS Permission must be obtained from Palm Beach County Fire Department and the specification for a controlled burn within certain feet, yards, miles of residential, commercial, hospital and school sites must be ascertained. "Needs for a written prescribed burning plan, documentation of deviations from the plan, and good judgement cannot be overemphasized." (Wade, 1989). A list is needed stating any legal requirements that might apply, and what the prescribed burner must do to comply. Ultimately, it is the person who lights the fire who is liable for any damages from the bum. His liability in turn is protected by following all applicable statutes, regulations, and agency procedures that should be followed. The City or County is responsible for any land clearing or plot preparation. '. ' I Leon M. Weekes Environmental Preserve Page 55 3B. PRIORITIZATION OF ENVIRONMENTAL ASPECTS. 3B-I. AGE OF THE FOREST ON THE SITE. To determine the age of the forest on the LMWEP 180 trees were measured in the six 300 foot parcels (cf. Figures 5-11). Independent analysis of the six parcels indicates that there are at least three size-classes of Sand Pines within the LMWEP. These size-classes are noted by the arrows in the diagram (Figure 11). Statistical tests (Figures 5- 7) of the bimodal distributions within parcels show that these size-classes are distinctive even though they apparently overlap on the composite diagram (Figure 11). This complex array of size-classes in the Sand Pines reflects the diverse events that have shaped the current stand of trees. At least three removals of patches of vegetation in the last twenty years has resulted in a few local, old trees remaining. These older trees have provided a seed source for the different size-classes of younger trees. Events older than twenty years are apparently responsible for the other classes of trees. - Cores of trees provided a more sped fie basis for aging the pine woodland by al10wing counts of the annual growth rings on the trunks. Two size classes were cored, the 7-11 inch and the 13·14 inch. The former was found to be 15 years old and the latter 30-33 years old. Assuming a linear relationship with size and age, an estimate of ages of the other size classes may be obtained by regression analysis. This analysis indicates that the smallest sizes are less than 10 years old while the largest size classes are near 65 years. These estimates should be reasonably close to actual ages since they correspond with known historical events on the site, some obtained from eyewitness accounts and others from old aerial photographs. 3B-2. STAGE AT WHICH THE VEGETATION IS TO BE MAINTAINED. To maximize the utility of the site for both plants and animals living in scrub, and for education, it would be ideal to maintain parcels in different stages of maturity. Current data show that the entire parcel has not been burned for at least 50 years. Although there has been no single burn in the LMWEP, other disturbances have resulted in a mosaic of stages of vegetation maturity. The northern parts of the Sand Pine woodland shows in its structural layering that it represents maturing Scrub (Parcels D, E & F). In maturing scrub there are two layers, a canopy of pines, and a shrub layer of oaks and palmettos. The trunks of the pines stand well above the shrub layer, providing a park·like vista through the trees. The southern end of the site (Parcels A, B & C) has actually reach a later stage. In these parcels the canopy is interspaced with gaps where trees have fallen and the oaks are . not confined to a single layer. This is mature Scrub. Numerous places in the LMWEP support Oak-Palmetto Scrub where the pine canopy is absent. These are in different stages of maturity depending on their recent past histories. Three parts of Parcels C and 0 have been mined for sand and support tall Oak-Palmetto Scrub with scattered seedling Sand Pines. The eastern part of Parcel F supports a younger stage of this type vegetation with fewer to no seedling pines. The latter site reflects a more recent disturbance. Two roads crossed the site in the 1940s. One of these was an extension of what is now Curlew Road. The other was in the southern part of the tract. . ' . Leon M. Weekes Environmental Preserve Page 56 Only the youngest of the vegetation stands on the LMWEP now supports a large variety of healthy, reproducing endangered plants and gopher tortoises. In all other stands the endangered plants are not reproducing and the gopher tortoises are forced to forage outside the places where they live. The animals are largely foraging outside the Preserve in grassy places near the FEC railroad and in adjacent lawns. To maximize the utility of the LMWEP for endangered plants and animals, there should remain a mosaic of vegetation ages. This may only be accomplished by burning part of the property. Ideally, the southern half to two-thirds should be burned at this time. 3B-3. ENDANGERED SPECIES PRIORITIZATION AND POTENTIAL CONFLICT. Gopher tortoises and the sun· loving perennial endangered plants will be given priority. Management for gòpher tortoises will also be the correct procedure for the majority of the endangered plants. Thus, there are no conflicting species of cóncern. 3B-4. SAND PINE RE-SEEDING, IS IT AN OBJECTIVE? Sand Pine re-seeding must be an objective since there is no other parcel nearby to serve as a seed source. Because the trees must re-seed into the managed sites, care must be taken that not all bum at once and that those burning do not become so hot that all of the seeds are killed. There is a long·term concern even with the re-seeding of the parcel from existing trees, and this is genetic homogeneity. Historically there were adjacent areas of Sand Pine Scrub which would serve as a seed source for new trees. Since these augmented the gene pool of the trees, the plants were at less risk of virulent disease. Now the gene pool is so restricted that the possibility exists for one disease to reduce or even eliminate the pines. At present this long-term concern should not be a major consideration. Presumably there is enough native genetic diversity within the stand to prevent total collapse of the species. The only seed source of Sand Pines at the moment is from the Ocala region, and this genome should not be mixed into local peninsular plants. The Ocala genome is not adapted for the coastal peninsula conditions, and may prove to be more deleterious than helpful. 3B-5. EFFECTS OF FIRE ON ANIMAL POPULATIONS AND WILDLIFE UTILIZATION. In fire communities prescribed burning has been found beneficial to both plants and animals. Investigators have reported direct, immediate stimulation of plant growth due to . fire which results in greater forage yield, i.e., vegetation suitable for food. Soils are warmer on burned areas and spring growth starts earlier. On burned areas, soil fertility is usually increased. Plant vigor is promoted by removal of old shoots and foliage, and in many situations, burning of the mulch favors plant growth (Yoakum et al. 1980). In addition to measurable increase in forage yield, greater forage availability was reported where unpalatable plants became palatable after burning, where physical barriers to utilization were burned, or where large plants where reduced in size by burning. Most prescribed fires lead to an increase in protein content and palatability of resprouting plants (Yoakum et al. 1980). Fire as a management tool on gopher tortoise habitat is much more beneficial than other techniques because it reduces the amount of ground litter {thus reducing the chances , , Leon M. Weekes Environmental Preselve Page 57 ofa catastrophic wild fire), quickly releasing nutrients bound in plant materials, and does not disturb soil conditions and wildlife to the same extent that other management techniques may (Cox et a1. 1987). In addition to maintaining an open vegetation structure, burning stimulates new growth in many herbaceous plants that are important foods for gopher tortoises (Cox et a1. 