05-10-56SpMtg MAY 10TH, 1956
A Special Meeting of the City Commission was held in the Com-
mission Chambers at 7:00 P. M., with Mayor Mike Yargates in the
chair, City Manager W. E. Lawson, Jr., City Attorney John H~ Adams,
and the following Commissioners being present, Catherine E. Strong,
W, J. Snow, Emory J. Barrow and Howard Lee Cromer, the ful~ Com-
mission being present.
This meeting had been called for the purpose o£ further con-
sideration concerning the request from Sea ~ay, Inc., for a permit
to construct a Bulkhead, in modified form from the original plan,
at the Cabana Club on Ocean Blvd., and attending this meeting in
support of the request of Sea Ray, Inc., were Mr. Stuart Moore,
Pres., Mr. Lipp, Ass't. City Manager of Miami Beach who is also
an Engineer and respected authority on Bulkheads, Groynes and the
resultant effects on adjoining properties from the installation of
such constuctions, and consultant engineer for Sea Ray, lnc.,
Mr. Deutehman.
Mayor Yargates informed the assembly of his belief that
Bulkheads, being unnatural, are very likely to cause damage in
the area of their existence, and that the Commission had twice
previously denied the request of Sea ilay, Inc., regarding a
Bulkhead, however, the meeting had been called to allow Mr. Moore
the opportunity of presenting any new or revised plan and to hear
the recommendation of Mr. Lipp, whose knowledge of, and experience
with, ~ulkheads, through many years of study, is highly respected,
according to i'ir. Steve Middleton, ~ounty Engineer, who was in
attendance.
Mr. Lipp submitted a revised sketch of a proposed bulkhead
on the Sea aay, Inc., property, and informed the Commission that,
based upon extensive study of Bulkheads, Groynes, and their re-
lationship to damage, caused by storms and hurricanes in areas
where bulkheads and/or g~oynes exist, the proposed modified sea-
wall would neither benefit nor have adverse effedt on adjoining
properties, nor be, in any manner, a contributing factor to damage
caused any properties in the area from storms, due to the location
of the proposed bulkhead.
Mr. Lipp further advised the Commission that damage caused
along Ocean Beaches, as evidenced by many persons, where there
are groynes in the area or bulkheads constructed too far out in
deep water, was due to that type of installation, whereas the
proposed Sea Ray, Inc., bulkhead, due to its design and location
would not cause damage to adjoinin~ properties under normal
conditions.
The City Attorney inquired if the proposed bulkhead and high
water from storms would not cause erosion and was advised by
Lipp that erosion occurs with or without sea walls.
Att'y. ~hea Whitley, on behalf of Mr. L. B. Harrison who owns
the property immediately to the South of the Sea ~ay, Inc.,
Cabana Club, registered objection to the construction of any sea
wall in that area, and pleaded for serious consideration by the
Commission on the matter before effecting a decision.
Considerable discussion followed with comments from Mr.
A. A. Lipscomb who spoke on behalf of the Beach Taxpayers League,
and who protested the granting of any permit for bulkhead con-
struction within the City limits, also Mr. H. H. Moffitt and
Melville F. liiley who referred to extensive damage caused to the
Beaches north of Delray, in years zone bye, from Bulkhead
co ns tuc ti on.
Mr. Lipp, supported by others familiar with this area and
damage caused by storms over many years, differed with Mr. Riley
and ~'~r. Moffitt as to the cause of the damage, believing that
such was due to the existence of ~roynes and not of any Bulk-
heads that may have been in the area.
Mr. Lipscomb, inquirin~ as to why this 3rd meeting to consider
the Bulkhead request, was advised by Mr. Blake, Chairman of the
Planning/Zoning Board, that only the first request was denied, the
74
~LiY 10~i· 1956
second request, having proposed a sea-wall 13 to 14 feet west of
the orlginal designed bulkhead was tabled in order to permit the
City Manager to conduct further study for the purpose of recom-
mending a definite Bulkhead Liner
Hr. Steve Middleton, County Engineer· advised the Commis-
sion that, in his opinion, any bulkhead constructed in the Ocean
or any Groyne would be definite factors in future damage from
storms, however, he did not believe thst the now proposed sea-
wall would be a contributing factor to any damage to adjoining
properties resulting from high winds or storms and hurricanes,
but this could depend upon the storms direction as to whether
or not damage resulted.
A telegram was received from Hr. Julius W. Noyes, owner of
Beach property, protesting the granting of any permit allowing
construction of a bulkhead at the Cabana Club.
Following general discussion relative to bulkheads, action
of shifting sands as a result of storms and possible damage from
any sea wall construction permitted prior to an established bulk-
head line along the Ocean throughout Palm Beach County, Commis-
sioner Cromer moved that the request of Sea Ray, Inc., for a
Bulkhead Permit, be denied. Hotion was seconded by Commissioner
Strong and upon Call of Roll - Hayor Yargates and Commissioners
Strong and Cromer voted in favor thereof, Commissioners Snow'
and Barrow were opposed. Motion Carried.
Hr. Stuart Hoore then stated he would request his attorneys
to file a ~250,000.00 suit against the City.
Commissioner Strong requested same be included in the min-
utes and in view thereof would seek to change her original vote
favoring the grant of deviation allowing a two-foot set-back
from the E'ly N/W line of A1A for the constr~ction of Cabanas~
Mr. Moore then apologized for having commented hastily and
rescinded his threat of suit.
Mr. Deutchman then sketched on the black-board a possible
solution to this problem, which would provide desired protection
to the property concerned, same being grade beam construction on
piling 14 to 15 feet apart, 4 to 5 feet deep, on piling of 12 to
121 feet.
Hr. Steve Middleton informed the ~ommission· upon request
for comment relative to such installation, that resultant affects
from storms would not be comparable to that caused with bulkhead
or sea-wall existence and that he saw nothing detrimental in the
granting of such protection to the lands in question, whereupon,
the Commission tentatively agreed that such would meet with their
favor, and requested Mr. Deutch~an to prepare for presentation a
sketch of the proposed grade beam installation.
Hr. ~tobert Gracey questioned the procedure of the Commission
regarding the County owned land Northwest of the City· in the
Lake Ida area· believing that Planning/Zoning Board should be
consulted prior to the Commission taking definite st~ps towards
acquisition of lands.
Commissioner Strong moved that there be referred to the
Planning/Zoning Board the proposed action of the City Commission
concerning an application to the '~oard o~ County Commissioners
in and for Palm Beach County for transfer of County owned lands
in Section 5-46-43, for the Planning Board's consideration and
re c ommenda ti on.
Motion was seconded by Commissioner Snow and unanimously
carried.
Mr. Joe kern· of Carter-kern· presented Messrs. Edward
Bolender· Howard Brown and Lindsay H. Eve who, concerned with the
developement of Tropical Isles, presented a sketch of the potential
~Y 10TH, 1956
development and expressed their desire for annexation of Tropical
Isles, together with a request for proper procedure and cost
estimate for the establishment of Delray Water Supply to the
Development containing approximately 319 acres and providing
l'or 900 homes.
Hr. Bolander, on behalf of his aasociates, tentatively
agreed to provide necessary funds covering cost of said in-
stallation and to be reimbursed FoP same From Future water
s&les reve~lue,
The Commission requested Hr. ~olander to submit a Formal
request For annexation together with survey map reflecting
plan o£ development.
fleeting adjourned.
~S/ R. D. Worthing
City Clerk"
APPitOVED: