Item P3BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 17, 2007 Division: Growth Management
Bulk Item: Yes _ No X Department:
Staff Contact: Andrew O. Trivette
AGENDA ITEM WORDING: Approval of a resolution to replace the current fee schedule for the
Planning and Environmental Resources Department.
ITEM BACKGROUND: On September 21, 2007 the BOCC adopted the Monroe County operating
budget for the 2008 fiscal year. At this hearing the County Administrator proposed a plan to begin
restoring reserve funds. One component of this plan was addressing revenue streams which are
woefully outdated and inadequate. This new fee structure is aimed at updating one such revenue
stream placing the cost of service on the applicant rather than the tax payers at large.
PREVIOUS RELEVANT BOCC ACTION:
Approval of resolution 389-2005
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Approval
TOTAL COST: 0.00
COST TO COUNTY: 0.00
BUDGETED: Yes No X
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes X No _ AMOUNT PER MONTH N/A Year _S815,046_
APPROVED BY: County Atty X OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 11/06
MEMORANDUM
MONROE COUNTY GROWTH MANAGEMENT DIVISION
We strive to be caring, professional and fair
To: Thomas J. Willi, County Administrator
From: Andrew Omer Trivette
Growth Management Division Director
Date: October 2, 2007
RE: New Fee Schedules for the Building, Planning and Environmental Resources and Code
Enforcement Departments
The intention of this memo is to establish three revised fee schedules for the Growth Management Division
to help balance expenses and revenues reducing funding required from ad -valorem tax revenues.
This budget year presented new and difficult challenges for the Division of Growth Management. The
required reduction of budget items coupled with the creation of a new fund for the Building Department
placed additional fiscal responsibility on the Division as a whole. In an effort to address not only the expense
side of the ledger but also the revenue streams, the Division has reviewed and revised the two resolutions
(Planning and Building Departments) and the cost recovery strategy for Code Enforcement which establishes
the fee structure utilized to offset the cost of providing service.
These suggested fee increases represent the costs associated with providing the service. It is our intention to
assess these fees to those customers using the service rather than the tax payers at large. This fee increase will
result in a greatly reduced dependence on ad -valorem taxes and will help to maintain our current level of
service to the community.
Total Approximate Additional Revenue Anticipated: $2,449,502.00
Below is a chart which details the anticipated benefit of our recommended fee changes.
Please find below a general explanation of the revision process for each of the three departments and a
synopsis of the proposed changes.
Building Department
Joe Paskalik, Building Official
The fee structure for the Building Department is established in resolution 073-2003. This resolution creates
the fees associated with the review, inspection and issuance of building permits, ROGO & NROGO
applications and other services of the Building Department such as flood plain inspections. This resolution is
unique in that it also sets the fees associated with the work performed by agencies not in the Building
Department for review, inspection and approval of building permits. These agencies include the Planning &
Environmental Resources Department, the Engineering Division, Code Enforcement Department and the
Fire Marshal's Office.
The Building Department has submitted the revised resolution as an interim solution while they conduct a
more in depth study of fees which will result in a more comprehensive fee revision in the future. This
interim solution is based on a review of fee structures for similar services in other localities in South Florida.
This is not the case for those fees assessed in this resolution for services by the Planning and Environmental
Resources Department, the Engineering Division, Code Enforcement Department or the Fire Marshal's
Office. These fees are based on actual costs to perform the service including loaded salaries for the
individuals required.
The bulk of the revisions for this resolution surround the increase of existing fees to reflect the cost for
Monroe County to perform the review, inspection and approval of the application. One driving factor
behind a partial fee revision for the Building Department is the new separation of funds within Growth
Management. Conforming to Florida Statute 553.80 (7) the Building Department shall have a separate fund
from the remainder of the Division to guarantee that monies are spent in accordance with state law. This
separation has placed additional emphasis on services rendered by other departments and divisions to the
Building Department. Many of the new fees are related to recouping the costs associated with those services.
Approximate Additional Revenue Anticipated: $521,340.00
Planning & Environmental Resources Department
Townley Schwab, Acting Director
The Planning & Environmental Resources fee schedule was last updated in 2005 based on a methodology
devised by the then Director of the Growth Management Division. This methodology is based on direct and
indirect cost recovery for providing the service. This allows the department to average time spent on a
particular type of service by each employee involved and set a cost which is reflective of both salary and
benefits required to complete the task.
The Department under the direction of Aref Joulani completed a new review of the fee schedule and
adjusted fees based on increased product and service as well as staff salary increases. Some fees when
reviewed in this manner were adjusted down based on more accurate time assessments by staff completing
the work.