1987). Auffenburg and Franz (1982) found fires are particularly important in modifying the deep-shaded sand pine-scl1Jb oak phase, which is much of what is on the preserve. Moreover, our data indicate that there should be a late spring/summer bum (O'Meara et al. 1987). Florida's Sand Pine Scrub habitats are adapted to and maintained by fire. Prescribed burning may seem unfeasible on areas surrounded by urban development because of the threat of excessive smoke and uncontrolled wildfire. Methods for estimating and controlling the amount of smoke generated have been developed, however, and a recent experimental summer burn conducted in southeast Florida occurred without smoke or fire threat to nearby urbanized areas (Cox et at. 1987; Doren et al. 1987). - 38-6. GEOGRAPHICAL STATUS OF THE ECOSYSTEM IN THE REGION. Is the parcel an island or a continuous system of scrub? I f multiple parcels, who are the owners and how many are there? The LMWEP is clearly a single island in a series of small parcels of Scrub that once existed as a continuous habitat in this region (Iverson and Austin, 1988). Figure II shows the physical location of the LMWEP. At this time the parcel is one of several stepping stone islands of Scrub vegetation in southeastern Palm Beach County. However, in the near future, it may become more isolated and distant from its nearest neighbor. At present the nearest parcel of Scrub is about 1375 feet to the south across the canal in Boca Raton. Almost 500 feet south of that parcel is another Scrub that continues south for about 2000 feet. A third parcel, Eco Site 21 is the Yamato Scrub which is 4250 feet southwest of the LMWEP. These and a few others are the islands of Scrub remaining nearest the preserve. These nearby parcels were collectively designated as EcoSite 22 by Iverson and Austin (1988). Ownerships subdivide them into the following: CALDWELL SCRUB - owner: Joya Baker, Charleston, S.c. (Lots 15 and 16); Marcia Cusumano, Boca Raton, FL (Lots 17,18, and 19). Both are currently listed for sale by Lois Krebs, Lois Krebs Reality, Boca Raton. The area is zoned single family, residential, R-I 0, and the realtor freely disclosed that since this is environmentally sensitive land 25% would need to be reserved. UNNAMED SCRUB - owner: Raymond E. Bourdon Associates, Inc. 20 Lillico Dr., Ottowa, Ontario, Canada K I V065. This 8.8 acre site is currently zoned residential, PUD approved for 65 units and is listed for sale by Henry N. Wong, ReMAX Realty. BOCA TEECA SCRUB - owner: Boca Teeca Development, Boca Raton PuGUESE SCRUB - The Pugliese Company, Crystal Coroporate Center, 2500 Military Trail, Suite 200, Boca Raton, FL 33431. '. ' . . Leon M. Weekes Environmental Preserve Page 58 3C. REQUIREMENTS WITH REGARD TO FIRE CONTROL. EsT ABUSHMENT OF A FIRE LANE. There is a requirement to surround the site with a 16-foot fire lane. This lane must be sand on three sides (west, south and east) and grass (north), but should not be either mulch nor shrubs. Maintenance should be by periodic disking as needed. There must be entrances from both east and west sides of the property (cf. III-3A-l, 3A-3 [#2 & #5], and #1 below). HAzARDous FUELS. All hazardous fuels (plant materials and others) in close proximity to or in the private residences should be dealt with (cf. ID-3A-l, "Proximity to Homes"). FENCING. A fence will serve the purposes of defining the site and creating a barrier between residences and the site to prevent dumping and other illegal access (cf. ID-2A). CONSlDERA nON OF EASEMENTS BETWEEN TIIE LMWEP AND HOUSES. NOTE: Additional information is to be supplied by the City of Delray Beach or Palm Beach County. 1. Consideration should be made regarding the location of the 16 foot fire lane (within the preserve or partly on a shared drainage easement). Since heat sensitive housing is present on both telephone and TV cable aerial lines located on the utility poles, it is strongly recommended that the fire lane begin at the utility poles and moves east into the preserve. 2. Will the 45 foot grassy zone between the LMWEP and the FEe Railroad serve as the easement, shared or uniquely owned by FEe? Additional information is to be supplied by the City of Delray Beach or Palm Beach County. 3. Can the eastern entrance be for emergency use only over the FEe Rai1road? Additional infonnation is to be supplied by the City of Delray Beach or Palm Beach County. 4. Consideration should be made regarding those gopher tortoises whose burrows are l~ted in the fire lane: should they be temporarily removed from their burrows to avoid damàge from heavy equipment or should the burrows be marked to be avoided by heavy equipment and reopened manually if the entrances are collapsed? CRITICAL URBAN AREAS REGARDING SMOKE DISPERSION. A topographic quadrangle must be studied to determine critical urban areas of concern regarding smoke dispersion for both a 2-mile and a 20-mile radius. '. ' · Leon M. Weekes Environmental Preserve Page 59 3D. WEATHER CONSIDERATIONS. NOTE: These factors are determined with and primarily by the certified prescribed burner. WIND INDICES FACTORS. Bums must be planned with wind indices factors. NATIONAL WEATHER BUREAU CURRENT PRINTOUT. Bums must be planned with a current printout from the National Weather Bureau for the site (Zone 20). This can be accessed from Jonathan Dickinson State Park. DETERMINATION OF IDEAL WEATHER CONDITIONS FOR BURNING. To make this detennination humidity, drought and wind conditions will dictate how many days during the year it is possible to bum. The wind conditions are a factor of primary importance, and these depend on sea breezes in part. - COMPUTER SIMULATION. Indices (located at Jonathan Dickinson State Park) and computer programs (BEHAVE and RX Windows) may be used to determine various aspects of weather condition"s and the impact of the prescribed fire and smoke management. BURN CALCULATIONS. Fuel sticks may be planted to measure how fast small items bum, based upon ignition and spread component indices. " ' , Leon M. Weekes Environmental Preserve 60 LITERA TURE CITED ALEXANDER, T. R. AND A. G. CROOK. !974a. Recent and Long-term vegetational changes and patterns in South Florida. (EVER-N-5!). South Florida Ecological Study, Appendix G. 4 vol. ALEXANDER, T. R. AND A. G. CROok. !974b. Recent vegetation changes in southern Florida. In: PJ. Gleason, ed. Environments of South Florida: Present and Past. Mem. Miami Geol. Surv. 2: 61-72. AUFFENBERG, W. AND R. FRANZ. 1982. The status and distribution of the gopher tortoise (Gopherus Dolvohemus). Pp 95-125. In: R.B. Bury (ed.), North American Tortoises: Conservation and Ecology. Wild!. Res. Rep. 12, U.S. Dept. Interior, Washington, D.C. AUSTIN, D. F. , K. COLEMAN-MAROIS AND D. R. RICHARDSON. 1978. Vegetation of southeastern Florida-·III. Yamato Scrub. Florida Scientist 48(4'): 338·345. AUSTIN, D. F. 1978. Exotic plants and their effects in southeastern Florida. Environm. Conserv. 5(1): 2'5-34, AUSTIN, D. F. AND K. COLEMAN-MAROIS. 1978. Vegetation of Southeastern FLorida-II. Boca Raton Hammock Site. Florida Scientist 40:331-338. AUSTIN, D. F., C. E. NAUMAN AND B. E. TATJE. 1979. Endangered and Threatened Plant Species Survey of Southern Florida and the Key Deer and Great White Heron National Wildlife Refuges. Report to the Office of Endangered Species, Fish and Wildlife Service, Atlanta, Ga. AUSTIN, D. F., F. R. POSIN AND J. N. BURCH. 1987. Scrub species patterns On the Atlantic Coastal Ridge, Florida. Jour. Coastal Research 3(4):491-498, AUSTIN, D. F., P. KRAUSS, J. JONES, B. E. TATJE AND C. E. NAUMAN. 1980. Endangered and Threatened Plant Species SUlVey in Southern Florida, Report to the Office of Endangered Species, Fish and Wildlife Service, Atlanta, Ga. COX, J., D. INKLEY AND R. KAUTZ. 1987. Ecology and habitat protection needs of gopher tortoise (GoDherus polvohemus) populations found on lands slated for large- scale development in Florida. Florida Game and Fresh Water Fish Comm, Nongame WildI. Prog. Tech. Rep. No.4. Tallahassee.. CRAIGHEAD, F. C. 1971. The Trees of South Florida. Vol. I. Univ. Miami Press, Coral Gables. DAVIS, J. H. Jr. 1943. The natural features of South Florida. Fla. State GeoL Surv. Bull. 25. DEBRAHM, W. G. 1773. DeBrahm's Report of the General Survey in the Southern District of North America. DeVorsey, L. Jr., editor. Univ. S, Carolina Press, Tricentennial Edition, No.3. 1971. DIEMER, J.E. 1986. The ecology and management of the gopher tortoise in southeastern United States. Herpetologica 42: 125-133. ,. I Leon M. Weekes Environmental Preserve 61 DOREN, R.F., D.R. RICHARDSON, AND R.E. ROBERTS. 1987. Prescribed burning of the sand pine scrub community: Yamato Scrub, a test case. Florida Sci. 50(3): 184-192. DOREN, R.F., L.D. WHITEAKER, A.M. LAROSA. 1991. Evaluation of fire as a management tool for controlling Schinus terebinthifolius as secondary successional growth on abandoned agricultural land. Environmental Management 15(1): 121-129. DoREN, R.F., L.D. WHITEAKER. 1990. Comparison of economic feasibility of chemical control strategies on differing age and density classes ofSchinus terebinthifolius. Natural Areas Journal I O( I): 28·34. DoREN, R.F., L.D. WHITEAKER. 1990. Effects of fire on different size individuals ofSchinus terebinthifolius. Natural Areas Journal 10(3): 107·113. Dow CHEMICAL CO. THE ENVIRONMENTAL PROPERTIES OF TRICLOPYR. Form No. 137-1945-88. - Dow CHEMICAL CO. TRICLOPYR: TECHNICAL INFORMATION GUIDE. Form No. 137·1973-88-B&L. DUNEVITZ, V. AND J. EWEL. 1981. AlIelopathy of wax myrtle (Myrica cerifera) and Schinus terebinthifolius. Fla. Scientist 44( I): 13-40. EwEL, J. "Ecology ofSchinus". 1978. SCHINUS: TECHNICAL PROCEEDINGS OF TECHNIQUES FOR CONTROL OF SCHINUS IN SOUTH FLORIDA: A WORKSHOP FOR NATURAL AREA MANAGERS. The Sanibel-Captiva Conservation Foundation, Inc. Florida's Forest Fire Laws and Open BurninJ;l; Re~lations, Florida Dept. of Agriculture and Consumer Services. May 1991. F91 G5. GIVENS, K. T., J. N. LAYNE, W.G. ABRAHAMSON AND S.c. WHITE-SCHULER. 1984. Structural changes and successional relationships of five Florida Lake Wales Ridge plant communities. Bull. Torrey Bot. Club III: 8-18. GURNEY, W. F. 1971. The effects of the Melaleuca on some of the native vegetation of South Florida. Class report, Florida Atlantic University, Boca Raton; 10 pp. (manuscript). HARPER, R. M. 1927. Natural resources of southern Florida. Ann. Rept. Fla. GeoI. Surv. 18: 27-192. HARSHBERGER, J. W. 1914. The vegetation of South Florida. Trans. Wagner Free , Inst. Sci. Philad. 