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13 . COUNTY ATTORNEY MATTERS 13.A. FUND 101 REFUND ISSUES County Attorney Alan S . Polackwich, Sr. , recalled that at the September 13 , 2011 Board of County Commission meeting, he was asked to research several issues associated with certain impact fees that remain in Fund 101 . He explained that $ 132 , 159 and $ 991 ,273 of unexpended impact fees and interest, respectively, remain in Fund 101 (formerly Traffic Impact Fee District 11) , and the fee payers never received notice of their right to file for a refund within one year. The Board needs to decide whether to issue a refund to the fee payers or use the funds for the AIA/ 171h Street Project ("AlA Project") . He gave an overview of the County' s impact fee ordinance ; confirmed the legality of funding the AIA Project with the Fund 101 revenues ; described the County' s interest accounting method; and outlined various options for the refund process . Concluding his analysis , he revealed that the City of Vero Beach supports the AIA Project, provided City residents are given 90 days to request a refund. MOTION WAS MADE by Commissioner Solari, SECONDED by Chairman Wheeler, to refund the entire amount of unexpended Fund 101 traffic impact fee funds to the current property owners, including the principal and the interest, with the refund process to be staff-driven with no application fee. Vice Chairman O ' Bryan relayed that the City of Vero Beach ("the City") has downgraded the Levels of Service (LOS) on the AIA/ 17th Street intersection, and he felt the greatest benefit to everyone would be to go ahead with the AIA Project . Chairman Wheeler agreed that the intersection should be fixed, noting that the Fund 101 funds were designated for transportation improvements . However, he believed the current impact fee ordinance is unfair to the public and should be amended to prevent this type of situation in the future . BK 141 PG 815 December 20 , 2011 25