The Department has also added some fees which were previously not included in the fee schedule to recoup
costs associated with new services provided. These fees are based on estimated time to complete projections
by the staff which will be involved and are in part derived from the time required to perform like services.
Approximate Additional Revenue Anticipated: $355,046.00
Code Enforcement Department
Ronda Norman, Director
The Code Enforcement Department has also reviewed the incoming revenue for the department versus
expenditures and devised a new method of recouping the costs associated with achieving code compliance
throughout Monroe County. Code Enforcement is one of the busiest departments in the Division with only
seven (7) inspectors and over 5,000 open cases.
Currently Code Enforcement has no method of recouping administrative costs and labor costs associated
with taking a case through the compliance process which often terminates at a hearing with the Special
Magistrate. The only administrative fee which is assessed at the hearing is the grossly underestimated cost for
legal services provided by the County Attorney's Office.
Using a similar methodology to that used by the Planning and Environmental Resources Department, we are
proposing an administrative fee be charged at the hearing for cases which receive a finding from the Special
Magistrate. This new fee will recoup such costs as the Special Magistrate's time, staff time, administrative
costs and legal fees required to bring the case forward for compliance. If compliance is achieved without a
hearing, the desired option, no additional fee will be charged.
Each inspector will be required to keep billable hours associated with each case for each member of the
Code Enforcement team. These billable hours will be assessed at the hearing after a finding is rendered and
shall be due with an acceptable time frame paid to Monroe County at any of our Building Department
locations. This method of recouping costs associated with code compliance is the prescribed methodology
according to Florida Statute 162.07(2) & 162.09.
We are not required to adopt a resolution to an ordinance due to section 6.3-5 of Monroe County Code
which reads in part:
If Monroe County prevails m prosecuting a case before the special master, it shall he entitled to
recover all costs incurred in prosecuting the case and such costs may he included in the lien
authorized under F.S. § 162. 09(3), or section 6.3-7 ofthis Code of Ordinances.
We are proposing that the fee be assessed separate from the lien or fine as this fee is not intended to be
punitive or a deterrent, but simply recovery of the costs to Monroe County for bringing the case to
compliance. If this fee continues to go uncollected the citizenry of Monroe County will continue to fund
code compliance for those individuals who are in violation of Monroe County Code.
Approximate Additional Revenue Anticipated: $1,573,116.00
Packet Contents:
Proposed Planning and Environmental Resources Fee Resolution
Planning and Environmental Resources Fee Resolution 389-2005
Proposed Building Fees Resolution
Building Fees Resolution 073-273
Memo from Code Enforcement Director Norman with attachments
Planning and Environmental Resources Fee Spreadsheet
Memo from Michelle Lee regarding Fire Marshall and Engineering Fees
RESOLUTION NO. -2007
A RESOLUTION AMENDING THE PLANNING AND
ENVIRONMENTAL RESOURCES DEPARTMENT FEE
SCHEDULE TO MORE ACCURATELY REPESENT CURRENT
EXPENSES AND TO ADEQUATELY OFFSET THE TRUE COSTS
OF PROVIDING SERVICES TO THE PARTIES RECEIVING
THE BENEFITS OF SUCH SERVICES; REPEALING ANY
OTHER FEE SCHEDULES INCONSISTENT HEREWITH;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Monroe County Board of County Commissioners wishes to
provide the citizens of the County with the best possible service in the most cost effective
and reasonable manner; and
WHEREAS, the Board finds that it would be in the best interests of the general
public to charge the true cost for such services, thereby placing the burden of such costs
directly upon those parties deriving the benefit from such services; and,
WHEREAS, the Growth Management Director has demonstrated that the
existing fee schedule does not reflect the true cost of providing services to the parties
requesting services from the Planning and Environmental Resources Department; and
WHEREAS, the updated fee schedule prepared by the Growth Management
