Special Meeting Minutes of March 18, 1981
Meeting called to order at 6:58 p.m. at Presley Tours Office Building.
Special notice was given by posting on the door of the building at 10 A.M. on 17 March 1981 that a special meeting would be held “for the purpose of considering the final proposed Amendment to Water Purchase Contract between Buncombe and South Highway Water District. No other business is to be conducted.”
Roll call: Mr. Mayer – present, Mr. Jackson – absent, Miss Cox – present, Mr. Hardenbergh – present, Mr. Simpson – absent, Mr. Brieschke – present. There being a quorum of three Board members (out of 5 currently filled positions) the meeting was conducted.
Motion to approve the Amendment to Water Purchase Contract was made by Miss Cox and seconded by Mr. Mayer. Roll call vote: Mr. Mayer – yes, Miss Cox – yes, Mr. Hardenbergh – yes, Mr. Brieschke – yes.
Mr. Simpson and Mr. Jackson regrated their not being ale to attend this meeting have asked that it be noted that they are in favor of accepting the amendment.
Mr. Brieschke requested that his comments be entered in the record:
“I would like for these comments concerning the Amendment to Water Purchase Contract be entered in the minutes of the special board meeting to ratify said contract.
I am displeased with this contract amendment, while at the same time realizing that it may have been the best that could be had at this time. The present Board is saddled with the original contract with implies that discriminatory billing was and is consented to by the Board and People of Buncombe Public Water District. Nothing could be further from the truth.
The reason that the arrearage of $1,133.80 was agreed to be paid to South Highway Water District was because the legal fees in a court hearing would have exceeded this by several times. It is therefore economically expedient to pay less in the form of an arrearage than to pay $2-3,000.00 in legal fees just to prove a point.
One sentence which was deleted in the final amendment reads; “It is the agreement of both parties that all future rate increases or decreases shall be based on the proposition that the seller shall not discriminate against the buyer but shall treat the buyer in a like manner as others who purchase water from the seller in large quantities.” The only conclusion we can reach by the refusal of the South Highway Water District Board to include this in the amended contract is that they do indeed intend to discriminate.
The sentence providing for binding arbitration it is hoped will reconcile this discrimination in any future rate negotiations. A fundamental principle of law is that discriminatory practices are not allowed. Unfortunately, when a contract is agreed upon by two parties which in fact provides for discrimination against one party by another, it is legally binding. The Board of Buncombe Public Water District must seek to undo this in the future.” – Chairman Walter Brieschke.
Motion for adjournment made by Mr. Hardenbergh, seconded by Mr. Mayer. Voice vote: All present voted yes. Meeting adjourned at 7:03 p.m.