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September 18, 2015 Charles R. Wilson, President Impact Fee Consultants P O Box 651114 Vero Beach, FL 32965 INDIAN RIVER COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 1801 27th Street, Vero Beach FL 32960 772-226-1237 / 772-978-1806 fax www ircgov. com RE: Administrative Decision Denying 28 Applications for Refund of School Impact. Fees Based Upon Failure to Encumber Fees within Six Years of Payment [August 24 and August 28 submittals] Dear Mr. Wilson: On August 24, and on August 28, 2015 as president of Impact Fee Consultants, you submitted to Community Development a total of 28 applications for refunds of school impact fees paid during 2008. The requested school impact fees total $ 47,911.11. Receipts for all 28 transactions associated with the refund request are attached. Under the April 28, 2005 school impact fee interlocal agreement between Indian River County and the School Board, the County is responsible for reviewing all applications for school impact fee refunds ("Public Education Facilities Impact Fees") in coordination with the School Board. After receiving the subject application, County staff coordinated with School Board staff as part of its review. Based upon information received from School Board staff, the Budget Office re -confirmed a prior determination that the school .impact fees collected during 2008 were properly expended or encumbered for capital improvements made necessary by new growth and development, and that those fees were expended or encumbered by June 30, 2014, September 30, 2014, or December 31, 2014 as appropriate for any given application. Therefore, school impact fees were properly expended or encumbered within the six year timeframe provided in County Code section 1000.15. Because the school impact fees paid in 2008 for the subject applications were properly encumbered by the appropriate deadlines in 2014, those school impact fees are not eligible for refund. Therefore, the 28 subject refund applications are denied. This administrative determination from a department head may be appealed pursuant to County Code section 100.06. In accordance with section 100.06, this determination may be appealed in writing to the County Administrator within 10 working days. Any such appeal shall include "...a written statement with facts and details showing why the decision should be reversed or modified". M:\Impact Fee Refunds\School Impact Fees Public Records Request\Charlie Wilson denial of 28 school impact fee refund requests.docx Attachment 2a 106; II