Director for providing these services includes the estimated direct costs and reasonable
indirect costs associated with the review and processing of planning and development
approval applications and site plans, on -site biological reviews, administrative appeals,
preparation of official documentation verifying existing development rights and other
processes and services; and
WHEREAS, the Board heard testimony and evidence presented as to the
appropriate fee schedule during a public hearing on October 17, 2007; and,
WHEREAS, the Board of County Commissioners concurs with the
recommendations of the Growth Management Director;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY FLORIDA:
Section 1. Pursuant to Section 9.5-21, the following schedule of fees to be charged by
the Growth Management Division for the filing of land development permit,
land development approvals, land development orders, and appeal
applications, and requests for technical services or official letters attesting to
development rights recognized by the County shall be implemented:
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Page 1 of 4
Administrative Appeals
2,626.00
Administrative Relief
1,011.00
Alcoholic Beverage Application
1,264.00
Beneficial Use
1,437.00
Biological Site Visit (per visit)
280.00
Biologist Fee (misc — per hour)
60.00
Boundary Determination
1,201.00
Comprehensive Plan & LDR Amendment
6,000.00
Comprehensive Plan Amendment
5,531.00
Conditional Use Application, Major
10,014.00
Conditional Use, Application, Minor
8,484.00
Conditional Use, Minor Deviation
1,768.00
Conditional Use, Revised Plan Review
638.00
Conditional Use, Time Extension
986.00
Conditional Use, Transfer of Development Rights
1,239.00
Conditional Use, Transfer of Floor Area
1,944.00
Conditional Use, Transfer of ROGO Exemption
1,740.00
Development Agreement
12,900.00
Development of Regional Impact
28,876.00
DOAH Appeals
816.00
Dock Length Variance
1,026.00
Future Land Use Map Amendment
6,000.00
(With Land Use Map Amendment)
Future Land Use Map Amendment
5,531.00
(Without Land Use Map Amendment)
Grant of Conservation Easement
269.00
Habitat Evaluation Index (per hour)
60.00
Home Occupation Application
498.00
Inclusionary Housing Exemption
900.00
Land Development Regulations Text Amendment
5,041.00
Land Use District Map Amendment — Nonresidential
4,929.00
Land Use District Map Amendment —Residential
4,131.00
Letter of Current Site Conditions
936.00
Letter of Development Rights Determination
2209.00
Letter of ROGO Exemption
215.00
NROGO Applications
774.00
Planning Fee (misc - per hour)
50.00
Parking Agreement
1,013.00
Planning Site Visit
129.00
Platting, 5 lots or less
4,017.00
Platting, 6 lots or more
4,613.00
Pre -application with Letter of Understanding
689.00
Pre -application with No Letter of Understanding
296.00
Public Assembly
149.00
Research, permits and records (per hour)
50.00
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Road Abandonment
1,533.00
ROGO Application
748.00
ROGO Lot/Parcel Dedication Letter
236.00
Sign Variance
1,076.00
Special Certificate of Appropriateness
200.00
Vacation Rental Application
493.00
Vacation Rental Manager License Fee
106.00
Vacation Rental Renewal
100.00
Variance, Planning Commission
1,608.00
Variance, Planning Director
1,248.00
Vested Rights Determination
2,248.00
Waiver, Planning Director
1,248.00
Wetlands Delineation (per hour)
60.00
Growth Management applications may be subject to the following additional
fees or requirements:
1. Advertising and /or notice fees; $245 for newspaper advertisement and $3
per property owner notice.
2. No application or other fees for affordable housing projects.
3. Hearing fees; payment of half the cost of the hearing officer, which is $66
per hour. County is charged $132 per hour by DOAH.
4. Subject to technology fee of $20.
Section 2. Any other fees schedules or provisions of the Monroe County Code
inconsistent herewith are hereby repealed.
Section 3. The Clerk of the Board is hereby directed to forward one (1) certified copy of
this Resolution to the Division of Growth Management.
Section 4. This Resolution is effective November 1, 2007.
(REMAINDER OF PAGE LEFT INTENTIONALLY BLANK)
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PASSED AND ADOPTED at a regular meeting of the Board of County
Commissioners of Monroe County, Florida, held on the 17`h day of October, 2007.
