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spent in accordance with the impact fee law and there was no basis for <br />refund, and County Administrator Joseph Baird had upheld staff's <br />conclusion. Director Boling disclosed that Mr. Wilson was appealing the <br />County Administrator's decision to the Board of County <br />Commissioners, and that staff's recommendation was for the Board to <br />uphold said decision and deny the refunds. <br />County Attorney Dylan Reingold recapped that the School Impact Fees <br />must be spent on capital improvements necessitated by growth and <br />development. <br />Steve Tindale, Tindale -Oliver & Associates, continued the PowerPoint <br />Presentation to review the "Dual Rational Nexus" for the expenditure of <br />School Impact Fees, and confirmed that the County has met the <br />requirements for expenditure of the 2008 fees. <br />Scott Sanders, Director of Facilities Planning and Construction, Indian <br />River County School District, assumed the PowerPoint Presentation, to <br />describe the school projects that have been done with impact fees, as <br />well as a current classroom expansion at Citrus Elementary School. <br />Throughout the presentations, the Board posed questions to staff and <br />expressed opinions regarding the School Impact Fees. <br />Charles Wilson, President, Impact Fee Consultants, addressed the <br />Board with his arguments that the School Impact Fees that his clients <br />paid in 2008 were not expended in accordance with certain <br />requirements of School Impact Fee law. He stated that the impact fees <br />could not be used to build more student stations when there is unused <br />capacity within the school system. <br />A lengthy discussion followed as the Board, staff, Mr. Tindale, Mr. <br />Sanders, and Mr. Wilson continued to comment and pose questions on <br />School Impact Fees. <br />Joseph Paladin, Black Swan Consulting and Entitlement, remarked that <br />the County could not give the refunds if the school impact fees were <br />expended properly. <br />Additional discussion ensued, with input from Mr. Sanders, about <br />school capacity and student stations. <br />Mr. Wilson reiterated his stance that the impact fee money was not <br />spent in accordance with impact fee law. <br />Board of County Commission Meeting Page 7 <br />November 10, 2015 <br />