3: 51-189. . HOFSTEITER, R. H. 1974a. The ecological role of fire in southern Florida. Florida Naturalist 47: 2·9. April. HOFSTElTER, R. H. 1974b. The effect of fire on the pineland and sawgrass communities of south em Florida. In: Gleason, P.A., editor. Environments of South Florida: Present and Past. Mem. Miami Geo\. Soc. 2: 201-212. HOFSTEITER, R. H., D. WADE and J. EWEL. 1980. Fire in South Florida Ecosystems. U.S. Dept. Agric. Forest Servo Tech. Rept. SE-I7. ,. I Leon M. Weekes Environmental Preserve 62 IVERSON, G. B. AND D. F, AUSTIN. 1988. Inventory of Native Ecosystems in Palm Beach County, Phase III Report, Location and Evaluation of Sites for Possible Preservation as Wilderness Island Park Preserves. ßoca Raton: Florida Atlantic University, Pp. 51 +XIII tables, and 6 figures. IVES, J. C. 1856. Memoirs to accompany a military map of the peninsula of Florida south of Tampa Bay. War Department, New York. JAMES, C. W. 196 J. Endemism in Florida. Brittonia 13: 225·244. JOHNSON, A. F. 1982. Some demographic characteristics of the Florida rosemary, Ceratiola ericoides Michx. Amer. Mid\. Nat. 108: 170-174. JOHNSON, J. AND I. bLMSTED. 1982. A bibliography ofSchinus, Melaleucaand Casuarina Exotic genera in South Florida. South Florida Research Center, Report T-682. KURZ, H. 1942. Florida dunes and scrub, vegetation and geology. Bull, Fla. Geol. Surv. 23: 1·154. lAMPE, K. F. ANDM. A. MCCANN. 1985. AMA Handbook of Poisonous and Injurious Plants. American Medical Association, Chicago. LoNG, R. W. 1974a. The vegetation of southern Florida. Fla. Scientist 37: 33-45. LoNG, R. W. 1974b. Origin of the vascular flora of southern Florida. In: Gleason, P.J., editor. Environments of South Florida: Present and Past. Mem Miami Geo\. Surv. 2: 28-36. LoNG, R. W. AND O. LAKELA. 1971. A Flora of Tropical Florida. Univ. Miami Press, Coral Gables. Reprinted with a few changes by Banyan Press, Miami, 1976. LUNSFORD, J. D. n.d. Fire Management, Southern Region USDA Forest Service. MAZZOTII, F. J., W. OSTRENKO AND A. T. SMITH. 1981. Effects of the exotic plants Melaleuca auinauenervia and Casuarina eauisetifolia on small mammal populations in the eastern Florida Everglades. Fla. Scientist 44(2): 65-71. MENGES, E. S. 1989. A monitoring plan for rare plant species at Tiger Creek Nature Preserve, Florida. Report to the Florida Chapter, The Nature Conservancy. MUELLER, 1. W., E. D. HARDIN, D. R. JACKSON, S. E. GATEWOOD AND N. CAIRE. 1989. Summary Report on the Vascular Plants, Animals and Plant Communities . Endemic to Florida. Florida Game and Fresh Water Fish Commission, Nongame Wildlife Program Technical Report No.7, Tallahassee. O'MEARA, T.E. AND MJ. ASSOlT. 1987. Gopher tortoise response to summer burning in longleafpine/turkey oak sandhi lis. Annual Performance Report. Florida Game and Fresh Water Fish Comm. Tallahassee. PALM BEACH COUNTY. 1988. Interlocal Agreement Between City of Delray Beach, Florida, and Palm Beach County for Acquisition and Management of Delray Beach Scrub Property. Document executed and signed on 4 Oct. " ' , Leon M. Weekes Environmental Preserve 63 PERKINS, K. D. AND W. W. PAYNE, 1978. Guide to the Poisonous and Irritant Plants of Florida. Florida Cooperative Extension Service, IFAS, University of Florida Circular 441, Gainesville. PIEROVICH, 1. 1977. Facing up to smoke management. Southern Lumberman 1:8-9. RICHARDSON, D. R., 1. J, STOUT, R. E. ROBERTS, D. F. AUSTIN ANDT. R. ALEXANDER. 1986. Design and Management Recommendations for a Sand Pine Scrub Preserve: The Yamato Scrub. The Adler Group, Inc., report submitted July 1986. ROBERTS, R. 1989. Jonathan Dickinson State Park Prescribed Bum Plan. DOF Landowner 13535, Bum Unit B-22, Acreage 86.8, park document. WADE, D. D. 19?? A Guide for Prescribed Fire in Southern Forests, Southeastern Forest Experiment Station. WARD, D. B. 1990. How many plant species are native to Florida. The Palmetto 1989/1990: 3-5. WAlTS, W. A. 197 I. Postglacial and interglacial vegetational history of southern Georgia and central Florida. Ecology 52: 676-690. . WAlTS, W. A. 1975. A late Quaternary record of vegetation from Lake Annie, southcentral Florida. Geology 3: 344·346. WAlTS, W. A. 1980. The late Quaternary vegetation history of the southeastern United States. Ann. Rev. Eco1. Syst. II: 387-409. WOOD, D. A. 1991. Offìcial Lists of Endangered and Potentially Endangered Fauna and Flora in Florida. Game and Fresh Water Fish Commission, Tallahassee. YOAKUM, J., W.P. DASMANN. H.R. SANDERSON, C.M. NIXON, AND H.S. CRAWFORD. 1980. Habitat improvement techniques. Pp 329-404. In S.D. Schemnits (ed.), Wildlife management techniques manual. Washington, D.C. " ' I I Leo n M. Weekes I ! ¡ Enyjronmental Preserve - ~ CAlf OPT Said Ph. ~ OPI" CI"OPY Sar' ia. a: Oa Palm.tto SHIV' at PaJrullo IfOTJC I~I ,pper fee a: JJI., I Scale 1 ",= 250' , 47 ¡ Fig u r e 1 I Vegetation Map I June 1 992 ¡ 'l,rI4. Itl..tl. '.I,.r.lt, I ..,.rt.,.t ,f C.,.,a," ), CIS/I..,t. S...fa. ¡".,at"y L - _ _ ___m ___ I '. , , Leo n M. Wee k e s Environmenlal Preserve - [lJ] F u I I Ace e s s [lQ] H i kin g Scale 1 "= 2 5 0 I .+ Fig u r e 2 T r a i I s Map J u n e 1 992 rlorida Alla.lie UI¡,er.¡lJ De,arl.elt .f Ce.,ta'.J CIS/le.ole Se..i., La..r.t.rJ .. I ¡ , Leo n M. Wee k e s Environmental Preserve - EXHIBIT BOOTH , , , ;2 .. t, r I.' fltruu \\\\\\\ - - . - - . - - oC Fig u r e 3 Facilities Map J un e 1 992 '1.,1.. &tl..tie 1.lyer.lt, ..,.,t...t ., c..".,., CIS/I...t. S...i., L.~.,.t." '. ' Leo n M. Wee k e s Environmental Preserve C.,I.. .tr..e. - · · · - - · .. - c Scale 1 " = 250 ' '$ Fig u r e 4 Locator Map J u n e 1 992 Florida Atlantic University Department of GeoCraplly G'JSjRemote Sensing Laboratory " ' · Histogram of A: P. CLAUSA 7 6 5 § ~ Fig. 5 0 03 2 1 - 0 ~ 6 8 10 12 14 16 18 20 Size classes--diameter in inches Chi Squared test = Bimoda1 distribution DF: Mean X - Y: Pai red t value: Prob. (2·tail): 15 ·4.3 -9.2 0.0001 Histogram of B: P. CLAUSA 5 4 r-- 3 - r-- r-- § Fig. 6 o 2 - -- 0 1 r-- - ~ -- -- 0 5 6 7 8 9 10 11 12 13 14 15 Size classes--diameter in inches Chi Squared test = Bimodal distribution DF: Mean X - Y: Paired t value: Prob. (2-tail): 25 -4.2 -15.9 0.0001 " ' I Histogram orc: P. CLAUSA 3 2 § Fig. 7 0 0 I 8 10 12 14 16 18 20 22 - Size classes Chi Squared test = Bimodal distribution DF: Mean X - Y: Paired t value: Prob. (2-tail): 12 -6.5 -18.6 0.0001 Histogram ofD: P. CLAUSA 7 § Fig. 8 0 0 4 6 8 10 12 14 16 18 Size classes Normal distribution .. I . , Histogram of E: P. CLAUSA 6 5 - 4 - § 3 - Fig. 9 0 u 2 - 1-- - - 1 - - ----.-- - 0 3 4 5 6 7 Ô 9 10 11 12 13 Size classes Negat ively sHght ly skewed distribution of -0.3 Histogram of F: P. CLAUSA 10 9 8 7 6 ~ 5 Fig. 10 0 0 4 3 2 1 0 2 4 6 8 10 12 14 16 18 Size classes Positively skewed distribution of 1.4 ,. I Fig. 11 Size class distribution of Sand Pines (Pinus clausa) 16 2 16 , 3 14 , ~ ~ 12 I ~ 10 , .... ~ 6 .- ..... 0 1-4 6 "' 4) , ~ 4 - Z ... 2 1rITl- 0 2 4 6 Ô 10 12 I~ 16 If, 20 ,-) .._, -- Size classes-inches in diameter There are a minimum of three size classes of Sand Pines on the site. These fall into the following categories: 1=5-6 inches; 2=7-11 inches, and 3=13-14 inches. Since there are numerous individuals larger than this, it is likely that these also represent other age trees (4). Pertinent statistics on tree diameters in the oarcels NAME Parcel A Parcel B Parcel C Parcel D Parcel E Parcel F Minimum 6 7 7 4 4 3 Maximum 18 14 18 17 14 17 SD 3 3 4 3 2 3 Mean II ]2 12 II 9 7 Mode 13 J3 9 8 10 6 Number 26 JO 13 43 18 71 ,. , ~'''4 \ ~,,~~ i 1.-n¡ AYE N ~ (?' - f ¥ lNCE :fl' i - M'tPOlUlro lID r Leo n M. Wee k e s i I Environmental Preserve - eoYNTON tIEA04 a.vc I I I i . c Z. III Geographic S tat u s ! o f the Ecosystem 1 n Region I u .. ~ ~ Sf.. '$ Fig u r e 1 2 J un e 1 992 . , , j .. - . . , I. ~'J J ~ee~e~ _ -.,r: J \;eol\ \i\. '. _. - ~"'WIIWf_ I t~v\rotl.me\\\a\ ?reserve - ...... j .. ~* -. J ... , . .... I - "'tf I ¡.... '. --I - -] . I ~ . r~~ ..,.. ...... ~ -,.... .. . ---- ~ ..- . .- , ..-- - - - ~o\19hem\lS --- G09ner\lS -- - - 1a~1a\~t ---- .---- Ga~t\t~ L--- - L 1c ~C\.\ve - ...,. ... ,.. \1\ac\.\~e ~ . .. .a\ò. "J{ ..- - -- - . .,. 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I : i i , I . . . ..... .... . . \1\. 'Nee~e~ .- tt\V\TOtltt\tt\\.&.\ \1TtServt . - . . · .. I-" . .. 1 -- - · -- -..' - - ..-- ... - - I ~- -- -j -¡ trandi\\Ora -- · . COurad\t\a . I "W. .- .. . I SC~\)\\ \\\~~ i -. _J '.. . ---- - -. -1 -- '- ... -y - -, 1 - -... . .. ..... -j ,- ~ -I - - 1 . .-- -1 - .-. 1 ..... . -1 ~ ... l - I-" -, Stale \ " ~ 1.00' I .+ -, ~ l-- - - -- ,- \ô - y\~\lre .- j ..... I 1 I \99~ -I 1\lUe 1 ~ '\'T\~t ~\\t.\\t u,i,.r,\\1 - ~J -, ""r\."\ 01 ~.o,Tt'~' .- 1 / \ $."i" LI\Ort\or1 1 \',\ S io.' 0 -J I . ! , J I - I r. ....' .- \1. ~ee¥.e~ .- tnV\TOnU\tn\.a\ \>TeSer'le ....- - I--- - ~ ..... -- .- - .--- 1 - \\e\\an\ùetnUID nash\\ J - ~ - y\t()S~1tt1) I 1 ,- J -, . l 1 -- 1 - - ~ea\e \"~ 200' - ~ I-- 1 ~- - \1 ...- y\~ure - J - I - I --- ~ lune \99~ - f\ot'.' ~\\,t\'C Utl,.tl\\' .-- - l ",.t\.,t\ ,t ,.o,r"~' ¡...-- , , ".\Or ,\On -1 G\'/".'