Mayor Mario Di Gennaro
Mayor Pro Tern Dixie Spehar
Commissioner George Neugent
Commissioner Charles McCoy
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Mayor/Chairperson
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
ME
DEPUTY CLERK
MONROE COUN TTORNEY
APP EO S FORM
Otl
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s
RESOLUTION NO. 389-2005
A RESOLUTION REPEALING RESOLUTION NO. 211-2003, AND
ANY OTHER FEE SCHEDULES INCONSISTENT HEREWITH,
AND AMENDING THE PLANNING AND ENVIRONMENTAL
RESOURCES DEPARTMENT FEE SCHEDULE TO MORE
EFFECTIVELY REPRESENT CURRENT COSTS REQUIRED TO
ADEQUATELY OFFSET THE TRUE COSTS OF PROVIDING
SUCH SERVICE TO THE PARTIES RECEIVING THE BENEFITS
OF THE DEVELOPMENT APPROVAL, AND THUS, FURTHER
REDUCING THE BURDEN CURRENTLY BEING BORNE BY
THE TAXPAYERS AT LARGE; PROVIDING FOR AN
EFFECTIVE DATE OF NOVEMBER 1.2005
WHEREAS, the Monroe County Board of County Commissioners wishes to
provide the citizens of the County with the best possible service in the most cost effective
and reasonable manner; and
WHEREAS, the Board finds that it would be in the best interest of the general
public to charge the true cost for development related services, thereby placing the
burden of such costs directly upon those parties deriving the benefit; and,
WHEREAS, the Growth Management Director has demonstrated that the
existing fee schedule does not reflect the true cost of providing the services to the parties
requesting services from the Planning and Environmental Resources Department; and
WHEREAS, the updated fee schedule prepared by the Growth Management
Division for providing these services includes the estimated direct costs and reasonable
indirect costs associated with the review and processing of planning and development
approval applications and site plans, on -site biological reviews, administrative appeals,
and preparation of official documentation verifying existing development rights; and
WHEREAS, after hearing testimony and evidence presented as to the appropriate
fee schedule during a public hearing on October 19, 2005, the Board of County
Commissioners concurs with the recommendations of the Growth Management Director.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INIONROE COUNTY FLORIDA, THAT:
Section 1. Pursuant to Section 9.5-21, the following schedule of fees to be charged by
the Growth Nanagement Division for the tiling of land development permits,
land development approvals, land development orders, and appeal
applications and requests for technical services or official letters attesting to
development rights recognized by the County:
P: Ntayra Tezancs BO C October 19, 2005 Planning Fees feeresolution.doc
Page I of 3
Alcoholic Beverage Application'
$ 1,140.00
Administrative Appeals
950.00
Administrative Relief
760.00
Beneficial Use
1,300.00
Biological Site Visit (per visit)
260.00
Boundary Determination
1,090.00
Conditional Use Application, Major1,2'5
6,020.00
Conditional Use, Application, Minor' '5
4,570.00
Conditional Use, Minor Deviation
320.00
Development Agreement"5
8,830.00
Development of Regional Impact"5
9,970.00
DOAH Appeals3
570.00
Future Land Use Map Amendment — Residential'-2-'
3,940.00
(With Land Use Map Amendment)
Future Land Use Map Amendment — Nonresidential1.2.5
4,950.00
(With Land Use Map Amendment)
Future Land Use Map Amendment — Residential 1.2.5
3,010.00
(Without Land Use Map Amendment)
Future Land Use Map Amendment — Nonresidential1.2.5
4,020.00
(Without Land Use Map Amendment)
Habitat Evaluation Index (per hour)
60.00
Home Occupation Application
310.00
Land Use District Map Amendment —Residential 1.2.5
2,940.00
Land Use District Map Amendment — Nonresidential t.2.5
3,970.00
LDR or Comprehensive Plan Text Amendment
2,270.00
Letter of Buildability (Current Site Conditions)
850.00
Letter of Development Rights Determination
1,620.00
Minor Conditional — TDR
420.00
Minor Conditional — TRE2
570.00
NROGO Applications
590.00
Platting, 5 lots or less5
1,660.00
Platting, 6 lots or more
3,100.00
Pre -application with Letter of Understanding
620.00
Pre -application with No Letter of Understanding
270.00
Research, permits and records (per hour)
50.00
ROGO Application2.5
430.00
ROGO Lot/Parcel Dedication Letter
210.00
Sign Variance
920.00
Special Certificate of Appropriateness
200.00
Vacation Rental Application
390.00
Vacation Rental Renewal
100.00
Vacation Rental *vfanager License Fee
40,00
Variance, Planning Commissiont*2 1,060.00
Variance, Planning Director''4
650.00
Vested Rights Determination
850.00
Waiver, Planning Directorz
420.00
P:MayTa Tezanos BOCC C ttober 19, 2005' Planning Fees' feeresolution.doc
Page 2 of 3
Wetlands Delineation (per hour)=
t Subject to additional fees; $245 for newspaper advertisement and $3 per
property owner notice.
2 No application or other fees for affordable housing projects.
3 Subject to additional charges; payment of half the cost of the hearing officer,
which is $66 per hour. County is charged $132 per hour by DOAH.
4 Subject to additional fee of $3 per property owner notice.
s Subject to technology fee of $20 for records conversion, storage, and retrieval.
Section 2. Resolution No. 211-2003 is hereby repealed.
Section 3. The effective date of the Fee Schedule shall be November 1, 2005.
