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BOARD OF COUNTY COMMISSIONERS October 5, 2015 Mr. Charles R Wilson. President impact Fee Consultants 2001 9`11 Avenue, Suite 105 Vero Beach, FL 32965 Dear Mr. Wilson. i have received your recent correspondence appealing the Community Development Director's September 18, 2015 decision denying refund applications submitted for school impact fees paid in 2008 (Attachment 5) it is my opinion as County Administrator that denial of those refund applications was appropriate. With respect to specific issues raised in your letter, I offer the following responses • Appeal Reason 1: "No growth occurred in the time period making the expenditure "necessary for new growth" impossible. Simply put no growth...no fee regardless of the tine of the expenditure or the reason. As the first responsible officer it was required of the Planning Director to consider more than the accounting and dates of fees but the eligibility of such expenditures." Response: With respect to impact fees, "growth" refers to development as indicated in Impact Fee Ordinance sections 1000.03, 1000.04, and 1000.06. According to County records, in 2008, 474 residential building pen -nits were issued in Unincorporated Indian River County and Vero Beach alone. From 2008 — 2014, 2,269 residential permits were issued (Attachment 1). Growth and development did occur during the subject time period. That growth generated student demand, which was calculated in the form of student generation rates and factored into the school impact fee rate, as technically justified and presented in impact fee studies conducted for the county • Appeal Reason 2 and 3: "Expenses claimed since 2008 had already been accounted for by previous collections and a carryover of funds. Fees paid in 2008 cannot be used to fund a deficit that existed prior to their collection. Funds are for future growth." Response: With respect to both of these issues, there is no deficit being addressed through impact fee rates or collection. This point was specifically addressed by Tindale Oliver & Associates (the County's impact fee consultant) at the September 11, 2014 School Board meeting that you attended (see workshop video at 10:51 AM and the 11.49 AM marks). Since the County has adopted a Consumption -Based fee formula (see response below for a more detailed explanation of what this means), impact fees are collected continuously. Because school facility construction is substantial in nature, it is 1 Attachment 4a 136