\' ,.t1\t · M. Wee k e s Environmental Preserve - -Lechea cernua NODDING PINWEED *Lechea d i V a r ì cat a PIN E PINWEED Scale 11/= 200 I '$ Fig u r e 1 8 J un e 1 992 PI.rida illaalic Daif.,.ilJ Deparl.eal ., Ge"r.p~J GIS/le..le Sea.ial £.~.,.t.rJ .. I . . M. Weekes Environmental Preserve . - . . Opuntia compressa PRICKLY PEAR Scale 1 " = 200 I '$ Fig u r e 1 9 J u n e 1 9 9 2 rl,rida !llallic VI¡'.rlil, . D.parl.eal ., te'.rap~1 tIS/I..'le Sell ii, La~'ral'r, '. ' . M. Wee k e s .. Environmental Preserve . - P a I a fox j a feayi PALAFOXIA . Scale 1 " = 200 I -$ , Fig u r e 2 0 J u n e 1 992 'I.,i~. ill.alic Oai"',il, J".,tm,.t .f """'" CIS/I,..l, S,a.ia, £...,.l." . M. Wee k e s Environmental Preserve - Per sea humilis S ILK BAY Scale 1 II = 200 ' , -$ Fig u r e 2 1 J u n e 1 992 rl.ri41 itllltic 'Ii"rlit, De,.rt.elt 01 G'Olr.,., GIS/I..ot. S'llil' £Ib.rltor, " . . I - . - teoD. \1. ~ee\es - tuViTOuœ.eu\8.\ 'Preserve ..- .- a - - - - ~ . - - . .-..... . - ..... S a. ù" &. \ e\On.\a. ...... . -~ - .....- .. SCv.\1~ ,~ ~ \. \\ t 11 \) ---- . . - . .. . - - a -- ..... -- - St8.\e \"-:::. 2GQ' .- ~ ~ - t- y\¡Ute 22 ----- .. - ,.. . .-- ". . . ...- ...-- 1une \992 .... - y\t,\¡t L\\"\\' ,,\1.,,\\1 ~ ...- .... - ,.,t"."\ .t ~..,ft,\1 ---= '.... ~."...... ....... ......'.., .... J ...- . I ~I . ... l . ...1 ~ _ Leofi ~. 1ee~es - . ~ _ tU1iTOUIDtUlal ~T.StT1. - ¡ -, ~ I I ...- . ~ - - - . ~ .~ . . ' ~ _. . 1 I \ \ a II d s I a '0 a \ '0 \ S \ a II a ~ _ RtC~R~t~ 1\1~V\~t ~ ... _ .n\\alldSI,laSCICl1\a\a ~ C~R~\~~1 1\1~V\~t ~ .. -fr11\\alldSla l1\TICU\a\a _ G\~~1 1\1~V\~t 1- ...... Î l ~ 1 i scat. t'· 200' \.--"1 $ J _ 1 · 1 ~J _ î I 'It 11ft 'I.~ ___ -I I .- 1 '.. -, _ l 111l1e \99'1. '"?' I : .,.,\.. ",..". t.'··'·'" ,.,ar\."\ " ""r,,\1 . - I I ."It"·'· ....... ..,,,.,'" J I I '#~~" t"- ::.;.~ -,.1' ......... : '. '. ~-.,._. . ,.^. .^~~ .,..,-1¥.., __ 'II; - -"',," .--t~ ., . .. ........-.... ...... ',~~ '~ ~.. ? " . ,. . ¡ " A'''__ . . . . . , . . . . . . . I 'Iii. i ,-y, , ". , .'.. ",.. ' ~ " -. .¡-~ - 1// 1 ' ~ " \' . '. fy I . ì ! f J f . ~ f ; . ':ø< ~,~ , - , ø,'v ~,;"'> ø- ~ #~ "*",,.~ ...., /.,. Q - "' - '. Jr . ! ~ .. 1 'L- -, ... _~., "",N . ,,,,,.,.~~ d- . -$i- . w . . . , I -.. '"':? I I . . , , . , I , . , , w MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER trl SUBJECT: AGENDA ITEM # 1JJ.s ..y. - MEETING OF JANUARY 5, 1993 PROPOSED AGREEMENT FROM BOYS AND GIRLS CLUB OF PALM BEACH COUNTY/BILLBOARDS ALONG THE I-95 CORRIDOR DATE: DECEMBER 31, 1992 We have received a request from the Boys and Girls Club of Palm Beach County, Inc., proposing to enter into an agreement with the City of Delray Beach to provide for the erection of six (6 ) billboards along the 1-95 corridor as a means of generating revenue for the Delray Beach facility. The current sign code prohibits "off-premises" signs. Most of the existing billboards are either non-conforming or fall under the protection of the Highway Beautification Act of 1965. My recommendation is for denial in that approval would be contrary to the City's long established policy to not allow billboards or larger signs of any type along I-95. Commission direction is requested. ,. · , , , Agenda Item No.: '~GENDA REQUES~ Date: 12/29/92 Request to be placed on:' Regular Agenda Special Agenda X Workshop Agenda When: 1/5/93 Description of agenda item (who, what, where, how much): Pr1)osed A~reempnt from thp Roys 8nn (:;irls e:ll1h of PRe: . Erect n hil1ho8rns 810ne T-QS ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommenda t ion: Commission Action Department Head Siqnaturel ~;~ -</<7 - ( Determination of Consistency with Comprehensive Plan: , City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: , )" \\ ~) -i\.- City Manager Review: t)..71 t..,"4~~'.~ t'"'- Jk.' 1J~.~ ~ L~..· .X,. , ( . \ì ,. ~-----r-- r -~ -¡rL ( . r ,..... ¿,vt.~ \,z. úM'\,:{,' ,Ú;.Þ Approved. for agenda: ~/ NO~... .-fl. .... '0 -í) C'.... AL-v",,;~ ~. ",.0 Ý. Hold Unt 11: ~ . ~4-'&~~\ /,'V. rf -;t¡J I"'-~' Co ,~ ~ ~,,=~ G~ ,~ '~'7- cf ¿iv~ :rW9- Agenda Coordinator Review: ¡j ¿,'~';Z PI j! C1 0' I' Received: . Action: Approved/Disapproved I MEMORANDUM , TO: DAVID HARDEN, CITY MANAGER FROM: LULA C. BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~ RE: PROPOSED AGREEMENT FROM THE BOYS & GIRLS CLUB OF PALM BEACH COUNTY TO ERECT 6 BILLBOARDS ALONG THE I-95 CORRIDOR DATE: DECEMBER 29, 1992 ITEM BEFORE THE BOARD: - - A discussion and consideration of the proposed agreement as submi tted from the Board of Directors of the Boys & Girls Club of Palm Beach County, Inc. , providing for the erection of six (6) billboards along the I-95 corridor as a means of generating revenue for the Delray Beach facility. BACKGROUND: The Boys & Girls Club has elected to establish a unit in Delray Beach to be known as the South County Unit of the Boys & Girls Club. The annual operating budget is estimated at $300,000. Much of their monies are generated from private donations received from individuals and corporations, which are at an all time low during these recessionary years. Therefore, the Board of Directors have considered other creative means of generating the revenues to operate their facilities. The Board is proposing an agreement with the City of Delray Beach, similar to one executed wi th the Ci ty of Hollywood, FL for the installation of billboards along the I-95 corridor where the land lease payments from each billboard are allocated to the Delray Beach unit. The Board estimates that the installation of five (5) billboards would generate approximately $85,000 annually for their operating budget. The locations identified are properties owned by the Department of Transportation (DOT) not the City of Delray Beach. The Board's ability to successfully enter into the proposed agreement wi th the Ci ty will be subj ect to the approval from DOT for all necessary permitting. Additionally, the Commission would need to consider a policy decision to amend the sign code to provide for permitting off-premise signs. Section 4.6.7 (C) (1) of the LDR's prohibit signs that advertise an establishment, merchandise, service or entertainment which is sold, produced, manufactured or furnished at a place other than the property on which the sign is loca ted. Billboards would fall in this category. '. , , Boys and Girls Club Commission Agenda - 1/5/93 Page 2 All existing billboards currently within the City limits are non- conforming or are protected by the Highway Beautification Act of 1965. It is staff's opinion that once billboards are erected, local governments have not been very successful at getting them removed. We are required to amortize the timeframes for removal. The same has been challenged through the legal system. If the courts determine the amortization schedules do not provide reasonable compensation to billboard owners, cities may be required to pay to have existing billboard removed. The Commission has denied requests in the past to erect additional billboards. The County recently amended their sign code prohibiting the installation of any new billboards throughout the unincorporated areas. The City Attorney will comment separately on the sufficiency of the proposed agreement. RECOMMENDATION: The Commission has the option to direct staff to amend the sign code to provide for the installation of off-premise signs, consideration of designated areas within the City where such signs might be appropriate and could be a condition of approval. This matter is a City Commission policy issue. We have attached a map detailing proposed locations for the Boys and Girls Club billboards and have identified existing billboards located along this same corridor for the Commission's reference. LB:DQ Attachment LCB 9/92 B&G.DH " ' , PROPOSED BOYS AND GIRLS CLUB BILLBOARD LOCATIONS L-3Q CANAL i lAKE IDA ROAD ... I ~ !W2ST ~ ~ ~ ~ . .. a a i i LOWSON IOUL£VAAD I :I UNTON IOUL£VARD i a~OIf¡ L-3' CNW. PROPOSED LOCA TlONS: 1 - 1-95 ElL .4,500 rEET SOUTH or LINTON BOULEVARD, DESIGNATED ·OS" ZONING (TWO SITES) 2 - 1-95 1,500 rEET NORTH or S.W. OTH STREET , DESIGNATED ·0S" ZONING. 3 - 1-95 ElL 1,500 FEET SOUTH or S.W. 2ND STREET, DESIGNATED ·0S" ZONING. N ... - 1-95 ElL 450 FEET SOUTH or LAKE IDA ROAD, - DESIGNATED ·OS" ZONING. 