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1983.02.28_TC_Minutes_Special,~ ~ _ -. TOWN OF HIGHLAND BEACH, FLORIDA TOWN COMMISSION SPECIAL MEETING February 28, 1983 3:00 P.M. Mayor Horton called the Special Meeting to order at 3:00 P.M. for the purpose of discussing the Sewer charges issue between City ©f Delray Beach and Highland Beach. Those in attendance were: Mayor Louis Y. Horton, Vice Mayor Mary Louise G. Blosser, and Commissioners John J. Basso, Edward J. Sullivan and Harry Walker. Also in attendance were: Elaine W. Roberts, Town Manager; Thomas Sliney, Town Attorney; Dan Anderson, C.D.M. Consulting Engineer; Robert E. Slater, FAB member; and Rita Ebersole, Deputy Town Clerk. Mr. Anderson summarized his findings to date advising that he had written to the Finance Director of Delray Beach requesting detailed information. He was advised that this request was unreasonable and highly irregular and it would take some time. Mr. Slater reported that during his conversations with Delray officials there was no negotiating and they never referred to our contract. They are charging us as individuals rather than wholesale customers as stated in our contract and have added a capacity charge which is also a violation of our contract. After a good deal of discussion re contracts, amendments, rate schedules, commodity charges, capacity charges, etc., Mayor Horton asked if the Commission was in agreement that: (1) Dan Anderson pursue the numbers that have to do with commodity only and find out what the commodity charge is now, and (2) that Tom Sliney draw up something which would ask the Court to interprete the contract. Commissioner Sullivan was in favor of going forth with the suit and have the Court examine all aspects of the contract. Tom Sliney said he would draft a suit for a Declaratory Judgment attaching all the basic documents to the complaint asking the Court to declare what the fair and equitable rate she be. Mr. Sliney will submit this for Town Commission review before filing same. Commissioner Basso MOVED to proceed immediately with the two pronged approach as set forth by Mayor Horton. MOTION was seconded by • Commissioner Sullivan and all agreed. ~ 1. Town Commission Town of Highland Beach Special Meeting February 28, 1983 Page 2 of 2 Mr. Anderson will go to Delray Beach City Hall with an associate and try to get the information he needs to complete his study. Mayor Horton MOVED to approve the fee for C.D.M. to $4,900.00 (including the $2,000.00 already allocated). Commissioner Basso seconded and all agreed. Commissioner Basso/Sullivan MOVED to adjourn the meeting at 4:15 P.M. All agreed. APPROVED Louis Horton, Mayor Mary uise G. Blosser, Vice Mayor U per.- V ~ v • J n J. ryasso, Cc~nvnissioner .4 ATTEST ,o~~~ ~~ Date : Lt~~~ ~~ ~~~~ Edward J. S van, Commissioner / ~ ff// /~///~ 1 ~// Harry finiallder, Commissioner •