Laserfiche WebLink
Councilmember Engelken moved to approve Ordinance 2012-3430 amending Chapter 42, <br />"Miscellaneous Offenses," of the Code of Ordinances of the City of La Porte, by prohibiting <br />the discharge of firearms within the city limits. Councilmember Martin seconded. <br />MOTION PASSED. <br />Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Kaminski, <br />Clausen, Mosteit, Martin and Moser <br />Nays: Councilmember Zemanek <br />Absent: None <br />(d) Consider approval or other action regarding Republic Services commercial rate audit — D. <br />Mick <br />Public Works Director Dave Mick presented a summary <br />Tim Shreve, General Manager of Republic Services, addressed Council and apologized for <br />billing errors. They researched back to 2009. Mr. Shreve also informed Council processes <br />are in place to avoid future errors, corrections were made; and business owners were <br />notified as suggested by Councilmember Zemanek. <br />Councilmember Zemanek requested Republic Services to explain the process of franchise <br />fees being paid to the City. Chad Readlinger, Division Controller, informed Council that <br />each bill has a franchise fee noted on it. At the end of the month, amounts are gathered <br />from the billing code, and fees are remitted to the City. Councilmember Zemanek <br />questioned if the City had received excess revenue from franchise fees due from overbilling <br />in the years 2008-2009. Tim Shreve responded yes; Republic Services can research the <br />fees. Councilmember Zemanek questioned what Republic Services would do to assure <br />business owners were no longer over charged. Mr. Shreve informed Council that Republic <br />Services will audit monthly to ensure commercial billing reports for customers match the rate <br />sheets and share the monthly audit with Council. <br />Councilmember Engelken questioned what internal controls are being utilized by Republic <br />Services as far as accounting practices in order to catch errors of this nature. Mr. Shreve <br />advised an independent third party auditor comes out and performs testing. Councilmember <br />Engelken stated it sounds like there were poor internal controls. <br />Councilmember Moser commented he did not feel comfortable moving forward with using <br />Republic Services. <br />Councilmember Martin questioned if the issue with commercial rates were resolved, would <br />Republic Services still request a cost of living adjustment. Mr. Shreve responded the <br />contract does allow an annual price increase. <br />Mayor Rigby asked whether the $16,000.00 paid to the City was a result of overbillings. Mr. <br />Shreve responded it was a result of over payment of franchise fees based on invoices on <br />account which were overbilled. Mayor Rigby asked whether Republic Services has <br />intentions of requesting the $16,000.00 back from the City. Mr. Shreve responded no; nor <br />will they request reimbursement on the $15,000.00 that was under billed to customers. <br />Councilmember Zemanek asked whether an account holder which is due a refund could <br />request that refund in the form of a check [as opposed to a credit on the account]. Mr. <br />Shreve responded, "Absolutely. An account holder can call and request a check refund or <br />request a credit balance remain on their account." <br />No action was taken by Council. <br />Page 4of6 <br />August 27, 2012, City Council Meeting Minutes <br />