Section 4. The Clerk of the Board is hereby directed to forward one (1) certified copy of
this Resolution to the Division of Growth Management.
PASSED AND ADOPTED at a regular meeting of the Board of County
Commissioners of Monroe County, Florida, held on the 19th day of October, 2005.
Mayor Dixie Spear Yes
Mayor Pro Tern Charles "Sonny" McCoy Yes
Commissioner George Neugent Yea
Commissioner David Rice Yes
Commissioner Murray E. Nelson Yee
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
. , c=-► C3
BY:
Mayor'Chairperson
r
xC�
(SEAL) -"-�y�
ATTEST': DA:YNY KOHLAGE, CLERK
m
n �"
►►MOW
By;,:
Deputy Clerk
P: Ntayra Tezanos BOCC October Ig, 2005'Planning Fees'feeresolution.doc
Page 3 of 3
MEMORANDUM
MONROE COUNTY GROWTH MANAGEMENT DIVISION
tf E.Yrl�c !o hc' curin�. pruJ�s.cio�tl! c�rni/air
To: Andrew O. Trivette � X
Growth Management Division Director -.
' I8 23
From: Ronda Nonnan
Code Enforcement Department Director
Date: October 2, 2007
RE: New Cost Recovery Procedure
Subject
An ordinance providing collection of adequate fees for services provided by the Code
Enforcement Department
Summary
With the adoption of FY08 Budget, the County is aggressively implementing cost
recovery approaches to providing government services. This philosophy ensures that
costs to provide services should be borne by those persons generating the necessity for
such services.
Authority
Per FS 162.07(2) and 162.09 and MCC 6.3-5, the Special Magistrate may impose actual
costs incurred in the enforcement of a code enforcement action.
Analysis
1. Per Florida Statute and the County Attorney's determination, costs can be recovered by
providing the Special Magistrate a detailed accounting of the costs expended on each
case.
Accordingly. we have developed a workshcet to track employees time spent on each case
(Exhibit A)
2. A change in the allocation of revenue to Code Enforcement through the collection of
Aker The Fact Permit fees generated by violations of working without a permit will also
be implemented. The customary administrative fee would be allocated to the building
department and the remaining percentage of the ATF fee would be allocated to the Code
Enforcement Department.
3. Additionally, an increase in fees for flood insurance inspections to more accurately
depict the cost of this service is needed. We estimate the actual cost to the County at
approximately S90.00 per inspection and we are currently charging S50.00.
Exhibit B provides a comparison between the current and proposed fee schedule. The
current cost of prosecution is S 100. We have estimated the average time expended by
personnel for a case scheduled for hearing is closer to S 1,100 per case. And, the
additional fees collected through after the fact permits could be as high as S350,000 per
year and the increase in flood insurance inspections would possibly generate an
additional $29,000 annually.
Anticipated Revenues
Per Exhibit B, additional revenues are anticipated at $1.5 M
Recommendation
Staff recommends adoption of this ordinance as it would constitute a reasonable
budgetary and policy decision as the fee increase reflects the realistic cost of providing
these services.
Exhibits
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MEMORANDUM
MONROE COUNTY GROWTH MANAGEMENT DIVISION
We strive to be caring, professional and fair
To: Andrew O. Trivette, Growth Management Director
From: Michelle Lee, Coordinator Budget & Personnel .
Date: October 4, 2007
RE: Fees for Engineering and Fire Marshall Services
Based on information obtained from the Engineering and Fire Marshall Departments as
well as loaded salary information from OMB, I used the following rates to calculate the
proposed new fees:
Fire Marshall and Rescue Captain (averaged) hourly rate = $57.21
Fire Chief % hour rate = $52.27
Fire Administrative hourly rate = $36.34, and % hour rate = $18.17
Engineer hourly rate = $93.74
Construction Supervisor hourly rate = $44.68
Engineering Administrative hourly rate = $38.12
Proposed New Fees:
Engineering Division Review:
County Engineer Review
Compliance Review ($93.74 x 4) 375.00
Administrative Fee ($38.12 x 6) 229.00
Site Inspection ($93.74 x 4) 375.00
Miscellaneous per hour fee (research) ($93.74 x 1) 94.00
Fire Safety Division
Fire Marshal Review
Compliance Review
Structural & Site Plan ($57.21 x 4)
229.00
Administrative Fee ($52.27 x 1)
52.00
Inspections
Structural & Site Plan ($57.21 x 3)
172.00
Sprinkler Systems & Fire Alarms ($57.21 x 5 + $18.17)
304.00
Administrative Fee ($52.27 x .5)
26.00