Res 86-95 RESOLUTION NO. 86-95
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, OPPOSING THE FLORIDA
DEPARTMENT OF TRANSPORTATION RECONSTRUCTION PLANS
OF THE OCEAN AVENUE BRIDGE IN THE CITY OF BOYNTON
BEACH, FLORIDA; FURTHER, OPPOSING ANY CONSTRUCTION
OR RECONSTRUCTION OF ANY BRIDGES LOCATED WITHIN THE
CITY LIMITS OF DELRAY BEACH UTILIZING U.S. COAST
GUARD GUIDE CLEARANCES.
WHEREAS, the Florida Department of Transportation has
proposed plans to reconstruct the Ocean Avenue Bridge in Boynton
Beach, Florida; and
WHEREAS, the bridge is planned to be reconstructed using
the U.S. Coast Guard Guide Clearances of a vertical clearance of 21
feet and a horizontal clearance of 125 feet; and
WHEREAS, the reconstruction of the Ocean Avenue Bridge and
any other bridge with a 21 ft. vertical clearance and a 125 ft.
horizontal clearance would have a severe detrimental effect on
neighboring homeowners and any businesses located in the surrounding
business community; and
WHEREAS, the reconstruction of the Ocean Avenue Bridge and
any other bridges with a 21 ft. vertical clearance and a 125 ft.
horizontal clearance would be of no benefit to the residents of
surrounding communities and would only hinder the residents ability
to enjoy their neighborhoods and business communities; and
WHEREAS, the City of Delray Beach adamantly opposes any
similar reconstruction of any bridges located within the City limits
of Delray Beach due to the adverse impacts on the citizens and
residents of the City of Delray Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City of Delray Beach promotes the
maintenance and repair of the existing bridges which span the
Intracoastal Waterway in Palm Beach County, Florida.
Section 2~ '~ That the City of Delray Beach adamantly
opposes the reconstruction of the Ocean Avenue Bridge in Boynton
Beach, Florida, and any bridge located within the City limits of
Delray Beach utilizing the U.S. Coast Guard Guide Clearances of 21
ft. vertical clearance and 125 ft. horizontal clearance. The U.S.
Coast Guard Guide Clearances are unreasonable and will have an
adverse impact on the citizens residing and conducting business in
the surrounding community. Furthermore, the City of Delray Beach
requests that the State of Florida eliminate plans to reconstruct
the Ocean Avenue Bridge utilizing the U.S. Coast Guard Guide
Clearances and urges the federal government to withhold any federal
funds allocated towards subsidizing or financing the reconstruction
of the Ocean Avenue Bridge until the Florida Department of
Transportation has provided plans which reflect clearance dimensions
acceptable to the business community and residential neighborhoods.
Section 3. That the City Clerk of the City of Delray Beach
shall furnish a copy of this resolution to the City of Boynton
Beach, Florida, for the purpose of being forwarded to the
appropriate federal authorities, state authorities and specifically
the U.S. Coast Guard and Florida Department of Transportation.
Section 4. That this resolution shall take effect immediately
upon adoption.
PASSED MD ~OPTED in regular session on this 21st day of
November, 1995.
ATTEST:
Ci~ Clerk~
Res. No.
[IT¥ OF DELRR¥ BER[H ........
DELRAY BEACH
CITY CLERK ,00 N.w. 1st AVENUE. DELRAY BEACH, FLORIDA 33444. 407/243-7000
Ali-America City
1993
December 6, 1995
Ms. Suzanne M. Kruse
City Clerk
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
Re: Resolution No. 86-95/Ocean Avenue Bridoe
Dear Ms. Kruse:
Enclosed is a copy of Resolution No. 86-95 which was passed and
adopted by the Delray Beach City Commission in regular session on
November 21, 1995. It opposes the Florida Department of
Transportation reconstruction plans of the Ocean Avenue bridge in
Boynton Beach, and further opposes any construction or
reconstruction of any bridges located within the city limits of
Delray Beach utilizing U.S. Coast Guard guide clearances.
Pursuant to Section 3 of Resolution No. 86-95, kindly forward a
copy to the appropriate federal authorities, state authorities
and specifically the U.S. Coast Guard and Florida Department of
Transportation.
If you have any questions, please do not hesitate to contact me.
Sincerely,
Alison MacGregor Harty
City Clerk
AMH/m
Enclosure
cc: Mark Perry, Esquire
THE EFFORT ALWAYS MATTERS
Pnnted o~ Recycled Pal~er
Boynton Beach
P.O. Box 3 zO RECEIVED
Boynton Beach, Florida 33425-0310
City Hall: (407) 375-6000
January 4, 1996
Ms. Alison MacGregor Harty
City of Delray Beach
100 N. W. 1st Avenue
Delray Beach, FL 33444
RE: RESOLUTION #R96-01
Dear Ms. Harty:
Attached please find a copy of Resolution #R96-01 which supports the
construction of the Ocean Avenue Bridge.
