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October 9, 2015 Charles R. Wilson, President Impact Fee Consultants 2001 9`h Avenue, Suite 105 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 12 Applications for Refund of School Impact Fees Based Upon Failure to Encumber Fees within Six Years of Payment [September 28 submittal] Dear Mr. Wilson. On September 28, 2015 as president of Impact Fee Consultants, you submitted to Community Development a total of 12 applications for refunds of school impact fees paid during 2008. The requested school impact fees total $ 19,815.74. Receipts for all 12 transactions associated with the refund request are attached. As noted in previous email correspondence, the Hilbert & Tina L. Curtis (1225 12'h Av SW) refund request does not appear to be signed by the client. 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 12 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". As previously discussed, staff will work to process any appeal in a timely manner so that any related appeals can be heard at one time (one meeting) of the Board of County Commissioners. M:\Impact fee Refunds\School Impact Fees Public Records Request\Charlie Wilson denial of 12 school impact fee refund requests submitted 9-28- 15.docx Attachment 2b 127