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Special Town Commission Meeting of the Town of Ocean Ridge held on Monday, December 22, 2004 at 8:00 AM in the Town Hall Meeting Chambers  

The meeting was called to order by Mayor Kaleel and roll call was answered by the following:

Commissioner Allison                                       Commissioner Pugh     

Commissioner Schulte                               Mayor Kaleel  

Commissioner Bingham was absent with notice.

DISCUSSION OF AND AWARD OF SOUTH PHASE IMPROVEMENTS WITH ALTERNATES  

Engineer Dan Shalloway, SFRN, Inc., stated he had been nervous with the bidding for the South Phase because of the material cost increases and a confusing existing infrastructure but he was very pleased with the bid results. He advised that 3 good contractors submitted reasonably priced bids and one of them was Chaz Equipment Company who is already working on drainage improvements in Town.  

Town Engineer Tropepe distributed 2 memo’s and briefly explained the finance and breakdown of the South Phase project. She advised that the drainage and other projects since their inception have developed a total estimated overun of $1,528,000 and there was a need to pursue an extension on the loan funding or discuss other funding sources. Engineer Tropepe also stated that the DEP State Revolving Loan Fund is currently at 2.81% for the current quarter which ends in December. She advised that if the loan is extended it would be at the prevailing interest rate and that only the funds utilized would need to be paid back.  She also added that there were not funds allocated for plantings.

See Attached South Phase Financing and South Phase Contract memo’s.  

Comm Schulte moved to direct staff to work with the Department of Environmental Protection to extend the loan and to request that the Tropical Drive waterline be included, seconded by Comm Allison.  

Motion carried - yea 4.  

Comm Schulte moved to award Chaz Equipment Company as the low bidder for the South Phase Improvements in the amount of $4,189,000, seconded by Comm Pugh.  

Motion carried - yea 4.  

DISCUSS JOINING WITH OTHER MUNICIPALITIES CONCERNING THE ANNEXATION LAWSUIT  

Mayor Kaleel requested that this item be placed on the agenda because many municipalities believe that their Homerule has been jeopardized with the passage of a recent Charter Amendment on the November ballot.  This amendment provides that the County now has total control in regards to whether unincorporated areas can be annexed into various municipalities.  He stated that while this does not affect smaller communities it could have a severe impact on larger municipalities, especially Wellington since there is still a lot of undeveloped land west of their community.  He stated that many of the municipalities, in addition to the Palm Beach County League of Cities, are joining in a lawsuit that was initiated by the Village of Wellington and the City of Delray Beach prior to the election and now that it has passed they are requesting a Renewed Motion for Temporary Injunction on the effectiveness of the amendment.  He added that the Town would join in by becoming an Intervenor in the suit at no cost to the Town.  

Comm Allison moved to include the Town in intervening in the lawsuit filed by the Village of Wellington and City of Delray Beach (Plaintiff) vs. Palm Beach County and Theresa LePore.  The motion was seconded by Comm Schulte.  

Motion carried – Yea (4).          

Meeting adjourned at 8:40 AM