This resolution was approved by the City Commission at the regular City
Commission meeting held on January 2, 1996.
If you have any questions pertaining to this, please do not hesitate to contact me.
Sincerely,
CITY OF BOYNTON BEACH
Sue Kmse, CMC/AAE
City Clerk
America's Gateway to the Gulfstream
RESOLUTION NO. R96-~>/
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, SUPPORTING THE
CONSTRUCTION OF THE OCEAN AVENUE BRIDGE.
WHEREAS, pursuant to the River and Harbor Act of June 20, 1938, the United
States Congress authorized the Atlantic Intracoastal Waterway Channel to be constructed
with a bottom width of 125 feet and such construction has been accomplished; and
WHEREAS, the Florida Department of Transportation (FDOT) construction
standard in the area had been a. 90 foot horiz¢ nra! span; a,~d
WHEREAS, the Florida Inland Navigation District (F.I.N.D.) adopted a position
in April 1994, in accordance with the U.S. Army Corps of Engineers Engineering and
Design Manual "Layout and Design of Shallow Draft Waterways", that the horizontal bridge
clearances across the Intracoastal need to be increased to 125 feet to span the entire
waterway channel; and
WHEREAS, this position adopted by F.I.N.D. caused the planned bridge
spanning the Intracoastal Waterway at Ocean Avenue in Boynton Beach to be increased
from 90 feet to 125 feet; and
WHEREAS, it is the general desire of the City Commission of the City of Boynton
Beach and its citizens to have the narrowest, least intrusive bridge possible, but that desire
is offset by the need to continue this project forward because the overall economic and
aesthetic benefits will outweigh the additional 35 foot span requirements; and
WHEREAS, the City of Boynton Beach strongly supports the efforts of our
neighboring communities of Delray Beach and Boca Raton ooposing ~L blanket policy
adopted by any agency setting forth a minimum horizontal span of 125 feet as a
construction standard due to the need of these cities with regard to the preservation of
their downtown improvements, economic impact of their area businesses, preservation of
the tax base and concerns of their residents; and
WHEREAS, the City of Boynton Beach supports the efforts of the Florida
Department of Transportation and its consultants with regard to the bridge design,
landscaping features, and construction timetable currently proposed; and
WHEREAS, the City strongly encourages FDOT to follow through and construct
the Ocean Avenue Bridge complete with all the amenities, traffic improvements,
landscaping improvements and design components that have been presented to the
community to date; and
WHEREAS, the City of Boynton Beach, while requesting that the Ocean Avenue
Bridge be constructed as quickly as possible, lends its voice in support with our fellow
municipalities in allowing bridges that are in need of repair or replacement to be
considered on a case-by-case basis with regard to any construction standards and to take
into account other factors that may be pertinent in each community.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City supports and' appreciates all of the efforts to date of the
FDOT, and supports the current bridge design with a 125'foot horizontal span and a 21
foot vertical clearance.
Section 2. The City opposes the efforts of any agency to put in place a minimum
standard for bridge construction that has significant adverse impacts for existing business
and residential communities.
-2-
~ This resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this 2nd day of January, 1996.
~ayor
Vice Mayor
Mayor Pro Tem
~o'~misiic~r
A'I-I'EST:
Cit~Clerk
(Corporate Seal)
S :\CM~ ROJECTS~IARINA\RESO,WPD
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM # ~ - MEETING OF NOVEMBER 21. 1995
RESOLUTION NO. 86-95 (OPPOSING U.S. COAST GUARD GUIDE
CLEARANCES)
DATE: NOVEMBER 17, 1995
At the November 7th regular meeting, the City Commission discussed
the Coast Guard guide clearances being applied to the Ocean Avenue
bridge in Boynton Beach. Concern was expressed that if the 21 ft.
height/125 ft. length dimensions are imposed, it could set an
unwanted precedent with respect to any future reconstruction of
Delray's two older bridges at George Bush Boulevard and Atlantic
Avenue. The consensus of the Commission was to formally oppose the
guide clearances by working through our City lobbyist as well as
our State and Federal legislators.
We subsequently received a request from Mark Perry, Esquire,
asking for our support by adoption of a resolution to formally
oppose the guide clearances. Resolution No. 86-95 opposes the
Florida Department of Transportation reconstruction plans of the
Ocean Avenue bridge in Boynton Beach, and also opposes any
construction or reconstruction of any bridges located within the
City limits of Delray Beach utilizing U.S. Coast Guard guide
clearances. As noted in Mr. Perry's letter, we have approximately
three months in which to convince the Coast Guard that the guide
clearances should be reduced.