5 - 1-95 wlL 1,200 FEET NORTH or ATLANTIC AVENUE, CITY OF DEUtAY BEACH, fLORIDA DESIGNATED ·0S" ZONING. PLANNINC DEPARn.t£NT . - EXISTING BILlBOARD LOCATIONS " . .'I_~.rY/ To: Lula Butler. Please check this out and draft letter for Mr. Harden's ~ BS~ YS & dìRrSeCLütBS aOFopÄLM BËÄCHskéöuÑTY, INC. 7K mok ~ 6dta 7 ~ 6dta ~ OFFICERS RËC~I Chairman November 24, 1992 'Brown Boké Vl:O Presid.nt No~ 2 S William K, Caler Presldent·Elect CITy MA 1912 John Herring Vlca Presidents Sharon Martinelü IVAG£R'S Joseph A. Vassallo s.c:retary Mr. David Harden OFFICE Mary K, Lohr City Manager BOARD OF DIRECTORS City of Delray Beach Sandra Abouzeid Douglas Barto 100 N.W. First Avenue Joseph Bilancio Delray Beach, FL 33444 Edward Boyd Dorothy Bradshaw Virginia Buckley John L. Burns Dear David: Mary Beth Callahan Tony Carlson Richard Cherry For the past twenty-one years the Boys & Girls Clubs of Palm Waker Chim Juan C, Cocuy Beach County have been serving the children of the County. Diana L Cunningham F, Malcolm Cunningham To date, these services have bee~ provided in the northerQ, Lon Danielson Marc deBagiste half of the County at locations in West Palm Beach, Mrs, Sam ,Digges Wellington, and Riviera Beach. Martin A. D~Ch William A. rank Rep. Lois Frankel We are pleased to announce that the Boys & Girls Clubs of Don Goddeau Mrs, J, Bradford Greer Palm Beach County have committed to establishing a unit in Mary Harri:î0n Mrs. Sylvia . James Delray Beach to be known as the South County unit of the Roy Jordan Julie Kime Boys & Girls Clubs. The location for this new unit is John Kurtz planned for the Catherine Strong Center located at 600 SW Theodore J, Leopold Congressman Tom Lewis 15th street, Delray Beach. Mrs. Ben~ M, Martin Pat Murp y Michael Noto The Girls Clubs is not-for-profit organization JaL Owen Boys & a F. artin Perry which looks solely to contributions for its development and Bruce Rendina Uman Elaine Rieur operations. The South County Club's anticipated annual Cot John E. Roberts, Jr, Henry p, Ruffolo operating budget is $300,000. Contributions to the budget Robert Shaw Mrs. Mac Siegel are generated from several sources, much of which is private Mrs. Theodore T arone donations. Raising money in today's economic environment is Mrs, Nancy Thomas Peter Van Beuren difficult. Donations from individuals and corporations is Dewey Varner Thurlow West at an all-time low. Mayor Clara Williams Louis L Williams T, M, Youchak Several cities, many in the South Florida area, contribute DIRECTORS FOR UFE either directly or indirectly to the support of the clubs. Charles M, Carpenter As an example, the city of Hollywood last year donated $1 'Harrison Chauncey ·R.W. Danischefsky million for the development of a facility in their city. In 'Barkle~ 5, Henderson Robert ,Levinson addition, Hollywood granted approval for the installation of . J, Carter Miller, Sr, 'Granville Morse eight billboards where the land lease payments from each 'F, Martin Perry billboard are allocated to the Hollywood unit of the Boys & 'Lee K, Spencer Mrs. Lawrence 5, Warren Girls Club (please see attached agreements) . Elmer C, Warshaw Mrs, Charles R, Weber 'Cot Alfred M, Worden Exacutive Director Mary T. O'Connor 'Past President .Y1WeIJt in the ~ t/' out- ~ . ~ ADMINISTRATIVE OFFICE - 2247 PALM BEACH LAKES BLVD,. SUITE 212 WEST PALM BEACH, FL 33409 ,407-683-3287 WEST PALM BEACH FACILITY - 407-683-3392 WELLINGTON FACILITY, 407-790,0343 A United BOYS &. GIRLS CLUBS RIVIERA BEACH FACILITY· 407,842-5234 Way Agency 0" AMERICA , ' · Mr. David Harden City Manager City of Delray Beach November 24, 1992 Page Two The South County unit wishes to embark on a similar billboard program with the permission of the City of Delray Beach. There are parcels of land that are owned by the city of Delray Beach situated along Interst~te 95. These sites are shown on the attached map. We are requesting that the City of Delray Beach allow the use of its land for billboard advertising with the proceeds being earmarked for the support of the South County Boys & Girls Club. It is currently anticipated that approximately $85,000 annually can be derived from this program. with the city's support, the Delray Beach community will have an opportunity to create an environment where children are safe from the streets, crime, and violence. Children will be able to take part in programs which help them to enhance the quality of their lives and help them to become responsible adults. Please support our request to enable the Boys & Girls Clubs to receive funding for a greatly needed facility in Delray Beach. Si?lkY Marc ~~Ba~te Corporate Board Member Boys & Girls Clubs of Palm Beach County MdB:kob Enclosure cc: Mayor Thomas E. Lynch Jay Alperin, City Commissioner Ken Ellingsworth, City Commissioner Armand Mouw, City Commissioner David Randolph, City Commissioner Mary O'Connor, Executive Director NOV30 C:~j \J:i.~ , í , ":., ./ ,. '-'"""....._~_.--..,._,_. .~... " " I PBOEIIX OUTDOOR ADVERTISING ....... T."....,~ .~ Boys & Girls Club of Delray Beach Obiective To create a financial base to help perpetuate the continued funding of the Boys & Girls Club of Delray Beach. Means By entering into a license agreement with the Boys & Girls Club to build single pole billboards on appropriately zoned City controlled property. The City would grant special exceptions for the permitting process. All structures would be required to meet South Florida Building Codes as well as any applicable City codes. These structures would also be required to satisfy all D.O.T spacing requirements. Intent Subject to approval --# 0 I -95 ElL 4,500 SIO Linton designated OS zoning ( 2 sites ) # @ 1-95 1,500 ft. N/O S.W. 10th St. designated OS zoning # @) 1 -95 ElL 1,500 ft. SIO S.W. 2nd Street designated OS zoning # 0 I -95 ElL 450 ft. SIO Lake Ida Rd. designated OS zoning # 0 I -95 WIL 1,200 ft. N/O Atlantic Ave. designated OS zoning 1045 East Atlantic AVBnuB, SUitB 214 DBlray 8Bach, Florida, 33483 Telephone: (407)272-3430 Fax: (407) 272-3495 ...... , ' Obiective cant. Revenue Projections will be based upon the number of signs erected, and exclusivity of contract. Consideration of land use concessions could be granted to Property owners in exchange for lease payments being donated to the Boys & Girls Club. Conclusion Opportunity exists to create a financial annuity for the Boys & Girls Club. The risk factor is well within a comfort zone for this vendor. Unlike other municipalities that have created similar projects, Delray Beach already has Billboards within City limits. Therefore it is conceivable that this project will not be as politically difficult as other cities. The only corridor currently being targeted is I -95. , ' . PHOEIIX OUTDOOR ADVERTISING 'V~,~~~", '1'f.·~~...a,~~'~';;:'7j'4"\-~P'~"-"'=-rif'- ~V'. ~ Boys Club of Delray Beach Comparative Analysis Hollvwood Delrav Beach Lease Amount 16,000. per yr. $ 84,000 per yr. per structure for 7 structures D.E.C. * - 156,510 per day 119,685 per day # of Structures 5 7 Insurance 1 mil per sign 1 mil per sign Locations 1-95 1-95 Public Service Space Available Space Available * D.E.C. (Daily Effective Circulation) is a number obtained by taking total traffic (both directions) dividing by 2 (determines total traffic in one direction) and multiplying by 1.8. The figure of 1.8 is used to represent the average # of occupants per vehicle. - This figure represents how revenue is earned. Advertisers pay on a cost per thousands basis, the greater the D.E.C. the higher the rate can be justified. We are offering the same Revenue to Traffic ratio that is currently under contract to the City of Hollywood and their billboard project with the Boys Club. 1045 East Atlantic Avenue, Su#e 214 Delray Beach, Florida, 33483 Telephone: (407)272-3430 Fax: (407) 272-3495 ..../11,. . I, . fJ/b [ITY DF DELRAY BEA[H 100 N,W, 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000 De cember 4, 1992 Mr. Marc deBaptiste Corporate Board Member Boys & Girls Clubs of Palm Beach County 2247 Palm Beach Lakes Blvd. Suite 212 West Palm Beach, FL 33409 RE: Your letter of 11/24/92 Dear Mr. deBaptiste: This is in response to your letter as referenced. The City is most excited that your board has decided to work towards opening one of your Boys & Girls facilities in De1ray Beach. We acknowledge the need to develop diverse means of generating the funds to accomplished this task. Your proposal to erect several billboards on City owned properties adjacent to Interstate 95 will require consideration and approval by the City Commission. Our current sign code prohibits the use of off-premise signs throughout the City. The billboards you see within the City lim its are either non-conforming, and at some date must be removed or they are protected by the Highway Beautification Act of 1965 which allows billboards along interstates that were in existence prior to 1965 to remain. The City Commission could direct staff to revise the existing sign code to permit billboards in certain locations. We will therefore, schedule your request as an agenda item on the next City Commission workshop meeting, which is planned for January 5, 1993. Staff will work with the Attorney's office to provide any background information and a review of the proposed agreement submitted with your letter for discussion with the Commission. Appropriate representation from the Boys & Girls Club and staff should be present. y , ' · .. Mr. Marc deBaptiste December 4, 1992 Page 2 Should you have any questions concerning this matter please contact Lula Butler, Community Improvement Director. She can be reached at 243-7203. All City Commission workshop meetings begin at 6:00 PM and are generally held in the first floor conference room. Sincerely, ~Q fj L " -~ ~ /t...\.