Friday, October 16, 2009

Annoying yes, meaningless no

By LOIS HENRY, Californian columnist
Sept. 16, 2009

Sometimes, it’s the little things that really get under your skin.

When you’re running a business, an incorrect bill from the City Fire Department for $96 may not seem like much.

But for Brenda Barnes, this yearly mistake is one of those “little things” that’s become a major irritant.

Barnes is a podiatrist and as part of the business, develops X-rays, which means she has about a gallon of film developer on the premises.

And that means her business goes into a pot of other businesses in the city that come under a state law regulating hazardous materials. There are about 1,200 in the city overall, according to Howard Wines, director of Fire Department Prevention Services.

The Fire Department is tasked with keeping track of which businesses have which chemicals and how much. They have to maintain that information internally and report it to the state, for which they charge businesses a “handling” or administrative fee.

They’re also supposed to inspect each business at least every three years, which is what the additional $96 is for.

Only Barnes’ business has never been inspected — except for the times she’s complained that she’s getting charged for an inspection that never happened.
It’s almost become a game over the last few years since she first noticed the fee on her bill.

She was charged, complained, got inspected and she paid. Round and round. Last year, she got smart. She waited until the time frame listed on the bill expired, then complained there was no inspection and was told she didn’t have to pay the fee. Only it popped up, again, on her most recent bill.

“It’s weird,” Barnes told me. “Does it bug anyone else? Is it just me?”

When I asked Wines about it, he was frustrated Barnes was still getting charged. He did try and fix that, he said.

And while the department does shoot for yearly inspections, he said, it just can’t get to them all because of staffing shortages.

OK, but that doesn’t explain why Barnes — and presumably other businesses — are getting charged every year.

I asked Wines how many businesses had actually been inspected over the last year and how many had been charged the inspection fee.

Ooo, sorry, I was told. Wines said he is making a report to the state, possibly by the end of this month, but couldn’t lay hands on that info right away.

Hmmm. Now I’m a little irritated.

If the city keeps reports for the state of each business with chemicals, what kind, how many and the last inspection date, that information should be immediately available.

And — call me crazy — but I think the city should be capable of not charging someone for no service.

Meanwhile, Barnes continues to grit her teeth at the bill.

“It’s always there on my desk.”

• • •

In other annoying news, Cyndi Crabtree brought an error to the city’s attention in May regarding how it instructs businesses to account for (meaning pay taxes on) gross receipts.

Crabtree saw the error had not been fixed when she received another notice from the city this month.

The city provides a definition of gross receipts, which has a long list of things that should be excluded, such as cash discounts, gas taxes and so on.

Except the city left off the word EXCLUDING. So the definition appears to INCLUDE a laundry list of things that should be EXCLUDED.

How many businesses, Crabtree wondered, overpaid the city?

City Treasurer Cheryl Perkins assured me forms on the city’s website had been fixed and Crabtree had inadvertently been sent the old notice.

“Very, very few businesses, out of the 30,000 business licenses we send out every year, have any of these exclusions,” Perkins said. “So the likelihood that someone over reported is very slim.”

But how would they know, I wondered?

Crabtree wondered the same thing and noted that one of the exclusions deals with someone employing subcontractors or temporary employees.

“I would think a lot of businesses fall into that category,” Crabtree, a CPA, said.

Clearly, reading the instructions is a must when dealing with the city.

Small and annoying can add up fast, so big kudos to Barnes and Crabtree for picking nits and keeping government accountable.

Opinions expressed in this column are those of Lois Henry, not The Bakersfield Californian. Her column appears Wednesdays and Sundays. Comment at people.bakersfield.com/home/Blog/noholdsbarred, call her at 395-7373 or e-mail lhenry@bakersfield.com

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