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c - 19 INDIAN RIVER COUNTY , FLORIDA , BOARD OF COUNTY COMMISSIONERS Wpla IN RE $ Appeal by Impact Fee Consultants of Denial of 13 Applications for Refund of Impact Fees ORDER ON APPEAL OF DENIAL OF APPLICATIONS FOR REFUND OF IMPACT FEES In March and April , 2012 , Impact Fee Consultants (" IFC ") submitted 12 applications for impact fee refunds . All refunds were sought under section 1000 . 15 of the IRC Code , which provides for refund if an impact fee is not encumbered or spent within a six year period defined in section 1000 . 15 . On May 17 , 2012 , the Community Development Director issued a written decision denying the applications on the basis that all impact fees had been encumbered or spent within the six year period . On May 24 , 2012 , IFC timely appealed the Community Development Director ' s decision to the County Administrator, pursuant to section 100 . 06 ( 1 ) of the IRC Code . As required by section 100 . 06 , IFC ' s appeal notice included a statement of the facts and details allegedly showing why the decision should be reversed or modified. After affording IFC the opportunity for a hearing (which was declined) , and consulting with the Community Development Director, the Director of Management and Budget and the County Attorney , the County Administrator issued a written decision denying the appeal on June 6 , 2012 . IFC took a timely appeal to the Board of County Commissioners ( "Board") pursuant to section 100 . 06 (2 ) of the IRC Code . Prior to the hearing , IFC and the County agreed to add a 13 '' application to the appeal (relating to 2040 Bennington Ct . SW) . This application was deemed to involve the same legal and factual issues as the other 12 applications . A list of the 13 applications which were the subject of the appeal is attached to this order as Exhibit A . The appeal came before the Board on June 19 , 2012 . A quasi judicial hearing was held at which witnesses were sworn , evidence was introduced and each party was afforded the right of cross - examination . At the end of the hearing, a motion was made and unanimously adopted to deny the appeal . Accordingly , it is hereby ordered by the Indian River County Board of County Commissioners that the appeal of Impact Fee Consultants to the denial of 13 applications for refund of impact fees be and hereby is denied . DONE AND ORDERED this IQ� r, day of June , 2012 . ATTEST : Jeffrey K . Barton, INDIAN RIVER COUNTY , FLORIDA , Clerk of Court BOARD OF COUNTY COMMISSIONERS MISS/� --� BY ;• �1 . ' • � Deputy Clerk :oJ`'•' �.r 'eter D . O ' Bryan, Vice C irman Copy furnished to : Impact Fee ConsulaM* e 41 :4 go 11 op o��RNfR C�� '�• N NwN wNwww