¿) David Harden City Manager cc: Jeff Kurtz Lula Butler B:B&GCL2.DH/LCB , ' . c, . i . ~ . .. . BILLBOARD AGREEMENT THIS AGREEMENT is made and entered into as of this~~day of ~, 1991, by and between GOLD COAST ADVERTISING, INC. , a Florida Corporation ("Gold coast"); and THE CITY OF HOLLYWOOD, FLORIDA (the "city"). WIT N E SSE T H: WHEREAS, Gold Coast has entered into that certain Billboard Consulting and Rental Agreement (the "Boys Club Agreement") with The Boys Clubs of Broward County, Inc., a Florida corporation (the "Club") dated July 11, 1991, as amended, a copy of which is attached hereto as Exhibit "A"i and WHEREAS , the City desires to ensure that the Program (as defined in the Boys Club Agreement) is operated in a manner satisfactory to the City; and _ WHEREAS, as an inducement to the City to approve the Boys Club Agreement and the Program described therein, Gold Coast and the City desire to agree to the terms and conditions set forth below for the operation of the Program. NOW, THEREFORE, in consideration of the mutual promises and other considerations herein contained, the parties hereto agree as follows: 1. Proqram. The City hereby approves the Boys Club Agreement and authorizes Gold Coast to operate the Program pursuant to the Boys Club Agreement, this Agreement and Ordinance No. 0- 91-43. Gold Coast agrees that Gold Coast will not, without the C\BE133207.AGR " ' . : , . prior approval of the City Commiss ion- of the City of Hollywood ("Commission"), utilize more than five (5) billboard structures in the Program. 2. 7nsurance. Gold Coast does hereby agree to hold the City harmless from any and all causes of action, damages, costs, attorney fees, suits and other expenses (individually a "Liability" and collectively the "Liabilities") incurred by it because of any Liability arising during the term of this Agreement as a result of the Program or through the billboards contemplated thereby, the construction, maintenance, advertising and use of the billboards and the sites (as defined in the Boys Club Agreement) upon which the same are located, or through the use of the name "Gold Coast", except that the city shall have no right to indemnification hereunder in the event that any such Liability arises out of or results from any willful or grossly negligent act of the City or any of its agents or employees. Gold Coast shall, at its expense, provide the City with liability insurance for bodily injury and property damage to protect the City against damage, costs and attorneys' fees arising out of accidents or occurrences of any kind on or about the billboards and Sites. The insurance shall have liability limits of not less than One Million Dollars ($1,000,000.00) for the injury or death of one person, One Million Dollars ($1,000,000.00) for the injury or death of more than one person and One Hundred Thousand Dollars ($100,000.00) for property damage. The above coverages must be maintained in force at all times during the term hereof. The City must be named as an C\BE133201.AGR 2 '. ' I . additional insured on all such policies, and Gold Coast shall submit evidence of current insurance on an annual basis to the City. Nothing in this Agreement shall be construed to limit the rights, privileges or immunities accorded to the City by Florida statutes, section 768.28. 3. Conditions. The Billboards shall be erected in compliance with the following: a. Any tree removal necessary to erect a Billboard must be approved by the Development Management Department of the City of Hollywood. b. Gold Coast agrees that no Billboards will be in Locations having residential zoning designations. Furthermore, Gold Coast will use all reasonable efforts to minimize impact of Billboards on nearby residential zoning districts. c. Billboards shall be no more than 50 feet above the crown of any adjacent limited access arterial roadway. d. Billboards may not be located within 1500 feet of another bi¡lboard located on the same side of 1-95. e. There shall be no side-to-side or stacked billboards. f. Billboard placement must conform with Chapter 479, Florida statutes and all other applicable federal, state, county and municipal regulations. g. On each Billboard structure under the sign - the following statement shall be placed: Revenues from this sign used to help the Boys and Girls Clubs in the city of Hollywood. C\BE133207 .ACiR 3 . I i 4. Default. In the event that Gold Coast shall fail to perform any of its obligations under this Agreement, the City shall qive written notice thereof to Gold Coast, which notice shall state the nature of the failure. Gold Coast shall have thirty (30) days from the receipt of notice to cure such failure. In the event Gold Coast shall fail to cure its violation of this Agreement within the thirty (30) day period, the city shall have the option of terminating the Permits (as defined in the Boys Club Agreement) which are issued by the City of Hollywood by giving written notice of termination to Gold Coast effective upon delivery of the notice. Notwithstanding anything herein to the contrary, this Agreement shall not serve as a limitation on any other rights which the City may have with respect to the enforcement of the Permits issued by the City. _. 5. Advertisincr Prohibited.. Advertising of any alcohol, tobacco, adult entertainment, or obscene or offensive materials on the billboards will be prohibited. If the city of Hollywood reasonably objects to any advertisement, such advertisement shall be removed within sixty (60) days written notice by the City.. 6. Term. The term of this Agreement shall be for the same term as the Boys Club Agreement and, accordingly, the term hereof shall terminate automatically upon the termination of the Boys Club Agreement. In the event that the Boys Club Agreement is terminated for any reason and Gold Coast continues to operate the billboards pursuant to the Permits fOllowing the date of such termination, then Gold Coast and the City will enter into a new agreement with C\BE133207.ACR 4 '. ' I . respect to the billboards on sUbstantially the same terms and conditions hereof. 7. ComDliance with Laws. Gold Coast hereby agrees that Gold Coast shall operate the Program in accordance with all laws, rules, ordinances and regulations ( i) pursuant to which the Permits are issued and (ii) promulgated by the Florida Department of Transportation. 8. Advertisina bv city. Upon a space available basis, Gold Coast will allow city-approved public service announcements ("City Announcements") to be advertised on the billboards. Any such public service announcements may be removed by Gold Coast in the event that the space so occupied by City Announcements is leased or rented to third parties by Gold Coast. The cost of preparation and installation of such City An~ouncements shal~be paid by the city. Gold Coast hereby agrees to give the City reasonable notice of anticipated space availability on the billboards for City Announcements; provided, however, that Gold Coast shall have no obligation to notify the City if such space availability is limited to time periods of less than thirty (30) days. 9. Notices. All notices, requests, demands and other communications under this Agreement shall be in writing and shall be deemed to have been duly given if delivered personally, or if mailed, by first class mail, registered or certified, postage prepaid, or if telexed or faxed, addressed to the respective party at the following addresses (or as such other address as the party C\BE133207 .ACiR 5 . ' . entitled thereto may have prior thereto specified by notice given as contemplated by this paragraph): to the City: City of Hollywood 2600 Hollywood Boulevard Hollywood, FL 33020 ATTN: City Manager with copy to: City of Hollywood 2600 Hollywood Boulevard Hollywood, FL 33020 ATTN: City Attorney to Gold Coast: 888 S.E. Third Avenue suite 500 Fort Lauderdale, FL 33301 with copy to: James L. Berger, Esq. Berger & Shapiro, P.A. 100 N.E. Third Avenue - suite 400 Ft. Lauderdale, Florida 33301 but if telexed or faxed, the same shall not be deemed delivered unless and until actually received by the party entitled thereto." 10. Invalid Provisions. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining provisions. 11. Assicmment. Gold Coast shall not assign, transfer or sublet this Agreement or its rights, title or interests thereupon without City's prior written approval. 12. Choice of Laws. Thi5 Agreement shall be interpreted and enforced pursuant to the state of Florida. Any claims, objections or disputes arising out of the terms of this Agreement shall be litigated in the Seventeenth Judicial Circuit in and for Broward County, Florida. C\BE133207 .ACiR 6 . , , ' . . 13. Entire Aareement. This Agreement contains the entire understanding of the parties. An Amendment to this Agreement shall not be enforceable unless it is in writing and signed by both parties. . .' C\BE133207.AGR 7 PROPOSED BOYS AND GIRLS CLUB BILLBOARD LOCATIONS L-~O CANAL I I.AJ([ IDA ROAD j ~ I AVEN [ SW2ST ~ ~ ~ ! . . ~ ~ i § LDWSON BOULEVARD I :II UNTON IOULEVARD i ~ ~ 1.-31 CANAL PROPOSED LOCA TIONS: 1 - 1-95 Ell 4,500 fEET SOUTH Of LINTON BOULEVARD, DESIGNATED ·OS" ZONING (TWO SITES) 2 - 1-95 1,500 FEET NORTH Of S. W. 10TH STREET, DESIGNATED · oS" ZONING. 3 - 1-95 ElL 1,500 fEET SOUTH Of S.W. 2ND STREET, DESIGNATED ·Os" ZONING. N 4 - 1-95 Ell 450 fEET SOUTH or LAKE IDA ROAD, - DESIGNATED ·Os" ZONING. 