12-20-95SpMtg DECEMBER 20, 1995
A Special Meeting of the City Commission of the City of
Delray Beach, Florida, was called to order by Mayor Thomas E.
Lynch in the Commission Chambers at City Hall at 5:10 P.M.,
Wednesday, December 20, 1995.
Roll call showed:
Present - Commissioner Jay A1perin
Commissioner Ken Ellingsworth
Commissioner David Randolph
Commissioner Barbara Smith
Mayor Thomas E. Lynch
Absent - None
Also present were - City Manager David T. Harden and
City Attorney Susan A. Ruby
The Special Meeting was called to consider the follow-
ing.
(1) Acquisition of the Patel property located at 2228
Seacrest Boulevard.
Susan Ruby, City Attorney informed Commission that the
Special Meeting was called to discuss the contract entered into
with Mr. Patel to purchase property located at 2228 Seacrest
Boulevard adjacent to the property owned by NationsBank which the
City is purchasing for the Atlantic High School expansion. As
part of the Patel contract the City did diligence by having
surveys and certain inspections performed including an environ-
mental assessment. The environmental assessment indicated there
is a possibility that old underground storage tanks still exist
on the site. The City Attorney advised the Commission that under
the terms of the contract with Mr. Patel, the Commission has
until December 22, 1995, to advise him if we are going forward
with the purchase of this property in light of the foregoing
information.
Kevin Becotte, Assistant City Engineer reported that
Nutting Environmental of Florida, Inc., performed a Phase II
environmental assessment on the site and found the soil to be
clean. However, there are indications that as many as 14 to 16
underground storage tanks had been installed on the property over
the years. Nutting Environmental was unable to determine how
many tanks still exist on the site. Records indicate that seven
tanks have been removed from the most recent gas station opera-
tion, however, there are no records indicating that the previous
gas station tanks were removed and at that time removal may not
have been required. Kevin presented an estimate of approximately
$25,000 to have Nutting Environmental of Florida, Inc., perform a
sub-surface solar detection assessment and cleanup. He also
advised Commission that if these tanks are still on the property
that they must be removed prior to any construction including a
parking lot.
Susan Ruby, City Attorney also advised Commission of a
Special Warranty Deed executed by B.P. Oil when the property was
transferred to Mr. Patel. This deed would require indemnifica-
tion by the City if B.P. Oil was required at any time to do
remediation work at the site and they are unwilling to release
this restriction. This Special Warranty Deed would transfer with
the property to anyone who acquired this property through the
chain of title.
Robert Barcinski, Assistant City Manager advised Com-
mission that at this time the City does not have a tri-partee
agreement with the County and School Board regarding this proper-
ty, however, on the original site plan the new building would fit
on the NationsBank property without the acquisition of the Patel
property.
Dr. Alperin made a motion to terminate the existing
contract with Mr. Patel with direction to the City Attorney to
renegotiate the purchase price based on environmental findings,
and included authorization to perform the sonar testing, seconded
by Mr. Ellingsworth. Upon roll call the Commission voted as
follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth -
Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed
with a 5 to 0 vote.
(2) Commission Comments.
Dr. Alperin
Dr. Alperin had no comments.
Mrs. Smith
Mrs. Smith gave the City Manager an article from a
local newspaper regarding "traffic circles" as a deterrent for
speeders. The City of West Palm Beach installed these traffic
circles at every intersection and the concept seems to be work-
ing.
Commissioner Smith also commented that she was out
judging holiday lights recently and Delray is really looking
terrific, however, the Southridge Neighborhood (SW section of the
City) should be up high on the road improvement list.
Mrs. Smith also reported that Regal Avenue is still
experiencing illegal dumping.
Mrs. Smith wished everyone Happy Holidays.
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Mr. Ellingsworth
Mr. Ellingsworth wished everyone Happy Holidays.
Mr. Randolph
Mr. Randolph wished everyone Happy Holidays.
Mayor Lynch
Mayor Lynch advised the City Manager that he recently
spoke with County Commissioner McCarthy regarding the lease
agreement for property on the beach, she indicated that the
County does not wish to deal with the discrimination clause at
this time. The City Manager indicated that he has some ideas
regarding this agreement and hopes to be prepared to bring this
issue back to the Commission at the January 9, 1996 meeting for
action.
Mayor Lynch reported on the Lifeguard program which he
attended along with Commissioner Alperin and Commissioner Ran-
dolph. For the second consecutive year Kenny Thompson has been
named "Lifeguard of The Year" and he is also transferring into
the Fire Department soon. The Mayor was happy to see such fine
cooperation between City Departments.
Regarding the Housing Authority, the Mayor reported
there was a walk through this morning, and they appear to be
getting more involved and taking steps in the right direction to
get things done.
Mayor Lynch wished everyone Happy Holidays.
There being no further business, Mayor Lynch declared
the meeting adjourned at 5:35 P.M.
City Cler~
ATTEST=
The undersigned is the City Clerk of the City of Delray
Beach, Florida, and the information provided herein is the min-
utes of the Special Meeting of said City Commission of December
20, 1995, which minutes were formally approved and adopted by the
City Commission on ~7-~~ 9~ /~
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