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116 Regular Meeting March 28, 1994 Page 3 have to pay. Mayor Morris stated businesses will payor everyone will have to pay for businesses' wastes (Mr. Guerra present at this time - 8:18 p.m.). Mr. Boeker stated testing for C.O.D. will provide an accurate reading and will save costs for the users. Mr. Hart stated he wants there to be a control mechanism with ramifications if the contaminants are not controlled, but questions what is the fair and equitable way to handle. Mr. Boeker stated he thinks the proposed program is as fair and equitable as we can make it. Mr. Guerra asked if anyone mandates this program, and Mr. Boeker advised him EPA insisted we have a surcharge in our program. Bill Haney stated industrial pretreatment gets contaminants out before treating, and we could have user charges. Mr. Gilley stated the city went through many drafts to reach the EPA requirements and their approval of our program. He does not think EPA would approve spreading t~e costs throughout the system. Paul Terry and Mr. Boeker provided information on the definition of industrial user. Mayor Morris moved to amend the Ordinance in section 3(c) under definitions to delete the definition M and at the end of section 3 to add the following language, "In addition to any surcharge applicable to a user under the formula described in (b) above, a minimum testing fee for surcharge program participants is set at $24.00 per sampling port," and Mr. Moore seconded the motion, which passed unanimously. Dan Anderson of Dixie Cream doughnuts stated he uses 6,000 gallons in his business and 18,000 gallons in his home. He thinks it would be more equitable to charge everyone in town $2.00 each. He stated small businesses in homes are not paying this surcharge. Dan Scales stated he lives in a low income neighborhood and does not think they should pay a surcharge and suggested the tourists costs on the wastewater system should be paid for with sales tax. Mr. Hart stated he is concerned with the Water Rate study Workshop information received which will raise fees and this surcharge fee will run some businesses out of town or out of business. Mr. Boeker stated test results can be mailed to businesses and will be included in the policy. Mr. Hart stated he would like the 25 cents per pound charge reduced to 10 or 12 cents and amend to raise the amount if it is not enough. Mr. Gilley stated we could put a protection in the ordinance surcharge calculation not to exceed "X" dollars and give an opportunity for correction in the first and second tests. This would give businesses an incentive to correct the problem. Mr. Hart stated if the 12 cents figure did not cover the cost, then the Council could revisit the Ordinance, and this would show sensitivity to the business community. Mr. Hart moved to amend the Ordinance in sections 3(a), (b) and (c) to be 12 cents per pound and Mr. Plummer seconded the motion. Mr. Moore stated he was uncomfortable with 12 cents, because Mr. Boeker has advised 25 cents would be the cost. He stated he would be more comfortable with 18 cents. On roll call of the amendment, the following vote was recorded: AYE: Hart, Guerra, Plummer. NAY: Moore, Mooney, Morris, Cox. ABSTAIN: None. The motion failed. Mr. Moore then moved to amend Sections 3(a), (b) and (c) to read 20 cents instead of 25 cents and Mr. Cox seconded the motion, which passed unanimously. staff was requested to report in six months the impact. Mr. Hart stated he hopes the city will continue to work on this Ordinance to make refinements with more classification on a sliding scale. Mr. Gilley stated he will commit to do that, and that there has been a lot of interest expressed and encourages everyone to continue their input. On roll call for adoption of the Ordinance, the following vote was recorded: AYE: Moore, Mooney, Morris, Cox. NAY: Hart, Guerra, Plummer. ABSTAIN: None.