5 - 1-95 w/L 1,200 HET NORTH or ATLANTIC AVENUE, CITY OF DELRAY BEACH, FLORIDA DESIGNATED "Os" ZONING. PLAHHIHC DEPARNEHT . - EXISTING BILLBOARD LOCATIONS , ' , ~ " //s- l~~¿~ MEMORANDUM TO: DAVID HARDEN, CITY MANAGER FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT t.1:J RE: REQUEST FROM BOYS & GIRLS CLUB OF PALM BEACH COUNTY DATE: DECEMBER 3, 1992 I have reviewed the request from the Boys & Girls Club, proposing to enter into an agreement with the City of Delray Beach to erect at least five (5) billboards on City owned property along the I- 95 corridor to generate funding for a Delray Beach facility. It is my opinion that their request should be placed on the next City Commission workshop agenda, scheduled for January 5, 1993. The current sign code prohibits "off-premise" signs, most of the existing billboards are non-conforming or fall under the protection of the Highway Beautification Act of 1965. The Comm i s s ion in the past has denied request to construct billboards. The change to allow such could be accommodated in the current re-write of the sign code. A response letter to Marc deBaptiste is attached for your signature, if you concur. Attachment B:B&GCL.DH/LCB ,. , . ~ '~ Tö: Lu1a Butler. Please check this out and draft letter for Mr. Harden's ~ $'- signature. Return all to Selma. Thanks. (sk for DTH). . B YS & GIRLS CLUBS OF PALM BEACH COUNTY, INC. 7K maAe ~ ktta 7 ~ ktta ~ /¿' - ~ø -1 :z- ST~S .pLr=~ ç£. OFFICERS AËCE:IIIED Chairman November 24, 1992 "Brown Boké President No~2S William K, Caler Presldent·Elect CITy MA 19J2 John HerrilJ¡ Vice Pres entl Sharon MartineUi NAGER'S Joseph A. Vassallo Secretary Mr. David Harden OFFICE Mary K,lohr City Manager BOARD OF DIRECTORS City of Delray Beach Sandra Abouzeid Douglas Barto 100 N.W. First Avenue Joseph Bilancio Delray Beach, FL 33444 Edward Boyd Dorothy Bradshaw Virginia Buckley John L. Burns Dear David: Mary Beth Callahan Tony Carlson Richard Cherry For the past twenty-one years the Boys & Girls Clubs of Palm Walter Chinn Juan C, Cocuy Beach County have been serving the children of the County. Diana L Cunningham F. Malcolm Cunni~ham To date, these services have been provided in the northern Lon Danielson Marc de~tiste half of the County at locations in West Palm Beach, Mrs. Sam . D~es Wellington, and Riviera Beach. Martin A. DfrZC William A. rark Rep, Lois Frankel We are pleased to announce that the Boys & Girls Clubs of Don Goddeau Mrs, J, Bradford Greer Palm Beach County have committed to establishing a unit in Mary Harri~on Mrs. Sylvia ,James Delray Beach to be known as the South County unit of the Roy Jordan Julie Kime Boys & Girls Clubs. The location for this new unit is John Kurtz planned for the Catherine strong Center located at 600 SW Theodore J, leopold Co~ressman Tom lewis 15th Street, Delray Beach. Mrs, Ben~ M, Martin Pat Murp y Michael Noto The Girls Clubs is not-for-profit organization JaM Owen Boys & a F, artin Perry which looks solely to contributions for its development and Bruce Rendina UUian Elaine Rieur operations. The South County Club's anticipated annual Cot John E. Roberts, Jr, Henry p, Ruffolo operating budget is $300,000. contributions to the budget Robert Shaw Mrs, Mac Siegel are generated from several sources, much of which is private Mrs. Theodore T arone donations. Raising money in today's economic environment is Mrs, Nancy Thomas Peter Van Beuren difficult. Donations from individuals and corporations is Dewey Varner ThurlOw West at an all-time low. Mayor Clara Williams louis L Williams T. M. Youchak Several cities, many in the South Florida area, contribute DIRECTORS FOR UFE either directly or indirectly to the support of the clubs. Charles M, Carpenter As an example, the City of Hollywood last year donated $1 "Harrison Chauncey "RoW, Danischefsky million for the development of a facility in their city. In "Balkier, S, Henderson Rebert . Levinson addition, Hollywood granted approval for the installation of " J, Carter Miller, Sr. "Granville Morse eight billboards where the land lease payments from each 'F, Martin Perry billboard are allocated to the Hollywood unit of the Boys & "lee K, Spencer Mrs. Lawrence S, Warren Girls Club (please see attached agreements). Elmer C, Warshaw Mrs, Charles R. Weber ·Col. Alfred M. Worden Executive Director Mary T, O'Connor "Past President J?Weõt m tk ~ 0/ Ota ~ . ~ ADMINISTRATIVE OFFICE - 2247 PALM BEACH LAKES BLVD" SUITE 212 WEST PALM BEACH. FL33409 - 407-683-3287 WEST PALM BEACH FACILITY - 407-683-3392 A United WELLINGTON FACILITY -407,790,0343 BOYS 6< GIRLS CLUBS RIVIERA BEACH FACILITY - 407-842-5234 Way Agency or AIØRICA , I ,,. '.. Mr. David Harden City Manager City of Delray Beach November 24, 1992 Page Two The South County unit wishes to embark on a similar billboard program with the permission of the City of Delray Beach. There are parcels of land that are owned by the City of Delray Beach situated along Interstate 95. These sites are shown on the attached map. We are requesting that the City of Delray Beach allow the use of its land for billboard advertising with the proceeds being earmarked for the support of the South County Boys & Girls Club. It is currently anticipated that approximately $85,000 annually can be derived from this program. With the City's support, the Delray Beach community will have an opportunity to create an environment where children are safe from the streets, crime, and violence. Children will be able to take part in programs which help them to enhance the quality of their lives and help them to become responsible adults. Please support our request to enable the Boys & Girls Clubs to receive funding for a greatly needed facility in Delray Beach. Sinc~~r<? £It( Marc deBak!ste Corporate Board Member Boys & Girls Clubs of Palm Beach County MdB:kob Enclosure cc: Mayor Thomas E. Lynch Jay Alperin, City Commissioner Ken Ellingsworth, City Commissioner Armand Mouw, City Commissioner David Randolph, City Commissioner Mary O'Connor, Executive Director , ' · .'. ~ PIOEIII OUTDOOR ADVERTISING ....................~................ Boys & Girls Club of Delray Beach Obiective To create a financial base to help perpetuate the continued funding of the Boys & Girls Club of Delray Beach. Means By entering into a license agreement with the Boys & Girls Club to build single pole billboards on appropriately zoned City controlled property. The City would grant special exceptions for the permitting process. All structures would be required to meet South Florida Building Codes as well as any applicable City codes. These structures would also be required to satisfy all D.O.T spacing requirements. Intent Subject to approval --# 0 I -95 ElL 4,500 SIO Linton designated OS zoning ( 2 sites) # @ 1-95 1,500 ft. N/O S.W. 10th St. designated OS zoning # @ I -95 ElL 1,500 ft. SIO S.W. 2nd Street designated OS zoning # 0 I -95 ElL 450 ft. SIO Lake Ida Rd. designated OS zoning # 0 I -95 WIL 1,200 ft. N/O Atlantic Ave. designated OS zoning 1045 East Atlantic Avenue, Suite 214 Delray Beach, Florida, 33483 Telephone: (407)272-3430 Fax: (407) 272-3495 ......................~.................. ".. I . . / . .' Objective cont. Revenue Projections will be based upon the number of signs erected, and exclusivity of contract. Consideration of land use concessions could be granted to Property owners in exchange for lease payments being donated to the Boys & Girls Club. Conclusion Opportunity exists to create a financial annuity for the Boys & Girls Club. The risk factor is well within a comfort zone for this vendor. Unlike other municipalities that have created similar projects, Delray Beach already has Billboards within City limits. Therefore it is conceivable that this project will not be as politically difficult as other cities. The only corridor currently being targeted is I -95. "'. I ., · , : PBDEIIX OUTDOOR ADVERTISING .............,.......~..........-+..... Boys Club of Delray Beach Comparative Analysis Hollywood Delray Beach Lease Amount 16,000. per yr. $ 84,000 per yr. per structure for 7 structures D.E.C. * - 156,510 per day 119,685 per day # of Structures 5 7 Insurance 1 mil per sign 1 mil per sign Locations 1-95 1-95 Public Senice Space Available Space Available " D.E.C. (Daily Effective Circulation) is a number obtained by taking total traffic (both directions) dividing by 2 (determines total traffic in one direction) and multiplying by 1.8. The figure of 1.8 is used to represent the average # of occupants per vehicle. - This figure represents how revenue is earned. Advertisers pay on a cost per thousands basis, the greater the D.E.C. the higher the rate can be justified. We are offering the same Revenue to Traffic ratio that is currently under contract to the City of Hollywood and their billboard project with the Boys Club. 1045 East At/antic Avenue, Suite 214 De/ray Beach, Florida, 33483 Telephone: (407)272-3430 Fax: (407) 272-3495 ~"..........