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contract, are still there, moving forward. This, so that there is a good, healthy dialogue every <br /> year on the subject matter; so that the Council can be informed. <br /> Committeemember Dr. Varner stated, Just for the record, the one (1)that is in effect came to us <br /> years ago on the same pretext, and there has never been the annual Council-required follow-up <br /> nor the reaffirmation, which is one of the issues I have had with this as it's gone along over the <br /> years. Hopefully, we will take a good look at legitimizing that, if possible, in the future. <br /> Committeemember Regina Williams-Preston asked, What justifies a special rate? <br /> Mr. Schmidt responded, It could be a number of reasons. It could be that the particular customer <br /> provided capital—thousands or millions of dollars to help build dedicated sewer lines. It could <br /> be that they are not part of the combined sewer. It really is up to the Board of Public Works and <br /> that customer to verify, economically, why this is a real savings to justify the rate increase and <br /> then bring that to you. I am only speculating here. I don't want to box this into two (2) or three <br /> (3) different concepts. It's up to that applicant to be creative and to justify their savings,through <br /> hard numbers, before the Board of Public Works, and the Council should finalize such an <br /> agreement. <br /> Councilmember Broden asked, So, the burden is on the petitioner, and they establish a case?And <br /> there really isn't a criteria on the Board of Public Works? <br /> Mr. Schmidt responded, I would say that the burden is on the applicant. However, I think that <br /> you look at these things and you try to work together, and you try to do things that make sense. If <br /> the numbers are there and can be justified, then the Board of Public Works is interested in <br /> working with its customers to find the right solution. But, again,this is why you have to come <br /> back year-in, year-out, and justify it to make sure that the numbers that have been presented play <br /> themselves out to justify the savings. <br /> Councilmember Broden asked, You're describing where you want to go and the way you want to <br /> work with people and your outcome,but is that a policy statement? <br /> Mr. Schmidt responded, Currently, there is no formal policy. <br /> Councilmember Broden responded, I would recommend that if word is going to come back <br /> around to us,just to make sure that the criteria that you are looking at, as the Board of Public <br /> Works, would align with the Council. <br /> Eric Horvath, Director of the Department of Public Works, with offices on the 13th Floor of the <br /> County-City Building, stated, I could point to the ordinance itself, because I think that it is <br /> written pretty well in this regard. The party seeking a special rate has the burden of proof. They <br /> have to provide written proof with information detailing the specifics substantiating the resulting <br /> clearly definable reduction in cost to the Sewage Works. So,there has to be a clearly definable <br /> reduction in cost to Sewage Works in order for the Board of Public Works to move forward with <br /> a special rate agreement,which then has to come to the Council, ratifying it through a resolution, <br /> 3 <br />