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HomeMy WebLinkAbout20080213consumerprotectionAGENDA ITEM SUMMARY REGULAR MEETING DATE: February 13, 2008 AGENDA ITEM TITLE: Resolution Establishing Fees for Pitkin County's Consumer Protection Program STAFF RESPONSIBLE: Rose Ann Sullivan, Environmental Resources Manager, Environmental Health & Natural Resources Department SUMMARY OF ISSUE: Adoption of fee increases for services related to Pitkin County's participation in the State of Colorado's Consumer Protection Program. BACKGROUND: Fees currently charged by the Department of Environmental Health & Natural Resources do not reflect the cost of providing the Department's services related to the state Consumer Protection Program. KEY DISCUSSION ITEMS: The costs associated with performance of all of the Department's services related to the Consumer Protection Program have continued to increase since discretionary fees were established in 2000. In addition to increased costs associated with inflation, the following factors have contributed to the greater amount of time staff must now spend on restaurant inspections, restaurant plan reviews, and other program activities: ^ The employee turnover rate at restaurants and other retail food establishments (particularly the seasonal restaurants) has become very high. This has resulted in greater numbers of untrained personnel. Some retail food establishments are simply under-staffed. These factors are resulting in more food safety issues at retail food establishments. An increase in the number of food safety issues has resulted in more staff time being devoted to violation-related paperwork and initial and follow-up inspections. ^ As the cost of doing business continues to rise, some retail food establishments are not maintaining their "back-of--the-house" facilities and equipment as they should. This is particularly problematic at the older buildings in the County. This has resulted in more food safety issues (particularly critical violations related to poorly-maintained or antiquated equipment) and more staff time devoted to violation-related paperwork and initial and follow-up inspections. ^ Travel time getting to and from on-site inspections has increased, primarily due to the traffic gridlock getting in and out of the City of Aspen. As discussed in the Memorandum of Interest provided to the Board on January 29, 2008, many of the fees that can be charged by the Environmental Health & Natural Resources Department are either set or "capped" by state statute. Thus, the Department is not able to fully recoup the actual costs associated with all of its program activities. The fee increases the Department is proposing can only recoup the actual costs of doing business to the extent possible under c«rrent state law. ~FL 4 ~ ' BUDGETARY IMPACT: Increasing existing fees is necessary to cover the costs of doing business. It also reflects the Board's admonition that development must "pay its own way." As previously noted in connection with other proposed Community Development fee increases - a cost study will be undertaken this year to provide better information on the actual costs associated with a range of County services. Additional changes to fees may be proposed upon conclusion of that study. RECOMMENDED BOCC ACTION: Approve the Resolution Establishing Fees for Pitlcin County's Consumer Protection Program and set for 2"`~ Reading and Public Hearing. 2 ATTACHMENT RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, ESTABLISHING FEES FOR PITKIN COUNTY'S CONSUMER PROTECTION PROGRAM RESOLUTION NO. -2008 RECITALS A. WHEREAS, certain fees currently charged by the Department of Environmental Health & Natural Resources do not reflect the cost of actually providing the Department's services related to participation in the State of Colorado's Consumer Protection Program; and B. WHEREAS, the Board of County Commissioners desires to increase such fees, to the extent permitted under state law, to better cover the costs of the County's participation in the Consumer Protection Program. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that the fee schedule attached hereto as Exhibit A is hereby adopted and any and all prior Resolutions establishing fees for the specified services (including but not limited to Resolution No. 067-2000) are hereby repealed. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON February 13, 2008. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON February 17, 2008. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON February 27, 2008. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON March 2, 2008. ATTEST: By: Jeanette Jones Deputy County Clerk APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS: By: Jack Hatfield, Chairman Date: MANAGER APPROVAL: John Ely, County Attorney Hilary Fletcher, County Manager EXHIBIT A CONSUMER PROTECTION PROGRAM FEES T e of Fee Fee S ecial Events Involvin Retail Food Establishments* -- S ecial Event Retail Food A licatiou $165/booth -- S ecial Event Inspection $243/booth Retail Food Establishments* -- COnStruetlon/Remodel Plan Review A licatiou $75 -- Plan Review $140 -- Pre-O enin Ins ection $140 -- Annual License Fee Varies - as established by C.R.S.§25-4- 1607(2), as amended from time to time. -- Review of Potential Site $162/hr. * Subject to the statutory exceptions for schools, charitable organizations and others under specific circumstances, as specified at CRS §25-4-1607(9), as amended from time to time.