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Vice Chairman O ' Bryan suggested that the refunds begin with the current owner of the <br /> property associated with the last impact fee paid into Fund 101 , and proceed backwards with the <br /> next impact fee paid, until all the fees and associated interest have been expended . <br /> Ms . Robertson objected to the County' s plan to refund the fees in simple rather than <br /> compound interest. <br /> Director Brown discussed the interest accounting procedures , noting that the Clerk of the <br /> Court calculates the interest . <br /> Joseph Paladin , Black Swan Development and Entitlement, opined that the fees paid <br /> into Fund 101 should be used to fix the intersection and benefit everyone. <br /> Discussion ensued, with input from Attorney Polackwich, regarding the legality of <br /> funding the A 1 A Project with the Fund 101 funds . He counseled that if the County was found to <br /> have a defective refund process and required to issue the refunds, the defect in the ordinance <br /> would not be cured by the ultimate use of the funds for the public good . <br /> The Chairman CALLED THE QUESTION and by a 44 <br /> vote (Commissioner Solari opposed), the Motion carried . <br /> The Board : ( 1 ) approved to refund to the current property <br /> owners the $ 132 , 159 of unspent Fund 101 (Original <br /> Traffic Impact Fee District II Trust Account) traffic <br /> impact fees ; (2) authorized the Clerk of Court to compute <br /> the interest related only to the $ 132 , 159 impact fees ; and <br /> (3 ) approved the requirement for impact fee refund <br /> applicants to sign an affidavit acknowledging the need for <br /> the AIA Project, and the probable lack of other funds to <br /> effect the intersection improvements . <br /> K 141 PG 819 <br /> December 20, 2011 29 <br />