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Commissioner Davis pointed out that several issues pertaining to the impact fees were <br /> being addressed simultaneously and requested that the issues be discussed individually . <br /> Commissioner Solari WITHDREW his Motion. <br /> MOTION WAS MADE by Commissioner Solari, <br /> SECONDED by Commissioner Davis, to refund the entire <br /> amount of Fund 101 traffic impact fee funds , consisting of <br /> the principal and the interest that has accumulated to date . <br /> Mr. Wilson defended the right of the fee payers to receive a refund of their unexpended <br /> fees . He wondered why in all the time Fund 101 was in existence, the Commissioners had not <br /> been asked to implement a refund policy for the unexpended impact fees not used within the <br /> allotted six years . <br /> Administrator Baird explained that staff had followed the refund policy in Ordinance <br /> 198644 , which states a fee payer has one year to apply for a refund. <br /> Commissioner Davis asked the County Attorney to clarify where the ordinance was <br /> flawed. <br /> Attorney Polackwich advised that should there be a legal dispute , the refund process <br /> would be questioned . <br /> Commissioner Solari observed that as the refund issue is one of equity and not law, the <br /> equity should fall to the individual citizens and not the government . He felt the right thing would <br /> be to do what is best for the individual citizens and refund the entire amount in Fund 101 . <br /> Discussion continued on the policies relating to impact fees as outlined in Ordinance <br /> 1986 - 14 and Ordinance 2005 -015 . <br /> 0% 141 PG 817 <br /> December 20 , 2011 27 <br />