Recommend approval of Resolution No. 86-95.
ref:agmemol5
· 11/14/95 c: City Commission, City Manager, City Clerk
RAB: mind
i::~E:R1RY & SCI-IONE, P.A.
ATTORNEYS AT LAW
50 S.E. FOURTH AVENUE
MARK A. PERRY TELEPHONE {407) 276-4146
LARRY T. $CHONE FACSIMILE (407} 276-3859
November 10, 1995
Mayor Thomas Lynch
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Re: Resolution opposing U.S. Coast Guard Guide Clearance
Dear Tom:
Enclosed herewith please find a proposed Resolution opposing
the U.S. Coast Guard Guide Clearances which are being applied to
the Ocean Avenue bridge in the City of Boynton Beach. I am hopeful
that this Resolution meets with your approval and that it can be
approved by the city counsel of Delray Beach within the immediate
future. I have also forwarded a copy of the Resolution to Susan
Ruby for her review and comments and hopefully she will also
approve the contents of the Resolution.
As you are aware, we have approximately three months in which
to convince the U.S. Coast Guard that the guide clearances should
be reduced, therefore, I am hopeful the city counsel can accomodate
my request within the immediate future.
If you should have any questions regarding this letter or the
Resolution, please do not hesitate in contacting this office.
Sincerely,
MAP/mde
Eric.
sketches, will be sent to the appropriate parties for their
review. Costs will be determined at that time.
The City Manager reported on additional information
received regarding funding sources for the Urban League. The
Urban League receives $39,905 from the West Palm Beach Community
Development Block Grant program; from Palm Beach County Housing,
$128,721; zero dollars from Boynton Beach and zero dollars from
Boca Raton.
With regard to the sound barrier wall landscaping along
1-95, staff is working on developing options for possible land-
scaping or working with homeowners associations to create commu-
nity gardens. We expect to have some of these options to present
within the next few weeks.
The City Manager referred to Mayor Lynch's previous
comment about the problem of very large homes being built in
certain neighborhoods where the old home is torn down and a new
one built. Me stated that the Planning and Zoning staff has
asked for clarification from the Commission on the issues they
would like the Planning and Zoning Board to address. Should the
analysis be confined to setbacks and heights, or should the issue
be broadened to include the maximum size of structures or any
other issues which the Commission feels should be addressed?
Mayor Lynch stated that he would prefer not to get into
the size of structures. The issue should be if it is going to
hurt adjacent homes, and if the height of a proposed structure
calls for increased setbacks so as not to overwhelm neighboring
properties. He continued that it is not the size of the struc-
ture which has been the problem, but with additional fill on a
property and then increased height, it can have a very detrimen-
tal effect on the house next door. He felt this is the issue
which needs to be addressed by the Planninq and Zoning Board.
At this point, William Greenwood, Direct6r of Environ-
mental Services, distributed drawings of the Ocean Avenue bridge
in Boynton Beach. The City Manager reported that there had been
a meeting earlier today in Boynton Beach regarding the height of
this bridge, and also the width. Our concern is that Delray
Beach has two older bridges at Eighth Street (George Bush Boule-
vard) and Atlantic Avenue, and what the impact would be if we had
to meet the height requirement of 21 feet.
Mayor Lynch commented that the real difficulty isn't
just the height of the bridge; if the bridge were to have a
height of 21 feet, you then have to have a 121 foot length which
would have a major impact. He continued that while Delray Beach
isn't in the plans for at least the next ten years, the problem
is that if something were to break on the bridge, it would then
be necessary to deal with this issue. If the Boynton Beach
bridge remains at 21 feet/125 ft. length, as opposed to something
like 15 or 16 ft. height with 90 ft. length, then there is a
-12- 11/07/95
feeling that a precedent may be set for the higher bridge. A
meeting was held with a representative from FDOT today and they
seem to be okay with lowering the height, but the final say comes
from the Coast Guard with a recommendation from the Florida
Inland Navigation District (F.I.N.D.). They are both saying they
want the 21 ft. height. Mayor Lynch stated that he felt the City
needs to get involved at this point _e~en~..~bgu~h we may be ten or
fifteen years away from the issue affecting us, and asked fOr'~
c~onSens'~s from the Commission to authorize formal opposition from
· ' ~-~Would
the City on the 21 ft. height an~ i-ZS'~I~'~h. The
be to work through Kathy Daley and our State and Federal legisla-
tors to convince somebody to look at this issue seriously. Mayor
Lynch also indicated that he would ask Boca Raton for their input
regarding this issue. The Commission concurred to support this
position.
13.B.. City Attorney.
