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HomeMy WebLinkAbout06.a.1) Update on permit counter and connection fee collection matters.Central Contra Costa Sanitary District March 30, 2012 TO: THE HONORABLE BOARD OF DIRECTORS VIA: ANN E. FARRELL GENERAL MANAGER 4�JA JARRED MIYAMOTO- MILLS, PROVISIONAL ENVIRONMENTAL SERVICES DIVISION MANAGER FROM: TOM GODSEY, SENIOR ENGINEER V1/ SUBJECT: OUTSTANDING DEVELOPMENT SERVICES FEES - UPDATE At its March15, 2012 regular meeting, the Board received a report on the recently concluded Audit of Permit Counter and Connection Fee Connection Practices by Bartle Wells Associates. The Board directed staff to report progress on implementing the audit's recommendations at each subsequent Board meeting. Over the past two weeks the staff has done the following: Held preliminary discussion with SunGard's Building Permits (BP) specialist regarding the accumulating fee issue. This discussion confirmed that Permit Counter staff is using the software appropriately and that there are no features available in the application to avoid accumulation of fees from cancelled or closed applications or those generated in response to requests for quotes or miscellaneous inquiries. The specialist recommends that the Outstanding Fee Report be run regularly and that fee entries not owed be manually evaluated and purged from the database where appropriate. • The November 2011 SunGard BP "Outstanding Fees Report" has been further evaluated to determine the distribution of applications and fee amounts to general data categories. The flow chart presented by General Manager, Ann Farrell, at the March 15, 2012 Board meeting that shows this information has been revised to replace the then - unknown entries with relevant data. The revised chart is attached. Based on our initial sorting of the data, there are approximately $4.6 million in fees that fall into the category of possibly owed. Staff with outside assistance will be going through this list to determine how many fees are actually owed. A list of the possible scenarios for applications where fees may be collectible was developed and submitted to District Counsel for legal review. Counsel will advise the application evaluation team regarding an appropriate approach to procedures for, and limitations on, the collection of fees determined to be owed. For example, there may be some cases where the statute of limitations has lapsed. In these cases, we will need Board and legal guidance in deciding whether to NAENVRSEC \Position Papers \Godsey\2012 \Board Memos \4- 5- 12\Memo the BOD re Status 3- 30- 12.doc Outstanding Development Services Fees - Update March 30, 2012 Page 2 of 2 send a demand letter knowing that some customers will feel obligated to pay the fees owed out of a sense of equity. The alternative would be to write off these fees. A team of three "agency temporary" accounting staff has been engaged to evaluate each of the 1,715 applications currently in the SunGard BP database where fees have been entered but not yet collected. The team will begin work on April 5, 2012, and will continue its work until each application has been categorized as either having fees due or not. They will focus first on the applications associated with the approximately $4.6 million in fees that are most likely to be owed, based on our initial sorting of the data. • Meetings with other agencies building permit and public works staff to seek improved collaboration are underway. Pleasant Hill has tentatively agreed to allow CCCSD sign off on final inspections. A similar meeting is scheduled with Contra Costa County staff next week. The application evaluation team's work will be completed by June 30, 2012. Where applications with verified fees owed are identified, staff will immediately commence pursuing collection. Collection efforts may extend into 2013 depending on the volume and complexity of applications where we determine that fees are collectible. TG:sdh Attachment N: \ENVRSEC \Position Papers\Godsey\2012 \Board Memos \4- 5- 12\Memo the BOD re Status 3- 30- 12.doc SunGard Report Output Revised: 3 -30 -2012 1715 Permits Showing Fees Entered $20.5 M 166 Permits Fees > $10, 000 Fees Possibly Owed? $17.1 M No Yes $14.0 M $3.1 M Document > < Resolve 630 Permits $1, 000 > Fees > $10, 000 Fees Possibly Owed? $3.1 M No Yes $1.6 M $1.5 M Document IF Resolve 919 Permits Fees < $1,000 $0.3 M N:\ ENVRSEC \Admin \Farrell\2012 \SunGard Report Output Rvsd 3- 30- 12.doc