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INDIAN RIVER COUNTY, FLORIDA MEMORANDUM !I� ADMINISTRATOR'S MATTERS TO: Joseph A. Baird; County Administrator FROM: Stan Boling, CP Community Development Director DATE: October 28, 2015 SUBJECT: Appeal by Impact Fee Consultants of a Decision by the County Administrator to Deny Requests for Refund of School Impact Fees Paid in 2008 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of November 10, 2015. BACKGROUND Recently, Charlie Wilson on behalf of Impact Fee Consultants filed groups of requests for school impact fee refunds. The requests involve residential units (mostly single-family homes) for which impact fees were paid and building permits were issued in 2008. The reasons provided in the submittal for the refund requests were that the 6 year period for expending school impact fees had expired, that there had been "no growth", and that school impact fees were not spent on new school capacity needs. In accordance with the school impact fee interlocal agreement between Indian River County and the School Board, county staff reviewed the refund requests in coordination with school board staff. That review was conducted by the Community Development Department on two groups of requests totaling 28 and 12 refund applications, and involved coordination with the County Budget Office, the County Attorney, and the county's impact fee consultant (Tindale -Oliver). For both groups of requests, the Community Development Director determined that school impact fees collected in 2008 were properly expended or encumbered for capital improvements made necessary by new growth and development based on information provided by School Board staff and reviewed by the County Budget Office. In accordance with County Code section 100.06, the Community Development Director's decision to find proper encumbrance or expenditure of funds and deny both groups of refund requests were appealed by Impact Fee Consultants to the County Administrator. After reviewing both appeals and the reasons provided, the Administrator also found proper encumbrance or expenditure of funds and denied both appeals and provided responses to the nine appeal reasons provided by Impact Fee Consultants. Following County Code section 100.06, Impact Fee Consultants has appealed both decisions of the County Administrator. The appeals to the Board include by reference the nine reasons previously provided, and brief comments on those reasons and the Administrator's responses. Impact Fee Consultants has agreed to have both appeals heard as one matter at the Board's November 10, 2015 meeting. F•\Community Development\Users\CDADMIN\AGENDA\Current Year\2015\11-10-15 Appeal by IFC of decision by County Administrator to Deny Requests for School Impact Fee Refunds.docx 1 96