Item O1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 15. 2009
Division: Growth Management
Bulk Item: Yes
No...,L
Department:
Staff Contact PersonlPhone #: Andrew Trivette
Ext. 2517
AGENDA ITEM WORDING: Approval of a resolution of the Monroe County Board of County
Commissioners amending the Planning and Environmental Resources fee schedule by changing the fee
for a Beneficial Use Determination.
ITEM BACKGROUND: The proposed resolution will update the fee schedule prepared by the
Growth Management Director to include the estimated direct costs and reasonable indirect costs
associated with the review and processing of Beneficial Use Determination applications presented to
Monroe County.
PREVIOUS RELEVANT BOCC ACTION:
October 17, 2007 BOCC approved Resolution No. 419-2007 changing the fee schedule.
March 18,2009 BOCC approved continuance of this item to the April 15, 2009 meeting.
CONTRACT/AGREEMENT CHANGES: nla
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
nla INDIRECT COST:
BUDGETED: Yes
No
COST TO COUNTY: nla
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty ....x..- OMB/Purchasing _ Risk Management
DOCUMENTATION:
Included ~
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 1/09
MEMORANDUM
MONROE COUNTY GROWTH MANAGEMENT DIVISION
We strive to be caring, professional andfair
To: Roman Gastesi, County Administrator
From: Andrew Orner Trivette,
Growth Management Division Director
Date: Monday, March 30, 2009
RE: Beneficial Use Application Fee Increase
The intention of this memo is to provide background and detail concerning an increase to
the fee structure for the filing of the application for a Beneficial Use Determination.
A Beneficial Use Determination is a process by which a property owner makes claim that
they have been deprived of all beneficial use for their property by Monroe County. The
process of evaluating the applicant's claim is legal in nature. Historically Monroe County
has retained the firm of White and Smith for the assistance of attorney Tyson Smith who
pursued these applications from filling to rendering. Last year the BOCC approved a
budget plan which reduced the funding of outside counsel in return for hiring an
additional attorney to help reduce expenditures. Attorney Smith having completed
numerous beneficial use hearings recognized deficiencies in the application and process
and prepared a revised application for use by Monroe County.
To date Monroe County has completed approximately 53 applications for Beneficial Use
Determination and over 130 remain outstanding. A result of Attorney Smith's evaluation
of our process and application is the realization that Monroe County is not adequately
recouping its costs for evaluation of the application material, provision of administrative
staff and attorney's fees for the service.
Presently an application for Beneficial Use Determination requires an application fee of
$1,300.00. Following completion of over 30 of these types of evaluations we confirm
that the County has invested in each application approximately 66 hours of staff time
with an average salary of $67.00 an hour. This would equate to a total County incurred
cost of $4,422.00. In this scenario the County is only recouping 29% of its cost for each
of these evaluated applications.
I propose in the attached resolution the increase of the application fee for Beneficial Use
Determination in the amount of $3,190.00, resulting in a new total fee of $4,490.00.
Utilizing the new fee structure for this application and assuming a typical application rate
of 23 per year we could expect approximately $73,370.00 in additional revenue. The
attached Chart details the basis for the increase.