The City Attorney had no comments.
13.C. City Commission.
13.C.1. Dr. Alperin stated there had been a recent incident at
the convenience store at 22nd and Seacrest Boulevard where a
student on his way home from Atlantic High School was the victim
of what was apparently a gang action. It only took the Police
Department one day to apprehend the responsible individual.
However, it is very disturbing that we have this type of gang-re-
lated activity going on where they are defining territories. Dr.
Alperin expressed concern that the status quo in dealing with
this type of mentality will likely continue and the gangs will
also continue. He felt that this type of activity needs to be
dealt with from a new tact and with new rules if we're going to
get a handle on it before it gets out of control. He strongly
urged that our State legislators be contacted regarding the need
for stronger laws and harsher tactics to be used in dealing with
the gang organizations. Civilized measures are ineffective when
dealing with uncivilized individuals who are part of these gangs.
Mayor Lynch suggested that Boca Raton be contacted
about a group that has been started there as a result of the
recent gang beating at the beach. They, too, are looking for
solutions and would welcome Delray Beach's participation.
On further discussion, it was the consensus of the
Commission that Kathy Daley be contacted about this issue. Mayor
Lynch stated he would get more information from Boca Raton about
the meetings they are having, and perhaps a member of Delray
Beach's Commission will be able to attend.
13.C.2. Mrs. Smith concurred with Dr. Alperin's concern that
the gang issue needs to be immediately addressed.
-13- 11/07/95
RESOLUTION NO. 95-
A RESOLUTION OF THE CITY OF DELRAY BEACH
OPPOSING TEE FLORIDA DEPARTMENT OF
TRANSPORTATION RECONSTRUCTION PLANS OF THE
OCEAN AVENUE BRIDGE IN THE CITY OF BOYNTON
BEACH, FLORIDA; FURTHER, OPPOSING ANY
CONSTRUCTION OR RECONSTRUCTION OF ANY BRIDGES
LOCATED WITHIN THE CITY LIMITS OF DELRAY BEACH
- UTILIZING U.S. COAST GUARD GUIDE CLEARANCES
WHEREAS, the Florida Department Of Transportation has proposed
plans to reconstruct the Ocean Avenue Bridge in Boynton Beach,
Florida; and
WHEREAS, the bridge is planned to be reconstructed using the
U.S. Coast Guard Guide Clearances of a vertical clearance of 21'
and a horizontal clearance of 125'; and
WHEREAS, the reconstruction of the Ocean Avenue Bridge and any
other bridge with a 21' vertical clearance and a 125' horizontal
clearance would have a severe detrimental effect on neighboring
homeowners and any businesses located in the surrounding business
co~unity; and
WHEREAS, the reconstruction of the Ocean Avenue Bridge and any
other bridges with a 21' vertical clearance and a 125' horizontal
clearance would be of no benefit to the residents of surrounding
co~unities and would only hinder the residents ability to enjoy
their neighborhoods and business communities; and
WHEREAS, the City of Delray Beach adamantly opposes any
similar reconstruction of any bridges located within the City
limits of Delray Beach due to the adverse impacts on the citizens
and residents of the City of Delray Beach; now therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH:
Section 1. The City of Delray Beach promotes the maintenance
and repair of the existing bridges which span the intracoastal
waterway in Palm Beach County, Florida.
Section 2. · The City of Delray Beach adamantly opposes the
reconstruction of the Ocean Avenue Bridge in Boynton Beach, Florida
and any bridge located within the City limits of Delray Beach
utilizing the U.S. Coast Guard Guide Clearances of 21' vertical
clearance and 125' horizontal clearance. The U.S. Coast Guard
Guide Clearances are unreasonable and will have an adverse impact
on the citizens residing and conducting business in the surrounding
community. Furthermore, the City of Delray Beach requests that the
State of Florida eliminate plans to reconstruct the Ocean Avenue
Bridge utilizing the U.S. Coast Guard Guide Clearances and urges
the federal government to withhold any federal funds allocated
towards subsidizing or financing the reconstruction of the Ocean
Avenue Bridge until the Florida Department of Transportation has
provided plans which reflect clearance dimensions acceptable to the
business community and residential neighborhoods.
$~ction 3. The City Clerk shall furnish a copy of this
resolution to the City of Boynton Beach, Florida for the purpose of
being forwarded to the appropriate federal authorities, state
authorities and specifically the U.S. Coast Guard and Florida
Department of Transportation.
Section 4. This Resolution shall take effect immediately upon
adoption.
PASSED AND ADOPTED by the City Counsel of the City of Delray
Beach this __ day of , 1995.
CITY OF DELRAY BEACH, FLORIDA
ATTEST:
,City Clerk Thomas Lynch, Mayor