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Councilmember Engelken moved toapprove Ordinance 2012-3430amending 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 Martinseconded. <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) <br />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 futureerrors, 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 />eachbill 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. ShreveinformedCouncil thatRepublic <br />Services will audit monthly to ensure commercial billing reportsfor 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 performstesting. 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. Shreveresponded 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 requestreimbursement on the$15,000.00 that was under billedto customers. <br />Councilmember Zemanekasked 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 4of 6 <br />August 27, 2012, City Council Meeting Minutes <br /> <br />