Beneficial Use
..-.,
L
:)
3
$4,490.00 $1,300.00 $3,190.00
. . , I
_' - I' , :
RESOLUTION NO. -2009
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 RECEMNG
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 overall general administrative and operational overhead of the
Growth Management Division is not included in the fee amounts; and,
WHEREAS, the Board heard testimony and evidence presented as to the
appropriate fee schedule during a public hearing on April 15, 2009; 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 102-19(9), 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
W:\GROWfH MANAGEMEN1\BOCC\GMD Agenda Items\2009 04 15\Beneficual Use Planning
Fees\PLANNING FEE RESO - PROPOSED - (I).doc
Page 1 of4
applications, and requests for technical services or official letters attesting to
development rights recognized by the County shall be implemented:
Administrative Appeals
Administrative Relief
Alcoholic Beverage Application
Beneficial Use
Biological Site Visit (per visit)
Biologist Fee (misc - per hour)
Boundary Determination
Comprehensive Plan & LDR Amendment
Comprehensive Plan Amendment
Conditional Use Application, Major
Conditional Use, Application, Minor
Conditional Use, Minor Deviation
Conditional Use, Revised Plan Review
Conditional Use, Time Extension
Conditional Use, Transfer of Development Rights
Conditional Use, Transfer of Floor Area
Conditional Use, Transfer of ROGO Exemption
Development Agreement
Development of Regional Impact
DOAR Appeals
Dock Length Variance
Future Land Use Map Amendment
(With Land Use Map Amendment)
Future Land Use Map Amendment
(Without Land Use Map Amendment)
GnmtofConse~ationE~emem
Habitat Evaluation Index (per hour)
Home Occupation Application
Inclusionary Housing Exemption
Land Development Regulations Text Amendment
Land Use District Map Amendment - Nonresidential
Land Use District Map Amendment -Residential
Letter of Current Site Conditions
Letter of Development Rights Determination
Letter of ROGO Exemption
NROGO ApplicationS
Planning Fee (misc - per hour)
Parking Agreement
Planning Site Visit
Platting, 5 lots or less
Platting, 6 lots or more
2,626.00
1,011.00
1,264.00
4,490.00
280.00
60.00
1,201.00
6,000.00
5,531.00
10,014.00
8,484.00
1,768.00
638.00
986.00
1,239.00
1,944.00
1,740.00
12,900.00
28,876.00
816.00
1,026.00
6,000.00
5,531.00
269.00
60.00
498.00
900.00
5,041.00
4,929.00
4,131.00
936.00
2209.00
215.00
774.00
50.00
1,013.00
129.00
4,017.00
4,613.00
W:\GROWTH MANAGEMEN1\BOCC\GMD Agenda ltems\2009 04 15\Beneficual Use Planning
Fees\PLANNING FEE RESO - PROPOSED - (I).doc
Page 2 of4
Pre-application with Letter of Understanding
Pre-application with No Letter of Understanding
Public Assembly
Research, permits and records (per hour)
Road Abandonment
ROGO Application
ROGO Lot/Parcel Dedication Letter
Sign Variance
Special Certificate of Appropriateness
Vacation Rental Application
Vacation Rental Manager License Fee
Vacation Rental Renewal
Variance, Planning Commission
Variance, Planning Director
Vested Rights Determination
Waiver, Planning Director
Wetlands Delineation (per hour)
689.00
296.00
149.00
50.00
1,533.00
748.00
236.00
1,076.00
200.00
493.00
106.00
100.00
1,608.00
1,248.00
2,248.00
1,248.00
60.00
Growth Management applications may be subject to the following additional
fees or requirements:
1. Advertising and lor 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 teclmology 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 (I) certified copy of
this Resolution to the Division of Growth Management.
Section 4. This Resolution should be effective upon execution.
(REMAINDER OF PAGE LEFT INTENTIONALLY BLANK)
W:\GROWTH MANAGEMENT\BOCC\GMD Agenda ltems\2009 04 15\Beneficual Use Planning
Fees\PLANNING FEE RESO - PROPOSED - (I).doc
Page 3 of4
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at
a regular meeting held on the day of . 2009.
Mayor George Neugent
Mayor pro tem Sylvia Murphy
Commissioner Kim Wigington
Commissioner Heather Carruthers
Commissioner Mario Di Gennaro
BOARD OF COUNTY COMMISSIONERS
OFMONROECOUNT~FLOmDA
BY:
Mayor George Neugent
(SEAL)
ATTEST: DANNYL. KOLHAGE, CLERK
Deputy Clerk
W:\GROWTH MANAGEMEN1i.BOCC\GMD Agenda Items\2009 04 15\Beneficual Use Planning
Fees\PLANNING FEE RESO - PROPOSED - (I).doc
Page 4 of4
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at
a regular meeting held on the _ day of . 2009.
Mayor George Neugent
Mayor pro tern Sylvia Murphy
Commissioner Kim Wigington
Commissioner Heather Carruthers
Commissioner Mario Di Gennaro
BOARD OF COUNTY COMMISSIONERS
OFMONROECOUNTY,FLO~DA
BY:
Mayor George Neugent
(SEAL)
ArrEST: DANNY L. KOLHAGE, CLERK
Deputy Clerk
MONROE COUNTY ATTORNEY
APPR 0 A FORM:
SUSAN M. A'MSLEY
AS8~ATT'ORNEV
Date I... ~ ...~ q
Page 4 of4