~................. .._ I ~,' . :-r-=-it .. . . i . BILLBO~D AGREEMENT THXS AGREEMENT is made and entered into as of this~~day of ~, 1991, by and between GOLD COAST ADVERTISING, INC. , a Florida Corporation ("Gold Coast"); and THE CITY OF HOLLYWOOD, FLORIDA (the "city"). WIT N E SSE T H: WHEREAS, Gold Coast has entered into that certain Billboard Consulting and Rental Agreement (the "Boys Club Agreement") with The Boys Clubs of Broward County, Inc., a Florida corporation (the "Club" ) dated July 11, 1991, as amended, a copy of which is attached hereto as Exhibit "A"; and WHEREAS , the city desires to ensure that the Program (as defined in the Boys Club Agreement) is operated in a manner satisfactory to the City; and _ WHEREAS, as an inducement to the City to approve the Boys Club Agreement and the Program described therein, Gold Coast and the City desire to agree to the terms and conditions set forth below for the operation of the Program. NOW, THEREFORE, in consideration of the mutual promises and other considerations herein contained, the parties hereto agree as follows: 1. program. The city hereby approves the Boys Club Agreement and authorizes Gold Coast to operate the Program pursuant to the Boys Club Agreement, this Agreement and Ordinance No. 0- 91-43. Gold Coast agrees that Gold Coast will not, without the C\BE133207.AGR '. , I, MEMORANDUM TO: DAVID HARDEN - CITY MANAGER FROM: LULA C. BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT ~ RE: CONSIDERATION OF THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM REQUIREMENT TO APPOINT AN AFFORDABLE HOUSING ADVISORY COMMITTEE DATE: DECEMBER 28, 1992 ITEM BEFORE THE BOARD: - - Presentation from staff regarding the State of Florida's requirement under the Housing Initiatives Partnership Program (SHIP) Rule #9I-37 requiring that the City Commission appoint by resolution, a nine-member Affordable Housing Advisory Committee. Staff is requesting direction regarding advertisement for members, selection process and other information that may be applicable under State Law. BACKGROUND: The State Housing Initiatives Partnership (SHIP) program is the enactment of the William E. Sadowski Affordable Housing Act, signed into law on July 7, 1992. The Act creates a comprehensive funding package for state and local affordable housing programs. The program channels a portion of the new and existing documentary stamp taxes on deeds directly to local governments for the development and maintenance of affordable housing. Section 9I-37.009 of the Florida State Statutes requires each Municipality that is eligible for funding under the new Affordable Housing Program to create a local Affordable Housing Advisory Committee by Ordinance, with the option to appoint the members by Resolution after the adoption of the required Ordinance. The Committee's major responsibility will be the development of the required Affordable Housing Incentive Plan. This plan will set forth the policies, procedures and activities that will be carried out with SHIP funds. The committee will serve as an advisory board to the Commission, overseeing program activities. The committee members may be appointed by Resolution, (after the adoption of the required Ordinance), and must provide for nine members and terms. The committee must have the following make-up: úJs/5 '. , · SHIP Program Commission Agenda - 1/5/93 Page 2 One citizen who is: 1. actively engaged in the residential home building industry; 2. actively engaged in the banking or mortgage banking industry; 3. a representative of those areas of labor (e.g., carpenter, plumber or electrician) engaged in home building; 4. designated as an advocate for low-income persons (representative of a community-based organization or legal services or legal aid attorney); 5. a provider of affordable housing; 6. a real estate professional, and - Three citizens at large as appointed by the Commission. In addition to the creation of the Affordable Housing Advisory Commi ttee, the Commission will be considering an Ordinance under Section 91-37.004 that will create an affordable housing assistance trust fund, establish the Local Housing Assistance Program, and designate the responsibility for the implementation and administration of the LHAP. This proposed Ordinance will be before the Commission for first reading on January 12, 1993. RECOMMENDATION: Staff is recommending that the Ci ty Commission direct staff to advertise for members through the City Clerk's normal procedures for citizens who may wish to be appointed to the new board, and direct staff to develop the appropriate Resolution to appoint the members, establishing terms and responsibility. Such Resolution should be before the Commission after the required public hearing and adoption of the Ordinance pursuant to Section 91-37.003 of the rule. D14 SHIP.DH '. ' . . , . Agenda Item No.: ·AGENDA REQUEST Date: 12/29/92 Request to be placed on:' Regular Agenda Special Agenda X . Workshop Agenda When: 1/5/93 Description of agenda item (who, what, where, how much): Consideration of the State Housing Initiatives PartnershiD (SHIP) Program Reauirement to Appoint an AffordAble HOllsin2 Advi~ory r.omm;rrpp ORDINANCE/ RESOLUTION REQUIRED: Gg)NO Draft Attached: YE~ Recommendation: Commission Action Department Head Signature: ~ ~".. '. ',,===- I. Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involvinq expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: U¡vJ Approved for agenda: @/ NO Hold Until: Agenda Coordinator Review: Received: '\ction: Approved/Disapproved 'T ' . '"" CITY COMMISSION WORKSESSION DOCUMENTATION SUBJECT: ANNUAL REPORT PRESENTATION AND GOAL SETTING 1993 MEETING D ~ PREPARED BY: DAVID J. KOVACS, DIRECTOR OF PLANNING BACKGROUND: There has been some discussion during City Commission meetings about having a "town meeting" or similar event early in 1993. Also, the Planning and Zoning Board is preparing for its Annual Report for FY 91/92; including a public hearing on infrastructure needs. Further, the Comprehensive Plan calls for coordination of capital needs and progress on programmed activities in preparation of each proposed fiscal year budget. Finally, since the adoption of the Comprehensive Plan the City Commission has conducted an annual goal setting program in some form. In viewing all of these items, a program has been suggested by the Director of Planning and has been discussed with the City Manager and the Mayor. This program is summarized as: 1. State of the City Report --- January 19th * P&Z Board re Comp Plan Implementation * Administration re other programs and finance 2. Citizen comment --- January 19th * awareness raising * early public sentiment 3. Election campaigning . 4. New Commissioners 5. Goal Setting Exercise --- March/April * Administration and public concerns, needs * Suggestions for solutions 6. Goal Setting Package --- April * Commission direction to the Administration and commencing the operating budget process. Attached is a two-page write up which provides more explanation and detail. /))5/6 . , I, City commission Documentation Annual Report presentation and Goal setting 1993 Page 2 DIRECTION: Consensus to proceed with the program as proposed (or as adjusted) and commitment to the dates contained therein. Attachment: * Two-page follow-uP memo DJK!T:CCGOALS5.DOC ,. , Follow-up to Memo of November 30th re: "Town Meeting" - Annual Reviews & Goal Setting PUBLICITY: * December 18th issue of News for Neighborhoods * January 5th, City Commission worksession - go over schedule * Week of January 11th, newspaper coverage ANNUAL REPORT -- TOWN MEETING Tuesday, January 19th Old School Square Auditorium 7:00 - 8:00 Presentations: * Annual Report of the Planning and Zoning Board -- progress made with respect to implementation of the Comprehensive Plan, includes overview of capital improvements, changes in physical aspects of the City. * State of the City -- focus on the fiscal and financial conditions of the City and general goals/directions (would include social issues). 8:00 - 8:30 Break: View exhibits, refreshments, mingle 8:30 - end Open Microphone (some time limitations may apply) -- focus upon what the City should be pursuing and considering during the next eighteen (18) months. A prelude to the March/April goal setting sessions. INFRASTRUCTURE PUBLIC (INPUT) HEARING: Monday, January 25th City Commission Chambers Third Annual hearing conducted by the Planning and Zoning Board regarding community needs for physical improvements in the City. Input from this hearing will be considered in the review of the Comprehensive Plan, revisions to the Five-Year Schedule of Capital Improvements, and preparation of next year's FY 93/94 budgets. " ' MUNICIPAL ELECTIONS: Tuesday, March 9th Commission Organizational Meeting is Thursday, March 25th @ 6:00 CITY COMMISSION, GOAL SETTING PROGRAM Thursday, March 25th, commencing at 7:00 p.m. City Commission Chambers Overview of program, expectations, procedures, presentation by the City Manager re "Where we are, going into the FY 93/94 Budget process". Friday, March 26th, 8:00 am to 7:00 pm Public Input to Goal Setting (Specific times for presentations, on a reservation basis) 8:00 am to noon: * Input from the Administration, presentations by individual departments and functions within the City. 1:30 pm to 4:00: and 5:30 pm to 7:00 pm * Input from advisory bodies and community organizations also, individual citizen comments Saturday, March 27th, 8:30 am to noon (as needed) . . . continuation of community input. Friday, April 2nd: Goal Setting worksheets are due from the City Commissioners. Tuesday, April 6th: Worksession for organizing and prioritizing . goals. Tuesday, April ___: Adoption of the goal setting package concurrent with the "kick-off" session for the FY 93/94 Budget (meeting of the Commission and the Manager). - 2 - " '